Forensic Testing: Post Conviction Fairness and credibility are critical to America’s criminal justice system. Tennessee and California took steps in 2000 to ensure both by enacting laws concerning Deoxyribonucleic Acid (DNA) testing for certain convicts. Tennessee Chapter 731 of 2000 directs that a defendant convicted of the offense of first degree murder and sentenced to death may make a motion before the trial court that entered the judgment of conviction in such defendant’s case for the performance of fingerprint or forensic DNA analysis, on evidence that was secured in relation to the trial which resulted in such defendant’s conviction, but which was not subject to the testing which is now requested because the technology for the testing was not available at the time of the trial or the results of DNA analysis were not admissible in evidence at the time of the trial. Reasonable notice of the motion must be served upon the state. The defendant must present a prima-facie case that: • Identity was the issue in the trial which resulted in the defendant’s conviction; and • The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material aspect. This SSL draft is based on California law. It grants to a defendant who was convicted of a felony and currently serving a term of imprisonment, the right to make a written motion under specified conditions for the performance of forensic DNA testing. The draft requires that the motion include an explanation of why the applicant’s identity was or should have been a significant issue in the case, how the requested DNA testing would raise a reasonable probability that the verdict or sentence would have been more favorable if the DNA testing had been available at the trial resulting in the judgment of conviction, and a reasonable attempt to identify the evidence to be tested and the type of DNA testing sought. The motion also must include the results of any previous DNA tests and the court is required to order the party in possession of those results to provide access to the reports, data and notes prepared in connection with the DNA tests to all parties. The Act directs that the cost of DNA testing will be borne by either the state or by the applicant if, in the interests of justice, the applicant is not indigent and possesses the ability to pay. It requires, except as otherwise specified, the appropriate governmental entity to preserve any biological material secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with that case. Submitted as: California SB 1342 (enrolled version) Status: enacted as Chapter 821, Statutes of 2000.
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Section 1. [Short Title.] This Act may be cited as an “Act to Address Post Conviction Forensic Testing.” Section 2. [Motion to Perform Deoxyribonucleic Acid (DNA) Testing.] (a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion before the trial court that entered the judgment of conviction in their case, for performance of forensic deoxyribonucleic acid (DNA) testing. (1) The motion shall be verified by the convicted person under penalty of perjury and shall do all of the following: The Council of State Governments
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