The proposed legislation, General Assembly Raised Bill No. 6983, aims to amend the current law regarding post-conviction DNA testing. The bill repeals Section 54-102kk and introduces new provisions that allow individuals convicted of a crime and sentenced to incarceration to file a petition for DNA testing of evidence held by various authorities, including the Division of Criminal Justice and law enforcement agencies. Notably, the bill removes the stipulation that petitions can only be filed during the term of incarceration, thereby allowing individuals to seek testing at any time. The petitioner must assert under penalty of perjury that the evidence is relevant to their conviction and contains biological material.

The bill outlines specific criteria under which the court must order DNA testing, including the existence of a reasonable probability that exculpatory results would have affected the 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, it establishes that the costs of testing may be borne by either the state or the petitioner, ensuring that inability to pay cannot be a barrier to testing. The legislation also grants petitioners the right to legal representation, with provisions for appointing counsel for indigent individuals. Finally, it states that a court's denial of a petition for DNA testing will be considered a final judgment for appeal purposes. The new provisions 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