The bill aims to reduce litigation costs and enhance access to postconviction DNA testing for individuals convicted of felonies in Washington state. It establishes a presumption that DNA testing will be conducted when requested by a convicted person, provided that the test results could support their claim of innocence. The bill amends RCW 10.73.170 to streamline the process for requesting DNA testing, requiring the court to grant such requests unless the state can demonstrate by clear and convincing evidence that the DNA evidence could not indicate a likelihood of innocence. Additionally, if the state does not oppose the motion within 30 days, the court is mandated to grant the request.

Key changes in the bill include the insertion of provisions that require the court to presume the test results most favorable to the convicted person and to allow for the appointment of counsel for indigent individuals seeking to file a motion for DNA testing. The bill also clarifies that DNA testing must be performed by the Washington state patrol crime laboratory and mandates the preservation of biological material related to criminal cases in accordance with existing laws. Overall, the legislation seeks to promote justice and public safety by ensuring that all relevant evidence is considered in criminal cases.

Statutes affected:
Original bill: 10.73.170