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Senate advances bill to set post-conviction DNA testing procedures
Summary
SB 172 establishes a statutory process for post-conviction DNA testing—filing, prosecutor response, victim notice, evidentiary protections, possible hearings, and judge authority to exonerate—backed by advocacy groups and with a fiscal note for testing costs.
Senator Hilliard presented Senate Bill 172 on Feb. 15, 2001, proposing a statutory process for post-conviction DNA testing for inmates who claim innocence and whose original convictions predate modern testing methods.
Under the bill, an inmate may file a motion in the convicting court demonstrating the case category and the existence of preserved material suitable for DNA testing. The prosecutor will receive notice and an opportunity to respond; victims may be notified and participate. The statute requires demonstration that evidence has been preserved and protected from deterioration. If DNA results exclude the convicted person, the court will hold a hearing and the judge may, after hearing, exonerate the person. The bill includes safeguards to prevent relief where a defendant has taken inconsistent positions (for example, a prior guilty plea admitting commission) and allows cost obligations if testing is requested frivolously.
Senator Hilliard said the measure reflects input from prosecutors, defense counsel, and the Rocky Mountain Innocence Project and will bring Utah into line with other states' procedures; members noted the bill carries a fiscal note to cover testing costs when required and emphasized the need for prioritized funding for implementation. The Senate moved SB 172 to the third-reading calendar after recorded votes.
Key quote: "If it comes back to show that you are not the person with that DNA, then it's scheduled for a hearing in front of the judge," Senator Hilliard said, describing the post-testing process.
