This bill amends the Michigan Code of Criminal Procedure to allow defendants convicted of felonies to petition for DNA testing of biological material related to their case, regardless of when the conviction occurred. The new language specifies that a defendant can request DNA testing if the biological material was not previously tested or if it was tested using outdated methods, and if the court finds that granting the petition serves the interest of justice. The bill also outlines the requirements for filing a petition, including the need to demonstrate that the biological material is relevant to the defendant's identity as the perpetrator of the crime.

Additionally, the bill mandates that if a petition is granted, the DNA testing must be conducted by a court-approved laboratory, and the costs will be covered by the state if the defendant is indigent. The results of the testing must be shared with the court, the defendant, and the prosecuting attorney. If the results are inconclusive or confirm the defendant's identity, the court will deny the motion for a new trial. However, if the results indicate that the defendant is not the source of the biological material, the court will appoint counsel to determine if the new evidence warrants a retrial. The bill also includes provisions for notifying victims of the felony conviction about the petition and requires law enforcement to preserve biological material for the duration of the defendant's incarceration or litigation.

Statutes affected:
House Introduced Bill: 770.16