1.1                          A bill for an act 
  1.2             relating to postconviction remedies; enacting a model 
  1.3             postconviction DNA analysis act; providing procedures 
  1.4             for persons convicted of crimes to establish innocence 
  1.5             by petitioning the court for DNA analysis; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 590; 
  1.7             repealing Minnesota Statutes 2002, section 590.01, 
  1.8             subdivision 1a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [590.10] [PETITION FOR POSTCONVICTION 
  1.11  DEOXYRIBONUCLEIC ACID (DNA) ANALYSIS.] 
  1.12     Notwithstanding any other provision of law governing 
  1.13  postconviction relief, a person convicted of a crime may at any 
  1.14  time file a petition requesting the forensic DNA analysis, as 
  1.15  defined in section 299C.155, of any evidence that was secured in 
  1.16  relation to the investigation or prosecution that resulted in 
  1.17  the judgment of conviction, and that may contain biological 
  1.18  evidence.  Persons eligible for testing shall include any of the 
  1.19  following: 
  1.20     (1) persons convicted on a plea of not guilty or guilty; 
  1.21     (2) persons currently incarcerated, serving a sentence of 
  1.22  probation, or who have already been released on parole; or 
  1.23     (3) persons who have finished serving their sentences. 
  1.24     Sec. 2.  [590.11] [PROCEEDINGS.] 
  1.25     The petitioner shall be granted full, fair, and prompt 
  1.26  proceedings upon the filing of a motion under sections 590.10 to 
  1.27  590.22.  The motion shall be filed in the district court in the 
  2.1   county where the conviction was obtained.  The petitioner shall 
  2.2   serve a copy of such motion upon the county attorney.  The 
  2.3   county attorney shall file a response to the motion within 30 
  2.4   days of the receipt of service.  The court shall, no sooner than 
  2.5   30 days and no later than 90 days after the motion is filed, 
  2.6   hear the motion. 
  2.7      Sec. 3.  [590.12] [ORDER FOR POSTCONVICTION DNA ANALYSIS.] 
  2.8      Upon the filing of a motion for postconviction DNA 
  2.9   analysis, and after the court provides the state with notice and 
  2.10  an opportunity to respond, and holds a hearing on the motion, 
  2.11  the court shall order testing if it finds that: 
  2.12     (1) a reasonable probability exists that the petitioner 
  2.13  would not have been convicted, or would have received a lesser 
  2.14  sentence, if favorable results had been obtained through DNA 
  2.15  analysis at the time of the original prosecution; 
  2.16     (2) one or more of the items of evidence that the 
  2.17  petitioner seeks to have tested is still in existence; 
  2.18     (3) the evidence to be tested was secured in relation to 
  2.19  the offense that is the basis of the challenged conviction, and: 
  2.20     (i) was not previously subjected to DNA analysis; or 
  2.21     (ii) although previously subjected to DNA analysis, can be 
  2.22  subjected to additional DNA analysis that provides a reasonable 
  2.23  likelihood of more probative results; 
  2.24     (4) the chain of custody of the evidence to be tested 
  2.25  establishes that the evidence has not been tampered with, 
  2.26  replaced, or altered in any material respect or, if the chain of 
  2.27  custody does not establish the integrity of the evidence, the 
  2.28  testing itself has the potential to establish the integrity of 
  2.29  the evidence; and 
  2.30     (5) the application for testing is made for the purpose of 
  2.31  demonstrating innocence or the appropriateness of a lesser 
  2.32  sentence, and not to unreasonably delay the execution of 
  2.33  sentence or the administration of justice. 
  2.34     For purposes of clause (4), evidence that has been in the 
  2.35  custody of law enforcement, other government officials, or a 
  2.36  public or private hospital shall be presumed to satisfy the 
  3.1   chain-of-custody requirement of this section, absent specific 
  3.2   evidence of material tampering, replacement, or alteration. 
  3.3      Sec. 4.  [590.13] [COUNSEL.] 
  3.4      The court may, at any time, during proceedings under this 
  3.5   act, appoint counsel for an indigent petitioner. 
  3.6      (a) If the petitioner has filed pro se, upon a showing that 
  3.7   DNA analysis may be material to the petitioner's claim of 
  3.8   wrongful conviction, the court shall either appoint counsel for 
  3.9   the petitioner, or the court, in its discretion, may refer pro 
  3.10  se requests for DNA analysis to qualified parties for further 
  3.11  review, including, but not limited to, indigent defense 
  3.12  organizations or clinical legal education programs, without 
  3.13  appointing the parties as counsel at that time. 
  3.14     (b) If the petitioner has retained private pro bono 
  3.15  counsel, including, but not limited to, counsel from a nonprofit 
  3.16  organization that represents indigent persons, the court may, in 
  3.17  its discretion, award reasonable attorney fees and costs at the 
  3.18  conclusion of the litigation. 
  3.19     Sec. 5.  [590.14] [DISCOVERY.] 
  3.20     At any time after a petition has been filed under sections 
  3.21  590.10 to 590.22, the court may order any of the actions 
  3.22  provided in paragraphs (a) to (e). 
