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GA HB1498
Bill
Status
Introduced
3/3/2022
Primary Sponsor
Scott Holcomb
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AI Summary
- When evidence sought for DNA testing or analysis cannot be produced by the state, the evidence custodian of the entity last documented to have it must provide a sworn affidavit under penalty of perjury describing efforts taken to locate the evidence
- If the court determines the failure to produce evidence resulted from a state violation of evidence preservation laws, the court must adopt a rebuttable presumption that the lost or destroyed evidence would have been exculpatory to the petitioner in new trial proceedings
- In felony cases, the clerk of court is now required to obtain and store all physical evidence introduced at trial upon completion of the evidence log, rather than allowing the judge to designate other parties for storage
- Evidence custodians must inventory evidence and create an evidence log within 30 days of judgment entry; in nonfelony cases, the judge may still designate the clerk, prosecuting attorney, or law enforcement to store evidence
- All physical evidence containing biological material must be preserved in a manner reasonably calculated to prevent contamination or degradation, maintained under continuous chain of custody, and securely retained with sufficient documentation to locate it
Legislative Description
Criminal procedure; evidence has been lost or destroyed by the state; provide remedies
Last Action
House Second Readers
3/8/2022
Committee Referrals
Judiciary - Non-Civil3/4/2022
Full Bill Text
No bill text available