18-1-413. Content of application for DNA testing.
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/co/title-18-criminal-code/article-1-provisions-applicable-to/18-1-413·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The court shall order DNA testing if:
(a)It finds a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution;
(b)It finds by a preponderance of the evidence that a law enforcement agency collected biological evidence pertaining to the offense;
(I)It finds by a preponderance of the evidence that DNA results were not available prior to the petitioner's conviction or, if previously available and tested, the evidence can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results; or
(II)The petitioner did not secure the requested DNA testing prior to the petitioner's conviction because DNA testing was not reasonably available or for reasons that constitute justifiable excuse, ineffective assistance of counsel, or excusable neglect; and
(d)The petitioner consents to provide a biological sample for DNA testing.
(2)A petitioner may only file a subsequent petition with new grounds for relief not raised in the prior petition if the petitioner exercised due diligence to raise all viable claims at the time of the initial petition or if the petitioner was not granted a hearing on the initial petition and
the subsequent petition raises viable grounds for relief. If the court determines these criteria are satisfied, the court may consider the subsequent petition if the petitioner establishes good cause why a successive petition should be considered or the court finds that the interests of justice so require. If the court considers the subsequent petition, the court shall determine whether to grant the petition pursuant to subsection
(1)of this section.