PRINTER'S NO. 2087
No. 1495 Session of 2000
INTRODUCED BY GREENLEAF, HELFRICK, JUBELIRER, O'PAKE, LEMMOND,
BOSCOLA, BRIGHTBILL, GERLACH, KUKOVICH, WHITE, CONTI, HUGHES,
TARTAGLIONE, THOMPSON AND WAUGH, JULY 13, 2000
REFERRED TO JUDICIARY, JULY 13, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing procedure for murder of the first degree.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9711 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 9711. Sentencing procedure for murder of the first degree.
9 * * *
10 (p) Forensic DNA test.--
11 (1) At any time after a sentence of death is entered, a
12 defendant may make a motion before the trial court that
13 entered the death sentence requesting that a forensic
14 deoxyribonucleic acid (DNA) test be performed on specified
15 evidence that was secured in connection with the trial that
16 resulted in the death sentence. Reasonable notice of the
17 motion shall be served upon the attorney for the
18 Commonwealth.
1 (2) The defendant must present a prima facie case that
2 identity was the issue in the trial that resulted in the
3 conviction.
4 (3) The trial court shall allow the forensic DNA test to
5 be performed under reasonable conditions designed to protect
6 the Commonwealth's interests in the integrity of the evidence
7 and the testing process upon a determination that:
8 (i) The result of the test has the scientific
9 potential to produce new, noncumulative evidence
10 materially relevant to the defendant's assertion of
11 actual innocence.
12 (ii) The test requested employs a scientific method
13 generally accepted within the relevant scientific
14 community.
15 Section 2. This act shall take effect immediately.
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