The proposed legislation, General Assembly Raised Bill No. 6983, amends Section 54-102kk of the general statutes concerning post-conviction DNA testing. The bill allows any person convicted of a crime and sentenced to incarceration to file a petition for DNA testing of evidence related to their case, removing the previous limitation that this petition could only be filed during the term of incarceration. The petitioner must assert under penalty of perjury that the evidence contains biological material and is pertinent to their conviction. The court is required to order DNA testing if it finds a reasonable probability that exculpatory results could have influenced the outcome of the trial, among other criteria.
Additionally, the bill stipulates that the costs of DNA testing may be borne by either the state or the petitioner, ensuring that inability to pay does not prevent access to testing. It also grants petitioners the right to legal representation, with provisions for appointing counsel for indigent individuals. Importantly, the bill establishes that a court's denial of a petition for DNA testing will be considered a final judgment, allowing for an appeal. The changes are set to take effect on October 1, 2025.
Statutes affected: Raised Bill: 54-102kk
JUD Joint Favorable: 54-102kk
File No. 764: 54-102kk
APP Joint Favorable: 54-102kk