Post-conviction DNA testing-procedure amendments.

Plain English Breakdown

The official source material does not provide specific details on how courts handle requests for DNA testing made after July 1, 2008.

Changes to Post-Conviction DNA Testing

This law changes when people convicted of crimes need to prove they tried their best before asking for post-conviction DNA testing.

What This Bill Does

• Amends the date from January 1, 2000 to July 1, 2008 for when a person needs to show due diligence before getting post-conviction DNA testing.

Who It Names or Affects

• People convicted of crimes on or before July 1, 2008 who want post-conviction DNA testing.
• Courts that handle requests for DNA testing in criminal cases.

Terms To Know

Due Diligence

Showing that someone tried their best to do something before asking the court for help.

Post-Conviction DNA Testing

Testing of DNA evidence after a person has been found guilty in court.

Limits and Unknowns

• The law only applies to cases where the conviction happened before July 1, 2008.
• It does not change how courts handle requests for DNA testing made after this date.

Official Summary Text

Bill Summary - 25LSO-0613

Bill No.:

SF0101

Effective:

7/1/2025

LSO No.:

25LSO-0613

Enrolled Act No.:

SEA No. 0088

Chapter No.:

171

Prime Sponsor:

Landen

Catch Title:

Post-conviction DNA testing-procedure amendments.

Has Report:

No

Subject:

Amending dates associated with procedures for seeking relief under the Post-Conviction DNA Testing Act.

Summary/Major Elements:

The Post-Conviction DNA Testing Act provides a process by which persons convicted of criminal offenses may seek postconviction DNA testing to assert factual innocence, argue against a sentence enhancement, or argue against an aggravating factor alleged in a capital-murder case. Under that Act, the court cannot order DNA testing in cases in which the trial or a guilty plea occurred after January 1, 2000 and DNA testing wasn't requested for reasons of strategy or because of a lack of due diligence. A person who is convicted before January 1, 2000 isn't required to make a showing of due diligence.

This act amends the dates associated with the due diligence showing to provide that persons convicted on or before July 1, 2008 (the date on which the Post-Conviction DNA Testing Act took effect) do not have to make a showing of due diligence in order to seek DNA testing.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

25LSO-0613

ORIGINAL Senate

ENGROSSED
File No
.
SF0101

ENROLLED ACT NO. 88,

SENATE

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session

AN ACT relating to criminal procedure; amending the date of conviction for purposes of when a due diligence showing is required before post-conviction DNA testing; and providing for an effective date.

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

Section 1
.

W.S. 7
‑
12
‑
303(d) is amended to read:

7
‑
12
‑
303.

New trial; motion for post
‑
conviction testing of DNA; motion contents; sufficiency of allegations, consent to DNA sample; definitions.

(d)

The court may not order DNA testing in cases in which the trial or a plea of guilty or nolo contendere occurred after
January 1, 2000
July 1, 2008
and the person did not request DNA testing or present DNA evidence for strategic or tactical reasons or as a result of a lack of due diligence, unless the failure to exercise due diligence is found to be a result of ineffective assistance of counsel.

A person convicted
on or
before
January 1, 2000
July 1, 2008
shall not be required to make a showing of due diligence under this subsection.

Section 2
.

This act is effective July 1, 2025
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1