The bill amends the existing law regarding post-conviction DNA testing by changing the date that determines when a due diligence showing is required. Specifically, it updates the cutoff date from January 1, 2000, to July 1, 2008. This means that individuals whose trials or guilty pleas occurred after July 1, 2008, will need to demonstrate due diligence in requesting DNA testing unless their failure to do so is attributed to ineffective assistance of counsel. Conversely, those convicted before this new date will not be required to show due diligence.
Additionally, the bill establishes that the effective date for these changes will be July 1, 2025. This legislative adjustment aims to clarify the conditions under which post-conviction DNA testing can be requested, potentially impacting the rights of individuals seeking to challenge their convictions based on new DNA evidence.
Statutes affected: Introduced: 7-12-303