CERTIFICATION
OF ENROLLMENT
SUBSTITUTE
SENATE BILL 5896
Chapter
301, Laws of 2001
57th
Legislature
2001
Regular Session
DNA EVIDENCE
EFFECTIVE
DATE: 7/22/01
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Passed by the Senate March 13, 2001
YEAS 48 NAYS 0
 BRAD OWEN
President of the Senate
Passed by the House April 19, 2001
YEAS 94 NAYS 0
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CERTIFICATE
I, Tony M. Cook, Secretary of the Senate of the State of Washington,
do hereby certify that the attached is SUBSTITUTE SENATE BILL 5896 as
passed by the Senate and the House of Representatives on the dates hereon set
forth.
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FRANK CHOPP
Speaker of the
House of Representatives
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 TONY M. COOK
Secretary
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CLYDE BALLARD
Speaker of the
House of Representatives
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Approved May 14, 2001 Place Style On Codes
above, and Style Off Codes below.
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FILED
May 14, 2001 - 3:27 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SUBSTITUTE
SENATE BILL 5896
_______________________________________________
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
READ
FIRST TIME 03/08/01.
Providing for additional DNA testing of evidence.
AN
ACT Relating to DNA testing of evidence; amending RCW 10.73.170; and adding a
new section to chapter 10.73 RCW.
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. 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.
(4)
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.
NEW
SECTION. Sec. 2. A
new section is added to chapter 10.73 RCW to read as follows:
Nothing
in this act may be construed to create a new or additional cause of action in
any court. Nothing in this act shall be construed to limit any rights
offenders might otherwise have to court access under any other statutory or
constitutional provision.
Passed the Senate March 13, 2001.
Passed the House April 19, 2001.
Approved by the Governor May
14, 2001.
Filed
in Office of Secretary of State May 14, 2001.