SB266 Summary

• Expands eligibility for post-conviction DNA testing beyond capital murder convictions to include 20 additional offense categories, including various degrees of murder, assault, rape, sodomy, sexual abuse, burglary, and robbery.

• Changes the legal standard for granting DNA testing from requiring proof of factual innocence to requiring a showing of reasonable probability that the petitioner would not have been convicted or would have received a lesser sentence.

• Permits DNA testing of both previously untested evidence and previously tested evidence when additional testing could yield more probative results, as opposed to limiting testing to untested evidence only.

• Establishes detailed procedural requirements for DNA testing motions, including specific sworn statement contents, chain of custody documentation, and court procedures for reviewing and ruling on requests.

• Removes statute of limitations restrictions on DNA testing motions and allows such motions even from petitioners who previously pled guilty or confessed, provided statutory requirements are satisfied.