HB 1519 -- Post-Conviction DNA Testing

Sponsor:  Johnson (61)

This bill requires any criminal justice agency having possession
or custody of biological evidence from a class A, B, C, or
non-class felony with a possible sentence of at least seven years
imprisonment to retain and preserve that evidence for as long as
the individual remains incarcerated unless:

(1)  The agency notifies any person who remains incarcerated in
connection with the case and any counsel of record or public
defender organization for the judicial district in which the
judgment of conviction for the person was entered of the agency's
intention to destroy the evidence;

(2)  No person submits a written objection to the destruction of
the biological evidence to the agency within 90 days of receiving
notice; and

(3)  No other provision of law requires that the biological
evidence be preserved.

The bill limits who may apply for post-conviction DNA testing to
those that were convicted of a class A, B, C, or non-class felony
with a possible prison sentence of at least seven years and are
in the custody of the Department of Corrections.  Once the DNA
testing is granted, the individual must pay the costs associated
with the testing, unless the results are favorable to the
individual, in which case, the state must pay the costs.

If an order for DNA testing was granted prior to the effective
date of the bill to a petitioner incarcerated for a crime in
which the penalty was capital punishment and the order was not
executed within six months of the date of the order, failure to
execute the order due to the fact that the DNA evidence was lost,
destroyed, or damaged will result in an automatic stay of
execution.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am