§ 18-1-415 — Testing - payment

If the court orders DNA testing, the testing
must be conducted by the Colorado bureau of investigation; except that the court,
upon request of the petitioner and after the petitioner establishes good cause, may
order testing by another testing laboratory or agency that conforms to the current
version of ISO/IEC 17025 requirements, the appropriation quality assurance
standards required by the federal bureau of investigation, and forensic-specific
requirements and is accredited by an organization that is signatory to the
International Laboratory Accreditation Cooperation Mutual Recognition
Arrangements for Testing Laboratories. The petitioner shall pay for the testing. The
parties shall consult and negotiate on an agreement on testing methods and
techniques. If the parties cannot agree, the court shall designate the testing
methods and techniques, considering the totality of the circumstances. In
considering the totality of the circumstances, the court shall consider whether the
testing would be consumptive in nature, whether the testing would allow for the
best possible collection of evidence, and whether the testing would allow for the
most probative results to be obtained. If the petitioner is indigent and represented
by either the public defender or alternate defense counsel, and with the approval of
the public defender or the alternate defense counsel, the costs of the testing shall
be paid from the public defender's budget or the alternate defense counsel's
budget.

Legislative History

Source: L. 2003: Entire section added, p. 817, � 1, effective August 6. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2073, � 31, effective August 11. L. 2023: Entire section amended, (HB 23-1034), ch. 15, p. 46, � 5, effective October 1.