AN ACT CONCERNING POST-CONVICTION DNA TESTING.

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General Assembly Raised Bill No. 5308
February Session, 2026 LCO No. 1872

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING POST-CONVICTION DNA TESTING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 54-102kk of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2026): 2
(a) Notwithstanding any other provision of law governing 3
[postconviction] post-conviction relief, any person who was convicted 4
of a crime and sentenced to incarceration may, at any time during the 5
term of such incarceration or after completion of such term and while 6
subject to the jurisdiction or supervision of any probation, parole or 7
correctional agency, file a petition with the sentencing court requesting 8
the DNA testing of any evidence that is in the possession or control of 9
the Division of Criminal Justice, any law enforcement agency, any 10
laboratory or the Superior Court. The petitioner shall state under 11
penalties of perjury that the requested testing is related to the 12
investigation or prosecution that resulted in the petitioner's conviction 13
and that the evidence sought to be tested contains biological evidence. 14
(b) After notice to the prosecutorial official and a hearing, the court 15
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shall order DNA testing if it finds that: 16
(1) A reasonable probability exists that the petitioner would not have 17
been prosecuted or convicted if exculpatory results had been obtained 18
through DNA testing; 19
(2) The evidence is still in existence and is capable of being subjected 20
to DNA testing; 21
(3) The evidence, or a specific portion of the evidence identified by 22
the petitioner, was never previously subjected to DNA testing, or the 23
testing requested by the petitioner may resolve an issue that was never 24
previously resolved by previous testing; and 25
(4) The petition before the Superior Court was filed in order to 26
demonstrate the petitioner's innocence and not to delay the 27
administration of justice. 28
(c) After notice to the prosecutorial official and a hearing, the court 29
may order DNA testing if it finds that: 30
(1) A reasonable probability exists that the requested testing will 31
produce DNA results which would have altered the verdict or reduced 32
the petitioner's sentence if the results had been available at the prior 33
proceedings leading to the judgment of conviction; 34
(2) The evidence is still in existence and is capable of being subjected 35
to DNA testing; 36
(3) The evidence, or a specific portion of the evidence identified by 37
the petitioner, was never previously subjected to DNA testing, or the 38
testing requested by the petitioner may resolve an issue that was never 39
previously resolved by previous testing; and 40
(4) The petition before the Superior Court was filed in order to 41
demonstrate the petitioner's innocence and not to delay the 42
administration of justice. 43
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(d) The costs of DNA testing ordered pursuant to this section shall be 44
borne by the state or the petitioner, as the court may order in the 45
interests of justice, except that DNA testing shall not be denied because 46
of the inability of the petitioner to pay the costs of such testing. 47
(e) In a proceeding under this section, the petitioner shall have the 48
right to be represented by counsel and, if the petitioner is indigent, the 49
court shall appoint counsel for the petitioner in accordance with section 50
51-296. 51
(f) An order of the court denying the petitioner's request for DNA 52
testing of any evidence that is in the possession or control of the Division 53
of Criminal Justice, any law enforcement agency, any laboratory or the 54
Superior Court shall be a final judgment for purposes of an appeal. 55
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 54-102kk

JUD Joint Favorable
APP Joint Favorable