SB 0872 Allows certain convicted felons to obtain post-conviction DNA testing
LR Number:3729S.02I Fiscal Note:3729-02
Committee:Elections, Veterans' Affairs & Corrections
Last Action:02/23/00 - Voted Do Pass S Elections, Veterans' Affairs & Journal page:
Corrections Committee
Effective Date:August 28, 2000
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Current Bill Summary

SB 872 - Current law requires the Department of Corrections or Highway Patrol to ensure compliance with DNA testing requirements for certain violent or sexual felonies. This act requires the Department of Public Safety to preserve any evidence from the criminal trial which has been or can be subject to DNA testing.

The act also allows a defendant convicted of violent or sexual felonies requiring testing to make a post-conviction motion for DNA testing of evidence from trial. The defendant must establish a prima facie case that identity was contested in the criminal case. The court shall grant the defendant's motion upon a determination that the testing upon must has the scientific potential to produce new, noncumulative evidence materially relevant to the defendant's assertion of actual innocence. If granted, the state shall compare DNA test results regarding the trial evidence and the defendant.