S-4392.2  _______________________________________________

                    SUBSTITUTE SENATE BILL 6498

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators McCaslin, Franklin and Costa)

Read first time 02/03/2000.

Providing a procedure to conduct DNA testing of evidence for convicted offenders.

    AN ACT Relating to post conviction appeals based upon DNA evidence; adding a new section to chapter 10.73 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  It has been found that a number of convicted and incarcerated people have been proven innocent by DNA evidence unavailable at the time of conviction.  It is the intent of the legislature to maximize the use of advances in DNA technology for the purposes of exonerating convicted offenders and prosecuting offenders.  Use of DNA technology requires a deliberated balance between the pursuit of truth and finality in the criminal justice system.  The national institute of justice has published a report from the national commission on the future of DNA evidence.  The report entitled "Postconviction DNA:  Recommendations for Handling Requests, September 1999 NCJ 177626," makes recommendations to prosecutors, defense counsel, law enforcement personnel, the court, victims' advocates, and laboratory personnel.  The legislature finds it in the best interests of the public health, safety, and welfare to implement the recommendations of the report state-wide.

NEW SECTION. Sec. 2.  A new section is added to chapter 10.73 RCW to read as follows:

    (1) On or before December 31, 2002, a person convicted in this state 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 should be categorized based upon the likelihood that the DNA evidence would demonstrate innocence, reasonable doubt of guilt, be helpful relevant evidence, or is a frivolous request.  The prosecutor must consider the state of evidence or technology to produce inconclusive or conclusive results and the presence of DNA evidence in the case.  Upon determining the category of the case and that the case is not frivolous, the prosecutor shall proceed to court with appropriate motions to initiate DNA testing in cases where DNA testing more probably than not would result in newly discovered evidence material for the defendant.  Notice shall be served on any party the court may require to produce evidence for DNA testing.  Contact with the victims shall be handled through victim/witness divisions, according to the recommendations in the report.

    (3) A convicted offender has a right to appeal his or her request within thirty days of service of the request upon the prosecutor in the event the prosecutor does not file a motion to initiate DNA testing.  The appeal shall be to superior court.

    (4) Any person who the court determines to be indigent shall be appointed counsel.  The costs of DNA testing shall be paid for any indigent person who obtains an order for DNA testing under this chapter.

                            --- END ---