Tex. Code Crim. Proc. art. 11.0731 · Chapter 11. HABEAS CORPUS
PROCEDURES RELATED TO CERTAIN PREVIOUSLY TESTED EVIDENCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 903 (H.B. 3872), Sec. 1, eff. June 15, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.11.htm
- Text hash
- sha256 6191d2ea8083aeb896da51f67676940a5496cbab78c6ada8b420ef978e8dcf73
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 11.07PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTYPrinted as Article 11.07 | Article 11.07, 11.071, or 11.072
- Tex. Code Crim. Proc. art. 11.071PROCEDURE IN DEATH PENALTY CASEPrinted as Article 11.07, 11.071, or 11.072 | Article 11.071
- Tex. Code Crim. Proc. art. 11.072PROCEDURE IN COMMUNITY SUPERVISION CASE.Printed as Article 11.07, 11.071, or 11.072 | Article 11.072
- Tex. Code Crim. Proc. ch. 64MOTION FOR FORENSIC DNA TESTINGPrinted as Chapter 64
- Tex. Code Crim. Proc. art. 64.01MOTION.Printed as Article 64.01(a)
- Tex. Code Crim. Proc. art. 64.03REQUIREMENTS; TESTING.Printed as Article 64.03(a)(1)(A)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.