§ 18-1-416 — Results of the DNA test

(1) Notwithstanding any law or rule of
procedure that bars a motion for postconviction review as untimely or successive, a
petitioner may use the results of a DNA test ordered pursuant to section 18-1-413 as
the grounds for filing a motion for postconviction review pursuant to section 18-1-410 and the Colorado rules of criminal procedure.

(1.5) If forensic DNA testing ordered provides a favorable result to the
petitioner, the court shall schedule a hearing within thirty days after the result to
determine the appropriate relief to be granted. Based on the results of the testing
and any evidence or other information presented at the hearing, the court shall
enter an order within thirty days after the hearing that serves the interests of
justice, including, but not limited to, an order setting aside or vacating the
petitioner's judgment of conviction.

(2) The testing laboratory shall make the results of a DNA test ordered
pursuant to section 18-1-413 available to the combined DNA index system and to
any Colorado, federal, or other law enforcement DNA databases.

(3) The court shall ensure compliance with the notification procedures and
rights afforded to victims provided for in sections 24-4.1-301 to 24-4.1-305.

Legislative History

Source: L. 2003: Entire section added, p. 817, � 1, effective August 6. L. 2023: (1) amended and (1.5) and (3) added, (HB 23-1034), ch. 15, p. 46, � 6, effective October 1.