HB 584 -- Post-Conviction DNA Testing

Sponsor:  Johnson

This bill requires any criminal justice agency having possession
or custody of biological evidence from a class A, B, C, or
nonclass 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 nonclass felony
with a possible prison sentence of at least seven years and who
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.  If the results are favorable to the
individual, 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, an automatic
stay of execution will result if the failure to execute the order
was due to the fact that the DNA evidence was lost, destroyed, or
damaged.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am