This bill amends the Michigan Code of Criminal Procedure to update the provisions regarding DNA testing for defendants convicted of felonies. It allows defendants to petition the circuit court for DNA testing of biological material related to their conviction, regardless of whether the conviction occurred before or after January 8, 2001. The bill specifies that a petition must establish certain conditions regarding the biological material, including whether it has been previously tested and the likelihood of obtaining more accurate results with current technology. The court is required to grant the petition if the defendant presents prima facie evidence that the biological material is relevant to their identity as the perpetrator of the crime.

Additionally, the bill outlines the procedures for filing a petition, including requirements for serving the prosecuting attorney and notifying victims of the felony conviction. It mandates that the identified biological material must be preserved for the duration of the defendant's incarceration or while litigating a claim under this section. The bill also clarifies the responsibilities of the court in determining the availability of biological material and the conditions under which a new trial may be granted based on DNA testing results. Overall, the amendments aim to enhance the fairness of the criminal justice process by allowing for the possibility of exoneration through advanced DNA testing.

Statutes affected:
Senate Introduced Bill: 770.16