After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that:
- A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;
- The evidence is still in existence and in such a condition that DNA analysis may be conducted;
- The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
- The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.