Bill > H1317

This bill establishes a new legal process in Massachusetts that allows individuals convicted of crimes to request post-conviction access to forensic and scientific analysis of evidence, particularly DNA, if they assert they are factually innocent of the crime for which they were convicted. The bill defines key terms such as "analysis" (applying scientific techniques to evidence), "conviction" (a guilty verdict, plea, or nolo contendere), and "factually innocent" (meaning the person did not commit the crime). It outlines the requirements for filing a motion, including specifying the requested analysis, demonstrating its potential relevance to proving innocence, and explaining why the analysis wasn't performed earlier. The bill also details the procedures for serving the motion on the prosecuting attorney, their required response including an inventory of evidence, and the possibility of appointing counsel for the moving party. If a hearing is held and the court finds by a preponderance of the evidence that the evidence exists, has been properly handled, hasn't been analyzed, the analysis could prove innocence, the motion isn't for obstruction, the analysis is admissible, and justice may not have been done, the motion will be allowed. The bill also addresses laboratory selection, cost allocation, the impact on other legal proceedings, disclosure of results, and the consequences of the analysis, including potential release from custody or a new trial if innocence is demonstrated. Importantly, it mandates the preservation of evidence and biological material by governmental entities and clarifies liability for officials acting in good faith, while also outlining procedures for notifying victims and allowing appeals for denied motions.