Evidence preservation.

23LSO-0467
2023
STATE OF WYOMING
23LSO-0467
ENGROSSED
3.0

HOUSE BILL NO. HB0172

Evidence preservation.

Sponsored by: Representative(s) Eklund

A BILL

for

AN ACT relating to criminal procedure; requiring preservation of sexual assault biological evidence as specified; conforming provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 6
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2
‑
309(n), 7
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2
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105(p)(intro) and (r) and 7
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19
‑
402(c) are amended to read:

6
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2
‑
309.

Medical examination of victim; costs; use of report; minors; rights of victims; reimbursement.

(n)

No evidence
, record, report or other examination results or analysis
collected
or created
under subsection (a) of this section shall be destroyed
until all applicable statutes of limitation have expired or a court orders the destruction
unless pursuant to a court order or a minimum of ten (10) years have elapsed and thereafter upon the death of the victim whose evidence was collected or fifty (50) years from the collection date, whichever first occurs
.

7
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2
‑
105.

Disposition and appraisal of property seized or held; notice and order to show cause; judgment.

(p)

For purposes of this section, seized property that is not subject to W.S. 35
‑
7
‑
1049 may be summarily destroyed,
except as specified in subsection (r) of this section,
provided the lawful owner has been contacted and has declined to take possession of the property, including:

(r)

Law enforcement agencies shall preserve biological material
:

(i)

T
hat was seized or recovered as evidence in the investigation or prosecution that resulted in a conviction or adjudication as a delinquent for a crime of violence and not consumed in previous DNA testing. The biological material shall be preserved
for five (5) years or, except as provided in this section,
for as long as any person incarcerated in connection with the case or investigation remains in custody,
whichever is longer. Notwithstanding any provisions to the contrary in this section, effective July 1, 2008
except as specified in this paragraph and except as specified in paragraph (ii) of this subsection.

A
law enforcement agency may dispose of the biological material after five (5) years if the law enforcement agency notifies any person who remains incarcerated in connection with the investigation or prosecution and any counsel of record for
such
that
person, or if there is no counsel of record, the state public defender, of the intention to dispose of the evidence and the law enforcement agency affords the person not less than one hundred eighty (180) days after the notification to file a motion for DNA testing or preservation of the biological material
;
. The law enforcement agency shall not be required to preserve

(ii)

That is sexual assault biological material according to W.S. 6
‑
2
‑
309(n). As used in this paragraph, "sexual assault biological material" includes material seized, recovered or held under this section, evidence, records and reports gathered or created during an examination conducted under W.S. 6
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2
‑
309 and DNA samples collected under W.S. 7
‑
19
‑
402;

(iii)

Except
evidence that is required to be, and has been, returned to its rightful owner, or is of such a size, bulk or physical character as to render retention impracticable
;
. If practicable, the law enforcement agency

(iv)

And
shall remove and preserve representative portions of the biological material sufficient to permit future DNA testing before returning or disposing of the material.

7
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19
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402.

DNA database created; uses of information restricted.

(c)

The state DNA database, including test procedures, laboratory equipment, supplies and computer software shall be compatible with that utilized by the FBI.

Local criminal justice agencies that establish or operate a DNA identification record system shall ensure that such system is compatible with the state DNA database and that the local system is equipped to receive and answer inquiries from the state DNA database and transmit DNA records to the state DNA database. Procedures and rules for the collection, analysis, storage, expungement and use of DNA identification data shall be uniform throughout the state DNA database.
Sexual assault biological evidence shall be preserved according to W.S. 6
‑
2
‑
309(n).

Section 2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.

(END)

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HB0172