18-1-1102. Scope.
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/co/title-18-criminal-code/article-1-provisions-applicable-to/18-1-1102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The provisions of this part 11 shall apply to the preservation of DNA evidence only when:
(a)The investigation of a felony does not result in or has not resulted in charges being filed; or
(b)The filed charges resulted in a conviction for a class 1 felony or for a sex offense that carries an indeterminate sentence pursuant to section 18-1.3-1004; or
(c)The filed charges resulted in a conviction for a felony not covered by paragraph
(b)of this subsection (1); or
(d)The filed charges resulted in a conviction for any offense not covered by paragraphs
(b)and
(c)of this subsection (1), and at least one of the charges filed involved a sex offense as defined in section 18-1.3-1003 (5).
(2)For purposes of subsection
(1)of this section, conviction shall include a verdict of guilty by a judge or jury, a plea of guilty or nolo contendere, or a deferred judgment and sentence. For purposes of paragraph
(d)of subsection
(1)of this section, conviction shall also include a juvenile delinquent adjudication or deferred adjudication.
(3)This part 11 does not impose a statutory duty to retain or store evidence other than in the situations described in this section.