Provides relative to the testing and preservation of DNA evidence in capital cases. (8/1/14)
Impact
By requiring comprehensive DNA testing before a capital trial, SB 565 aims to ensure that all relevant biological evidence is analyzed, potentially impacting the outcomes of cases where capital punishment is an option. This process could enhance the integrity of the judicial process by ensuring that factual evidence plays a pivotal role in determining guilt or innocence before proceeding with such a severe penalty as the death penalty. The law facilitates a dialogue between the prosecution and defense to agree on what materials should be tested, thereby fostering a collaborative approach during these critical pre-trial stages.
Summary
Senate Bill 565 mandates that prior to trial for capital offenses where the death penalty is a consideration, the prosecution is required to have DNA testing done on any biological evidence collected during the investigation. This testing must be conducted by either the Department of Public Safety and Corrections or a laboratory that holds accreditation from the American Society of Crime Laboratory Directors. Additionally, the law stipulates that the laboratory performing the DNA analysis is responsible for covering all associated costs, making a significant change in the responsibilities during capital trials.
Sentiment
The sentiment surrounding SB 565 appears to be cautiously optimistic among proponents who advocate for justice and thorough investigations in capital offenses. Supporters believe that such measures will lead to fairer trials and may prevent wrongful convictions for the death penalty. However, there may be dissent among those who view the bill as potentially adding to the administrative burden of the prosecution and the court system, particularly regarding the allocation of resources towards pre-trial DNA testing.
Contention
While the bill primarily aims to enhance the reliability of evidence in capital cases, some contention may arise regarding the specifics of the biological evidence to be tested, reflecting the natural tension between defense rights and prosecutorial duties. Furthermore, the bill's provision establishing a rebuttable presumption for items the defendant wants tested could lead to disputes in court settings, particularly if disagreements occur over what constitutes 'biological evidence'. Overall, this legislation represents a step towards more evidence-based legal proceedings in capital cases.
Relating to the criminal statute of limitations for certain sex offenses and the collection, analysis, and preservation of evidence of sexual assault and other sex offenses.
Provides relative to the assessment of certain court costs and fees in parishes that participate in a criminalistics laboratory commission or a sheriff's criminalistics laboratory (EN INCREASE LF RV See Note)