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Bill would make post-conviction DNA testing easier to obtain; supporters say it speeds justice, prosecutors warn of resource strain
Summary
SB 5,934 would require courts to grant post-conviction DNA testing unless the state shows by clear and convincing evidence that results could not demonstrate a likelihood of innocence. Innocence advocates said the change replaces speculation with science; prosecutors warned it flips burdens and could overwhelm labs and prosecutors.
A bill before the Senate Law and Justice Committee would lower the legal barrier for post-conviction DNA testing by directing courts to grant testing unless the state proves by clear and convincing evidence that testing could not demonstrate a likelihood of innocence.
Tim Ford, committee staff, told lawmakers the substitute would require courts to grant motions for DNA testing "if the motion's in proper form unless the state shows by clear and convincing evidence that the DNA evidence could not demonstrate a likelihood of innocence." The proposal also…
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