AN ACT TO CLARIFY THAT FOR A JUDGE TO GRANT POSTCONVICTION DNA TESTING THE JUDGE MUST DETERMINE THAT A FAVORABLE RESULT FROM THE REQUESTED DNA TEST WOULD SUPPORT THE DEFENDANT'S INNOCENCE CLAIM AND TO MODIFY WHICH JUDGE SHALL HEAR CERTAIN MOTIONS FOR APPROPRIATE RELIEF AFTER A CLAIM OF INNOCENCE IS DENIED BY A THREE-JUDGE PANEL.
Senate amendment #3 makes the following changes to the 1st edition, as amended.
Further amends GS 15A-269(b), requiring a court to grant a motion for postconviction DNA testing and run DNA profiles upon determining, among other required findings, that if the DNA testing being requested had been conducted on the evidence with favorable results, those results would give support to the defendant's innocence claim (was, there exists a reasonable probability that the verdict would have been different). Makes conforming changes to the act's long title.
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