View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0242aa..............................by JUDICIARY, RULES AND ADMINISTRATION DNA TESTING - Amends existing law relating to post-conviction appeals to provide a petition for special procedures for fingerprint and DNA testing; to provide additional conditions for filing a petition for fingerprint and DNA testing; to provide that a trial court shall order appropriate relief if testing demonstrates a person did not commit an offense; and to provide for payment of testing. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 03/14 Rpt out - to Gen Ord Rpt out amen - to engros 03/15 Rpt engros - 1st rdg - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/19 3rd rdg as amen - PASSED - 67-0-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Crow, Harwood, Wheeler Floor Sponsors -- Bieter & Moss Title apvd - to Senate 03/20 Senate intro - 1st rdg - to Jud 03/26 Rpt out - rec d/p - to 2nd rdg as amen 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Davis Title apvd - to House 03/28 To enrol - rpt enrol - Sp signed Pres signed 03/29 To Governor 04/04 Governor signed Session Law Chapter 317 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 242 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CERTAIN POST-CONVICTION APPEALS; AMENDING SECTION 19-2719, IDAHO 3 CODE, GOVERNING SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPI- 4 TAL CASES TO PROVIDE A PETITION FOR DNA TESTING AND PROCEDURE GOVERNING 5 SUCH A PETITION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 6 19-4901, IDAHO CODE, TO PROVIDE ADDITIONAL CONDITIONS FOR FILING A PETI- 7 TION FOR POST-CONVICTION REMEDY AND TO MAKE TECHNICAL CORRECTIONS; AND 8 AMENDING SECTION 19-4902, IDAHO CODE, TO PROVIDE FOR A PETITION FOR DNA 9 TESTING AND PROCEDURE GOVERNING SUCH A PETITION AND TO MAKE A TECHNICAL 10 CORRECTION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 19-2719, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 19-2719. SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL 15 CASES -- AUTOMATIC STAY. The following special procedures shall be interpreted 16 to accomplish the purpose of eliminating unnecessary delay in carrying out a 17 valid death sentence. 18 (1) When the punishment of death is imposed the time for filing an appeal 19 shall begin to run when the death warrant is filed. 20 (2) The death warrant shall not be filed until forty-two (42) days after 21 the judgment imposing the death sentence has been filed, or, in the event a 22 post-conviction challenge to the conviction or sentence is filed, until the 23 order deciding such post-conviction challenge is filed. 24 (3) Within forty-two (42) days of the filing of the judgment imposing the 25 punishment of death, and before the death warrant is filed, the defendant must 26 file any legal or factual challenge to the sentence or conviction that is 27 known or reasonably should be known. 28 (4) Any remedy available by post-conviction procedure, habeas corpus or 29 any other provision of state law must be pursued according to the procedures 30 set forth in this section and within the time limitations of subsection (3) of 31 this section, except that a petition which alleges innocence of the crime of 32 conviction and requests the performance of a forensic deoxyribonucleic acid 33 (DNA) test on specified evidence may be filed at any time, even if the defend- 34 ant has previously filed one (1) or more post-conviction petitions pursuant to 35 this section. In such a case, the district court, upon a determination that 36 any evidence containing deoxyribonucleic acid (DNA) was secured in connection 37 with the trial resulting in the judgment, shall grant the application for 38 forensic DNA testing of such evidence upon its determination that if a foren- 39 sic DNA test had been conducted on such evidence, and if the result, assuming 40 it would be favorable to the petitioner, had been admitted in the trial 41 resulting in the judgment, there exists a reasonable probability that the ver- 42 dict would have been more favorable to the defendant. Thereafter, the district 43 court shall hold an evidentiary hearing where, upon a showing by the peti- 2 1 tioner that he is innocent, the district court shall grant appropriate relief. 