The proposed legislation, General Assembly Raised Bill No. 6983, aims to amend the current law regarding post-conviction DNA testing. Notably, it removes the stipulation that a petition for DNA testing must be filed at any time during the term of incarceration, allowing for greater flexibility in when individuals can seek such testing. The bill establishes that any person convicted of a crime can file a petition with the sentencing court to request DNA testing of evidence held by various authorities, provided they assert under penalty of perjury that the evidence is relevant to their conviction and contains biological material.

Additionally, the bill clarifies the conditions under which a court may order DNA testing, emphasizing the necessity of demonstrating a reasonable probability that the testing could impact the conviction outcome. It also stipulates that the costs of testing may be borne by either the state or the petitioner, ensuring that financial inability does not prevent access to testing. Importantly, the bill designates a court's denial of a DNA testing request as a final judgment, allowing for appeals. This legislation is set to take effect on October 1, 2025.

Statutes affected:
Raised Bill: 54-102kk