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HI HB1717

Bill

Status

Introduced

1/17/2014

Primary Sponsor

Henry Aquino

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Requires law enforcement agencies, prosecutors, laboratories, and courts to retain biological evidence for convictions of murder, manslaughter, kidnapping, sexual assault (first and second degree), assault in the first degree, and criminal conspiracy or attempts of these offenses.

  • Evidence must be retained until the later of either: exhaustion of all appeals or completion of the defendant's sentence including probation or parole.

  • Allows agencies to dispose of retained evidence by filing a court notification served on the defendant and their attorney, with a 90-day objection period for the defendant.

  • Requires a court hearing and preponderance of the evidence standard if a defendant objects to disposal, with the court determining whether the evidence could establish identity or exclude the defendant as the perpetrator.

  • Takes effect July 1, 2050.

Legislative Description

Retention of Biological Evidence

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Cachola, Carroll excused (2).

2/11/2014

Committee Referrals

Judiciary2/11/2014
Public Safety1/21/2014

Full Bill Text

No bill text available