2 The cost of the forensic DNA test shall be at the petitioner's expense, 3 except to the extent the petitioner qualifies for the test at public expense 4 pursuant to chapter 8, title 19, Idaho Code. 5 (5) If the defendant fails to apply for relief as provided in this sec- 6 tion and within the time limits specified, he shall be deemed to have waived 7 such claims for relief as were known, or reasonably should have been known, 8 except as provided for claims of innocence which are governed by subsection 9 (4) of this section. The courts of Idaho shall have no power to consider any 10 such claims for relief as have been so waived or grant any such relief. 11 (a) An allegation that a successive post-conviction petition may be heard 12 because of the applicability of the exception herein for issues that were 13 not known or could not reasonably have been known shall not be considered 14 unless the applicant shows the existence of such issues by (i) a precise 15 statement of the issue or issues asserted together with (ii) material 16 facts stated under oath or affirmation by credible persons with first hand 17 knowledge that would support the issue or issues asserted. A pleading that 18 fails to make a showing of excepted issues supported by material facts, or 19 which is not credible, must be summarily dismissed. 20 (b) A successive post-conviction pleading asserting the exception shall 21 be deemed facially insufficient to the extent it alleges matters that are 22 cumulative or impeaching or would not, even if the allegations were true, 23 cast doubt on the reliability of the conviction or sentence. 24 (c) A successive post-conviction pleading asserting the exception shall 25 be deemed facially insufficient to the extent it seeks retroactive appli- 26 cation of new rules of law. 27 (6) In the event the defendant desires to appeal from any post-conviction 28 order entered pursuant to this section, his appeal must be part of any appeal 29 taken from the conviction or sentence. All issues relating to conviction, sen- 30 tence and post-conviction challenge shall be considered in the same appellate 31 proceeding. 32 (7) If post-conviction challenge is made under this section, questions 33 raised thereby shall be heard and decided by the district court within ninety 34 (90) days of the filing of any motion or petition for relief timely filed as 35 provided by this section. The court shall give first priority to capital 36 cases. In the event the district court fails to act within the time specified, 37 the supreme court of Idaho shall, on its own motion or the motion of any 38 party, order the court to proceed forthwith, or if appropriate, reassign the 39 case to another judge. When the supreme court intervenes as provided, it shall 40 set a reasonable time limit for disposition of the issues before the district 41 court. 42 (8) The time limit provided in subsection (7) of this section for dispo- 43 sition of post-conviction claims may be extended only upon a showing of 44 extraordinary circumstances which would make it impossible to fairly consider 45 defendant's claims in the time provided. Such showing must be made under oath 46 and the district court's finding that extraordinary circumstances exist for 47 extending the time shall be in writing and shall be immediately reported to 48 the supreme court, which shall at once independently consider the sufficiency 49 of the circumstances shown and determine whether an extension of time is war- 50 ranted. 51 (9) When a judgment imposing the penalty of death is filed, the clerk and 52 the reporter shall begin preparation of the transcripts of the trial, and 53 other proceedings, and the clerk's transcript. 54 (10) When the procedures specified in this section and section 19-2827, 55 Idaho Code, have been carried out and a remittitur issued, and an execution 3 1 date set as provided by law, the defendant shall be deemed to have exhausted 2 all state remedies. 3 (11) Any successive petition for post-conviction relief not within the 4 exception of subsection (5) of this section shall be dismissed summarily. Not- 5 withstanding any other statute or rule, the order of dismissal shall not be 6 subject to any motion to alter, amend or reconsider. Such order shall not be 7 subject to any requirement for the giving of notice of the court's intent to 8 dismiss. The order of dismissal shall not be appealable. 