wa-law.org > bill > 2025-26 > SB 5934 > Original Bill
The legislature finds that:
Postconviction DNA testing of crime scene evidence has led to the exoneration of hundreds of innocent people who were wrongly convicted in the United States since 1989, including in Washington state;
In about half of these cases, the evidence that exonerated the innocent person also identified and supported the conviction of the actual perpetrator of that crime;
Opposition to postconviction DNA testing causes an unnecessary expenditure of time and resources from the courts, defense, prosecutors, and crime lab personnel; and
Public safety, government transparency, and the public's interest in responsible use of taxpayer funds are all best served when criminal cases are evaluated with a full understanding of the evidence, including results obtained from testing evidence collected in connection with the case.
The legislature therefore intends to expand access to DNA testing by establishing a presumption that postconviction DNA testing will be conducted when it is requested by a convicted person and the test results could support that person's claim that they are innocent of the crime.
A person convicted of a felony in a Washington state court who currently is serving a term of imprisonment may submit to the court that entered the judgment of conviction a verified written motion requesting DNA testing, with a copy of the motion provided to the state office of public defense.
The motion shall:
State that:
The court ruled that DNA testing did not meet acceptable scientific standards; or
DNA testing technology was not sufficiently developed to test the DNA evidence in the case; or
The DNA testing now requested would be significantly more accurate than prior DNA testing or would provide significant new information;
Explain why DNA evidence is material to the identity of the perpetrator of, or accomplice to, the crime, or to sentence enhancement; and
Comply with all other procedural requirements established by court rule.
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The court shall grant a motion requesting DNA testing under this section if such motion is in the form required by subsection (2) of this section, unless the state has shown by clear and convincing evidence that the DNA evidence could not demonstrate a likelihood of innocence . In evaluating whether the state has met its burden by clear and convincing evidence, the court shall presume the test results most favorable to the convicted person in light of the evidence presented at trial.
The court shall grant a motion requesting DNA testing under this section if the state does not oppose the motion within 30 days.
A court order or request for laboratory examination authorizing DNA testing does not indicate any position of the court or any party regarding the legal significance of the DNA test results.
Upon written request to the court that entered a judgment of conviction, a convicted person who demonstrates that he or she is indigent under RCW 10.101.010 may request appointment of counsel solely to prepare and present a motion under this section, and the court, in its discretion, may grant the request. Such motion for appointment of counsel shall comply with all procedural requirements established by court rule.
When a motion is granted under this section or pursuant to a request for laboratory examination, the convicted person is entitled to discovery consistent with the laws and court rules that apply at trial.
DNA testing ordered under this section shall be performed or contracted to be performed by the Washington state patrol crime laboratory. Contact with victims shall be handled through victim/witness divisions.
Biological material that has been secured in connection with a criminal case, or evidence samples taken from that biological material sufficient for testing, must be preserved in accordance with chapter 5.70 RCW, a sentencing court's order, and in accordance with any court rule adopted for the preservation of evidence.