The House Courts and Criminal Code Committee heard HB 1144 on evidence preservation requirements authored by Rep. Steuerwald.Thebillestablishes additional requirements for the disposition of property held as evidence that may contain biological evidence related to an offense, including matters involving postconviction DNA testing and analysis. The bill requires that all evidence for a violent offense (as defined in Ind. Code § 11-12-3.7-6) in the law enforcement agency’s possession or control that could be subjected to DNA testing and analysis shall be preserved by the law enforcement agency for twenty (20) years from the date the defendant’s conviction becomes final. The bill was amended by consent to mandate preservation for the life of the sentence as opposed to 20-years, explain the process for disposition of DNA evidence, and to provide a notice requirement before destruction to defendants.
The Indiana Prosecuting Attorneys Council, Innocence Project, State Public Defender’s Office, and the Indiana Public Defender Council testified in support of the bill. The amended bill passed 11-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1144