Evidence testing measure amended, advanced

A bill was amended and advanced from select file March 12 that would allow incarcerated individuals to request that a court reconsider evidence used in their trials.

Introduced by Sen. Patty Pansing Brooks of Lincoln, LB245 would allow a person in custody to request DNA testing of previously tested material if current technology could provide more accurate or probative results. Currently material can be retested only if a court determines that such forensic testing did not exist at the time of the trial.

The bill was amended on general file to include provisions of LB244, also introduced by Pansing Brooks, to allow for the filing of motions for new trials whenever new non-DNA evidence is discovered.

Omaha Sen. Burke Harr offered an amendment, adopted 27-0, that would allow courts to dismiss a motion for a new trial without a hearing based on the effectiveness of the evidence.

“We don’t want open floodgates so far that we waste court time or have a bunch of motions for new trials,” Harr said.

Senators advanced the amended bill to final reading on a voice vote.