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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 - 2001
IN 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
21 Cconstitution of the United States or the Cconstitution 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; or
31 (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. The Ssupreme
10 Ccourt 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 - 2001
Moved 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 - 2001
IN 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
12 Cconstitution of the United States or the Cconstitution 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; or
22 (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. The Ssupreme
4
1 Ccourt 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