Ted Lieu
- Democratic
Author
(1) Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. Existing law allows the court to order a hearing on the motion in the court's discretion. This bill would instead allow the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. This bill would, upon request of the convicted person or the convicted person's counsel, allow a court to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of DNA lab reports, copies of evidence logs, and other specified documents. (2) Existing law requires notice of a motion for DNA testing to be served on the Attorney General, the district attorney in the county of conviction, and, if known, the governmental agency or laboratory holding the evidence sought to be retested. Existing law requires the response, if any, to be filed within 60 days of the date on which the Attorney General and the district attorney are served with the motion, unless a continuance is granted for good cause. This bill would extend the time for filing a response to 90 days. The bill would also allow either party to request an additional 60 days to brief certain specified issues. (3) Existing law requires a court to grant the motion for DNA testing if it determines, among other things, that the convicted person has made a prima facie showing that the evidence sought to be tested is material to the issue of the convicted persons' identity as the perpetrator of, or accomplice to, the crime that resulted in the conviction and that the requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person's verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction. This bill would state that the convicted person is only required to demonstrate that the DNA testing would be relevant to, rather than dispositive of, the issue of identity and is not required to show that a favorable test result would conclusively establish his or her innocence before the court may grant a motion for DNA testing. The bill would prohibit a court, in determining whether the convicted person is entitled to develop potentially exculpatory evidence, from deciding whether, assuming a DNA test result favorable to the convicted person, he or she is entitled to some form of ultimate relief. If the court grants a motion for DNA testing and a profile of an unknown contributor is generated, the bill would allow the court to conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the Federal DNA Index System, if certain conditions are met, as specified. The bill would revise the requirements that a laboratory is required to meet in order to conduct testing pursuant to a motion for DNA retesting, as specified. (4) Existing law requires the appropriate governmental entity to retain all biological material that is secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with the case. Existing law allows the governmental entity to dispose of biological material before the expiration of this time period if the governmental entity notifies the inmate and his or her counsel, and the notifying entity does not receive, within 90 days of sending the notification, a motion for DNA testing, a request that the material not be destroyed because a motion for DNA testing will be filed within 180 days, or a declaration of innocence that has been filed with the court within 180 days of the judgment of conviction. This bill would allow the governmental entity to dispose of biological material before the expiration of the time that the person remains incarcerated in connection with the case if the governmental entity notifies the inmate and his or her counsel, and the notifying entity does not receive, within 180 days of sending the notification, a motion for DNA testing, a request that the material not be destroyed because a motion for DNA testing will be filed within one year, or a declaration of innocence that has been filed with the court within one year of the judgment of conviction. By increasing the duties of local governmental entities in regard to the retention of biological material, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Chaptered by Secretary of State. Chapter 554, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 32. Noes 3. Page 4967.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 77. Noes 1. Page 6554.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 14).
Set, first hearing. Referred to APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 24). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read third time. Passed. (Ayes 23. Noes 11. Page 3687.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3706.) (May 23).
Set for hearing May 23.
Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing May 12.
Hearing postponed by committee.
Set for hearing May 5.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3217.) (April 22). Re-referred to Com. on APPR.
Set for hearing April 22.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 14.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB980 | HTML |
| 02/11/14 - Introduced | |
| 03/17/14 - Amended Senate | |
| 05/07/14 - Amended Senate | |
| 05/27/14 - Amended Senate | |
| 06/19/14 - Amended Assembly | |
| 08/04/14 - Amended Assembly | |
| 08/19/14 - Amended Assembly | |
| 09/03/14 - Enrolled | |
| 09/25/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.