Under a new law signed by Washington Governor Jay Inslee last week, DNA evidence collected in any serious felony case charged as a violent or sex offense will now be preserved through the length of the offender’s sentence, including post-prison community custody. Before the law’s passing, defendants were required to file motions post-conviction to have biological evidence preserved for use if seeking appeals. According to Innocence Project Northwest’s Policy Director Lara Zarowsky, oftentimes DNA evidence has already been destroyed in their clients’ cases, due to differing preservation rules across the state of Washington. “This bill will hopefully result in us being able to find the truth in these cases, and either affirm the original result or identify the actual perpetrator,” said Zarowsky.
Washington’s new evidence preservation law goes further than California’s by extending the preservation requirements through the offender’s post-prison community custody. In addition, according to NCIP Staff Attorney Melissa Dague O’Connell, who focuses on claims of innocence involving DNA evidence, there is a major loophole to the California DNA preservation statute under penal code section 1417.9. The loophole enables evidence-retaining agencies to dispose of DNA evidence before an inmate’s sentence is completely served if certain notice requirements are met. O’Connell said there is a need for a uniform policy nationwide regarding DNA evidence preservation, to reduce the disparity of varying state laws and promote best practices.
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