HB23-1034 Summary

• Expands eligibility for postconviction DNA testing to include incarcerated persons, those on parole or probation, sex offender registrants, and persons who completed their sentences for felony offenses in Colorado.

• Changes the standard for ordering DNA testing from "actual innocence" (clear and convincing evidence) to "reasonable probability that the petitioner would not have been convicted" based on favorable DNA results.

• Requires courts to schedule hearings within 30 days after favorable DNA test results and enter orders within 30 days that serve the interests of justice, including setting aside or vacating convictions.

• Allows DNA testing to be conducted by laboratories other than the Colorado Bureau of Investigation if the petitioner establishes good cause, and permits parties to negotiate testing methods with court designation if they cannot agree.

• Takes effect October 1, 2023, applies to petitions filed on or after that date, and requires victim notification as a critical stage of the postconviction DNA testing process.