Chapter 64 of the Texas Code of Criminal Procedure
Chapter 64 of the Texas Code of Criminal Procedure which prescribes when and how a convicted person may obtain DNA testing.
The Texas Legislature enacted this Chapter in 2001, and it became effective on April 5, 2001.
In Kutzner v. State, 75 S.W.3d 427, 432 (Tex. Crim. App. 2002), the Court held that the Legislature's purpose in enacting Chapter 64 was to provide a statutory mechanism to free innocent people through DNA testing. Id. at 439, n.23
Thus Chapter 64 was intended to increase a trial court's post-conviction jurisdiction and increase that judge's authority to order DNA testing.
There is no indication that the Legislature intended to decrease trial court jurisdiction or diminish its authority when it enacted Chapter 64.