2008 Session

Budget Amendments - HB30 (Committee Approved)

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Notification of Persons Wrongfully Incarcerated (language only)

Item 408 #1s

Item 408 #1s

Public Safety
Forensic Science, Department of

Page 371, line 19, at the beginning of the line, insert "A.".
Page 371, following line 22, insert:
"B.  The Forensic Science Board shall insure that all individuals who were convicted as a result of criminal investigations, for which the Department of Forensic Science case files between the years of 1973 and 1988 were found to contain evidence that may be suitable for DNA testing, are informed of the existence of such evidence and its availability for testing.  To effectuate this requirement, the Department of Forensic Science shall provide the Board with all necessary information concerning the 1973-1988 case files in which evidence has been located, including all names and identifying information for any convicted defendants and whether DNA testing has been conducted on the evidence.  The Board shall send one of two form letters prepared by the Board; one to each person where DNA testing was conducted, and one to each person where DNA testing was not conducted, with copies of each such letter sent to the respective Chairmen of the Senate and House Committees on Courts of Justice.  The letter to be sent in cases where DNA testing was conducted shall include the procedures for obtaining the Certificate of Analysis from the Department of Forensic Science.  The Department of Corrections shall assist the Board by providing the current addresses of all such persons to whom letters shall be sent, and whether they are currently incarcerated, on probation, or on parole.  In cases where the current address of the person cannot be ascertained, the Department of Corrections shall provide the Board with all identifying information concerning the person, including their social security numbers and their last known address.  The Chairman of the Forensic Science Board shall report on the progress of this notification process at each meeting of the Forensic Science Board."

(This amendment requires the Department of Forensic Science to contact those convicted offenders whose cases may be reconsidered due to the availability of evidence in case files from 1973 through 1988 which may be suitable for DNA testing.)