Connecticut 2025 Regular Session

Connecticut House Bill HB06983 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 4832 1 of 3
4	4
5	5	General Assembly Raised Bill No. 6983
6	6	January Session, 2025
7	7	LCO No. 4832
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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17	17
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19	19	AN ACT CONCERNING POST -CONVICTION DNA TESTING.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Section 54-102kk of the general statutes is repealed and the 1
24	24	following is substituted in lieu thereof (Effective October 1, 2025): 2
25	25	(a) Notwithstanding any other provision of law governing 3
26	26	postconviction relief, any person who was convicted of a crime and 4
27	27	sentenced to incarceration may [, at any time during the term of such 5
28	28	incarceration,] file a petition with the sentencing court requesting the 6
29	29	DNA testing of any evidence that is in the possession or control of the 7
30	30	Division of Criminal Justice, any law enforcement agency, any 8
31	31	laboratory or the Superior Court. The petitioner shall state under 9
32	32	penalties of perjury that the requested testing is related to the 10
33	33	investigation or prosecution that resulted in the petitioner's conviction 11
34	34	and that the evidence sought to be tested contains biological evidence. 12
35	35	(b) After notice to the prosecutorial official and a hearing, the court 13
36	36	shall order DNA testing if it finds that: 14
37	37	(1) A reasonable probability exists that the petitioner would not have 15
38	38	Raised Bill No. 6983
39	39
40	40
41	41
42	42	LCO No. 4832 2 of 3
43	43
44	44	been prosecuted or convicted if exculpatory results had been obtained 16
45	45	through DNA testing; 17
46	46	(2) The evidence is still in existence and is capable of being subjected 18
47	47	to DNA testing; 19
48	48	(3) The evidence, or a specific portion of the evidence identified by 20
49	49	the petitioner, was never previously subjected to DNA testing, or the 21
50	50	testing requested by the petitioner may resolve an issue that was never 22
51	51	previously resolved by previous testing; and 23
52	52	(4) The petition before the Superior Court was filed in order to 24
53	53	demonstrate the petitioner's innocence and not to delay the 25
54	54	administration of justice. 26
55	55	(c) After notice to the prosecutorial official and a hearing, the court 27
56	56	may order DNA testing if it finds that: 28
57	57	(1) A reasonable probability exists that the requested testing will 29
58	58	produce DNA results which would have altered the verdict or reduced 30
59	59	the petitioner's sentence if the results had been available at the prior 31
60	60	proceedings leading to the judgment of conviction; 32
61	61	(2) The evidence is still in existence and is capable of being subjected 33
62	62	to DNA testing; 34
63	63	(3) The evidence, or a specific portion of the evidence identified by 35
64	64	the petitioner, was never previously subjected to DNA testing, or the 36
65	65	testing requested by the petitioner may resolve an issue that was never 37
66	66	previously resolved by previous testing; and 38
67	67	(4) The petition before the Superior Court was filed in order to 39
68	68	demonstrate the petitioner's innocence and not to delay the 40
69	69	administration of justice. 41
70	70	(d) The costs of DNA testing ordered pursuant to this section shall be 42
71	71	borne by the state or the petitioner, as the court may order in the 43
72	72	Raised Bill No. 6983
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75	75
76	76	LCO No. 4832 3 of 3
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78	78	interests of justice, except that DNA testing shall not be denied because 44
79	79	of the inability of the petitioner to pay the costs of such testing. 45
80	80	(e) In a proceeding under this section, the petitioner shall have the 46
81	81	right to be represented by counsel and, if the petitioner is indigent, the 47
82	82	court shall appoint counsel for the petitioner in accordance with section 48
83	83	51-296. 49
84	84	(f) An order of the court denying the petitioner's request for DNA 50
85	85	testing of any evidence that is in the possession or control of the Division 51
86	86	of Criminal Justice, any law enforcement agency, any laboratory or the 52
87	87	Superior Court shall be a final judgment for purposes of an appeal. 53
88	88	This act shall take effect as follows and shall amend the following
89	89	sections:
90	90
91	91	Section 1 October 1, 2025 54-102kk
92	92
93	93	Statement of Purpose:
94	94	To (1) eliminate the requirement that a petition for post-conviction DNA
95	95	testing be made at any time during the term of the petitioner's
96	96	incarceration, and (2) set forth that the denial of such petition is a final
97	97	judgment for purposes of an appeal.
98	98
99	99	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
100	100	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
101	101	underlined.]
102	102