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ID H0497
Bill
Status
Passed
3/29/2012
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
- Allows convicted persons to petition for fingerprint or DNA testing on evidence not tested at trial due to unavailable technology, with identity being an issue in the original conviction
- Requires petitioner to demonstrate prima facie case that evidence has maintained chain of custody and testing could produce new, non-cumulative evidence of innocence
- Trial court must allow testing under reasonable conditions upon determining the testing method would likely produce admissible results and could show petitioner's innocence
- Petitioner bears cost of DNA testing unless qualifying for public expense, in which case Idaho State Police performs and funds testing if method is validated, within lab accreditation scope, and staff are qualified
- Idaho State Police is not required to outsource testing or pay for testing performed by outside laboratories when the requested testing method is not available in-house
- Petitioner may choose an ISO/IEC 17025 or American Society of Crime Laboratory Directors accredited laboratory to perform testing at petitioner's own expense
- Act takes effect immediately upon passage and approval as an emergency measure
Legislative Description
Amends existing law relating to DNA testing to provide conditions relating to certain DNA testing and to provide that the Idaho State Police shall not be required to outsource or pay for testing under certain circumstances.
DNA TESTING
Last Action
Governor signed Session Law Chapter 180 Effective: 03/29/12
3/29/2012
Committee Referrals
Judiciary, Rules and Administration2/9/2012
Full Bill Text
No bill text available