CSHB 316(JUD) - Post-Conviction DNA Testing and Evidence Preservation

• Establishes mandatory evidence preservation requirements for crimes under AS 11.41 (crimes against persons), including 18 months post-conviction or one year after appeal conclusion, with biological material preserved until unconditional discharge or sex offender registration requirement expires.

• Creates new post-conviction DNA testing procedures (AS 12.73) allowing convicted felons to apply for DNA testing if they meet specific criteria including asserting innocence, identifying a viable defense theory, and demonstrating reasonable probability the testing will produce exculpatory evidence.

• Requires applicants to submit affidavits attesting to non-commission of the offense, non-solicitation of accomplices, and providing documentation of prior DNA test results and efforts to obtain testing; establishes presumption of timeliness for applications filed within 3 years of conviction.

• Authorizes courts to order DNA testing at state expense through state-approved laboratories, with applicant DNA samples entered into the DNA identification registration system; provides for indigent applicant representation and fee waivers.

• Establishes a Task Force on Standards for Preservation and Retention of Evidence to recommend standards, protocols, and training programs for evidence handling by law enforcement and other agencies, with report due by December 31, 2012.