HB 898

Abstract

Department of Forensic Science; laboratory procedures; requirements regarding DNA profiles. Provides that when an accused person or his attorney files a motion for a scientific investigation, he must certify that the Department of Forensic Science or Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The bill also clarifies that the signature of a person who received material to be analyzed by a laboratory on an evidence submission receipt shall be deemed prima facie evidence that such person was an authorized agent and that such receipt constitutes proper receipt by the laboratory. The bill also provides that such signature on a request for laboratory examination form or evidence submission receipt may be made by hand or electronic means. The bill also removes the requirement that a party intending to offer the results of a deoxyribonucleic (DNA) analysis provide or make available copies of the DNA profiles but retains the requirement that such party provide or make available copies of the report or statement to be introduced. Additionally, the bill requires the Department to confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. The bill contains technical amendments.

Department of Forensic Science; laboratory procedures; requirements regarding DNA profiles. Provides that when an accused person or his attorney files a motion for a scientific investigation, he must certify that the Department of Forensic Science or Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The bill also clarifies that the signature of a person who received material to be analyzed by a laboratory on an evidence submission receipt shall be deemed prima facie evidence that such person was an authorized agent and that such receipt constitutes proper receipt by the laboratory. The bill also provides that such signature on a request for laboratory examination form or evidence submission receipt may be made by hand or electronic means. The bill also removes the requirement that a party intending to offer the results of a deoxyribonucleic (DNA) analysis provide or make available copies of the DNA profiles but retains the requirement that such party provide or make available copies of the report or statement to be introduced. Additionally, the bill requires the Department to confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. The bill provides that the provisions of the bill shall not apply to DNA profiles received by the court and maintained by the clerk in a court file open to the public prior to July 1, 2024. The bill contains technical amendments.

Department of Forensic Science; laboratory procedures;requirements regarding DNA profiles. Provides that when an accusedperson or his attorney files a motion for a scientific investigation,he must certify that the Department of Forensic Science or Divisionof Consolidated Laboratory Services has indicated it has a methodologyto perform the requested scientific investigation. The bill alsoclarifies that the signature of a person who received material tobe analyzed by a laboratory on an evidence submission receipt shallbe deemed prima facie evidence that such person was an authorizedagent and that such receipt constitutes proper receipt by the laboratory.The bill also provides that such signature on a request for laboratoryexamination form or evidence submission receipt may be made by handor electronic means. The bill alsoremoves the requirement that a party intending to offer the resultsof a deoxyribonucleic (DNA) analysis provide or make available copiesof the DNA profiles but retains the requirement that such party provideor make available copies of the report or statement to be introduced.Additionally, the bill requires the Department to confirm whetheror not there is a DNA profile on file for a specific individual ifa federal, state, or local criminal justice agency that participatesin the National DNA Index System requests that information in furtheranceof an official investigation of any criminal offense. The bill containstechnical amendments.