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Legislative Intent Service, Inc. News & Notes

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

LEGISLATIVE INTENT SERVICE, INC.

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 LIS NEWS AND NOTES

 

Multi-State DNA Laws:  The use of DNA [“deoxyribonucleic acid”] as evidence in criminal trials was brought to the public’s intense and graphic attention 20 years ago during the O.J. Simpson trial.  Over the next two decades, its prominence as an evidentiary tool has gained a strong and broad foothold in states’ criminal justice systems because DNA testing in today's forensic genetics laboratories is highly automated, highly reproducible, and the variation detected is capable of potentially matching the DNA profile at a crime scene to one individual in the world with significant statistical probability.  DNA is also very tough stuff – it resists degradation, even in old crime scene materials, and when it does degrade it simply breaks down, leaving no chance that the degraded DNA from one person could mistakenly resemble the DNA of another person. 

States’ legislatures enacted laws to regulate or address such areas as the accreditation of forensic laboratories, collection of DNA samples from arrestees, convicted offender DNA statutes, DNA database systems, forensic oversight, and post-conviction DNA motions.  To demonstrate the different approaches enacted by states allowing in DNA evidence, here are examples of five states’ approaches in two areas:  1) collection of DNA samples from arrestees and 2) post-conviction DNA motions: 

  • California:  Under Penal Code § § 296, 296.1 and 299, any adult arrested or charged with any felony offense, as well as any juvenile convicted of or pleads guilty or no contest to any felony offense, must submit a DNA sample.  Penal Code § 1405 provides that anyone convicted of a felony and currently is serving a term of imprisonment can formally move for DNA testing.  The request must include the person's statement that he or she was not the perpetrator of the crime and that DNA testing is relevant to his or her assertion of innocence; explain how DNA testing will raise a reasonable probability that the convicted person's verdict or sentence would be more favorable if the results of DNA testing had been available at the time of conviction; and the testing must be conducted by a laboratory mutually agreed upon by the district attorney in a non-capital case, or the attorney general in a capital case, and the person filing the motion. 
  • Virginia:  Va. Code § 19.2-310.2:1 provides that after determination by a magistrate or a grand jury that probable cause exists for the arrest, everyone arrested for committing or attempting to commit a violent felony or sexual or theft crime must submit a DNA sample for analysis prior to release from custody.  Under Va. Code § 19.2-327.1,  any person convicted of a felony can, by motion to the circuit court that entered the original conviction, apply for a new scientific investigation of any human biological evidence related to the case that resulted in the felony conviction, if:  (i) the evidence was not known or available at the time the conviction or adjudication of delinquency became final in the circuit court or the evidence was not previously subjected to testing because the testing procedure was not available at the Department of Forensic Science at the time the conviction or adjudication of delinquency became final in the circuit court; (ii) the evidence is subject to a chain of custody sufficient to establish that the evidence has not been altered, tampered with, or substituted in any way; (iii) the testing is materially relevant, noncumulative, and necessary and may prove the actual innocence of the convicted person or the person adjudicated delinquent; (iv) the testing requested involves a scientific method employed by the Department of Forensic Science; and (v) the person convicted or adjudicated delinquent has not unreasonably delayed the filing of the petition after the evidence or the test for the evidence became available at the Department of Forensic Science.
  • South Dakota:  Under S.D. Codified Laws Ann. §§23-5A-5.2,5A-1, anyone age 18 or older who is arrested for a qualifying offense, such as a felony, crime of violence, or sex crime, must provide a DNA sample upon booking or as determined by the supervising agency unless the sample was already included in the state DNA database.  S.D. Codified Laws Ann. §23-5B-1 provides that any person convicted of a felony offense can apply for post-conviction DNA testing, after exhausting other state and federal appeals.  Testing will be approved only if results could establish the petitioner’s actual innocence, and prosecutors must take reasonable actions to preserve evidence after a petitioner files for DNA testing.  While the court cannot appoint counsel for an indigent petitioner under the act, it can refer requests for DNA testing to independent organizations.
  • Illinois:  Ill. Rev. Stat. Ch. 725, §5/116-3 - A defendant can make a motion before the trial court that entered the judgment of conviction in his or her case for the performance of fingerprint, integrated ballistic identification system, or forensic DNA testing, including comparison analysis of genetic marker groupings of the evidence collected by criminal justice agencies pursuant to the alleged offense.
  • Minnesota:  Minn. Stat. § 299C.105 - Sheriffs, peace officers and community corrections agencies that operate secure juvenile detention facilities must take DNA samples from those who have appeared in court and have had a judicial probable cause determination for charges of committing murder under manslaughter, assault, robbery, aggravated robbery, kidnapping  false imprisonment under section, criminal sexual conduct under section, incest under section, burglary indecent exposure, patterned sex offenders, or juveniles who have committed a certain crime. Those who collect the required biological specimens must be trained to bureau-established standards in the proper method of collecting and transmitting biological specimens. A law enforcement officer who seeks to collect a biological specimen from a juvenile pursuant to subdivision 1 must notify the juvenile's parent or guardian before collecting the biological specimen.  Minn. Stat. §§590.01 through .06 - Post-Conviction Remedies:  Any person convicted of a crime who claims innocence can file for post-conviction DNA testing within two years of conviction and may commence a proceeding to secure relief by filing a petition in the district court in the county in which the conviction was had to vacate and set aside the judgment and to discharge the petitioner or to resentence the petitioner or grant a new trial or correct the sentence or make other disposition as may be appropriate. A petition for postconviction relief after a direct appeal has been completed may not be based on grounds that could have been raised on direct appeal of the conviction or sentence.

