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2001 SESSION

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HB 2802 Criminal procedure; retention of evidence.

Introduced by: Ward L. Armstrong | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Criminal procedure; retention of evidence. Requires that any human biological evidence used in a felony trial, wherein the defendant is convicted, testing (e.g., fingerprinting, chemical analysis, blood or DNA analysis) be retained for 15 years upon motion of the defendant. In the case of a person sentenced to death, such evidence shall be kept until the judgment is executed.

SUMMARY AS PASSED HOUSE:

Criminal procedure; retention of evidence. Requires that any human biological evidence used in a felony trial, wherein the defendant is convicted, testing (e.g., fingerprinting, chemical analysis, blood or DNA analysis) be retained for 15 years upon motion of the defendant. In the case of a person sentenced to death, such evidence shall be kept until the judgment is executed.

SUMMARY AS INTRODUCED:

Criminal procedure; retention of evidence. Requires that evidence used in a felony trial, wherein the defendant is convicted, including evidence subjected to forensic, and scientific or laboratory testing (e.g., fingerprinting, chemical analysis, blood or DNA analysis) be retained by the clerk until the person’s sentence has been completed or the conviction has been set aside on appeal or by pardon or otherwise. The bill also requires law-enforcement agencies to retain all records relating to the investigation (e.g., officer’s notes, documents, tapes, computer or electronic records) for the same time period.