On September 2, 2011, Hank’s attorneys filed in Gray County Texas, a motion to obtain the DNA analysis of the evidence that had never been tested. The application is filed under a new law, SB 122, which became applicable on 1 September. The purpose of SB122 is to ensure that procedural barriers do not prevent prisoners to test evidence that never was and could be analyzed. Hank’s attorneys also asked the court to cancel the execution date set for November 9, because it would not allow the necessary time for the testing to be carried out.