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ACT No. 266
Regular Session, 2014
HOUSE BILL NO. 1038
BY REPRESENTATIVE DIXON
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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(3) After service of the application on the district attorney and the law20
enforcement agency in possession of the evidence, the clerks of court of each parish21
and all law enforcement agencies, including but not limited to district attorneys,22
sheriffs, the office of state police, local police agencies, and crime laboratories shall23
preserve until August 31, 2014 2019, all items of evidence in their possession which24 ENROLLEDHB NO. 1038
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are known to contain biological material that can be subjected to DNA testing, in all1
cases that, as of August 15, 2001, have been concluded by a verdict of guilty or a2
plea of guilty.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: