Under current law, an incarcerated person can motion the court for
postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense.
The bill allows an eligible person to apply for postconviction DNA
testing:
•
To show a reasonable probability that the person would not have been convicted; or
•
If evidence was previously available and tested and the evidence now can be subjected to additional DNA testing that provides a reasonable likelihood of more probative results.
The bill permits the court to order postconviction DNA testing if
there is a reasonable probability that the petitioner would not have been convicted or would have received a lesser sentence if favorable results had been obtained through DNA testing at the time of the original prosecution.
The bill allows a court to consider a subsequent petition with new
or different grounds for relief if the court finds just cause or the interests of justice so requires.
If the results of DNA testing are favorable to the petitioner, the
court shall schedule a hearing to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction.
