§ 18-1-1104 — Manner and location of preservation of DNA evidence

Colorado § 18-1-1104

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(1) 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 the DNA profile shall send the DNA profile to an accredited laboratory in
Colorado for preservation.

(2) A law enforcement agency that has custody of DNA evidence that is
subject to preservation pursuant to section 18-1-1103 shall preserve the evidence in
an amount and manner sufficient to develop a DNA profile, based on the best
scientific practices at the time of collection, from the biological material contained
in or included on the evidence. If DNA evidence is of such a size, bulk, or physical
character as to render retention impracticable, the law enforcement agency shall
remove and preserve portions of the evidence likely to contain DNA related to the
offense in a quantity sufficient, based on the best scientific practices at the time of
collection, to permit future DNA testing. The preserved DNA evidence shall,
whenever possible, include a sample sufficient to allow for independent testing by
the defendant. After preserving the necessary amount of the DNA evidence, the law
enforcement agency may dispose of the remainder of the evidence.

(3) If a law enforcement agency is asked to produce DNA evidence that is
subject to preservation pursuant to section 18-1-1103 and cannot produce the
evidence, the chief evidence custodian for the law enforcement agency shall
provide an affidavit in which he or she describes, under penalty of perjury, the
efforts taken to locate the DNA evidence and affirms that the DNA evidence could
not be located.

(4) If upon request a law enforcement agency cannot produce DNA evidence
that is subject to preservation pursuant to section 18-1-1103, the court shall
determine whether the disposal of the DNA evidence violated the defendant's due
process rights, and, if so, the court shall order an appropriate remedy.

Legislative History

Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 98, � 1, effective March 18.