§ 40-30-301. Short Title
This part shall be known and may be cited as the “Post-Conviction DNA Analysis Act of 2001.”
§ 40-30-302. “Dna Analysis” Defined
As used in this part, unless the context otherwise requires, “DNA analysis” means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
§ 40-30-303. Petition Requesting Analysis
Notwithstanding part 1 of this chapter, or any other provision of law governing post-conviction relief to the contrary, a person convicted of and sentenced for the commission of first degree murder, second degree murder, aggravated rape, rape, aggravated sexual battery or rape of a child, the attempted commission of any of these offenses, any lesser […]
§ 40-30-304. Court Order if Probable That Exculpatory Results Would Not Have Resulted in Prosecution or Conviction
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 […]
§ 40-30-305. Court Order if Probable That Results Would Have Resulted in a More Favorable Verdict or Sentence
After notice to the prosecution and an opportunity to respond, the court may order DNA analysis if it finds that: A reasonable probability exists that analysis of the evidence will produce DNA results that would have rendered the petitioner’s verdict or sentence more favorable if the results had been available at the proceeding leading to […]
§ 40-30-306. Payment for Analysis
In the case of an order issued pursuant to § 40-30-304, the court shall order the analysis and payment, if necessary. In the case of an order under § 40-30-305, the court may require the petitioner to pay for the analysis.
§ 40-30-307. Appointment of Counsel for Indigents
The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner.
§ 40-30-308. Court Order for Production of Laboratory Reports, Underlying Data and Notes
If evidence has previously been subjected to DNA analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If any DNA […]
§ 40-30-309. Preservation of Evidence During Pendency of Proceeding — Sanctions
When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to DNA analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate […]
§ 40-30-310. Laboratory Standards
If the court orders analysis, it shall select a laboratory that meets the standards adopted pursuant to the DNA Identification Act of 1994 (42 U.S.C. § 14131 et seq.).
§ 40-30-311. Orders in Discretion of Court
The court may, in its discretion, make such other orders as may be appropriate.
§ 40-30-312. Analysis Results — Dismissal of Petition — Order for Hearing
If the results of the post-conviction DNA analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction DNA analysis are favorable, the court shall order a hearing, notwithstanding any provisions of law or rule of court that would […]
§ 40-30-313. Payment for Analysis
If an order is issued requiring a DNA analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants’ counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the […]