Texas § CR.11.0731 - PROCEDURES RELATED TO CERTAIN PREVIOUSLY TESTED EVIDENCE

§ CR.11.0731. PROCEDURES RELATED TO CERTAIN PREVIOUSLY TESTED EVIDENCE

PROCEDURES RELATED TO CERTAIN PREVIOUSLY TESTED EVIDENCE. (a) This article applies to relevant evidence consisting of biological material described by Article 64.01 (a) that was: (1) presented by the state at the convicted person's trial; and (2) subjected to testing: (A) at a laboratory that ceased conducting DNA testing after an audit by the Texas Forensic Science Commission revealed the laboratory engaged in faulty testing practices; and (B) during the period identified in the audit as involving faulty testing practices. (b) A court may grant a convicted person relief on an application for a writ of habeas corpus if the convicted person files an application, in the manner provided by Article 11.07 , 11.071 , or 11.072 , containing specific facts indicating that: (1) the person previously filed a motion under Chapter 64 for forensic DNA testing of evidence described by Subsection (a) that was denied because of a negative finding under Article 64.03 (a)(1)(A) or (B); and (2) had the evidence not been presented at the person's trial, on the preponderance of the evidence the person would not have been convicted. (c) For purposes of Section 4(a)(1), Article 11.07 , Section 5(a)(1), Article 11.071 , and Section 9(a), Article 11.072 , a claim or issue could not have been presented previously in an original application or in a previously considered application if the claim or issue is based on evidence that has been determined by the Texas Forensic Science Commission to have been subjected to faulty DNA testing practices. Added by Acts 2017, 85th Leg., R.S., Ch. 903 (H.B. 3872 ), Sec. 1, eff. June 15, 2017.