Text: S03194 Text: S03196 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 225 as follows:
1 2 #1. Page 1, by inserting after line 8 the
1 3 following:
1 4 "Sec. ___. Section 822.2, Code 2001, is amended by
1 5 adding the following new subsection:
1 6 NEW SUBSECTION. 4A. There exists fingerprint or
1 7 DNA evidence that was not tested at the time of trial
1 8 because testing was not available to the person."
1 9 #2. Page 1, by inserting after line 34 the
1 10 following:
1 11 "Sec. . NEW SECTION. 822A.1 PRESERVATION OF
1 12 EVIDENCE.
1 13 1. After the completion of a criminal case or
1 14 appeal or the time for appeal has expired, the law
1 15 enforcement agency responsible for gathering
1 16 fingerprint or DNA evidence from the crime scene shall
1 17 be responsible for the storage, chain of custody, and
1 18 preservation of such evidence for a period of five
1 19 years.
1 20 2. Evidence preserved under subsection 1 may be
1 21 disposed of prior to the expiration of five years, if,
1 22 after giving notice to the defendant in the underlying
1 23 criminal case, the county attorney or the attorney
1 24 general makes an application to the court, and the
1 25 court determines by the preponderance of the evidence
1 26 any of the following:
1 27 a. The evidence to be preserved has no significant
1 28 value for fingerprint or DNA analysis and may be
1 29 returned to the rightful owner of the property or
1 30 destroyed if no rightful owner can be found.
1 31 b. There is a sufficient amount of fingerprint or
1 32 DNA evidence already preserved if future testing is
1 33 required.
1 34 c. The evidence to be preserved is too large or is
1 35 made of an unusual material that makes it impractical
1 36 for a law enforcement agency to preserve.
1 37 d. The defendant consents to the evidence being
1 38 destroyed."
1 39 #3. By renumbering as necessary.
1 40
1 41
1 42
1 43 MICHAEL E. GRONSTAL
1 44 SF 225.301 79
1 45 jm/cf
Text: S03194 Text: S03196 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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