844D-129 Appeal.
§844D-129 Appeal. In accordance with applicable rules of court, the defendant may appeal to the supreme court and intermediate court of appeals from an order denying a motion made pursuant to this part. [L 2005, c 112, pt of §1]
846-5 Reporting of dispositions.
§846-5 Reporting of dispositions. It shall be the responsibility of every criminal justice agency in this State to report to the data center the disposition of cases which enter their area in the administration of criminal justice to insure that all systems maintained in this State shall contain complete and accurate criminal history record information. […]
844D-130 Successive motions.
§844D-130 Successive motions. (a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts new or different grounds for relief, including but not […]
846-6 Systematic audit.
§846-6 Systematic audit. All criminal justice agencies shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that it has reported inaccurate information of a material nature shall forthwith notify all […]
844D-131 Additional orders.
§844D-131 Additional orders. (a) The court may in its discretion make such other orders as may be appropriate. This includes but is not limited to designating: (1) The type of DNA analysis to be used; (2) The testing procedures to be followed; (3) The preservation of some portion of the sample for replicating the testing; […]
846-7 Security.
§846-7 Security. Wherever criminal history record information is collected, stored, or disseminated, the criminal justice agency or agencies responsible for the operation of the system shall: (1) Have power to determine for legitimate security purposes which personnel can be permitted to work in a defined area where such information is stored, collected, or disseminated; (2) […]
844D-132 Procedure after testing results are obtained.
§844D-132 Procedure after testing results are obtained. (a) If the results of the post-conviction DNA testing are favorable to the defendant, the court shall conduct a hearing pursuant to applicable law or court rule governing post-conviction proceedings, notwithstanding any law or court rule that would otherwise bar such a hearing as untimely or procedurally defective, […]
846-8 Exclusions.
§846-8 Exclusions. This chapter shall not apply to criminal history record information contained in: (1) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons; (2) Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long-standing custom to be made public if […]
844D-133 Consent.
§844D-133 Consent. Nothing in this part shall be interpreted to prohibit a convicted person and the State from consenting to and conducting post-conviction DNA testing by agreement of the parties and without filing a motion for post-conviction DNA testing under this part. Notwithstanding any other provision of law governing post-conviction relief, if DNA test results […]
845-1 Findings and purpose.
§845-1 Findings and purpose. The legislature finds that a substantial and disproportionate amount of serious crime is committed against the people by a relatively small number of multiple and repeat felony offenders, commonly known as career criminals. In enacting this chapter, the legislature intends to support increased efforts by prosecuting attorneys’ offices to prosecute career […]