Highlights of the 82nd Texas Legislature: A Summary of Enrolled Legislation, Volume 1 Page: 52
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CRIMINAL JUSTICE/GENERAL
that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably
places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault.
Provides that the Act be known as the Kristy Appleby Act.
Postconviction Forensic DNA Analysis-S.B. 122
by Senator Ellis-House Sponsor: Representative Gallego et al.
Under existing law, post-conviction DNA testing can be granted only if the evidence containing biological material
was not previously subjected to DNA testing because DNA testing was not available, testing was available but not
technologically capable of providing probative results, or was not tested through no fault of the convicted person, and
should be tested in the interests of justice. This bill:
Defines "biological material" as an item that is in possession of the state and that contains blood, semen, hair, saliva,
skin tissue or cells, fingernail scrapings, bone, bodily fluids, or other identifiable biological evidence that may be
suitable for forensic DNA testing and includes the contents of a sexual assault evidence collection kit.
Requires the convicting court, if an analyzed sample meets the applicable requirements of state and federal
submission policies, to order any unidentified DNA profile to be compared with the DNA profiles in the DNA database
established by the FBI and the DNA database maintained by DPS.
Requires the convicting court, after examining the results of testing and any comparison of a DNA profile, to hold a
hearing and make a finding as to whether, had the results been available during the trial of the offense, it is
reasonably probably that the person would not have been convicted.
Eligibility for a Pardon-S.B. 144
by Senator West-House Sponsor: Representative Thompson et al.
Employers routinely use criminal background checks as a part of the employment screening process and many
persons are denied employment and state licensure on the basis of a criminal conviction. Currently, persons who
have successfully completed deferred adjudication have been placed into the same category even though technically
they do not have a criminal conviction.
Neither Texas statute nor constitutional law empowers the Texas governor to pardon a deferred adjudication
sentence. Records of a conviction are capable of being expunged should a person receive a pardon, but a person
who has completed deferred adjudication is not eligible for a pardon. This bill:
Authorizes the governor, in all criminal cases, except treason and impeachment, after conviction or successful
completion of a term of deferred adjudication community supervision, on the recommendation of the Texas Board of
Pardons and Paroles (TBPP), to grant reprieves and commutations of punishments and pardons and remit fines and
forfeitures.
Authorizes TBPP to recommend that the governor grant a pardon to a person who is placed on deferred adjudication
community supervision and subsequently receives a discharge and dismissal and, on or after the 10 Oth anniversary of
the date of discharge and dismissal, submits a written request to TBPP for a recommendation.52 HIGHLIGHTS 82'~ TEXAS LEGISLATURE
52
HIGHLIGHTS - 82ND TEXAs LEGISLATURE
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Texas. Legislature. Senate. Research Center. Highlights of the 82nd Texas Legislature: A Summary of Enrolled Legislation, Volume 1, report, October 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth578381/m1/75/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.