Section 7-12-302 – Short Title.

7-12-302. Short title. This act shall be known and may be cited as the “Post-Conviction DNA Testing Act.”

Section 7-12-303 – New Trial; Motion for Post-Conviction Testing of Dna; Motion Contents; Sufficiency of Allegations, Consent to DNA Sample; Definitions.

7-12-303. New trial; motion for post-conviction testing of DNA; motion contents; sufficiency of allegations, consent to DNA sample; definitions. (a) As used in this act: (i) “DNA” means deoxyribonucleic acid; (ii) “Movant” means the person filing a motion under subsection (c) of this section; (iii) “This act” means W.S. 7-12-302 through 7-12-315. (b) Notwithstanding any […]

Section 7-12-304 – Service of Process; Response by the State; Preservation of Evidence.

7-12-304. Service of process; response by the state; preservation of evidence. (a) Notice of the motion filed under W.S. 7-12-303(c) shall be served upon the district attorney in the county in which the conviction occurred and, if applicable, the governmental agency or laboratory holding the evidence sought to be tested. (b) The district attorney who […]

Section 7-12-305 – Review by the Court; Hearing on Motion, Findings; Order.

7-12-305. Review by the court; hearing on motion, findings; order. (a) If the court determines that a motion is filed in compliance with the requirements of W.S. 7-12-303(c) and the state has had opportunity to respond to the motion, the court shall set a hearing for not more than ninety (90) days after the date […]

Section 7-12-306 – Designation of Testing Laboratory.

7-12-306. Designation of testing laboratory. (a) If the court orders DNA testing pursuant to W.S. 7-12-305(e), the DNA test shall be performed by the Wyoming state crime laboratory unless the movant establishes that the state crime laboratory has a conflict of interest or does not have the capability to perform the necessary testing. (b) If […]

Section 7-12-307 – Discovery.

7-12-307. Discovery. (a) If the DNA evidence being tested under this act has been previously subjected to DNA analysis by either the state or defense prior to the hearing conducted under W.S. 7-12-305, the court may order the state or defense to provide each party and the court with access to the laboratory reports prepared […]

Section 7-12-308 – Right to Counsel.

7-12-308. Right to counsel. A convicted person is entitled to counsel during a proceeding under this act. Upon request of the person, the court shall appoint counsel for the convicted person if the court determines that the person is needy and the person wishes to submit a motion under W.S. 7-12-303(c). Counsel shall be appointed […]

Section 7-12-309 – Costs of Testing.

7-12-309. Costs of testing. (a) The person filing a motion under W.S. 7-12-303(c) shall bear the cost of the DNA testing unless: (i) The person is serving a sentence of imprisonment; (ii) The person is needy; and (iii) The DNA test supports the person’s motion. (b) In the case of a person meeting the criteria […]

Section 7-12-310 – Order Following Testing.

7-12-310. Order following testing. (a) If the results of the DNA analysis are inconclusive or show that the movant is the source of the evidence, the court shall deny any motion for a new trial based upon the DNA evidence and shall provide the results to the board of parole. (b) If the results of […]

Section 7-12-311 – Victim Notification.

7-12-311. Victim notification. Following any motion filed under this act, the district attorney shall provide notice to the victim that the motion has been filed, the time and place for any hearing that may be held as a result of the motion, and the disposition of the motion. For purposes of this section, “victim” means […]

Section 7-12-312 – Rights Not Waived; Refiling of Uncharged Offenses.

7-12-312. Rights not waived; refiling of uncharged offenses. (a) Notwithstanding any other provision of law, the right to file a motion under W.S. 7-12-303(c) shall not be waived. The prohibition against waiver of the right provided under this section applies to, but is not limited to, a waiver that is given as part of an […]

Section 7-12-313 – Appeal.

7-12-313. Appeal. (a) An order granting or denying a motion for DNA testing filed under W.S. 7-12-303(c) shall not be appealable, but may be subject to review only under a writ of review filed by the movant, the district attorney or the attorney general. The petition for a writ of review may be filed no […]

Section 7-12-314 – Subsequent Motions.

7-12-314. Subsequent motions. The court shall not be required to entertain a second or subsequent motion under W.S. 7-12-303(c) on behalf of the same movant, except where there is clear and compelling evidence that the evidence sought to be tested was wrongfully withheld from the movant by the state or its agents.

Section 7-12-315 – Consensual Testing.

7-12-315. Consensual testing. Nothing in this act shall be interpreted to prohibit a convicted person and the state from consenting to and conducting post-conviction DNA testing without filing a motion under W.S. 7-12-303(c). Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the […]