Bill Text - HB1318 (2010)

(New Title) relative to victim services while the court is considering post-conviction DNA testing.

Revision: March 3, 2010, midnight






AN ACT relative to post-conviction DNA testing.

SPONSORS: Rep. Cushing, Rock 15

COMMITTEE: Criminal Justice and Public Safety


This bill makes changes to the statute governing post-conviction DNA testing.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Ten

AN ACT relative to post-conviction DNA testing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Post-Conviction DNA Testing of Biological Material. Amend RSA 651-D:2, I(a) to read as follows:

(a) Explain why the identity of the petitioner was or should have been a significant issue during court proceedings notwithstanding the fact that the petitioner may have pled guilty or nolo contendere, or made or is alleged to have made an incriminating statement or admission as to identity.

2 Post-Conviction DNA Testing of Biological Material. Amend RSA 651-D:2, IV(c) to read as follows:

(c) Designate the New Hampshire state police forensic laboratory to conduct the test. However, the court, upon a showing of good cause, may order testing by another laboratory or agency certified by the American Society of Crime Laboratory Directors or the National Forensic Science Training Center, if requested by the petitioner.

3 Preservation of Biological Material for DNA Testing. RSA 651-D:3 is repealed and reenacted to read as follows:

651-D:3 Preservation of Biological Material for DNA Testing.

I. Every appropriate governmental entity shall retain and catalogue each item of physical evidence that contains biological material secured in connection with a criminal case in the amount and manner sufficient to develop a DNA profile from the biological material contained in or included on the evidence for the period of time that any person is incarcerated, or civilly committed, or on parole or probation, or subject to registration as a criminal offender under RSA 651-B. This paragraph shall apply whether or not a petitioner has filed a petition for post-conviction DNA testing under this chapter.

II. In cases where a petition for post-conviction DNA testing has been filed under this chapter, the state shall prepare an inventory of the evidence related to the case and submit a copy of the inventory to the petitioner and the court.

III. This section shall apply to biological evidence that is in the custody of a law enforcement agency in the state on the effective date of this section.

4 New Section; Victim Services. Amend RSA 651-D by inserting after section 4 the following new section:

651-D:5 Victim Services. When post-conviction DNA testing is being considered by the court, the state shall, upon request, reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation of the case, during the pendency of the proceedings, and, as determined by the court after consultation with the victim and/or victim advocate, following final adjudication of the case.

5 Repeal. RSA 651-D:2, IV(d), relative to designation of an alternate laboratory for DNA testing, is repealed.

6 Effective Date. This act shall take effect 60 days after its passage.