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IA HSB36

SB

Status

Introduced

1/17/2025

Primary Sponsor

Judiciary

Click for details

Origin

House of Representatives

91st General Assembly

AI Summary

  • Requires agencies to preserve biological evidence from felony and aggravated misdemeanor cases for 20 years after conviction becomes final or until the defendant/codefendant is released from custody, whichever is later; for non-conviction cases, evidence must be retained until the statute of limitations expires

  • Establishes procedures for destroying biological evidence, requiring certified mail notice to victims, incarcerated individuals, defense attorneys, and prosecutors at least 180 days before destruction, with recipients able to request retention or file for DNA profiling

  • Mandates that prosecuting attorneys disclose intent to use incarcerated witness testimony at least 90 days before trial, including the witness's criminal history, cooperation agreements, benefits received, and any prior cases involving their testimony; courts must conduct pretrial hearings to determine testimony reliability

  • Creates a confidential statewide database maintained by the Division of Criminal Investigation to track all cases involving incarcerated witness testimony and any benefits provided to those witnesses

  • Requires prosecutors to make investigative files available to attorneys for defendants convicted of felonies or aggravated misdemeanors for postconviction relief purposes, and mandates that previous trial/appellate attorneys retain defendant files for seven years after representation ends or until completion of imprisonment

Legislative Description

A bill for an act relating to investigative procedure, including the preservation of biological evidence collected in relation to a criminal investigation, testimony by an incarcerated witness, and postconviction access to investigative files in a criminal case.

Last Action

Subcommittee recommends passage.

2/13/2025

Committee Referrals

Judiciary1/17/2025

Full Bill Text

No bill text available