STATE-PAID DNA TESTING | Who can qualify Under a bill to make permanent a two-year program for state-paid DNA tests to seek exonerating evidence, an inmate must meet five conditions to qualify:
No definitive DNA test was done during the investigation or trial (or new technology would allow getting information not available at the time of conviction).
There is still DNA from the crime scene to test.
The inmate pleaded innocent, or if the inmate pleaded guilty or no contest, a prosecutor has OK'd seeking the test.
At least one year remains on the inmate's prison sentence.
The inmate shows that favorable test results, when included with other evidence in the case, would result in a reasonable jury's acquitting the inmate.
The bill's sponsor is seeking to amend the last item to say a jury would have a high probability of acquitting, instead of proving no reasonable jury would convict the inmate in any situation.