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ID H0498

Bill

Status

Passed

3/29/2010

Primary Sponsor

Unknown

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Corrects code references in Section 19-2719 (special appellate and post-conviction procedures for capital cases) by changing the reference from sections 19-4901(a)(6) and 19-4902(b) through (fg) to the proper subsection designations.

  • Corrects code reference in Section 19-4901 (remedy availability conditions) to properly reference Section 19-4902(b) through (fg) instead of an incorrect citation.

  • Allows petitioners to select an ISO/IEC 17025 or American Society of Crime Laboratory Directors/Laboratory Accreditation Board accredited DNA testing laboratory to perform DNA testing requested under post-conviction procedures.

  • Makes DNA testing costs the petitioner's responsibility, except when the petitioner qualifies for public expense funding under Title 19, Chapter 8 of Idaho Code, in which case the Idaho State Police Forensic Services performs and pays for the testing.

  • Removes the July 1, 2002 deadline from the DNA testing petition filing requirement, allowing petitions to be filed at any time subject to the one-year filing deadline from conviction or appeal determination.

Legislative Description

Amends existing law relating to the Uniform Post-Conviction Procedure Act to revise provisions relating to a petition for the performance of certain fingerprint or DNA testing and to provide that petitioner may choose certain DNA testing laboratories to perform DNA testing and that such testing shall be at petitioner's expense.

POST-CONVICTION PROCEDURE ACT

Last Action

Governor signed Session Law Chapter 135 Effective: 07/01/10

3/29/2010

Committee Referrals

Judiciary, Rules and Administration2/11/2010

Full Bill Text

No bill text available