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Legislative Year: 2023 Change
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Bill Detail: HB23-1034

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Title Measures To Expand Postconviction DNA Testing
Status Governor Signed (03/10/2023)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors M. Soper (R)
L. Daugherty (D)
Senate Sponsors J. Gonzales (D)
C. Simpson (R)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/09/2023
Summary

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.

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with Amendments
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