Sec. 54-102jj. Preservation of biological evidence.
Sec. 54-102jj. Preservation of biological evidence. (a) For the purposes of this
section and section 54-102kk:
(1) "DNA testing" means forensic deoxyribonucleic acid testing; and
(2) "Agent" means a person, firm or corporation to whom the state police or a local
police department entrusts or delivers evidence to undergo DNA testing.
(b) Upon the conviction of a person of a capital felony or the conviction of a person
of a crime after trial, or upon order of the court for good cause shown, the state police,
all local police departments, any agent of the state police or a local police department
and any other person to whom biological evidence has been transferred shall preserve
all biological evidence acquired during the course of the investigation of such crime for
the term of such person's incarceration.
(c) The state police, a local police department, an agent or any person to whom
biological evidence has been transferred may be relieved of the obligation to preserve
biological evidence as provided in subsection (b) of this section by applying to the court
in which the defendant's case was prosecuted for permission to destroy such biological
evidence. Upon receipt of the application, the court shall give notice to all defendants
charged in connection with the prosecution and shall hold a hearing. After such hearing,
the court shall grant the application if it finds that the Connecticut Supreme Court has
decided the defendant's appeal and the defendant does not seek further preservation of
the biological evidence, or for good cause shown.
(P.A. 03-242, S. 6.)