STATE

Who Can Apply
For Testing?

Who Pays?

Preservation Required?

Fiscal Analysis of Preservation

Arizona

Convicted felons may request testing at any time

State, but court can order the petitioner to pay

Required during the pendency of the proceeding. allows court to order the state keep a sample for re-testing and requires that blood samples be preserved for 35 years

N/A

California

Incarcerated felons

State, but court can order the petitioner if able to pay

For time that offender remains incarcerated; entity has discretion to determine how to retain evidence; preservation portion of law is automatically repealed on 1/1/03

Quoted from fiscal note: "Potentially significant reimbursable local costs for evidence storage. Sheriff's offices and police departments differ in how long they store evidence, but most do not store evidence after appeals have been exhausted. By mandating storage, this bill creates annual costs that could be in the range of $1 million. For example, if Los Angeles City and County each have to purchase refrigeration units for biological evidence and rent additional storage facilities, the annual cost could exceed $200,000. Extrapolating statewide, the cost could reach $1 million since individual departments maintain their own facilities."

Connecticut

All offenders seeking a new trial based on newly discovered DNA evidence

N/A

N/A

N/A

Delaware

Anyone convicted of a crime may make motion within three years after judgement is final or, if judgment was final before 9/1/00, petitioner must file by 1/1/02

State, but court can order the petitioner if able to pay

N/A

N/A

Florida

Anyone tried and convicted of a crime may petition for testing if within two years of date of final judgment or date judgment is affirmed on appeal or by 10/1/03, whichever occurs later

State, but court can order the petitioner if able to pay

For non-capital cases, two years following date of final judgment or date judgment is affirmed on appeal; for capital cases, 60 days after execution of sentence

N/A

Idaho

Anyone convicted of a crime may request testing at any time; however, in capital cases, petition must be filed within 42 days of judgment or by 7/1/01 whichever is later

Petitioner, unless unable to pay

N/A

N/A

Illinois

Anyone convicted of a crime

N/A

At least seven years

N/A

Indiana

Certain convicted felons

Court will order payment responsibility

Retain during pendency of proceeding; court can order to keep a sample for re-testing

N/A

Louisiana

Convicted felons currently in custody may request testing by 8/30/05

Creates fund for indigent petitioners

In non-capital cases, preserve until 2005; for capital cases, preserve until execution of sentence

N/A

Maine

Anyone convicted of a crime; requires prosecutor to reopen case if test indicates innocence

N/A

N/A

N/A

Maryland

Certain felons incarcerated on or after effective date

Petitioner pays unless results are favorable to petitioner

In most cases, three years after imposition of sentence

Quoted from fiscal note: "It is expected that for most or all jurisdictions, the bill would require additional storage space, including refrigeration facilities for evidence such as DNA and blood samples. The expenses that would be incurred by law enforcement agencies for the additional storage facilities required by the bill cannot be reliably estimated, but it is expected that such expenses would be significant over time."

Michigan

Incarcerated felons convicted before the effective date may request testing by 1/1/06

Petitioner, unless unable to pay

Preserve during entire incarceration period

N/A

Minnesota

Anyone convicted of a crime

N/A

N/A

N/A

Missouri

Anyone in custody of DOC

N/A

N/A

N/A

Nebraska

Anyone in custody of DOC may request testing at any time

Petitioner unless unable to pay

Preserve during entire incarceration period

N/A

New Mexico

Anyone convicted of a crime may request testing prior to 7/1/02

Court may order petitioner to pay

N/A

N/A

New York

Anyone convicted of a crime before 1/1/96

N/A

N/A

N/A

North Carolina

Anyone convicted of a crime

Petitioner, unless unable to pay

Preserve sample of evidence for entire felony incarceration period; entity has discretion in how to store evidence; law applies to evidence in possession on or after 10/1/01

N/A

Oklahoma

Incarcerated, indigent felons can seek the assistance of the DNA Forensic Testing Program until 7/1/05

Indigent felons can take advantage of DNA Forensic Testing Program

Preserve evidence or representative sample of evidence from violent felonies for incarceration period

N/A

Oregon

Incarcerated for aggravated murder. A person not presently incarcerated for aggravated murder, murder or a sex offense must file motion within 48 months of the effective date

By petitioner if not incarcerated; if incarcerated, the petitioner pays if able

N/A

N/A

Tennessee

Anyone convicted of 1^st or 2^nd degree murder, aggravated rape, rape, aggravated sexual battery or at trial judge's discretion, any other offense, may petition at any time

State or the criminal injuries compensation fund on behalf of the petitioner

Preserve during pendency of proceeding

N/A

Texas

Anyone convicted of a crime

The state, unless a private lab not under contract is used

For non-capital cases, until the offender dies, completes the sentence or is released on parole; for capital cases, until the offender is executed, dies or is released on parole

Quoted from fiscal note: "The Texas Department of Criminal Justice would have costs related to staff time needed to reproduce, distribute, and store the required information. However, TDCJ estimates that this activity will not have any significant fiscal impact on agency operations."

Utah

Convicted felon may request testing at any time

Petitioner pays unless indigent, incarcerated or results are favorable to petitioner

After petition filed, agencies must cooperate to preserve evidence

N/A

Virginia

Convicted felons may motion to get testing for newly discovered evidence; incarcerated felons who plead not guilty or for any other person sentenced to death or convicted of certain felonies no matter the plea, may petition for a writ of actual innocence

N/A

In non-capital cases, offender must motion for preservation of evidence or representative sample of evidence; evidence is preserved for 15 years after conviction; in capital cases, evidence preserved until sentence is executed

N/A

Washington

Incarcerated felons may request testing by 12/3/04

N/A

Biological evidence can not be destroyed until 2005

N/A