AK HB174

Allows incarcerated persons to apply to superior court for DNA testing of biological evidence after conviction, with application served on the attorney general.

Requires applicants to demonstrate by clear and convincing evidence that DNA testing could establish reasonable doubt of guilt, and that biological evidence is available for testing and was not reasonably available at time of conviction.

DNA test samples collected from applicants are paid by the applicant, or by the Public Defender Agency or office of public advocacy if applicant is indigent; other evidence is tested at state expense by Department of Public Safety-operated or approved laboratories.

Allows applicants to file motions for post-conviction review based on DNA test results notwithstanding any time bars on post-conviction relief applications.

Court must appoint counsel for indigent applicants and must provide attorney general at least 60 days to respond before ordering DNA testing, except upon written stipulation.