Texas Code of Criminal Procedure

§ 64.02 — NOTICE TO STATE; RESPONSE

CR § 64.02Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 64. MOTION FOR FORENSIC DNA TESTING

Statute text

(a)On receipt of the motion, the convicting court shall:

(1)provide the attorney representing the state with a copy of the motion; and

(2)require the attorney representing the state to take one of the following actions in response to the motion not later than the 60th day after the date the motion is served on the attorney representing the state:

(A)deliver the evidence to the court, along with a description of the condition of the evidence; or

(B)explain in writing to the court why the state cannot deliver the evidence to the court.

(b)The convicting court may proceed under Article 64.03 after the response period described by Subsection (a)(2) has expired, regardless of whether the attorney representing the state submitted a response under that subsection. Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001. Amended by:

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1006 (H.B. 681), Sec. 3, eff. September 1, 2007.