Bill > SB5934

This bill aims to reduce litigation costs and expand access to postconviction DNA testing by modifying existing law. The legislation recognizes that DNA testing has led to hundreds of exonerations nationwide, with many cases also identifying the actual perpetrator. The bill establishes a presumption that DNA testing will be granted when requested by a convicted person, with the court required to approve the testing unless the state can provide clear and convincing evidence that the DNA evidence would not demonstrate a likelihood of innocence. The bill changes the standard for granting DNA testing from a "more probable than not" basis to a more favorable standard for the convicted person. It also mandates that if the state does not oppose a DNA testing motion within 30 days, the court must grant the motion. Additionally, the bill ensures that biological evidence must be preserved in accordance with existing laws, provides potential counsel for indigent individuals seeking DNA testing, and requires that any DNA testing be performed by the Washington State Patrol crime laboratory. The intent is to promote public safety, government transparency, and responsible use of taxpayer funds by thoroughly examining criminal case evidence.

Justice

https://app.leg.wa.gov/billsummary?BillNumber=5934&Year=2025&Initiative=false