AB 2521: Criminal procedure: confidentiality and DNA testing.

Existing law, in the trial of a capital case or specified murder cases, authorizes an indigent defendant, through the defendants counsel, to request the court for funds for the specific payment of investigators, experts, and others for preparation or presentation of the defense. Existing law requires the fact that an application has been made to be confidential and the contents of the application to be confidential. Existing law provides that this confidentiality does not preclude any court from providing the Attorney General with access to documents protected by these provisions when the defendant raises an issue on appeal or collateral review where the recorded portion of the record relates to the issue raised.

This bill would, instead, provide that this confidentiality does not preclude any court from providing the prosecuting agency representing the state in the proceeding with that access.

Existing law authorizes a person who was convicted of a felony and is currently serving a term of imprisonment to make a written motion for performance of forensics deoxyribonucleic acid (DNA) testing. Existing law requires the DNA testing, if granted by the court, to be conducted by a laboratory that is mutually agreed upon by the district attorney in a noncapital case, and the Attorney General in a capital case, and the person filing the motion, as specified.

This bill would instead require that DNA testing to be conducted by a laboratory that is mutually agreed upon by the district attorney or Attorney General and the person filing the motion, regardless of the type of case.