Bill Text: MI SB0151 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Criminal procedure; DNA; filing deadline for petition seeking review of DNA evidence; remove sunset. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2015-12-18 - Assigned Pa 0229'15 With Immediate Effect [SB0151 Detail]
Download: Michigan-2015-SB0151-Engrossed.html
SB-0151, As Passed House, December 8, 2015
SENATE BILL No. 151
February 19, 2015, Introduced by Senators BIEDA, JONES, ANANICH, HERTEL, SCHUITMAKER, HOPGOOD, NOFS and GREGORY and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16 of chapter X (MCL 770.16), as amended by
2011 PA 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 16. (1) Notwithstanding the limitations of section 2 of
this chapter, a defendant convicted of a felony at trial before
January 8, 2001 who is serving a prison sentence for the felony
conviction may petition the circuit court to order DNA testing of
biological material identified during the investigation leading to
his or her conviction, and for a new trial based on the results of
that testing. Notwithstanding the limitations of section 2 of this
chapter, a defendant convicted of a felony at trial on or after
January 8, 2001 who establishes that all of the following apply may
petition the circuit court to order DNA testing of biological
material identified during the investigation leading to his or her
conviction, and for a new trial based on the results of that
testing:
(a) That DNA testing was done in the case or under this act.
(b) That the results of the testing were inconclusive.
(c) That testing with current DNA technology is likely to
result in conclusive results.
(2)
A petition under this section shall be filed not later
than
January 1, 2016. The petition shall be filed in the circuit
court for the county in which the defendant was sentenced and shall
be assigned to the sentencing judge or his or her successor. The
petition shall be served on the prosecuting attorney of the county
in which the defendant was sentenced.
(3) A petition under this section shall allege that biological
material was collected and identified during the investigation of
the defendant's case. If the defendant, after diligent
investigation, is unable to discover the location of the identified
biological material or to determine whether the biological material
is no longer available, the defendant may petition the court for a
hearing to determine whether the identified biological material is
available. If the court determines that identified biological
material was collected during the investigation, the court shall
order appropriate police agencies, hospitals, or the medical
examiner to search for the material and to report the results of
the search to the court.
(4) The court shall order DNA testing if the defendant does
all of the following:
(a) Presents prima facie proof that the evidence sought to be
tested is material to the issue of the convicted person's identity
as the perpetrator of, or accomplice to, the crime that resulted in
the conviction.
(b) Establishes all of the following by clear and convincing
evidence:
(i) A sample of identified biological material described in
subsection (1) is available for DNA testing.
(ii) The identified biological material described in subsection
(1) was not previously subjected to DNA testing or, if previously
tested, will be subject to DNA testing technology that was not
available when the defendant was convicted.
(iii) The identity of the defendant as the perpetrator of the
crime was at issue during his or her trial.
(5) The court shall state its findings of fact on the record
or shall make written findings of fact supporting its decision to
grant or deny a petition brought under this section.
(6) If the court grants a petition for DNA testing under this
section, the identified biological material and a biological sample
obtained from the defendant shall be subjected to DNA testing by a
laboratory approved by the court. If the court determines that the
applicant is indigent, the cost of DNA testing ordered under this
section shall be borne by the state. The results of the DNA testing
shall be provided to the court and to the defendant and the
prosecuting attorney. Upon motion by either party, the court may
order that copies of the testing protocols, laboratory procedures,
laboratory notes, and other relevant records compiled by the
testing laboratory be provided to the court and to all parties.
(7) If the results of the DNA testing are inconclusive or show
that the defendant is the source of the identified biological
material, both of the following apply:
(a) The court shall deny the motion for new trial.
(b) The defendant's DNA profile shall be provided to the
department of state police for inclusion under the DNA
identification profiling system act, 1990 PA 250, MCL 28.171 to
28.176.
(8) If the results of the DNA testing show that the defendant
is not the source of the identified biological material, the court
shall
appoint counsel pursuant to MCR 6.505(a) 6.505(A) and hold a
hearing to determine by clear and convincing evidence all of the
following:
(a) That only the perpetrator of the crime or crimes for which
the defendant was convicted could be the source of the identified
biological material.
(b) That the identified biological material was collected,
handled, and preserved by procedures that allow the court to find
that the identified biological material is not contaminated or is
not so degraded that the DNA profile of the tested sample of the
identified biological material cannot be determined to be identical
to the DNA profile of the sample initially collected during the
investigation described in subsection (1).
(c) That the defendant's purported exclusion as the source of
the identified biological material, balanced against the other
evidence in the case, is sufficient to justify the grant of a new
trial.
(9) Upon motion of the prosecutor, the court shall order
retesting of the identified biological material and shall stay the
defendant's motion for new trial pending the results of the DNA
retesting.
(10) The court shall state its findings of fact on the record
or make written findings of fact supporting its decision to grant
or deny the defendant a new trial under this section.
Notwithstanding section 3 of this chapter, an aggrieved party may
appeal the court's decision to grant or deny the petition for DNA
testing and for new trial by application for leave granted by the
court of appeals.
(11) If the name of the victim of the felony conviction
described in subsection (1) is known, the prosecuting attorney
shall give written notice of a petition under this section to the
victim. The notice shall be by first-class mail to the victim's
last known address. Upon the victim's request, the prosecuting
attorney shall give the victim notice of the time and place of any
hearing on the petition and shall inform the victim of the court's
grant or denial of a new trial to the defendant.
(12) The investigating law enforcement agency shall preserve
any biological material identified during the investigation of a
crime or crimes for which any person may file a petition for DNA
testing under this section. The identified biological material
shall be preserved for the period of time that any person is
incarcerated in connection with that case.
