SB1937 - Relating to the testing of evidence containing biological materials in capital cases.

      S.B. No. 1937         AN ACT   relating to the testing of evidence containing biological materials   in capital cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 38.43(i), (j), and (k), Code of   Criminal Procedure, are amended to read as follows:          (i)  Before a defendant is tried for a capital offense in   which the state is seeking the death penalty, subject to Subsection   (j), the state shall require either the Department of Public Safety   through one of its laboratories or a laboratory accredited under   Article 38.01 to perform nuclear DNA testing, in accordance with   the laboratory's capabilities at the time the testing is performed,   on any biological evidence that was collected as part of an   investigation of the offense and is in the possession of the state.     The laboratory that performs the nuclear DNA testing shall pay for   all nuclear DNA testing performed in accordance with this   subsection.          (j)  As soon as practicable after the defendant is charged   with a capital offense, or on a motion by the state or the defendant   in a capital case, unless the state has affirmatively waived the   death penalty in writing, the court shall order the state , a subject   matter expert from the laboratory required to perform the testing   under Subsection (i), and the defendant to meet and confer about   which biological materials collected as part of an investigation of   the offense qualify as biological evidence that is required to be   tested under that subsection [ Subsection (i) ].  If the state , the   subject matter expert, and the defendant agree on which biological   materials constitute biological evidence, the biological evidence   shall be tested in accordance with Subsection (i).  If the state ,   the subject matter expert, and the defendant do not agree on which   biological materials qualify as biological evidence, the state or   the defendant may request the court to hold a hearing to determine   the issue.  On receipt of a request for a hearing under this   subsection, the court shall set a date for the hearing and provide   written notice of the hearing date to the state , the laboratory   required to perform the testing, and the defendant.  At the hearing,   there is a rebuttable presumption that the biological material that   the defendant requests to be tested constitutes biological evidence   that is required to be tested under Subsection (i).  This subsection   does not in any way prohibit the state from testing biological   evidence in the state's possession.          (k)  If an item of biological evidence is destroyed or lost   as a result of nuclear DNA testing performed under Subsection (i),   the laboratory that tested the evidence must provide to the   defendant any bench notes prepared by the laboratory that are   related to the testing of the evidence and the results of that   testing.          SECTION 2.  Article 38.43, Code of Criminal Procedure, as   amended by this Act, applies to a capital case for which the   indictment was filed on or after the effective date of this Act.  A   capital case for which the indictment was filed before the   effective date of this Act is governed by the law in effect on the   date the indictment was filed, and the former law is continued in   effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1937 passed the Senate on   April 16, 2025, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1937 passed the House on   May 23, 2025, by the following vote:  Yeas 139, Nays 0, one   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor