§ 10-9.1-12 - Innocence protection – DNA testing of evidence.
SECTION 10-9.1-12
§ 10-9.1-12 Innocence protection –DNA testing of evidence. – (a) Mandatory testing. After notice to the prosecution and a hearing, ajustice of the superior court shall order testing after finding that:
(1) A reasonable probability exists that petitioner would nothave been prosecuted or convicted if exculpatory results had been obtainedthrough DNA testing.
(2) The evidence is still in existence and is capable ofbeing subjected to DNA testing.
(3) The evidence, or a specific portion of the evidenceidentified by the petitioner, was never previously subjected to DNA testing; orthat the testing requested by the petitioner may resolve an issue that wasnever previously resolved by previous testing.
(4) The petition before the Superior Court was filed in orderto demonstrate the petitioner's innocence and not to delay the administrationof justice.
(b) Discretionary testing. After notice to theprosecution and a hearing, a justice of the superior court may order testingafter finding that:
(1) A reasonable probability exists that the requestedtesting will produce DNA results which would have altered the verdict orreduced the petitioner's sentence if the results had been available at theprior proceedings leading to the judgment of conviction.
(2) The evidence is still in existence and is capable ofbeing subjected to DNA testing.
(3) The evidence, or a specific portion of the evidenceidentified by the petitioner was never previously subjected to DNA testing; orthat the testing requested by the petitioner may resolve an issue that wasnever previously resolved by previous testing.
(4) The petition before the superior court was filed in orderto demonstrate the petitioner's innocence and not to delay the administrationof justice.
(c) Costs. Unless the justice hearing the motion findsthat the defendant has the present ability to pay the costs associated with DNAtesting, the justice shall order that the state of Rhode Island pay for thecosts of the DNA testing ordered under this chapter. Unless good cause isshown, all testing ordered under this section shall be conducted by the RhodeIsland department of health.