9 (12) A stay of execution while the special appellate procedures specified 10 herein are followed and during the pendency of automatic review of death sen- 11 tences shall be automatically entered by the clerk of the supreme court at the 12 time the district court transmits to the supreme court the report required by 13 section 19-2827, Idaho Code. If the sentence is upheld, the clerk shall dis- 14 solve such stay when the remittitur is filed. Thereafter the district court 15 shall set a new execution date. 16 SECTION 2. That Section 19-4901, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 19-4901. REMEDY -- TO WHOM AVAILABLE -- CONDITIONS. (a) Any person who 19 has been convicted of, or sentenced for, a crime and who claims: 20 (1)tThat the conviction or the sentence was in violation of the 21Cconstitution of the United States or theCconstitution or laws of this 22 state; 23 (2)tThat the court was without jurisdiction to impose sentence; 24 (3)tThat the sentence exceeds the maximum authorized by law; 25 (4)tThat there exists evidence of material facts, not previously pre- 26 sented and heard, that requires vacation of the conviction or sentence in 27 the interest of justice; 28 (5)tThat his sentence has expired, his probation, or conditional release 29 was unlawfully revoked by the court in which he was convicted, or that he 30 is otherwise unlawfully held in custody or other restraint;or31 (6) Subject to the provision of section 19-4902(b), Idaho Code, that the 32 petitioner is innocent of the offense; or 33 (7) Tthat the conviction or sentence is otherwise subject to collateral 34 attack upon any ground of alleged error heretofore available under any 35 common law, statutory or other writ, motion, petition, proceeding, or 36 remedy: may institute, without paying a filing fee, a proceeding under 37 this act to secure relief. 38 (b) This remedy is not a substitute for nor does it affect any remedy 39 incident to the proceedings in the trial court, or of an appeal from the sen- 40 tence or conviction. Any issue which could have been raised on direct appeal, 41 but was not, is forfeited and may not be considered in post-conviction pro- 42 ceedings, unless it appears to the court, on the basis of a substantial fac- 43 tual showing by affidavit, deposition or otherwise, that the asserted basis 44 for relief raises a substantial doubt about the reliability of the finding of 45 guilt and could not, in the exercise of due diligence, have been presented 46 earlier. Except as otherwise provided in this act, it comprehends and takes 47 the place of all other common law, statutory, or other remedies heretofore 48 available for challenging the validity of the conviction or sentence. It shall 49 be used exclusively in place of them. 50 SECTION 3. That Section 19-4902, Idaho Code, be, and the same is hereby 51 amended to read as follows: 4 1 19-4902. COMMENCEMENT OF PROCEEDINGS -- VERIFICATION -- FILING -- SERVICE 2 -- DNA TESTING. (a) A proceeding is commenced by filing an application veri- 3 fied by the applicant with the clerk of the district court in which the con- 4 viction took place. An application may be filed at any time within one (1) 5 year from the expiration of the time for appeal or from the determination of 6 an appeal or from the determination of a proceeding following an appeal, 7 whichever is later. Facts within the personal knowledge of the applicant and 8 the authenticity of all documents and exhibits included in or attached to the 9 application must be sworn to affirmatively as true and correct. TheSsupreme 10Ccourt may prescribe the form of the application and verification. The clerk 11 shall docket the application upon its receipt and promptly bring it to the 12 attention of the court and deliver a copy to the prosecuting attorney. 13 (b) (1) Notwithstanding the time limits set forth in subsection (a) of 14 this section, a petition which alleges innocence of the crime of convic- 15 tion and requests the performance of a forensic deoxyribonucleic acid 16 (DNA) test on specified evidence may be filed at any time, even if the 17 petitioner has previously filed one (1) or more post-conviction petitions 18 pursuant to this chapter. In such a case, the district court, upon a 19 determination that any evidence containing deoxyribonucleic acid (DNA) was 20 secured in connection with the trial resulting in the judgment, shall 21 grant the application for forensic DNA testing of such evidence upon its 22 determination that if a forensic DNA test had been conducted on such evi- 23 dence, and if the result, assuming it would be favorable to the peti- 24 tioner, had been admitted in the trial resulting in the judgment, there 25 exists a reasonable probability that the verdict would have been more fav- 26 orable to the petitioner. Thereafter, the district court shall hold an 27 evidentiary hearing where, upon a showing by the petitioner that he is 28 innocent, the district court shall grant appropriate relief. 