Amends TCA Title 40, Chapter 30.

This bill: (1) Requires law enforcement agencies, whenever new evidence deemed potentially exculpatory by the chief law enforcement officer of the agency is discovered, to report the evidence to the district attorney currently serving in the jurisdiction in which the case was prosecuted, the trial court in which the conviction was obtained, the individual convicted in the case, and the individual's attorney, if applicable, within 30 days of discovery; and (2) Creates a method for a petitioner convicted of certain offenses to petition for fingerprint analysis of certain evidence, as discussed below. This bill allows a person convicted of and sentenced for the commission of first degree murder, second degree murder, aggravated rape, rape, aggravated sexual battery or rape of a child, the attempted commission of any such offenses, any lesser included offense of such offenses, or at the direction of the trial judge, any other offense, to petition for fingerprint analysis of any evidence that: (1) Is in the possession or control of the prosecution, law enforcement, laboratory, or court; (2) Is related to the investigation or prosecution that resulted in the judgment of conviction and may contain fingerprint evidence; and (3) May contain fingerprint evidence. This bill provides that, after notice to the prosecution and an opportunity to respond, the court: (1) Must order a fingerprint analysis and payment if necessary, if it finds that: (A) A reasonable probability exists that the petition would not have been prosecuted or convicted if exculpatory results have been obtained through fingerprint analysis; (B) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted; (C) The evidence was never previously subjected to: fingerprint analysis; the analysis that is now requested which could solve an issue not resolved by previous analysis; or testing and the person making the motion under this bill requests testing that uses a new method or technology that is substantially more probative than the prior testing; and (D) The application for analysis is made for the purpose of demonstrating innocence and not unreasonably delay the execution of sentence or administration of justice; and (2) May order fingerprint analysis if it finds that a reasonable probability exists that analysis of the evidence will produce fingerprint results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction and that the circumstances described above in (1)(B)-(D) exist. If issuing an order under this item (2), the court may require the petitioner to pay for the analysis. If an order is issued requiring fingerprint analysis be paid on behalf of a petitioner pursuant to this bill, then payment must be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. Under this bill, if evidence has previously been subjected to fingerprint analysis, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the fingerprint analysis, as well as underlying data and laboratory notes. If any fingerprint or other evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis must be revealed in the motion for analysis or response, if any. If the court orders a fingerprint analysis in connection with a proceeding under this bill, the court must: (1) Order the production of any laboratory reports prepared in connection with the fingerprint analysis and may, in its discretion, order production of the underlying data and laboratory notes; and (2) Select the laboratory used by the original investigating agency if such laboratory is capable of performing the required analysis or select a laboratory it deems appropriate if the laboratory used by the original investigating agency is not capable of performing the required analysis. This bill provides that when the petition is not summarily dismissed, the court must order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to fingerprint analysis be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation. Under this bill, the court must: (1) Dismiss the petition and make further orders as appropriate if the results of the fingerprint analysis are not favorable to the petitioner; or (2) Order a hearing, notwithstanding any provisions of law or rule of court that would bar the hearing as untimely, and make orders as required or permitted by the Rules of Criminal Procedure or the Post-Conviction Procedure Act if the results of the fingerprint analysis are favorable to the petitioner. This bill also authorizes the court to: (1) Appoint counsel for an indigent petitioner at any time during the proceedings instituted under this bill; (2) Make such other orders, in its discretion, as may be appropriate. ON APRIL 27, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 448, AS AMENDED. AMENDMENT #1 defines "fingerprint analysis", for purposes of this bill, to mean the processes through which fingerprints are analyzed and compared for identification purposes, including, but not limited to, latent print comparisons and searches in fingerprint databases. This amendment authorizes any appropriate party to petition for the performance of fingerprint analysis pursuant to this bill. This amendment defines "any appropriate party" to mean: (1) A court on its own motion; (2) A district attorney general; or (3) A person convicted of and sentenced for the commission or attempted commission of: (A) First degree murder; (B) A Class A felony; (C) A Class B felony; (D) Any lesser included offense of an offense in (A)-(C); or (E) Any other offense, at the direction of the court. This amendment adds that, in cases where a court orders fingerprint analysis due to a probability that the results would have resulted in a more favorable verdict or sentence, a petitioner who is determined to be indigent will not be ordered to pay the costs of the analysis.