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Texas Code of Criminal Procedure - Article 64.03. Requirements; Testing

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 64.03. Requirements; Testing

Art. 64.03. REQUIREMENTS;  TESTING.  (a) A convicting court 
may order forensic DNA testing under this chapter only if:
	(1)  the court finds that:                                                     
	(A)  the evidence:                                                             
	(i)  still exists and is in a condition making DNA testing 
possible;  and    
	(ii)  has been subjected to a chain of custody sufficient to 
establish that it has not been substituted, tampered with, 
replaced, or altered in any material respect;  and
	(B)  identity was or is an issue in the case;  and                             
	(2)  the convicted person establishes by a preponderance of 
the evidence that:
	(A)  the person would not have been convicted if exculpatory 
results had been obtained through DNA testing;  and
	(B)  the request for the proposed DNA testing is not made to 
unreasonably delay the execution of sentence or administration of 
justice.
	(b)  A convicted person who pleaded guilty or nolo contendere 
in the case may submit a motion under this chapter, and the 
convicting court is prohibited from finding that identity was not 
an issue in the case solely on the basis of that plea.
	(c)  If the convicting court finds in the affirmative the 
issues listed in Subsection (a)(1) and the convicted person meets 
the requirements of Subsection (a)(2), the court shall order that 
the requested forensic DNA testing be conducted.  The court may 
order the test to be conducted by the Department of Public Safety, 
by a laboratory operating under a contract with the department, or, 
on agreement of the parties, by another laboratory.
	(d)  If the convicting court orders that the forensic DNA 
testing be conducted by a laboratory other than a Department of 
Public Safety laboratory or a laboratory under contract with the 
department, the State of Texas is not liable for the cost of 
testing.  If the court orders that the testing be conducted by a 
laboratory described by this subsection, the court shall include in 
the order requirements that:
	(1)  the DNA testing be conducted under reasonable 
conditions designed to protect the integrity of the evidence and 
the testing process;
	(2)  the DNA testing employ a scientific method sufficiently 
reliable and relevant to be admissible under Rule 702, Texas Rules 
of Evidence;  and
	(3)  on completion of the DNA testing, the results of the 
testing and all data related to the testing required for an 
evaluation of the test results be immediately filed with the court 
and copies of the results and data be served on the convicted person 
and the attorney representing the state.
	(e)  The convicting court, not later than the 30th day after 
the conclusion of a proceeding under this chapter, shall forward 
the results to the Department of Public Safety.

Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.  
Subsec. (a) amended by Acts 2003, 78th Leg., ch. 13, Sec. 3, eff. 
Sept. 1, 2003.

Last modified: August 10, 2007