2008 Session

Budget Amendments - HB30 (Conference Report)

View Budget Item
View Budget Item amendments

Notification of DNA Evidence (language only)

Item 408 #1c

Item 408 #1c

Public Safety
Forensic Science, Department of

Page 371, at the beginning of line 19, insert "A."
Page 371, after line 22, insert:
"B.  The Forensic Science Board shall ensure that all individuals who were convicted due to criminal investigations, for which its case files for the years between 1973 and 1988 were found to contain evidence possibly suitable for DNA testing, are informed that such evidence exists and is available for testing.  To effectuate this requirement, the Board shall prepare two form letters, one sent to each person whose evidence was tested, and one sent to each person whose evidence was not tested.  Copies of each such letter shall be sent to the Chairman of the Forensic Science Board and to the respective Chairmen of the House and Senate Committees for Courts of Justice.  The Department of Corrections shall assist the Board in effectuating this requirement by providing the addresses for all such persons to whom letters shall be sent, whether 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 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 Forensic Science Board to notify all persons convicted of crimes in the Commonwealth for which former employees of the Department of Forensic Science or its predecessor agencies kept biological evidence in order to permit those persons to have that evidence tested and determine if it might exonerate them of the crime or crimes for which they were convicted.)