As used in this part 11, unless the context otherwise requires: “Disposed of” means evidence is destroyed, thrown away, or returned to the owner or his or her designee. “DNA” means deoxyribonucleic acid. “DNA evidence” means all evidence collected by law enforcement in a criminal investigation, which evidence may be reasonably believed to contain DNA […]
The provisions of this part 11 shall apply to the preservation of DNA evidence only when: The investigation of a felony does not result in or has not resulted in charges being filed; or The filed charges resulted in a conviction for a class 1 felony or for a sex offense that carries an indeterminate […]
A law enforcement agency that collects DNA evidence in conducting a criminal investigation of a felony that does not result in or has not resulted in charges being filed shall preserve the DNA evidence for the length of the statute of limitations for the felony crime that was investigated. Except as provided in sections 18-1-1105 […]
When DNA evidence that is subject to preservation pursuant to section 18-1-1103 is processed for the development of a DNA profile, the DNA profile shall be preserved by the accredited laboratory in Colorado that develops the DNA profile. If the DNA profile is not developed by an accredited laboratory in Colorado, the laboratory that processes […]
A law enforcement agency may not request permission to dispose of DNA evidence in cases described in section 18-1-1102 (1)(a) and (1)(b). In cases described in section 18-1-1102 (1)(c) and (1)(d), a law enforcement agency may seek to dispose of DNA evidence by providing notice, in the form developed pursuant to section 18-1-1108, to the […]
In a case described in section 18-1-1102 (1), a defendant may petition the court on his or her own behalf for the disposal of DNA evidence in his or her case. The defendant shall provide a copy of the petition to the district attorney, who may join with or object to the defendant’s petition. Upon […]
In a case described in section 18-1-1102 (1), if DNA evidence is being held that is the property of the victim, as defined in section 24-4.1-302 (5), C.R.S., of the crime, the victim may request the district attorney to review whether the DNA evidence may be returned. If the district attorney determines the DNA evidence […]
Notice to the defendant as required by this part 11 shall be proper if it is sent by United States mail or hand-delivered to the attorney of record for the defendant as defined in rule 44 of the Colorado rules of criminal procedure. If there is no attorney of record, notice to the defendant shall […]
