HB05308 • 2026

AN ACT CONCERNING POST-CONVICTION DNA TESTING.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Judiciary Committee
Last action: 2026-04-20
Official status: Tabled for the Calendar, House
Effective date: Not listed

Plain English Breakdown

The official source confirms the effective date is October 1, 2026, but does not provide details on how long evidence must be retained before it can no longer be tested beyond stating it must 'still exist'.

Changes to Rules for DNA Testing After Conviction

This law allows people convicted of crimes and sentenced to prison or under supervision to ask for new DNA testing at any time, removes previous time limits on these requests, and makes it possible to appeal a court's decision if they deny the request.

What This Bill Does

Allows people who were convicted of crimes and sentenced to incarceration to file a petition for DNA testing at any time while in prison or under probation, parole, or correctional supervision.
Requires the petitioner to state under penalty of perjury that the evidence contains biological material and relates to their case.
Sets rules requiring courts to order testing if there is a reasonable probability it would prove innocence, versus allowing courts to choose to order testing if results might alter a verdict or reduce a sentence.
States that courts cannot deny DNA testing requests just because the person asking cannot afford the cost, though costs are assigned by the judge based on justice interests.
Guarantees petitioners have the right to a lawyer and provides one at state expense if they do not have enough money for legal help.
Makes any court decision denying a request for DNA testing a final judgment that can be appealed.

Who It Names or Affects

People convicted of crimes who were sentenced to incarceration or are under probation, parole, or correctional supervision.
Superior Courts and judges handling petitions for post-conviction relief.
Prosecutorial officials who receive notice when a petition is filed.
State agencies including the Division of Criminal Justice, law enforcement agencies, laboratories, and courts holding evidence.

Terms To Know

Post-conviction DNA testing: A request made after a person has been found guilty to test biological evidence using modern science.
Petitioner: The person who files the legal paper asking for new DNA testing of their case.
Indigent: A person who does not have enough money to pay for a lawyer or court costs.

Limits and Unknowns

The law only applies if the evidence still exists and can be tested.
Courts will deny requests if they believe the petition is filed just to delay justice rather than prove innocence.
This act takes effect on October 1, 2026.

Bill History

2026-04-20 LCO
Filed with Legislative Commissioners' Office
2026-04-20 LCO
Reported Out of Legislative Commissioners' Office
2026-04-20 Connecticut General Assembly
No New File by Committee on Appropriations
2026-04-20 Connecticut General Assembly
Tabled for the Calendar, House
2026-04-17 APP
Joint Favorable
2026-04-14 Connecticut General Assembly
Referred by House to Committee on Appropriations
2026-04-09 LCO
Reported Out of Legislative Commissioners' Office
2026-04-09 Connecticut General Assembly
Favorable Report, Tabled for the Calendar, House
2026-04-09 Connecticut General Assembly
House Calendar Number 350
2026-04-09 LCO
File Number 531
2026-04-02 LCO
Referred to Office of Legislative Research and Office of Fiscal Analysis 04/08/26 5:00 PM
2026-03-24 LCO
Filed with Legislative Commissioners' Office
2026-03-23 JUD
Joint Favorable
2026-03-13 Connecticut General Assembly
Public Hearing 03/18
2026-02-24 Connecticut General Assembly
Referred to Joint Committee on Judiciary

Official Summary Text

To (1) expand the time period permissible for the filing of a petition for post-conviction DNA testing, and (2) set forth that the denial of such petition is a final judgment for purposes of an appeal.

Current Bill Text

Read the full stored bill text

LCO 1872 1 of 3

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
Raised Bill No. 5308

LCO 1872 2 of 3

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
Raised Bill No. 5308

LCO 1872 3 of 3

(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