29 (2) The cost of the forensic DNA test shall be at the petitioners 30 expense, except to the extent the petitioner qualifies for the test at 31 public expense pursuant to chapter 8, title 19, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Bieter Seconded by Moss IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 242 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 31, delete ", except that a peti- 3 tion which alleges innocence of the crime of"; delete lines 32 through 43; on 4 page 2, delete lines 1 through 4 and insert: ". The special procedures for 5 fingerprint or forensic DNA testing set forth in sections 19-4901(a)(6) and 6 19-4902(b) through (f), Idaho Code, are fully applicable in capital cases and 7 are subject to the procedures set forth in this section, and must be pursued 8 through a petition filed within the time limitations of subsection (3) of this 9 section or by July 1, 2002, whichever is later."; in line 7, delete ","; 10 delete line 8; and in line 9, delete "(4) of this section". 11 AMENDMENTS TO SECTION 2 12 On page 3, in line 31, delete "provision" and insert: "provisions"; also 13 in line 31, following "19-4902(b)" insert: "through (f)". 14 AMENDMENTS TO SECTION 3 15 On page 4, delete lines 13 through 28, and insert: 16 "(b) A petitioner may, at any time, file a petition before the trial 17 court that entered the judgment of conviction in his or her case for the per- 18 formance of fingerprint or forensic deoxyribonucleic acid (DNA) testing on 19 evidence that was secured in relation to the trial which resulted in his or 20 her conviction but which was not subject to the testing that is now requested 21 because the technology for the testing was not available at the time of trial. 22 The petition must be filed by July 1, 2002, or within one (1) year after the 23 filing of the judgment of conviction, whichever is later. The clerk shall 24 docket the application upon its receipt and promptly bring it to the attention 25 of the court and deliver a copy to the prosecuting attorney. 26 (c) The petitioner must present a prima facie case that: 27 (1) Identity was an issue in the trial which resulted in his or her con- 28 viction; and 29 (2) The evidence to be tested has been subject to a chain of custody suf- 30 ficient to establish that such evidence has not been substituted, tampered 31 with, replaced or altered in any material aspect. 32 (d) The trial court shall allow the testing under reasonable conditions 33 designed to protect the state's interests in the integrity of the evidence and 34 the testing process upon a determination that: 35 (1) The result of the testing has the scientific potential to produce 36 new, noncumulative evidence that would show that it is more probable than 37 not that the petitioner is innocent; and 38 (2) The testing method requested would likely produce admissible results 39 under the Idaho rules of evidence. 40 (e) In the event the fingerprint or forensic DNA test results demon- 41 strate, in light of all admissible evidence, that the petitioner is not the 2 1 person who committed the offense, the court shall order the appropriate 2 relief."; 3 in line 29, delete "(2)" and insert: "(f)"; also in line 29, delete "petition- 4 ers" and insert: "petitioner's"; and in line 31, following "Code" insert: ", 5 in which case the fingerprint or forensic DNA test shall be performed by, and 6 paid for by funds allocated for, Idaho state police forensic services". 7 CORRECTIONS TO TITLE 8 On page 1, in line 4, following "PETITION FOR" insert: "SPECIAL PROCEDURES 9 FOR FINGERPRINT AND"; also in line 4, delete "AND PROCEDURE GOVERNING"; in 10 line 5, delete "SUCH A PETITION AND TO MAKE TECHNICAL CORRECTIONS"; in line 8, 11 following "PETITION FOR" insert: "FINGERPRINT AND"; and in line 9, delete "AND 12 PROCEDURE GOVERNING SUCH A PETITION" and insert: ", TO PROVIDE THAT A PETI- 13 TIONER MUST PRESENT CERTAIN ELEMENTS OF A PRIMA FACIE CASE, TO PROVIDE THAT A 14 TRIAL COURT SHALL ALLOW TESTING UNDER CERTAIN CONDITIONS, TO PROVIDE THAT A 15 COURT SHALL ORDER APPROPRIATE RELIEF IF TESTING DEMONSTRATES A PERSON DID NOT 16 COMMIT AN OFFENSE, TO PROVIDE FOR PAYMENT OF TESTING".