§ 13-4241 — Postconviction request for advanced forensic testing

A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request that any evidence that is in the possession or control of the court or the state and that is related to the investigation or prosecution that resulted in the judgment of conviction either be:

1. Forensically tested using a technique that was not available at the time of sentencing and that has become widely accepted in the scientific community through advances in technology.

2. Uploaded to searchable local, state or national databases that are subject to the standards imposed by the agency that is responsible for managing the database.

B. After notice to the prosecutor and an opportunity to respond, the court shall order the new forensic testing if the court finds that all of the following apply:

1. A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through the new forensic testing.

2. The evidence is still in existence and is in a condition that allows the new forensic testing to be conducted.

3. The evidence was not previously subjected to the new forensic testing or was not subjected to the analysis or comparison that is now requested.

4. The new forensic testing may resolve an issue that was not previously resolved by any other testing.

C. If the court orders testing, the court shall order the method and responsibility for payment, if necessary.

D. The court may appoint counsel for an indigent petitioner at any time during any proceedings under this section.

E. The court may make any orders that the court deems appropriate, including designating any of the following:

1. The procedures to ensure a proper chain of custody and integrity of the evidence.

2. The preservation of some of the sample for replicating the testing.

3. Elimination samples from third parties.

F. If the new forensic testing must be performed in a laboratory, the new forensic testing must be performed by the department of public safety crime laboratory unless the original investigating agency has a laboratory that is capable of performing the new forensic testing or the parties mutually agree on another internationally accredited laboratory.

G. This section does not require this state or a law enforcement agency in this state to retain evidence beyond any time period that is established by law.