HLS 14RS-1681 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1038
BY REPRESENTATIVE DIXON
CRIMINAL/PROCEDURE: Extends the period in which to file an application for DNA
testing
AN ACT1
To amend and reenact Code of Criminal Procedure Article 926.1(A)(1) and (H)(3), relative2
to post-conviction DNA testing; to extend the time period in which to file an3
application for post-conviction DNA testing; to extend the time period for4
preservation of biological material which can be subject to DNA testing once an5
application for DNA testing has been served; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 926.1(A)(1) and (H)(3) are hereby8
amended and reenacted to read as follows: 9
Art. 926.1. Application for DNA testing10
A.(1) Prior to August 31, 2014 2019, a person convicted of a felony may file11
an application under the provisions of this Article for post-conviction relief12
requesting DNA testing of an unknown sample secured in relation to the offense for13
which he was convicted. On or after August 31, 2014 2019, a petitioner may request14
DNA testing under the rules for filing an application for post-conviction relief as15
provided in Article 930.4 or 930.8 of this Code.16
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H.18
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HB NO. 1038
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) After service of the application on the district attorney and the law1
enforcement agency in possession of the evidence, the clerks of court of each parish2
and all law enforcement agencies, including but not limited to district attorneys,3
sheriffs, the office of state police, local police agencies, and crime laboratories shall4
preserve until August 31, 2014 2019, all items of evidence in their possession which5
are known to contain biological material that can be subjected to DNA testing, in all6
cases that, as of August 15, 2001, have been concluded by a verdict of guilty or a7
plea of guilty.8
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dixon HB No. 1038
Abstract: Extends the time period for filing an application for post-conviction relief DNA
testing and for preservation of evidence.
Present law provides for the rules for post-conviction relief and generally requires all
applications to be filed within two years after the judgment of conviction and sentence have
become final. Present law creates an exception to the time period for filing an application
for post-conviction relief by allowing inmates until Aug. 31, 2014, to seek post-conviction
DNA testing.
Proposed law extends the time period for such applications to be filed to Aug. 31, 2019.
Present law additionally requires that once an application for DNA testing is served on the
district attorney or the law enforcement agency in possession of the evidence to be tested,
the clerks of court of each parish and all law enforcement agencies, including but not limited
to district attorneys, sheriffs, the office of state police, local police agencies, and crime
laboratories are to preserve until Aug. 31, 2014, all items of evidence in their possession
which are known to contain biological material that can be subjected to DNA testing, in all
cases that, as of Aug. 15, 2001, have been concluded by a verdict of guilty or a plea of
guilty.
Proposed law retains present law and extends the time period for such preservation until
Aug. 31, 2019.
(Amends C.Cr.P. Art. 926.1(A)(1) and (H)(3))