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 242, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CERTAIN POST-CONVICTION APPEALS; AMENDING SECTION 19-2719, IDAHO 3 CODE, GOVERNING SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPI- 4 TAL CASES TO PROVIDE A PETITION FOR SPECIAL PROCEDURES FOR FINGERPRINT AND 5 DNA TESTING; AMENDING SECTION 19-4901, IDAHO CODE, TO PROVIDE ADDITIONAL 6 CONDITIONS FOR FILING A PETITION FOR POST-CONVICTION REMEDY AND TO MAKE 7 TECHNICAL CORRECTIONS; AND AMENDING SECTION 19-4902, IDAHO CODE, TO PRO- 8 VIDE FOR A PETITION FOR FINGERPRINT AND DNA TESTING, TO PROVIDE THAT A 9 PETITIONER MUST PRESENT CERTAIN ELEMENTS OF A PRIMA FACIE CASE, TO PROVIDE 10 THAT A TRIAL COURT SHALL ALLOW TESTING UNDER CERTAIN CONDITIONS, TO PRO- 11 VIDE THAT A COURT SHALL ORDER APPROPRIATE RELIEF IF TESTING DEMONSTRATES A 12 PERSON DID NOT COMMIT AN OFFENSE, TO PROVIDE FOR PAYMENT OF TESTING AND TO 13 MAKE A TECHNICAL CORRECTION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 19-2719, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 19-2719. SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL 18 CASES -- AUTOMATIC STAY. The following special procedures shall be interpreted 19 to accomplish the purpose of eliminating unnecessary delay in carrying out a 20 valid death sentence. 21 (1) When the punishment of death is imposed the time for filing an appeal 22 shall begin to run when the death warrant is filed. 23 (2) The death warrant shall not be filed until forty-two (42) days after 24 the judgment imposing the death sentence has been filed, or, in the event a 25 post-conviction challenge to the conviction or sentence is filed, until the 26 order deciding such post-conviction challenge is filed. 27 (3) Within forty-two (42) days of the filing of the judgment imposing the 28 punishment of death, and before the death warrant is filed, the defendant must 29 file any legal or factual challenge to the sentence or conviction that is 30 known or reasonably should be known. 31 (4) Any remedy available by post-conviction procedure, habeas corpus or 32 any other provision of state law must be pursued according to the procedures 33 set forth in this section and within the time limitations of subsection (3) of 34 this section. The special procedures for fingerprint or forensic DNA testing 35 set forth in sections 19-4901(a)(6) and 19-4902(b) through (f), Idaho Code, 36 are fully applicable in capital cases and are subject to the procedures set 37 forth in this section, and must be pursued through a petition filed within the 38 time limitations of subsection (3) of this section or by July 1, 2002, which- 39 ever is later. 40 (5) If the defendant fails to apply for relief as provided in this sec- 41 tion and within the time limits specified, he shall be deemed to have waived 42 such claims for relief as were known, or reasonably should have been known. 43 The courts of Idaho shall have no power to consider any such claims for relief 2 1 as have been so waived or grant any such relief. 2 (a) An allegation that a successive post-conviction petition may be heard 3 because of the applicability of the exception herein for issues that were 4 not known or could not reasonably have been known shall not be considered 5 unless the applicant shows the existence of such issues by (i) a precise 6 statement of the issue or issues asserted together with (ii) material 7 facts stated under oath or affirmation by credible persons with first hand 8 knowledge that would support the issue or issues asserted. A pleading that 9 fails to make a showing of excepted issues supported by material facts, or 10 which is not credible, must be summarily dismissed. 11 (b) A successive post-conviction pleading asserting the exception shall 12 be deemed facially insufficient to the extent it alleges matters that are 13 cumulative or impeaching or would not, even if the allegations were true, 14 cast doubt on the reliability of the conviction or sentence. 15 (c) A successive post-conviction pleading asserting the exception shall 16 be deemed facially insufficient to the extent it seeks retroactive appli- 17 cation of new rules of law. 18 (6) In the event the defendant desires to appeal from any post-conviction 19 order entered pursuant to this section, his appeal must be part of any appeal 20 taken from the conviction or sentence. All issues relating to conviction, sen- 21 tence and post-conviction challenge shall be considered in the same appellate 22 proceeding. 