Summary of the Introduced Bill

HB 977 -- Forensic DNA Testing and Evidence

Sponsor:  Ladd Baker

This bill allows a motion for a new trial to be filed at any
time, as long as the sole grounds for the new trial is DNA
evidence of innocence.  Current law allows motions for new
trials only for 4 days after the verdict or for 30 days
thereafter, if a motion to extend is granted.

The bill also allows convicted defendants in felony cases to
make post-verdict motions for DNA testing on evidence which was
not tested for DNA, but which was secured in conjunction with
the trial.  A defendant seeking testing must prove that the
defendant's identity was the trial issue that led to conviction
and that the evidence has been preserved in a proper procedural
manner.  The testing will be allowed if it has the potential to
produce new evidence of innocence and if it is done in a
scientifically accepted manner.


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Last Updated September 13, 2001 at 2:04 pm