Section 300 – Title.
78B-9-300. Title. This part is known as “Postconviction DNA Testing.” Enacted by Chapter 358, 2008 General Session
Section 301 – Postconviction testing of DNA — Petition — Sufficient allegations — Notification of victim.
Effective 5/4/2022 78B-9-301. Postconviction testing of DNA — Petition — Sufficient allegations — Notification of victim. (1) As used in this part: (a) “DNA” means deoxyribonucleic acid. (b) “Factually innocent” means the same as that term is defined in Section 78B-9-401.5. (2) An individual convicted of a felony offense may at any time file a […]
Section 302 – Effect of petition for postconviction DNA testing — Requests for appointment of counsel — Appeals — Subsequent postconviction petitions.
78B-9-302. Effect of petition for postconviction DNA testing — Requests for appointment of counsel — Appeals — Subsequent postconviction petitions. (1) The filing of a petition for DNA testing constitutes the person’s consent to provide samples of body fluids for use in the DNA testing. (2) The data from any DNA samples or test results […]
Section 303 – Consequences of postconviction DNA testing when result is favorable to person — Procedures.
78B-9-303. Consequences of postconviction DNA testing when result is favorable to person — Procedures. (1) (a) If the result of postconviction DNA testing is favorable to the person, the person may file a motion to vacate the conviction. The court shall give the state 30 days to respond in writing, to present evidence, and to […]
Section 304 – Consequences of postconviction DNA testing when result is unfavorable to person — Procedures.
78B-9-304. Consequences of postconviction DNA testing when result is unfavorable to person — Procedures. (1) If the result of postconviction DNA testing is not favorable to the person, the court shall deny the person’s petition, and the court shall: (a) report the unfavorable result to the Board of Pardons and Parole; and (b) order the […]