Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Preservation of DNA Evidence and Postconviction DNA Testing - S.B. 3
by Senator Duncan, et al.
House Sponsors: Representative Hinojosa, et al.
Requires the state in a criminal case resulting in a conviction to preserve evidence that:
• was in the state’s possession during the prosecution of the case; and
• at the time of conviction was known to contain biological material that, if scientifically tested, would
more likely than not establish the identity of the person committing the offense or exclude a person
from the group of persons who could have committed the offense.
Sets out how long the evidence must be preserved and allows the state to destroy the evidence if certain
notice is given and no objection is made within a set period.
Allows a convicted person, even if one who plead guilty or nolo contendere, to make a motion for forensic
DNA testing of evidence containing biological material. A convicted person may request such testing only if
the evidence was secured in relation to the offense, in the state’s possession during the trial, and:
• was not tested because DNA testing was not available, was not technologically capable of
providing probative results, or through no fault of the convicted person; or
• although previously tested, newer testing techniques provide a reasonable likelihood of more
accurate and probative results.
Provides a convicted person is entitled to counsel during such proceeding.
Authorizes a court to order forensic DNA testing only if the court finds that:
• the evidence exists, is in a condition making DNA testing possible, and has been subjected to a
chain of custody sufficient to establish that it has not been altered in any material respect;
• identity was or is an issue in the case; and
• the convicted person establishes by a preponderance of the evidence that a reasonable probability
exists that the person would not have been prosecuted or convicted if exculpatory results had been
obtained through DNA testing and the testing request is not made to unreasonably delay the
execution of sentence.
Sets out the procedure for ordering testing and for appeal.
Permits testing results to be entered into the state’s DNA database.
Harassment by E-mail Banned - S.B. 139
by Senators Carona and Barrientos
House Sponsors: Representative Deshotel, et al.
Makes it a Class A or B misdemeanor for a person to send repeated e-mails in a manner reasonably likely
to harass, annoy, alarm, abuse, torment, embarrass, or offend another person.
Senate Research Center 41