Dixon (HB 1038) Act No. 266
Existing 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.
Prior law created 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.
New law retains prior law except it extends the time period for such applications to be filed
to Aug. 31, 2019.
Prior law required, 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 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.
New law retains prior law except it extends the time period for such preservation until Aug.
31, 2019.
Effective Aug. 1, 2014.
(Amends C.Cr.P. Art. 926.1(A)(1) and (H)(3))