Bill > HB2164

This bill aims to expand access to postconviction DNA testing by establishing a presumption that such testing will be conducted when requested by a convicted person, potentially leading to exonerations. The bill finds that DNA testing has already exonerated hundreds of wrongly convicted individuals nationwide, with about half of these cases also identifying the actual perpetrator. The legislation modifies existing law to make DNA testing easier to obtain by changing the standard for granting testing motions. Now, the court must grant a motion for DNA testing unless the state can show by "clear and convincing evidence" that the DNA evidence could not demonstrate a likelihood of innocence. The bill requires the court to presume the test results most favorable to the convicted person and mandates that the court grant the motion if the state does not oppose it within 30 days. Additionally, the bill provides that indigent individuals can request court-appointed counsel to prepare such motions, ensures that biological evidence must be preserved according to specific regulations, and clarifies that a court order for DNA testing does not indicate any prejudgment about the significance of potential test results. The overall intent is to reduce litigation costs, promote public safety, and ensure a comprehensive understanding of criminal case evidence.