The Senate Corrections and Criminal Law Committee heard HB 1144 on evidence preservation requirements sponsored by Sen. M. Young and Sen. Koch. The author, Rep. Steuerwald, introduced the bill which establishes 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 period of the defendant’s incarceration or 20-years from the date a defendant’s conviction becomes final, whichever is later. The amendment also explains the process for disposition of DNA evidence and requires notice to be provided to a defendant before destruction.
The Indiana Prosecuting Attorneys Council, State Public Defender’s Office, and the IU McKinney School of Law Wrongful Conviction Clinic testified in support of the bill. The amended bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1144