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, […]
35-38-9-9.5. Collateral Action in a Different County
Sec. 9.5. (a) This section applies to a collateral action adjudicated or conducted in a county other than the county in which a court granted an expungement. (b) Upon receipt of a request to expunge records related to a collateral action and a properly certified expungement order, a circuit or superior court in the county […]
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 […]
35-38-9-0.5. “Collateral Action”
Sec. 0.5. As used in this chapter, “collateral action” means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or action concerning a seizure, a civil forfeiture, and […]
35-38-7-5. Petition to Require Testing
Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that: (1) is: (A) in the possession or control of a court or the state; or […]
35-38-7-6. Notice of Petition to Prosecuting Attorney
Sec. 6. A petitioner must give notice of the petition to the prosecuting attorney for the county where the offense was allegedly committed. As added by P.L.49-2001, SEC.2.
35-38-7-7. Opportunity to Respond to Petition
Sec. 7. The court shall give the prosecuting attorney an opportunity to respond to the petition. The court may, in its discretion, order a hearing on the petition. As added by P.L.49-2001, SEC.2.
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 […]