§844D-121 - Petition for post-conviction DNA testing.

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]