§ 18-1-1102 — Scope

(1) The provisions of this part 11 shall apply to the
preservation of DNA evidence only when:

(a) The investigation of a felony does not result in or has not resulted in
charges being filed; or

(b) The filed charges resulted in a conviction for a class 1 felony or for a sex
offense that carries an indeterminate sentence pursuant to section 18-1.3-1004; or

(c) The filed charges resulted in a conviction for a felony not covered by
paragraph (b) of this subsection (1); or

(d) The filed charges resulted in a conviction for any offense not covered by
paragraphs (b) and (c) of this subsection (1), and at least one of the charges filed
involved a sex offense as defined in section 18-1.3-1003 (5).

(2) For purposes of subsection (1) of this section, conviction shall include a
verdict of guilty by a judge or jury, a plea of guilty or nolo contendere, or a deferred
judgment and sentence. For purposes of paragraph (d) of subsection (1) of this
section, conviction shall also include a juvenile delinquent adjudication or deferred
adjudication.

(3) This part 11 does not impose a statutory duty to retain or store evidence
other than in the situations described in this section.

Legislative History

Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 97, � 1, effective March 18.