The proposed legislation, General Assembly Raised Bill No. 6983, amends Section 54-102kk of the general statutes to enhance the process for post-conviction DNA testing. Notably, it removes the stipulation that a convicted individual must file a petition for DNA testing "at any time during the term of such incarceration," allowing for greater flexibility in the timing of such petitions. The bill establishes criteria under which a court must order DNA testing, including the existence of a reasonable probability that exculpatory results could have influenced the original conviction, the availability of the evidence for testing, and the requirement that the petition is filed to demonstrate innocence rather than to delay justice.

Additionally, the bill ensures that the costs of DNA testing can be borne by either the state or the petitioner, with a provision that testing cannot be denied due to the petitioner's inability to pay. It also grants the right to legal representation for petitioners, with provisions for appointing counsel for indigent individuals. Importantly, the bill introduces a new clause stating that a court's order denying a petition for DNA testing will be considered a final judgment for the purposes of appeal, thereby streamlining the appeals process for individuals seeking to challenge such denials. The effective date for these changes is set for October 1, 2025.

Statutes affected:
Raised Bill: 54-102kk
JUD Joint Favorable: 54-102kk
File No. 764: 54-102kk
APP Joint Favorable: 54-102kk