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REFERENCE TITLE: forensic evidence testing; postconviction relief |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1469 |
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Introduced by Senator Petersen
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AN ACT
amending title 13, chapter 38, article 29, Arizona Revised Statutes, by adding section 13-4241; relating to postconviction relief.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, article 29, Arizona Revised Statutes, is amended by adding section 13-4241, to read:
13-4241. Postconviction relief; request for advanced forensic testing
A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request that:
1. Any evidence that is in the possession or control of the court or the state and that is related to the investigation or prosecution that resulted in the judgment of conviction be released for latent print friction ridge examination, firearm examination or other forensic testing that was not available at the time of sentencing and that has become available through advances in technology.
2. The evidence described in paragraph 1 of this subsection be uploaded to searchable local, state or national databases.
B. After notice to the prosecutor and an opportunity to respond, the court shall order forensic testing if the court finds that all of the following apply:
1. A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through forensic testing.
2. The evidence is still in existence and is in a condition that allows forensic testing to be conducted.
3. The evidence was not previously subjected to forensic testing or was not subjected to the analysis or comparison that is now requested and that may resolve an issue that was not previously resolved by any previous testing.
C. If the court orders testing, the court shall order the method and responsibility for payment, if necessary.
D. The court may appoint counsel for an indigent petitioner at any time during any proceedings under this section.
E. The court may make any orders that the court deems appropriate, including designating any of the following:
1. The procedures to be followed during the testing.
2. The preservation of some of the sample for replicating the testing.