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Texas Code of Criminal Procedure

§ 64.03 — REQUIREMENTS; TESTING

CR § 64.03Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 64. MOTION FOR FORENSIC DNA TESTING

Statute text

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(a)A convicting court may order forensic DNA testing under this chapter only if:
(1)the court finds that:
(A)the evidence:
(i)still exists and is in a condition making DNA testing possible; and
(ii)has been subjected to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material respect;
(B)there is a reasonable likelihood that the evidence contains biological material suitable for DNA testing; and

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1006 (H.B. 681), Sec. 4, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 70 (S.B. 487), Sec. 2, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 11, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 903 (H.B. 3872), Sec. 3, eff. June 15, 2017.

Source: Texas Code of Criminal Procedure § 64.03 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.