  3.23     (a) The court may order the county attorney to locate and 
  3.24  provide the petitioner with any documents, notes, logs, or 
  3.25  reports relating to items of physical evidence collected in 
  3.26  connection with the case, or otherwise assist the petitioner in 
  3.27  locating items of biological evidence that the county attorney 
  3.28  contends have been lost or destroyed.  The court may further 
  3.29  order the county attorney to take reasonable measures to locate 
  3.30  biological evidence that may be in its custody, or to assist the 
  3.31  petitioner in locating evidence that may be in the custody of a 
  3.32  public or private hospital, public or private laboratory, or 
  3.33  other facility. 
  3.34     (b) If evidence had previously been subjected to DNA 
  3.35  analysis, the court may order production of laboratory reports 
  3.36  prepared in connection with the DNA analysis, as well as the 
  4.1   underlying data, and laboratory notes. 
  4.2      (c) If any DNA or other biological evidence analysis was 
  4.3   previously conducted, by either the prosecution or defense 
  4.4   without knowledge of the other party, the testing shall be 
  4.5   revealed in the motion for testing or response, if any. 
  4.6      (d) If the court orders DNA analysis in connection with a 
  4.7   proceeding brought under sections 590.10 to 590.22, the court 
  4.8   shall order the production of any laboratory reports prepared in 
  4.9   connection with the DNA analysis, and may, in its discretion, 
  4.10  order production of the underlying data, bench notes, or other 
  4.11  laboratory notes. 
  4.12     (e) The results of any postconviction DNA analysis 
  4.13  conducted under sections 590.10 to 590.22 shall be disclosed to 
  4.14  the prosecution, the petitioner, and the court. 
  4.15     Sec. 6.  [590.15] [PRESERVATION OF EVIDENCE.] 
  4.16     Subdivision 1.  [PRESERVATION.] Notwithstanding any other 
  4.17  provision of law, all appropriate governmental entities shall 
  4.18  retain all items of physical evidence which contain biological 
  4.19  material that are secured in connection with a criminal case for 
  4.20  the period of time that any person remains incarcerated, on 
  4.21  probation or parole, civilly committed, or subject to 
  4.22  registration as a sex offender in connection with the case.  
  4.23  This requirement shall apply with or without the filing of a 
  4.24  petition for postconviction DNA analysis, as well as during the 
  4.25  pendency of proceedings under sections 590.10 to 590.22.  In 
  4.26  cases where a petition for postconviction DNA analysis has been 
  4.27  filed under sections 590.10 to 590.22, the county attorney shall 
  4.28  prepare an inventory of evidence related to the case and submit 
  4.29  a copy of the inventory to the defense and the court.  If 
  4.30  evidence is intentionally destroyed after the filing of a 
  4.31  petition under sections 590.10 to 590.22, the court may impose 
  4.32  appropriate sanctions on the responsible party or parties. 
  4.33     Subd. 2.  [DEFINITION.] For purposes of this section, 
  4.34  "biological evidence" means: 
  4.35     (1) the contents of a sexual assault examination kit; or 
  4.36     (2) any item that contains blood, semen, hair, saliva, skin 
  5.1   tissue, or other identifiable biological material, whether that 
  5.2   material is catalogued separately, on a slide, swab, or in a 
  5.3   test tube, or is present on other evidence, including, but not 
  5.4   limited to, clothing, ligatures, bedding or other household 
  5.5   material, drinking cups, cigarettes, and similar items. 
  5.6      Sec. 7.  [590.16] [CHOICE OF LABORATORY.] 
  5.7      If the court orders DNA analysis, the analysis shall be 
  5.8   conducted by a facility mutually agreed upon by the petitioner 
  5.9   and by the state and approved by the court.  If the parties are 
  5.10  unable to agree, the court shall designate the analysis facility 
  5.11  and provide parties with a reasonable opportunity to be heard on 
  5.12  the issue of choice of laboratory.  The court shall impose 
  5.13  reasonable conditions on the analysis to protect the parties' 
  5.14  interests in the integrity of the evidence and the analysis 
  5.15  process. 
  5.16     Sec. 8.  [590.17] [PAYMENT.] 
  5.17     If DNA analysis under sections 590.10 to 590.22 is 
  5.18  performed at a state or county crime laboratory, the state shall 
  5.19  bear the costs of the analysis.  If the analysis is performed at 
  5.20  a private laboratory, the court may require either the 
  5.21  petitioner or the county attorney to pay for the analysis, as 
  5.22  the interests of justice require.  If the state or county crime 
  5.23  laboratory does not have the ability or resources to conduct the 
  5.24  type of DNA analysis to be performed, the county attorney shall 
  5.25  bear the costs of the analysis at a private laboratory that does 
  5.26  have such capabilities. 
