15. Report. Beginning January 2003 and annually thereafter, the Department of Public Safety shall report on post-conviction DNA analysis to the joint standing committee of the Legislature having jurisdiction over criminal justice matters. The report must include the number of postjudgment of conviction analyses completed, costs of the analyses and the results. The report also may include recommendations to improve the postjudgment of conviction analysis process.

16.__Successive motions.__If the petitioner has filed a prior motion under this chapter, the petitioner may file another motion that must be heard by the court if the petitioner asserts new or different grounds for relief, including, but not limited to, factual, scientific or legal arguments not previously presented or the availability of more advanced DNA analysis technology.

17.__Mutual consent to DNA analysis.__This section may not be construed to prohibit a convicted person and the State from consenting to and conducting postjudgment of conviction DNA analysis without filing a motion pursuant to this chapter.__The results of DNA analysis conducted pursuant to this subsection are governed by the provisions of subsections 8 and 10.

SUMMARY

This bill, modeled on the Innocence Project's model statute for obtaining postconviction DNA testing, amends the laws regarding postjudgment conviction motions for DNA analysis in the following ways:

1. It allows a motion to be brought at any time by any convicted person, regardless of whether the person is incarcerated and the length of the sentence of incarceration;

2. It allows the motion to be brought before any judge or justice, not just the judge or justice who imposed the sentence;

3. It provides a time limit for the State to respond to the motion and for the court to hear the motion;

4. It requires the State or law enforcement agency to preserve all evidence in the State's or law enforcement agency's possession or control for the period of time that a person remains incarcerated, on probation, civilly committed or subject to registration as a sex offender;