Evidence testing measure passed

Incarcerated individuals can request that a court reconsider evidence used in their trials under a bill passed April 23.

Introduced by Sen. Patty Pansing Brooks of Lincoln, LB245 allows a person in custody to request DNA testing of previously tested material if current technology could provide more accurate or probative results.

Previously, material could be retested only if a court determined that such forensic testing did not exist at the time of the trial.

The bill permits the filing of motions for new trials whenever new non-DNA evidence is discovered and allows courts to dismiss a motion for a new trial without a hearing based on the effectiveness of the evidence. The measure also allows courts to prohibit the filing of a motion for a new trial more than five years after a verdict unless the new evidence is determined to be substantial enough to have possibly caused a different verdict.

Senators passed the bill on a 42-4 vote.