H-2045.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1889

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Lovick, Cairnes, Dunshee, Lantz, Dickerson, Hurst, Kenney, Wood and Ruderman)

Read first time 02/26/2001.  Referred to Committee on .

Providing for additional DNA testing of evidence.

    AN ACT Relating to DNA testing of evidence; and amending RCW 10.73.170.

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

    Sec. 1.  RCW 10.73.170 and 2000 c 92 s 1 are each amended to read as follows:

    (1) On or before December 31, ((2002)) 2004, a person in this state who has been ((sentenced to death or life imprisonment without possibility of release or parole)) convicted of a felony and is currently serving a term of imprisonment 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)) 2005, a person must raise the DNA issues at trial or on appeal.

    (2) The prosecutor shall screen the request.  The request shall be reviewed based upon the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis.  Upon determining that testing should occur and the evidence still exists, the prosecutor shall request DNA testing by the Washington state patrol crime laboratory.  Contact with victims shall be handled through victim/witness divisions.

    (3) A person denied a request made pursuant to subsections (1) and (2) of this section 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)) trial court that entered the judgment of conviction in his or her case.  If the ((attorney general's office)) court 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)) court shall ((request)) order DNA testing by the Washington state patrol crime laboratory.

(4) The decision of the trial court granting or denying a motion for DNA testing under this section is not appealable, and is subject to review only through petition for writ of mandate or prohibition filed by the person seeking DNA testing, the prosecuting attorney, or the attorney general.  Any such petition must be filed within twenty days after the court's order granting or denying the motion for DNA testing.  In a noncapital case, the petition for writ of mandate or prohibition is filed in the court of appeals.  In a capital case, the petition is filed in the supreme court.  The court of appeals or supreme court must expedite its review of a petition for writ of mandate or prohibition filed under this section.

(5) Notwithstanding any other provision of law, any biological material that has been secured in connection with a criminal case prior to the effective date of this act may not be destroyed before January 1, 2005.

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