35-38-7-14. Preservation of Biological Evidence if a Petition for DNA Testing Is Filed; Preservation of Biological Evidence Following a Vacated Conviction
Sec. 14. (a) If a petition for DNA testing and analysis is filed under this chapter: (1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proceeding all evidence in the state’s possession or control that could be subjected to DNA testing and analysis for […]
35-38-7-15. Discretionary Orders by Court; Elimination Samples
Sec. 15. (a) The court may make any other orders under this chapter that the court considers appropriate, including designating any of the following: (1) The type of DNA testing and analysis to be used. (2) That the DNA testing and analysis satisfies the pertinent evidentiary rules concerning the admission of scientific evidence or testimony […]
35-38-7-16. Notice to Victims and Third Parties
Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when: (1) the petitioner first files a petition for DNA testing and analysis under this chapter; and (2) the prosecuting attorney knows the name and address of the victim. If the court grants a petition for DNA testing and analysis, […]
35-38-7-17. Notification of Convicted Person
Sec. 17. Regardless of whether a petition has been filed under this chapter, if: (1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted in a person’s conviction; and (2) the testing will consume the […]
35-38-7-18. Unfavorable Results of Postconviction Testing
Sec. 18. If the results of the postconviction DNA testing and analysis are not favorable to the person who was convicted of the offense, the court: (1) shall dismiss the person’s petition; and (2) may make any further orders that the court determines to be appropriate, including any of the following: (A) An order providing […]
35-38-7-19. Favorable Results of Postconviction Testing
Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following: (1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the […]
35-38-7-8. Prima Facie Proof Required
Sec. 8. After complying with section 7 of this chapter, the court shall determine whether the petitioner has presented prima facie proof of the following: (1) That the evidence sought to be tested is material to identifying the petitioner as: (A) the perpetrator of; or (B) an accomplice to; the offense that resulted in the […]
35-38-7-9. Order for Testing
Sec. 9. If the court makes the findings described in section 8(1), 8(2), 8(3), and 8(4) of this chapter, the court shall order DNA testing and analysis of the evidence. As added by P.L.49-2001, SEC.2.
35-38-7-10. Method and Payment for Testing
Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the method and responsibility for the payment of any costs associated with the DNA testing and analysis. As added by P.L.49-2001, SEC.2.
35-38-7-11. Appointment of Defense Counsel
Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any proceedings under this chapter if the person is indigent. As added by P.L.49-2001, SEC.2.