SB 1469 - Forensic Evidence Testing; Postconviction Relief

• Allows convicted felons to request advanced forensic testing or database uploads of evidence related to their conviction at any time after sentencing.

• Court must order testing if it finds a reasonable probability the petitioner would not have been convicted with exculpatory results, the evidence still exists in testable condition, and the testing was not previously performed.

• Court may appoint counsel for indigent petitioners and shall order the testing method and payment responsibility; testing must be performed by the Department of Public Safety crime laboratory unless the investigating agency or parties mutually agree on another accredited laboratory.

• Court has authority to order procedures ensuring chain of custody, preservation of samples for replication, and elimination samples from third parties.

• State and law enforcement agencies are not required to retain evidence beyond any time period established by law.