Tex.
Code of Crim. Proc. Article 11.0731
Procedures Related to Certain Previously Tested Evidence
(a)
This article applies to relevant evidence consisting of biological material described by Article 64.01 (Motion)(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 (Procedure After Conviction Without Death Penalty), 11.071 (Procedure in Death Penalty Case), or 11.072, containing specific facts indicating that:(1)
the person previously filed a motion under Chapter 64 (Motion for Forensic Dna Testing) for forensic DNA testing of evidence described by Subsection (a) that was denied because of a negative finding under Article 64.03 (Requirements; Testing)(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 (Procedure After Conviction Without Death Penalty), Section 5(a)(1), Article 11.071 (Procedure in Death Penalty Case), 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.
Source:
Article 11.0731 — Procedures Related to Certain Previously Tested Evidence, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.11.htm#11.0731 (accessed Apr. 20, 2024).
