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MI SB0151

Bill

Status

Passed

12/18/2015

Primary Sponsor

Steven Bieda

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Allows defendants convicted of felonies before January 8, 2001 to petition for DNA testing of biological material from their investigation without restrictions on filing deadlines.

  • Permits defendants convicted on or after January 8, 2001 to petition for DNA testing if prior testing was inconclusive and current DNA technology is likely to produce conclusive results.

  • Requires courts to order DNA testing if defendant proves the evidence is material to identity and establishes by clear and convincing evidence that biological material is available and suitable for testing with current technology.

  • Mandates state funding for DNA testing costs if the applicant is indigent, and requires law enforcement to preserve biological material for the duration of any person's incarceration in the case.

  • Establishes procedures for new trial hearings if DNA testing excludes the defendant as the source of biological material, with notice requirements to crime victims and appeal rights for either party.

Legislative Description

Criminal procedure; DNA; filing deadline for petition seeking review of DNA evidence; remove sunset. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).

Law: sunset

Last Action

Assigned Pa 0229'15 With Immediate Effect

12/18/2015

Committee Referrals

Criminal Justice10/14/2015
Judiciary2/19/2015

Full Bill Text

No bill text available