PART XI.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

PART XI. POST-CONVICTION DNA TESTING

§844D-121 Petition for post-conviction DNA testing. Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:

(1)Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;

(2)Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and

(3)May contain biological evidence. [L 2005, c 112, pt of §1; am L 2006, c 144, §4]