SB 1226

Bill Subjects

Abstract

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. Under existing law, if the court grants a motion for DNA testing and a profile of an unknown contributor is generated, the court is authorized 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, and may issue an order for the DNA profile to be uploaded. Existing law requires a court to grant a subsequent motion for testing of the same evidence if, in addition to other criteria, the requested DNA test would provide results that are reasonably more discriminating and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results. This bill would require the court to issue an order for an unknown contributor DNA profile developed to be uploaded, if specified criteria are met, and would authorize the court to issue an order to upload an unknown contributor DNA profile developed pursuant to a subsequent request for DNA testing of evidence.