|SB 0029||Allows certain convicted felons to obtain post-conviction DNA testing|
|LR Number:||0616S.01I||Fiscal Note:||0616-01|
|Last Action:||02/13/01 - Hearing Conducted S Judiciary Committee||Journal page:|
|Effective Date:||August 28, 2001|
SB 29 - Current law requires the Department of Corrections or Highway Patrol to ensure compliance with DNA testing requirements for individuals convicted of 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 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.
This act is similar to SB 872 (2000) and HS/HCS/HBs 835, et