Postconviction DNA testing

AN ACT Relating to reducing litigation costs by removing barriers 1
to postconviction DNA testing; amending RCW 10.73.170; and creating a 2
new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. INTENT. (1) The legislature finds that:5
(a) Postconviction DNA testing of crime scene evidence has led to 6
the exoneration of hundreds of innocent people who were wrongly 7
convicted in the United States since 1989, including in Washington 8
state; 9
(b) In about half of these cases, the evidence that exonerated 10
the innocent person also identified and supported the conviction of 11
the actual perpetrator of that crime; 12
(c) Opposition to postconviction DNA testing causes an 13
unnecessary expenditure of time and resources from the courts, 14
defense, prosecutors, and crime lab personnel; and15
(d) Public safety, government transparency, and the public's 16
interest in responsible use of taxpayer funds are all best served 17
when criminal cases are evaluated with a full understanding of the 18
evidence, including results obtained from testing evidence collected 19
in connection with the case. 20
S-3604.1
SENATE BILL 5934
State of Washington 69th Legislature 2026 Regular Session
By Senators Orwall, Bateman, Chapman, Frame, Liias, Nobles, Riccelli,
Shewmake, Slatter, Trudeau, C. Wilson, and J. Wilson
Prefiled 12/23/25. Read first time 01/12/26. Referred to Committee
on Law & Justice.
p. 1 SB 5934
(2) The legislature therefore intends to expand access to DNA 1
testing by establishing a presumption that postconviction DNA testing 2
will be conducted when it is requested by a convicted person and the 3
test results could support that person's claim that they are innocent 4
of the crime. 5
Sec. 2. RCW 10.73.170 and 2005 c 5 s 1 are each amended to read 6
as follows: 7
(1) A person convicted of a felony in a Washington state court 8
who currently is serving a term of imprisonment may submit to the 9
court that entered the judgment of conviction a verified written 10
motion requesting DNA testing, with a copy of the motion provided to 11
the state office of public defense. 12
(2) The motion shall: 13
(a) State that: 14
(i) The court ruled that DNA testing did not meet acceptable 15
scientific standards; or 16
(ii) DNA testing technology was not sufficiently developed to 17
test the DNA evidence in the case; or 18
(iii) The DNA testing now requested would be significantly more 19
accurate than prior DNA testing or would provide significant new 20
information; 21
(b) Explain why DNA evidence is material to the identity of the 22
perpetrator of, or accomplice to, the crime, or to sentence 23
enhancement; and 24
(c) Comply with all other procedural requirements established by 25
court rule. 26
(3)(a) The court shall grant a motion requesting DNA testing 27
under this section if such motion is in the form required by 28
subsection (2) of this section, ((and)) unless the ((convicted 29
person)) state has shown ((the likelihood )) by clear and convincing 30
evidence that the DNA evidence ((would)) could not demonstrate a 31
likelihood of innocence ((on a more probable than not basis )). In 32
evaluating whether the state has met its burden by clear and 33
convincing evidence, the court shall presume the test results most 34
favorable to the convicted person in light of the evidence presented 35
at trial.36
(b) The court shall grant a motion requesting DNA testing under 37
this section if the state does not oppose the motion within 30 days.38
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(c) A court order or request for laboratory examination 1
authorizing DNA testing does not indicate any position of the court 2
or any party regarding the legal significance of the DNA test 3
results.4
(4) Upon written request to the court that entered a judgment of 5
conviction, a convicted person who demonstrates that he or she is 6
indigent under RCW 10.101.010 may request appointment of counsel 7
solely to prepare and present a motion under this section, and the 8
court, in its discretion, may grant the request. Such motion for 9
appointment of counsel shall comply with all procedural requirements 10
established by court rule. 11
(5) When a motion is granted under this section or pursuant to a 12
request for laboratory examination, the convicted person is entitled 13
to discovery consistent with the laws and court rules that apply at 14
trial.15
(6) DNA testing ordered under this section shall be performed or 16
contracted to be performed by the Washington state patrol crime 17
laboratory. Contact with victims shall be handled through victim/18
witness divisions. 19
(((6) Notwithstanding any other provision of law, upon motion of 20
defense counsel or the court's own motion, a sentencing court in a 21
felony case may order the preservation of any biological )) (7) 22
Biological material that has been secured in connection with a 23
criminal case, or evidence samples taken from that biological 24
material sufficient for testing, must be preserved in accordance with 25
chapter 5.70 RCW, a sentencing court's order, and in accordance with 26
any court rule adopted for the preservation of evidence. ((The court 27
must specify the samples to be maintained and the length of time the 28
samples must be preserved.))29
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