Bill > SB1035

This bill modifies existing law regarding postconviction DNA testing for individuals convicted of felonies in Michigan. It expands the circumstances under which a convicted person can petition the court for DNA testing of biological evidence, allowing for testing even if it was previously tested, provided a more accurate method is available, or if the court deems it in the interest of justice. The bill also clarifies that a petition must be filed while the defendant is incarcerated, though ongoing petitions can continue after release, and defines "biological material" as any evidence likely to contain DNA from human body products. If DNA testing excludes the defendant as the source of the biological material and raises questions about their identity as the perpetrator, the court will appoint legal counsel and hold a hearing to determine if the results, along with other new evidence, make a different outcome probable on retrial. The bill also mandates the preservation of biological material for as long as a defendant is incarcerated or litigating a claim under this section, and requires notification to victims about petitions and hearings.