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Texas Code of Criminal Procedure - Article 64.01. Motion

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 64.01. Motion

Art. 64.01. MOTION.  (a) A convicted person may submit to the 
convicting court a motion for forensic DNA testing of evidence 
containing biological material.  The motion must be accompanied by 
an affidavit, sworn to by the convicted person, containing 
statements of fact in support of the motion.
	(b)  The motion may request forensic DNA testing only of 
evidence described by Subsection (a) that was secured in relation 
to the offense that is the basis of the challenged conviction and 
was in the possession of the state during the trial of the offense, 
but:
	(1)  was not previously subjected to DNA testing:                              
	(A)  because DNA testing was:                                                  
	(i)  not available;  or                                                        
	(ii)  available, but not technologically capable of 
providing probative results;  or
	(B)  through no fault of the convicted person, for reasons 
that are of a nature such that the interests of justice require DNA 
testing;  or
	(2)  although previously subjected to DNA testing, can be 
subjected to testing with newer testing techniques that provide a 
reasonable likelihood of results that are more accurate and 
probative than the results of the previous test.
	(c)  A convicted person is entitled to counsel during a 
proceeding under this chapter.  The convicting court shall appoint 
counsel for the convicted person if the person informs the court 
that the person wishes to submit a motion under this chapter, the 
court finds reasonable grounds for a motion to be filed, and the 
court determines that the person is indigent.  Compensation of 
counsel is provided in the same manner as is required by:
	(1)  Article 11.071 for the representation of a petitioner 
convicted of a capital felony;  and
	(2)  Chapter 26 for the representation in a habeas corpus 
hearing of an indigent defendant convicted of a felony other than a 
capital felony.

Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.  
Subsec. (c) amended by Acts 2003, 78th Leg., ch. 13, Sec. 1, eff. 
Sept. 1, 2003.

Last modified: August 10, 2007