Loading chat...
MI SB1014
Bill
AI Summary
-
Removes the January 8, 2001 trial date limitation, allowing all felony defendants convicted at trial to petition for DNA testing of biological material from their case investigation.
-
Changes petition requirements from proving inconclusive prior testing and future technology availability to establishing that biological material either was never tested or, if tested, can be retested using more accurate methods or when court determines it serves justice.
-
Simplifies court order standard for DNA testing to requiring only prima facie evidence that the biological material is material to defendant's identity as perpetrator and that a sample is available for testing.
-
Modifies post-conviction relief hearing standard when DNA testing excludes defendant, shifting from requiring clear and convincing evidence on three specific factors to determining whether test results with any other new evidence would make a different trial outcome probable.
-
Expands biological material preservation requirements from incarceration period to include time spent on probation, parole, or sex offender registration; adds definition of "biological material" to include any evidence with reasonable probability of containing human DNA.
Legislative Description
Criminal procedure: DNA; post-conviction DNA testing; modify. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
Criminal procedure: DNA
Last Action
Referred To Committee Of The Whole
11/26/2024