The bill aims to reduce litigation costs and enhance access to postconviction DNA testing in Washington state. It establishes a presumption that DNA testing will be conducted when requested by a convicted individual, provided that the test results could support their claim of innocence. The bill amends RCW 10.73.170, detailing the process for submitting a motion for DNA testing, which must include specific justifications related to the scientific standards of previous testing or advancements in DNA technology. The court is required to grant the motion unless the state can demonstrate by clear and convincing evidence that the DNA evidence could not indicate a likelihood of innocence.
Additionally, the bill introduces provisions for the appointment of counsel for indigent individuals seeking to file a motion for DNA testing and ensures that DNA testing is performed by the Washington state patrol crime laboratory. It mandates the preservation of biological material related to criminal cases in accordance with existing laws and court rules. The bill emphasizes the importance of transparency and public safety by allowing for a thorough evaluation of evidence in criminal cases, thereby supporting the responsible use of taxpayer funds.
Statutes affected: Original bill: 10.73.170