23 (7) If post-conviction challenge is made under this section, questions 24 raised thereby shall be heard and decided by the district court within ninety 25 (90) days of the filing of any motion or petition for relief timely filed as 26 provided by this section. The court shall give first priority to capital 27 cases. In the event the district court fails to act within the time specified, 28 the supreme court of Idaho shall, on its own motion or the motion of any 29 party, order the court to proceed forthwith, or if appropriate, reassign the 30 case to another judge. When the supreme court intervenes as provided, it shall 31 set a reasonable time limit for disposition of the issues before the district 32 court. 33 (8) The time limit provided in subsection (7) of this section for dispo- 34 sition of post-conviction claims may be extended only upon a showing of 35 extraordinary circumstances which would make it impossible to fairly consider 36 defendant's claims in the time provided. Such showing must be made under oath 37 and the district court's finding that extraordinary circumstances exist for 38 extending the time shall be in writing and shall be immediately reported to 39 the supreme court, which shall at once independently consider the sufficiency 40 of the circumstances shown and determine whether an extension of time is war- 41 ranted. 42 (9) When a judgment imposing the penalty of death is filed, the clerk and 43 the reporter shall begin preparation of the transcripts of the trial, and 44 other proceedings, and the clerk's transcript. 45 (10) When the procedures specified in this section and section 19-2827, 46 Idaho Code, have been carried out and a remittitur issued, and an execution 47 date set as provided by law, the defendant shall be deemed to have exhausted 48 all state remedies. 49 (11) Any successive petition for post-conviction relief not within the 50 exception of subsection (5) of this section shall be dismissed summarily. Not- 51 withstanding any other statute or rule, the order of dismissal shall not be 52 subject to any motion to alter, amend or reconsider. Such order shall not be 53 subject to any requirement for the giving of notice of the court's intent to 54 dismiss. The order of dismissal shall not be appealable. 55 (12) A stay of execution while the special appellate procedures specified 3 1 herein are followed and during the pendency of automatic review of death sen- 2 tences shall be automatically entered by the clerk of the supreme court at the 3 time the district court transmits to the supreme court the report required by 4 section 19-2827, Idaho Code. If the sentence is upheld, the clerk shall dis- 5 solve such stay when the remittitur is filed. Thereafter the district court 6 shall set a new execution date. 7 SECTION 2. That Section 19-4901, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-4901. REMEDY -- TO WHOM AVAILABLE -- CONDITIONS. (a) Any person who 10 has been convicted of, or sentenced for, a crime and who claims: 11 (1)tThat the conviction or the sentence was in violation of the 12Cconstitution of the United States or theCconstitution or laws of this 13 state; 14 (2)tThat the court was without jurisdiction to impose sentence; 15 (3)tThat the sentence exceeds the maximum authorized by law; 16 (4)tThat there exists evidence of material facts, not previously pre- 17 sented and heard, that requires vacation of the conviction or sentence in 18 the interest of justice; 19 (5)tThat his sentence has expired, his probation, or conditional release 20 was unlawfully revoked by the court in which he was convicted, or that he 21 is otherwise unlawfully held in custody or other restraint;or22 (6) Subject to the provisions of section 19-4902(b) through (f), Idaho 23 Code, that the petitioner is innocent of the offense; or 24 (7) Tthat the conviction or sentence is otherwise subject to collateral 25 attack upon any ground of alleged error heretofore available under any 26 common law, statutory or other writ, motion, petition, proceeding, or 27 remedy: may institute, without paying a filing fee, a proceeding under 28 this act to secure relief. 