  5.27     Sec. 9.  [590.18.] [APPEAL.] 
  5.28     The petitioner shall have the right to appeal a decision 
  5.29  denying postconviction DNA analysis under sections 590.10 to 
  5.30  590.22. 
  5.31     Sec. 10.  [590.19] [SUCCESSIVE PETITIONS.] 
  5.32     (a) If the petitioner has filed a prior petition for DNA 
  5.33  analysis under sections 590.10 to 590.22, or any other provision 
  5.34  of the law, the petitioner may file, and the court shall 
  5.35  adjudicate, a successive petition or petitions under sections 
  5.36  590.10 to 590.22, provided the petitioner asserts new or 
  6.1   different grounds for relief, including, but not limited to, 
  6.2   factual, scientific, or legal arguments not previously 
  6.3   presented, or the availability of more advanced DNA technology. 
  6.4      (b) The court may also, in its discretion, adjudicate any 
  6.5   successive petition if the interests of justice so require. 
  6.6      Sec. 11.  [590.20] [ADDITIONAL ORDERS.] 
  6.7      (a) The court may, in its discretion, make the other orders 
  6.8   as may be appropriate.  This includes, but is not limited to, 
  6.9   designating: 
  6.10     (1) the type of DNA analysis to be used; 
  6.11     (2) the analysis procedures to be followed; 
  6.12     (3) the preservation of some portion of the sample for 
  6.13  replicating the analysis; 
  6.14     (4) additional DNA analysis, if the results of the initial 
  6.15  analysis are inconclusive or otherwise merit additional 
  6.16  scientific analysis; and 
  6.17     (5) the collection and DNA analysis of elimination samples 
  6.18  from third parties. 
  6.19     (b) DNA profile information from biological samples taken 
  6.20  from any person pursuant to a motion for postconviction DNA 
  6.21  analysis shall be exempt from any law requiring disclosure of 
  6.22  information to the public. 
  6.23     Sec. 12.  [590.21] [PROCEDURE AFTER ANALYSIS RESULTS ARE 
  6.24  OBTAINED.] 
  6.25     Subdivision 1.  [RELIEF ORDER.] If the results of forensic 
  6.26  DNA analysis ordered under sections 590.10 to 590.22 are 
  6.27  favorable to the petitioner, the court shall schedule a hearing 
  6.28  to determine the appropriate relief to be granted.  Based on the 
  6.29  results of the analysis and any evidence or other matter 
  6.30  presented at the hearing, the court shall thereafter enter any 
  6.31  order that serves the interests of justice, including any of the 
  6.32  following: 
  6.33     (1) an order setting aside or vacating the petitioner's 
  6.34  judgment of conviction, judgment of not guilty by reason of 
  6.35  mental disease or defect, or adjudication of delinquency; 
  6.36     (2) an order granting the petitioner a new trial or 
  7.1   fact-finding hearing; 
  7.2      (3) an order granting the petitioner a new sentencing 
  7.3   hearing, commitment hearing, or dispositional hearing; 
  7.4      (4) an order discharging the petitioner from custody; 
  7.5      (5) an order specifying the disposition of any evidence 
  7.6   that remains after the completion of the analysis; 
  7.7      (6) an order granting the petitioner additional discovery 
  7.8   on matters related to DNA analysis results or the conviction or 
  7.9   sentence under attack, including, but not limited to, documents 
  7.10  pertaining to the original criminal investigation, or the 
  7.11  identities of other suspects; or 
  7.12     (7) an order directing the county attorney to place any 
  7.13  unidentified DNA profiles obtained from postconviction DNA 
  7.14  analysis into state and federal databases. 
  7.15     Subd. 2.  [DISMISSAL OF PETITION.] If the results of the 
  7.16  analysis are not favorable to the petitioner, the court: 
  7.17     (1) shall dismiss the petition; and 
  7.18     (2) may make any further orders that are appropriate, 
  7.19  including any of the following: 
  7.20     (i) an order providing that the parole board or a probation 
  7.21  department be notified of the analysis results; or 
  7.22     (ii) an order requesting that the petitioner's DNA profile 
  7.23  be added to the state's convicted felons database. 
  7.24     Sec. 13.  [590.22] [CONSENT.] 
  7.25     Nothing in sections 590.10 to 590.22 shall be interpreted 
  7.26  to prohibit a convicted person and the state from consenting to 
  7.27  and conducting postconviction DNA analysis by agreement of the 
  7.28  parties and without filing a motion for postconviction DNA 
  7.29  analysis under sections 590.10 to 590.22.  Notwithstanding any 
  7.30  other provision of law governing postconviction relief, if DNA 
  7.31  analysis results are obtained under analysis conducted upon 
  7.32  consent of the parties which are favorable to the petitioner, 
  7.33  the petitioner may file, and the court shall adjudicate, a 
  7.34  motion for postconviction relief based on the DNA analysis 
  7.35  results under section 590.21. 
  7.36     Sec. 14.  [REPEALER.] 
  8.1      Minnesota Statutes 2002, section 590.01, subdivision 1a, is 
  8.2   repealed.