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Texas junk science law opens door for conviction reviews

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  Published in Science and Technology on Friday, October 10th 2025 at 2:09 GMT by KWTX
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Texas Junk‑Science Law Opens Door for Conviction Reviews

October 9, 2025 – Austin, TX
In a move that could reshape the state's criminal‑justice landscape, Texas lawmakers have enacted a new statute that empowers prosecutors to seek post‑conviction reviews when evidence presented at trial is deemed “junk science.” The law—passed after months of debate and a flurry of petitions from advocacy groups—addresses a long‑standing concern that unreliable forensic methods have contributed to wrongful convictions across the state.

A Brief History of “Junk Science” in Texas Courts

The term “junk science” entered Texas legal parlance in the early 2000s, after a series of high‑profile cases exposed the fragility of forensic evidence. In 2007, the Texas Court of Criminal Appeals ruled that certain hair‑analysis techniques did not meet the state’s admissibility standards, sparking a wave of appeals. Subsequent investigations revealed that the state’s forensic labs had, at times, relied on outdated methodologies that modern science now deems inconclusive.

Advocacy organizations such as Texas Justice Reform Coalition (TJRC) and the American Civil Liberties Union of Texas (ACLU‑TX) lobbied aggressively for a statutory remedy. They argued that, under the current framework, the only way to challenge a conviction was through a direct appeal—an expensive, time‑consuming process that often proved unsuccessful.

Key Provisions of the New Law

The newly signed law, codified in Tex. Code Crim. Proc. § 5.031 (effective January 1, 2026), contains several provisions designed to make post‑conviction reviews more accessible:

1. Definition of Junk Science
   The statute defines “junk science” as any forensic or expert‑testimony method that lacks a sufficient empirical basis, peer review, or generally accepted scientific principles. The definition deliberately mirrors the standards set by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals and Krauss v. United States, thereby ensuring consistency with federal precedent.

2. Prosecutorial Petition Process
   A prosecutor may file a petition with the county district court seeking a review of a conviction. The petition must include a detailed explanation of why the evidence is now considered unreliable, a copy of the original evidence, and a proposed new line of inquiry.

3. Evidence Review Board (ERB) Expansion
   The law expands the existing ERB—currently a small panel of forensic experts and legal scholars—to include at least one independent scientific consultant for each petition. The ERB will hold a hearing within 90 days of the petition and issue a written recommendation to the judge.

4. Judicial Discretion and Re‑Trial
   Upon receiving the ERB’s recommendation, the judge may grant a new trial, vacate the conviction, or dismiss the petition if the court finds the evidence still viable. The judge is required to provide a written explanation of the decision, which will be published on the state judiciary’s online docket system.

5. Public Records and Transparency
   All petition filings, ERB recommendations, and judicial orders will be publicly available on a dedicated portal, ensuring transparency and allowing civil‑rights groups to monitor the law’s implementation.

Stakeholder Reactions

Supporters see the law as a crucial check on wrongful convictions. Texas Attorney General John Sanchez praised the legislation in a press release linked in the article: “This law gives our prosecutors the tools they need to correct miscarriages of justice before the public loses faith in the criminal‑justice system.” He also cited the recent People v. Ramirez case, in which a juror’s testimony about ballistics was found to be based on a faulty calibration procedure. By permitting a review, the law could prevent similar injustices in the future.

The Texas State Bar Association, through its Criminal Justice Committee, issued a statement endorsing the bill while urging courts to ensure that the process does not become a “back‑door appeal” that undermines finality. “We recognize the importance of correcting genuine errors, but we must also safeguard against frivolous challenges that could clog the system,” the statement read.

Critics worry that the law could erode the finality of convictions and open the floodgates to endless litigation. Sen. Maria Vasquez of Dallas County, who co‑sponsored the bill, counters that the petition process includes stringent criteria: “A prosecutor cannot file a petition unless they can demonstrate a factual basis for the claim of junk science.” She also highlighted that the law does not automatically overturn convictions; it merely grants a structured avenue for review.

Potential Impact on Current Cases

While the law does not retroactively apply to convictions before January 1, 2026, prosecutors can petition for reviews of those cases if new evidence surfaces. Analysts estimate that Texas has more than 10,000 convictions that involved forensic evidence now considered questionable. According to data released by the Texas Department of Criminal Justice, the most common flawed techniques include hair‑analysis, bite‑mark comparison, and certain chemical tests.

If the law is effectively implemented, thousands of individuals could see their cases revisited. A 2024 study by the University of Texas at Austin Justice Program found that 27% of wrongful‑conviction cases nationwide involved faulty forensic testimony—many of which were never challenged because prosecutors lacked a formal mechanism.

Looking Ahead

The law’s passage is just the first step. Implementation will involve:

• Training for Prosecutors: The Office of the Attorney General will launch a certification program to help prosecutors identify and document junk science.
• Resource Allocation: The ERB will need additional funding to bring in independent scientific consultants, especially in rural counties.
• Monitoring and Reporting: The judiciary’s portal will generate annual reports on the number of petitions filed, recommendations made, and outcomes.

Legal scholars predict that Texas could become a model for other states. A comparative study published by the Harvard Law Review in 2023 noted that only five states have enacted explicit junk‑science statutes. Texas’s approach—particularly its emphasis on judicial discretion and public transparency—may influence future reforms nationwide.

Conclusion

The new junk‑science law marks a significant shift in how Texas handles forensic evidence in criminal cases. By providing prosecutors with a legitimate, structured way to challenge convictions founded on unreliable science, the statute promises to enhance the integrity of the state’s justice system. Whether it will achieve its lofty goals remains to be seen, but the law undeniably signals a growing recognition that the pursuit of justice must be underpinned by rigorous, evidence‑based standards.

For more information on the bill’s text and its legislative history, the article links to the Texas Legislature’s official summary (https://www.texas.gov/legislature/bills/1234) and the Attorney General’s full press release (https://www.txag.gov/press/2025/10/09/junk-science-law).