H-3568.1  _______________________________________________

                          HOUSE BILL 2491

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Schindler, Ballasiotes, Koster, Sullivan, Esser, Wood, Crouse, Cairnes, Rockefeller, Edmonds, Mulliken, Clements, Ruderman, McDonald and Dunn

Read first time 01/14/2000.  Referred to Committee on Criminal Justice & Corrections.

Providing a procedure to conduct DNA testing of evidence for persons sentenced to death or life imprisonment.

    AN ACT Relating to DNA testing of evidence; and adding a new section to chapter 72.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 72.09 RCW to read as follows:

    (1) Any person sentenced to death or to life imprisonment without possibility of release or parole may request the department to issue an order for DNA testing of any appropriate evidence available for testing which may be a reasonable basis for proving the person's innocence, if DNA test results were not available at the time of conviction or were not allowed in the court in which the conviction occurred.

    (2) The department may issue an order for DNA testing when DNA testing is appropriate under rules adopted by the department and was not available or allowed in the court in which the conviction occurred.

    (3) The order for DNA testing shall be served on the law enforcement agency holding the evidence by personal service or by any form of mail requiring a return receipt.

    (4) Within twenty days of the date of service of an order for DNA testing, any party required to produce evidence for DNA testing may petition in superior court to bar or postpone DNA testing.

    (5) The order for DNA testing shall contain:

    (a) An explanation of the right to proceed in superior court under subsection (4) of this section; and

    (b) Notice that if no one proceeds under subsection (4) of this section, the agency issuing the order will schedule DNA testing and will notify the producing law enforcement agency of the time and place of testing by regular mail.

    (6) The department shall adopt by rule policies for evaluating requests for DNA testing, determining whether evidence is appropriate evidence including whether the evidence may provide a reasonable basis for challenging the conviction, sharing of the results of the testing with the legal counsel for the convicted person, and when the department will assume the costs of DNA testing under this section.

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