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ID H0620

Bill

Status

Introduced

2/29/2012

Primary Sponsor

Education Committee

Click for details

Origin

House of Representatives

2012 Regular Session

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