ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DPA 8-0-0-0 | 3^rd Read 30-0-0-0 House: CJR DPA 7-0-0-2

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SB 1469: forensic evidence testing; postconviction relief

Sponsor:  Senator Petersen, LD 12

Caucus & COW

Overview

Creates post-conviction relief procedures for newly available forensic testing.

History

A person who was convicted of or sentenced for a criminal offense may petition for post-conviction relief on any of the following grounds: 1) the conviction or sentence was unconstitutional; 2) the court lacked jurisdiction; 3) the sentence was not in accordance with the law; 4) the person is being held in custody after the sentence has expired; 5) newly discovered material facts that probably would have changed the verdict exist; 6) a failure to appeal within the prescribed time frame was without fault of the defendant; or 7) there has been a change in the law related to the case (A.R.S. § 13-4231).

Laws 2000, Ch. 373 created a specific post-conviction release procedure for deoxyribonucleic acid (DNA) testing. Specifically, an individual may petition for post-conviction relief, which may then result in court-ordered DNA testing. This testing may be at either the expense of the court or at the expense of the petitioner. After DNA testing, the court may seek to add the DNA sample to the Federal Combined DNA Index System Offender Database (A.R.S. § 13-4240).

Provisions

1. Allows a person convicted of and sentenced for a felony offense to petition for post-conviction relief, including:

a) Forensic testing using a technique not available at the time of sentencing that has become widely accepted in the scientific community of any evidence in the control of the court or the state related to the investigation or prosecution which resulted in the conviction; and

b) Evidence to be uploaded to searchable local, state or national databases that are subject to agency-imposed standards. (Sec. 1)

2. Directs the court to order new forensic testing, after providing notice to and an opportunity to respond by the prosecutor, if it finds all the following apply:

a) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results were obtained through the new forensic test;

b) The evidence still exists and is in a condition to allow the new forensic test to be conducted;

c) The evidence was not previously subject to the new forensic testing which is requested; and

d) The new forensic testing may resolve an issue that was not previously resolved by any other testing. (Sec. 1)

3. Requires the court to order responsibility for and method of payment of a court-ordered test. (Sec. 1)

4. Allows the court to appoint counsel for an indigent petitioner. (Sec. 1)

5. Permits the court to make any orders it deems appropriate, including:

a) Procedures to ensure a proper chain of custody and integrity of the evidence;

b) Preservation of some sample for replicating testing; and

c) Elimination samples from third parties. (Sec. 1)

6. Provides for new forensic testing to be conducted by the Department of Public Safety crime laboratory, unless either:

a) The original investigating agency has a laboratory that can perform the new forensic test; or

b) The parties mutually agree on another certified laboratory. (Sec. 1)

7. States that the new procedure does not require the state or a law enforcement agency to retain evidence beyond any existing time period set by law. (Sec. 1)

Amendment

Committee on Criminal Justice Reform

1. Replaces the requirement that a mutually agreed upon laboratory must be certified by the American Society of Crime Laboratory Directors with a requirement that is must be internationally accredited.

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5.                   SB 1469

6. Initials LC/AF        Page 0 Caucus & COW

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