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ID H0620
Bill
Status
Introduced
2/29/2012
Primary Sponsor
Education Committee
Click for details
AI Summary
- Allows petitioners to file petitions for fingerprint or forensic DNA testing on evidence from felony cases where identity was at issue, provided the technology was unavailable at trial or time of guilty plea
- Requires custodial entities to retain and preserve all biological evidence (sexual assault kits, semen, blood, saliva, hair, skin tissue) from felony cases where identity is an issue until 60 days after sentence completion or while case remains unresolved
- Permits custodial entities to petition courts to dispose of biological evidence if it lacks significant value for DNA or forensic analysis after notice to defendant and hearing
- Exempts governmental entities from liability for negligent acts or omissions when carrying out duties under the biological evidence preservation statute
- Failure to preserve biological evidence does not entitle applicants to relief from conviction but allows use of such failure information at subsequent hearings or trials
Legislative Description
Amends and adds to existing law relating to biological evidence to revise provisions relating to DNA testing; to require that certain biological evidence be retained and preserved, to provide requirements relating to the retention and preservation of certain biological evidence; and to provide an exception to governmental liability.
BIOLOGICAL EVIDENCE
Last Action
to Jud
3/1/2012
Committee Referrals
Judiciary, Rules and Administration3/1/2012
Full Bill Text
No bill text available