§ 35-38-7-14 — Preservation of biological evidence if a petition for DNA testing is filed; preservation of biological evidence following a vacated conviction

Indiana § 35-38-7-14

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 7: Postconviction DNA Testing and Analysis

Text

(a) If a petition for DNA testing and analysis
is filed under this chapter:
(1) except as provided in IC 35-33-5-5(g), the court shall order
the state to preserve during the pendency of the proceeding all
evidence in the state's possession or control that could be
subjected to DNA testing and analysis for the later of:
(A) twenty (20) years from the date of the defendant's
conviction; or
(B) the period of the defendant's incarceration.
(2) the state shall:
(A) prepare an inventory of the evidence in the possession or
control of the state that could be subjected to DNA testing and
analysis; and
(B) submit a copy of the inventory to defense counsel and the
court; and
(3) if evidence is intentionally destroyed after the court orders its
preservation, the court may impose appropriate sanctions.
(b) In the event that DNA testing and analysis required under this
chapter results in a vacated conviction, all biological evidence shall
continue to be preserved in accordance with IC 35-33-5-5(g), and for
the latest of the following:
(1) Twenty (20) years from the date the conviction was vacated.
(2) The period of time the defendant is incarcerated for a
subsequent conviction.
(3) The remainder of the statute of limitations for the offense.
However, the obligation to preserve biological evidence does not apply
to a DNA sample taken from the defendant whose conviction was
vacated.

Legislative History

As added by P.L.49-2001, SEC.2. Amended by P.L.89-2022, SEC.5.