2015 -- S 0574

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LC000115

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - POST CONVICTION REMEDY

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: March 03, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 10-9.1-11 of the General Laws in Chapter 10-9.1 entitled "Post

Conviction Remedy" is hereby amended to read as follows:

     10-9.1-11. Innocence protection -- Mandatory preservation of biological evidence. --

(a) Mandatory preservation. - During the term of the defendant's incarceration resulting from his

or her conviction after trial, the Rhode Island state police and each and every municipal police

department in the state of Rhode Island, their agents, and any person to whom biological evidence

has been transferred shall be obligated to preserve all biological evidence that comes into its

possession during the course of a criminal investigation.

      (b) Petition to destroy evidence. - A police department or agent may be relieved of the

obligation of mandatory preservation by applying to a justice of the superior court for permission

to destroy biological evidence. Upon receipt of the petition, a justice of the superior court shall

hold a hearing, and after giving notice to all defendants charged in connection with the

prosecution, the justice shall grant the petition upon finding that:

      (1) The Rhode Island Supreme Court has decided the defendant's appeal; and

      (2) The defendant does not seek further preservation of the biological evidence.

      (c) Petition by defendant requesting testing. - Notwithstanding any other provision of

law governing postconviction relief, any person who was convicted of and sentenced for a crime

and who is currently serving an actual term of imprisonment and incarceration pursuant to that

sentence may, at any time, file a petition with the superior court requesting the forensic DNA

testing of any evidence that is in the possession or control of the prosecution, law enforcement,

laboratory, or court. A person filing a petition under this section must certify under the pains and

penalties of perjury that the requested testing is related to the investigation or prosecution that

resulted in the judgment of conviction and that the evidence sought to be tested contains

biological evidence.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - POST CONVICTION REMEDY

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     This act would remove the requirement that a person convicted of and sentenced for a

crime be presently serving an initial term of imprisonment prior to requesting forensic DNA

testing.

     This act would take effect upon passage.

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