29 (b) This remedy is not a substitute for nor does it affect any remedy 30 incident to the proceedings in the trial court, or of an appeal from the sen- 31 tence or conviction. Any issue which could have been raised on direct appeal, 32 but was not, is forfeited and may not be considered in post-conviction pro- 33 ceedings, unless it appears to the court, on the basis of a substantial fac- 34 tual showing by affidavit, deposition or otherwise, that the asserted basis 35 for relief raises a substantial doubt about the reliability of the finding of 36 guilt and could not, in the exercise of due diligence, have been presented 37 earlier. Except as otherwise provided in this act, it comprehends and takes 38 the place of all other common law, statutory, or other remedies heretofore 39 available for challenging the validity of the conviction or sentence. It shall 40 be used exclusively in place of them. 41 SECTION 3. That Section 19-4902, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 19-4902. COMMENCEMENT OF PROCEEDINGS -- VERIFICATION -- FILING -- SERVICE 44 -- DNA TESTING. (a) A proceeding is commenced by filing an application veri- 45 fied by the applicant with the clerk of the district court in which the con- 46 viction took place. An application may be filed at any time within one (1) 47 year from the expiration of the time for appeal or from the determination of 48 an appeal or from the determination of a proceeding following an appeal, 49 whichever is later. Facts within the personal knowledge of the applicant and 50 the authenticity of all documents and exhibits included in or attached to the 51 application must be sworn to affirmatively as true and correct. TheSsupreme 4 1Ccourt may prescribe the form of the application and verification. The clerk 2 shall docket the application upon its receipt and promptly bring it to the 3 attention of the court and deliver a copy to the prosecuting attorney. 4 (b) A petitioner may, at any time, file a petition before the trial court 5 that entered the judgment of conviction in his or her case for the performance 6 of fingerprint or forensic deoxyribonucleic acid (DNA) testing on evidence 7 that was secured in relation to the trial which resulted in his or her convic- 8 tion but which was not subject to the testing that is now requested because 9 the technology for the testing was not available at the time of trial. The 10 petition must be filed by July 1, 2002, or within one (1) year after the fil- 11 ing of the judgment of conviction, whichever is later. The clerk shall docket 12 the application upon its receipt and promptly bring it to the attention of the 13 court and deliver a copy to the prosecuting attorney. 14 (c) The petitioner must present a prima facie case that: 15 (1) Identity was an issue in the trial which resulted in his or her con- 16 viction; and 17 (2) The evidence to be tested has been subject to a chain of custody suf- 18 ficient to establish that such evidence has not been substituted, tampered 19 with, replaced or altered in any material aspect. 20 (d) The trial court shall allow the testing under reasonable conditions 21 designed to protect the state's interests in the integrity of the evidence and 22 the testing process upon a determination that: 23 (1) The result of the testing has the scientific potential to produce 24 new, noncumulative evidence that would show that it is more probable than 25 not that the petitioner is innocent; and 26 (2) The testing method requested would likely produce admissible results 27 under the Idaho rules of evidence. 28 (e) In the event the fingerprint or forensic DNA test results demon- 29 strate, in light of all admissible evidence, that the petitioner is not the 30 person who committed the offense, the court shall order the appropriate 31 relief. 32 (f) The cost of the forensic DNA test shall be at the petitioner's 33 expense, except to the extent the petitioner qualifies for the test at public 34 expense pursuant to chapter 8, title 19, Idaho Code, in which case the finger- 35 print or forensic DNA test shall be performed by, and paid for by funds allo- 36 cated for, Idaho state police forensic services.
STATEMENT OF PURPOSE RS l0946Cl The purpose of this legislation is to allow for post-conviction DNA testing in appropriate cases. While prosecutors have been utilizing DNA technology for nearly a decade in seeking convictions, Idaho inmates have no statutory right to tests that may exonerate them. In the past decade DNA testing has resulted in the post-conviction exoneration of more than 65 individuals in the United States and Canada. Idaho Code Sections 19-2719 and 19-4902 limits the time in which a defendant may seek post-conviction relief. A criminal defendant convicted prior to the development of DNA testing, cannot utilize DNA testing to prove actual innocence even though DNA testing is often feasible on relevant biological material that is decades old. FISCAL IMPACT There is no fiscal impact. Contact Name: Representative David Bieter Phone: 332-1243 STATEMENT OF PURPOSE/FISCAL NOTE H 242