Amend the Post-Conviction DNA Statute
Today, many innocent and wrongfully convicted people who are serving time in Texas prisons could be exonerated through DNA testing. However, there are barriers that prevent these people from having their cases re-examined. Specifically, a court may only order post-conviction forensic DNA testing if two tests are met: (1) the results of a DNA test alone are sufficient in proving a defendant’s innocence of a crime, and (2) identity was or is the deciding issue leading to incrimination in the case. These prerequisites often work to deny a defendant the right to DNA testing if someone at trial has testified categorically that the defendant was the perpetrator.