The proposed legislation, General Assembly Raised Bill No. 5308, aims to amend the current laws regarding post-conviction DNA testing. It replaces the term "postconviction" with "post-conviction" and expands the eligibility for filing a petition for DNA testing to include individuals who have completed their incarceration and are under the jurisdiction or supervision of probation, parole, or correctional agencies. The bill outlines the conditions under which a court must order DNA testing, including the necessity for the evidence to still exist, the potential for exculpatory results, and the requirement that the petition demonstrates the petitioner's innocence rather than seeks to delay justice.

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 cannot be a barrier 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. This legislation is set to take effect on October 1, 2026.

Statutes affected:
Raised Bill: 54-102kk
JUD Joint Favorable: 54-102kk
File No. 531: 54-102kk
APP Joint Favorable: 54-102kk