HB 23-1034 CO

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Became Law

Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense (eligible person). The act allows an eligible person to apply for postconviction DNA testing: To show a reasonable probability that the person would not have been convicted; or If evidence was previously available and tested and the evidence now can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results. The act permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution. The act allows a court to consider a subsequent petition with new or different grounds for relief if the petitioner establishes good cause or the interests of justice so require. If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The act requires the district attorney to notify the victim of the hearing at which the victim can appear. APPROVED by Governor March 10, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)

• Lindsey Daugherty Democratic · primary
• Matt Soper Republican · primary
• Julie Gonzales Democratic · primary
• Cleave Simpson Republican · primary

1. Mar 10, 2023 Governor Signed · executive
2. Mar 1, 2023 Sent to the Governor · executive
3. Mar 1, 2023 Signed by the President of the Senate · upper
4. Mar 1, 2023 Signed by the Speaker of the House · lower
5. Feb 22, 2023 Senate Third Reading Passed - No Amendments · upper
6. Feb 21, 2023 Senate Second Reading Passed - No Amendments · upper
7. Feb 15, 2023 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole · upper
8. Feb 8, 2023 Introduced In Senate - Assigned to Judiciary · upper
9. Feb 7, 2023 House Third Reading Passed - No Amendments · lower
10. Feb 6, 2023 House Second Reading Passed with Amendments - Committee · lower
11. Jan 31, 2023 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
12. Jan 9, 2023 Introduced In House - Assigned to Judiciary · lower