MI HB5271

Expands eligibility for post-conviction DNA testing by removing the January 8, 2001 conviction date restriction, allowing defendants convicted before and after that date to petition for DNA testing under the same standards.

Simplifies the requirements for DNA testing petitions to require prima facie evidence that biological material is material to defendant's identity and that a sample is available for testing, eliminating the previous "clear and convincing evidence" burden.

Allows DNA testing of previously tested biological material if newer DNA technology provides more accurate results or if the court determines testing is in the interest of justice.

Modifies the standard for granting a new trial when DNA results exclude the defendant, requiring the court to determine whether the test results make a different trial outcome probable, rather than applying a three-part clear and convincing evidence test.

Requires law enforcement to preserve biological material while a defendant is incarcerated or under state jurisdiction (including probation, parole, or sex offender registration), and establishes a 2-year deadline from release to file a DNA testing petition.