 

Legislative Intent and History Research:  Recently, a client informed LIS of winning multiple million dollar judgments in cases that were assisted by our legislative intent materials.  When we hear from clients about their successes, they tell us how their winning litigation strategies included the legislative history documents that we provided to them.  There is no question that practicing attorneys cannot afford to overlook legislative intent either in case preparation or defense.

Legislative intent refers to the purpose for which a legislative body drafts a law, whether Congress, a state legislature, an agency, a local entity, or the electorate.  Legislative intent has been described as the “vital part, heart, soul and essence of statutory law; the guiding star in the interpretation of a statute.”  (Ballentine’s 3d edition)  The legislative purpose or goal can be identified only by examining the documents generated during legislative consideration of the bill or regulation.

Recognizing the value of this kind of information to the courts, states’ statutes have declared in its code of civil procedure:  “In the construction of a statute, the intention of the Legislature . . . is to be pursued, if possible.” (See California CCP § 1859) The courts have followed through with this approach as demonstrated in the points and authorities published up at the website for LIS citing to over 1,000 cases relating to legislative history and intent documents. 

 

Three Free Self-Study MCLEs:  LIS now offers THREE California State Bar approved self-study exams on the separate subjects of legislative process (1 hr.), the California Public Records Act of 1968 (1 hr.) and legal ethics (1 hr. ethics!).  These free exams are easily available 24/7 at our website for your convenience and will help you meet your State Bar MCLE compliance.  In a timely manner, we will correct the exams and provide you with your State Bar approved certificates electronically. 

 

LIS 40th Anniversary:  With 2014 marking Legislative Intent Service, Inc. ’s 40th year in business, LIS has been in the business of researching legislative history and intent longer than any other private research law firm in California. Many of our long-term clients can look back to our earlier days because they still have our research binders available to their attorneys on their office and library shelves. Now, with pdf delivery of documents, our clients have their legislative history research needs met quickly and completely without copying or scanning charges!

LIS provides excellence in research built upon these four decades of experience, leading to an unparalleled expertise in legislative intent, history and research by our staff attorneys and researchers.  Our firm researches all 50 states’ and federal bills. We also research state and federal regulations and California’s Industrial Welfare Commission. Visit our website to learn more about how our legislative research, whether custom or online store , can help you win your case!

 

Free Quotes:   Need legislative intent and history research?  We’ll provide you with a free email quote, M-F, within one to three hours.  Fill out the “Contact” form at our website or simply reply to this email or call us directly at 1-800-666-1917. 

 

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