March 10, 2009
Creates SDCL chapter 23-5B establishing South Dakota's postconviction DNA testing procedure; requires a court that entered a felony judgment of conviction to order DNA testing of specific evidence upon written motion where the petitioner asserts actual innocence under penalty of perjury, the conviction is final, state and federal collateral remedies are exhausted, the evidence was secured in the underlying investigation or prosecution and remains in state possession under an adequate chain of custody, the evidence was not previously tested (or a substantially more probative new method is proposed), good cause is shown for not requesting testing at trial, the proposed testing is reasonable in scope and scientifically sound, and identity was at issue; provides that the court shall grant a new trial if the results, considered with all other evidence, establish by compelling evidence that a new trial would result in acquittal; provides no basis for habeas relief.