- A person who was convicted of and sentenced for an offense may file a written petition with the sentencing court to require the DNA testing and analysis of any evidence that meets the following criteria:
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(1) The evidence is in the possession or control of a court, the Territory or otherwise contained in the Virgin Islands DNA database established under law;
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(2) The evidence is related to the investigation or prosecution that resulted in the person’s conviction; and
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(3) The evidence may contain biological matter that is subject to DNA testing and analysis.
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