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SUBSTITUTE
HOUSE BILL 2491
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AS
AMENDED BY THE SENATE
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 02/08/2000.
Referred to Committee on .
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; amending RCW 10.37.050; adding a new
section to chapter 10.73 RCW; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 10.73 RCW to read as follows:
(1)
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.
(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.
NEW
SECTION. Sec. 2. 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 section 1 (2) and (3) of 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.
Sec.
3. RCW
10.37.050 and 1891 c 28 s 29 are each amended to read as follows:
The
indictment or information is sufficient if it can be understood therefrom‑-
(1)
That it is entitled in a court having authority to receive (([it.])) it;
(2)
That it was found by a grand jury or prosecuting attorney of the county
in which the court was held;
(3)
That the defendant is named, or if his name cannot be discovered, that he is
described by a fictitious name or by reference to a unique genetic sequence
of deoxyribonucleic acid, with the statement that his real name is ((to
the jury)) unknown;
(4)
That the crime was committed within the jurisdiction of the court, except
where, as provided by law, the act, though done without the county in which the
court is held, is triable therein;
(5)
That the crime was committed at some time previous to the finding of the
indictment or filing of the information, and within the time limited by law for
the commencement of an action therefor;
(6)
That the act or omission charged as the crime is clearly and distinctly set
forth in ordinary and concise language, without repetition, and in such a
manner as to enable a person of common understanding to know what is intended;
(7)
The act or omission charged as the crime is stated with such a degree of
certainty as to enable the court to pronounce judgment upon a conviction
according to the right of the case.
NEW SECTION. Sec. 4.
Nothing in this act is intended to create a legal right or cause of action.
Nothing in this act is intended to deny or alter any existing legal right or
cause of action. Nothing in this act should be interpreted to deny
postconviction DNA testing requests under existing law by convicted and
incarcerated persons who were sentenced to confinement for a term less than
life or the death penalty.
