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WA HB2164

Bill

Official Source

Status

Introduced

1/12/2026

Primary Sponsor

Darya Farivar

Click for details

Origin

House of Representatives

2025-2026 Regular Session

AI Summary

  • Shifts the burden of proof for postconviction DNA testing requests from the convicted person to the state, which must now show by clear and convincing evidence that DNA evidence could not demonstrate a likelihood of innocence
  • Courts must presume DNA test results most favorable to the convicted person when evaluating whether to grant testing requests
  • Requires automatic approval of DNA testing motions if the state does not oppose within 30 days
  • Grants convicted persons discovery rights consistent with trial-level laws and court rules when DNA testing motions are approved
  • Mandates preservation of biological material from criminal cases in accordance with chapter 5.70 RCW and court orders, removing prior court discretion over preservation timelines

Legislative Description

Reducing litigation costs by removing barriers to postconviction DNA testing.

Last Action

First reading, referred to Community Safety.

1/12/2026

Committee Referrals

Community Safety1/12/2026

Full Bill Text

No bill text available