Colorado § 18-1-411 Postconviction testing of DNA - definitions

Colorado Statutes

§ 18-1-411 — Postconviction testing of DNA - definitions

Colorado·Title 18 Criminal·Art. Provisions Applicable to

As used in this section and in sections 18-1-412 to 18-1-416, unless the context otherwise requires:

(1)Repealed.

(2)Actual or constructive possession means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.

(3)DNA means deoxyribonucleic acid. (3.3) Eligible person means a person convicted of a felony offense in Colorado or adjudicated not guilty by reason of insanity for a felony offense in Colorado pursuant to section 16-8-105.5, including a person currently incarcerated; a person on parole or proba

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As used in this section
and in sections 18-1-412 to 18-1-416, unless the context otherwise requires:

(1) Repealed.

(2) Actual or constructive possession means the biological evidence is
maintained or stored on the premises of the law enforcement agency or at another
location or facility under the custody or control of the law enforcement agency,
including pursuant to an agreement or contract with the law enforcement agency
and a third-party service provider, in Colorado or elsewhere.

(3) DNA means deoxyribonucleic acid.

(3.3) Eligible person means a person convicted of a felony offense in
Colorado or adjudicated not guilty by reason of insanity for a felony offense in
Colorado pursuant to section 16-8-105.5, including a person currently incarcerated;
a person on parole or probation for a felony offense; a person subject to sex
offender registration pursuant to section 16-22-103; or a person who has completed
the sentence imposed for the felony offense.

(3.5) Favorable result means a result that indicates a reasonable
probability that the petitioner would not have been convicted.

(4) Incarcerated means physically housed in a department of corrections
facility, a private correctional facility under contract with the department of
corrections, or a county jail following a felony conviction, or in a juvenile facility
following adjudication for an offense that would have been a felony if committed by
an adult, or under parole supervision.

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Legislative History

Source: L. 2003: Entire section added, p. 815, � 1, effective August 6. L. 2023: (1) repealed and (3.3) and (3.5) added, (HB 23-1034), ch. 15, p. 44, � 1, effective October 1.