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HI SB152

Bill

Status

Engrossed

3/10/2015

Primary Sponsor

Gil Keith-agaran

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Requires evidence custodians (police departments, prosecuting attorneys, laboratories, courts) to retain biological evidence from convictions for murder, manslaughter, kidnapping, sexual assault in the first or second degree, assault in the first degree, or attempts or conspiracies to commit these offenses.

  • Biological evidence must be retained until the later of: exhaustion of all appeals or completion of any sentence including probation or parole.

  • Allows early disposal of evidence if the court determines by preponderance of the evidence that the defendant's identity was not a contested issue in the case, or that the evidence could not reasonably be used for DNA analysis to establish or exclude identity.

  • Establishes a process for early disposal notifications to defendants with a 90-day objection period, requiring service on the defendant, parole/probation officers, and attorneys of record, with publication notice available if personal service cannot be made.

  • Defines "biological evidence" as blood, semen, hair, saliva, skin tissue, fingernail scrapings, teeth, bone, bodily fluids, or other identifiable biological material including sexual assault examination kit contents.

Legislative Description

Crime; Forensic Identification; DNA Analysis; Retention of Biological Evidence

Last Action

Referred to JUD, referral sheet 30

3/12/2015

Committee Referrals

Judiciary3/12/2015
Judiciary and Labor1/22/2015

Full Bill Text

No bill text available