|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:|
|Effective Date:||August 28, 2000|
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.