BILL NUMBER: SB 1342	AMENDED
	BILL TEXT

	AMENDED IN SENATE   FEBRUARY 10, 2000

INTRODUCED BY   Senator Burton
    (Coauthor: Assembly Member Baugh) 
    (Principal coauthor:  Assembly Member Villaraigosa) 
    (Coauthors:  Senators Alarcon, Alpert, Figueroa, Johnson,
Lewis, Murray, Polanco, Speier, and Vasconcellos) 
    (Coauthors:  Assembly Members Ackerman, Alquist, Baugh, Bock,
Campbell, Cardenas, Cardoza, Cox, Dutra, Keeley, Knox, Kuehl, Leach,
Longville, Mazzoni, Migden, and Washington) 

                        JANUARY 10, 2000

   An act to add Section 1405 to the Penal Code, relating to forensic
testing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1342, as amended, Burton.  Forensic testing:  post conviction.
   Existing law authorizes the defendant in a criminal case to file a
motion for a new trial upon specified grounds including, but not
limited to, the discovery of new evidence that is material to the
defendant, and which could not, with reasonable diligence, have been
discovered and produced at the trial.
   This bill would grant to a defendant who was convicted in a
criminal case, the right to file a motion after entry of judgment of
conviction for the performance of  fingerprint or 
forensic DNA testing on evidence that is relevant to the charges that
resulted in the conviction but was not subject to testing, upon
specified conditions, if the evidence or the technology for testing
that evidence was not available to the defendant at the time of
trial.  The bill would require that reasonable notice of the motion
be served upon the Attorney General.  By increasing the duties of
local officials, this bill would impose a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1405 is added to the Penal Code, to read:
   1405.  (a) A defendant who was convicted in a criminal case, may
make a motion before the trial court that entered the judgment of
conviction in his or her case for performance of  fingerprint
or  forensic DNA testing on evidence that is relevant to
the charges that resulted in his or her conviction or sentence, but
which was not tested because either the evidence or the technology
for the forensic testing of the evidence was not available to the
defendant at the time of trial.  Reasonable notice of the motion
shall be served upon the Attorney General.
   (b) If the defendant presents a prima facie case that identity was
a significant issue at the trial that resulted in his or her
conviction, the court shall allow the testing under reasonable
conditions designed to protect the people's interests in the
integrity of the evidence and the testing process upon a
determination of both of the following:
   (1) The result of the testing has the scientific potential to
produce new, noncumulative evidence that is material and relevant to
the defendant's assertion of innocence.
   (2) The testing requested employs a method generally accepted
within the relevant scientific community.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.