Bill > H1316

This bill establishes a new chapter in the General Laws of the Commonwealth concerning post-conviction access to forensic and scientific analysis for individuals convicted of a crime who assert their factual innocence. It defines key terms such as "analysis" (applying scientific techniques to evidence to identify a perpetrator), "conviction" (a guilty verdict, plea, or plea of nolo contendere), "factually innocent" (not having committed the crime), and "post conviction" (any time after a conviction is entered). The bill outlines a process for a convicted person to file a motion requesting specific forensic or scientific analysis of evidence related to their case, requiring them to demonstrate the analysis's admissibility, its potential to prove their innocence, and why it wasn't performed earlier. The prosecuting attorney must respond with an inventory of evidence and its chain of custody, and the court will hold a hearing to determine if the motion should be granted based on whether the evidence exists, its integrity, the analysis's potential to exonerate, and whether justice may not have been done. If a motion is allowed, the bill details procedures for laboratory analysis, including cost allocation, and specifies that if the analysis proves innocence, the court can order release from custody, a new trial, or other relief, while if it confirms guilt, the motion will be denied. The bill also includes provisions for victim notification, preservation of evidence, and clarifies that the right to file such a motion cannot be waived.