Criminal procedure: evidence.

Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. Existing law allows the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. Existing law requires the motion to be granted if certain facts have been established, including, among others, that the identity of the perpetrator of the crime was, or should have been, a significant issue in the case. This bill would authorize a party in a criminal action to make a written motion for the comparison of DNA evidence or latent fingerprint evidence with information contained in relevant databases. The bill would require the party seeking the comparison to provide written notice, as specified, 30 court days prior to a hearing on the motion. The bill would authorize the court to grant the motion if the source of the DNA profile or the latent fingerprint comparison is material to guilt or innocence. The bill would require the local law enforcement agency to conduct the comparison and provide the results of any comparison to the court for distribution to the parties. By imposing additional duties on local law enforcement agencies with regard to evidence comparison, 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. 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.