Felony defendants could ask courts for DNA testing and new trials

A convicted person may ask the circuit court to test biological evidence and seek a new trial. The bill describes requests by people convicted of felonies at trial, with different eligibility language for convictions before and on or after January 8, 2001. The court must order testing under the conditions described in the bill, including proof that the evidence matters to identity and that a sample is available. If the person is found indigent, the state pays for testing.

The court must hold a hearing when DNA results show the convicted person was not the source of the tested material. This applies to a person whose DNA test results show they were not the source of the biological material. The court must appoint a lawyer and decide whether the evidence meets the bill's standards for a new trial. The prosecutor may ask for another test, which pauses the new-trial request while testing is pending. The court must wait for the results of any prosecutor-requested retest before deciding the new-trial request.

A defendant must file a petition while housed in a state correctional facility, and an ongoing petition may continue after release. The rule applies to a defendant's petition under this section. The petition must be filed while the defendant is housed in a state correctional facility; release does not stop an ongoing petition.