Post-conviction relief petitions-DNA evidence.

Plain English Breakdown

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Official Summary Text

2008 General Session Summary for SF0065

Bill No.:
SF0065
Drafter:

JHR

LSO No.:
08LSO-0123
Effective Date:

7/1/2008

Enrolled Act No.:
<enrnum>

Chapter No.:
<chptnum>

Prime Sponsor:
Joint
Judiciary Interim Committee

Catch Title:
Post-conviction
relief petitions-DNA evidence.

Subject:
Establishes a process for filing petitions for
post-conviction relief petitions, based on DNA evidence.

Summary/Major Elements:

Under current law, petitions
for post-conviction relief must be filed within 2 years of the conviction.

This bill:

Creates a Post-Conviction DNA
Testing Act;

Authorizes post-conviction
relief petitions based on DNA to be filed under this act, notwithstanding any
law or rule of procedure that may bar a motion for a new trial as untimely;

Authorizes a person convicted
of a felony offense, prior to filing a motion for new trial, to file a motion
for post-conviction DNA testing in the district court that entered the judgment
of conviction, provided the movant asserts specific facts under oath to
establish the existence of the DNA evidence, the need for it and other
potentially exculpatory facts;

Specifies procedures for
hearing the motion and the new trial;

Specifies conditions and
standards for testing of DNA material;

Provides for the costs of DNA
testing and for the assistance of the Public Defender's Office for eligible
convicted persons;

Authorizes the court to deny
the motion, or to vacate a conviction upon stipulation of the parties, or to
order a new trial, which may, depending on the findings, result in an order of
actual innocence, exoneration and expungement of the conviction;

Prohibits a court from
ordering DNA testing if the original trial occurred, or plea was entered, after
January 1, 2000, if the person did not request DNA testing or present such
evidence for strategic or tactical reasons, or as a result of a lack of due
diligence, unless such failure was a result of ineffective assistance of
counsel;

Prohibits the waiver of the
right to file a motion for DNA testing;

Specifies that an order
granting or denying a motion for DNA testing is not appealable, but may be
subject to a writ for review;

Specifies that an order
granting or denying a motion for new trial under the act is appealable;

Authorizes consensual DNA
testing;

Amends the timelines for
preservation of biological material to 5 years, or for as long as the person is
incarcerated in connection with the case, whichever is longer, except effective
July 1, 2008, the material may be destroyed after 5 years if proper notice is
provided to the person still incarcerated, his attorney or the state public
defender if specified conditions are met;

Establishes a felony offense
for a person who willfully or maliciously destroys, conceals or tampers with biological
evidence that may be necessary under the Post-Conviction DNA Testing Act.