HB 2491-S - DIGEST

(DIGEST AS ENACTED)

     Provides that, on or before December 31, 2002, a person in this state who has been sentenced to death or life imprisonment without possibility of release or parole and who has been denied postconviction DNA testing may submit a request to the county prosecutor in the county where the conviction was obtained for postconviction DNA testing, if DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or DNA testing technology was not sufficiently developed to test the DNA evidence in the case.  On and after January 1, 2003, a person must raise the DNA issues at trial or on  appeal.

     Provides that a person denied a request made pursuant to this act has a right to appeal his or her request within thirty days of denial of the request by the prosecutor.  The appeal shall be to the attorney general's office.  If the attorney general's office determines that it is likely that the DNA testing would demonstrate innocence on a more probable than not basis, then the attorney general's office shall request DNA testing by the Washington state patrol crime laboratory.

     Requires that by December 1, 2001, the office of public defense shall prepare a report detailing the following:  (1) The number of postconviction DNA test requests approved by the respective prosecutor;

     (2) the number of postconviction DNA test requests denied by the respective prosecutor and a summary of the basis for the denials;

     (3) the number of appeals for postconviction DNA testing approved by the attorney general's office;

     (4) the number of appeals for postconviction DNA testing denied by the attorney general's office and a summary of the basis for the denials; and

     (5) a summary of the results of the postconviction DNA tests conducted pursuant to this act.  The report shall also provide an estimate of the number of persons convicted of crimes where DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or where DNA testing technology was not sufficiently developed to test the DNA evidence in the case.