§ 35-38-7-15 — Discretionary orders by court; elimination samples

Indiana § 35-38-7-15

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

Text

(a) The court may make any other orders
under this chapter that the court considers appropriate, including
designating any of the following:
(1) The type of DNA testing and analysis to be used.
(2) That the DNA testing and analysis satisfies the pertinent
evidentiary rules concerning the admission of scientific evidence
or testimony in the Indiana Rules of Evidence.
(3) The procedures to be followed during the DNA testing and
analysis.
(4) The preservation of some of the sample for replicating the
DNA testing and analysis.
(5) Elimination samples from third parties.
(b) Elimination samples from a third party shall be required only if:
(1) the petitioner has been excluded as the perpetrator or
accomplice by DNA testing and analysis; or
(2) extraordinary circumstances are shown to require the DNA
test and analysis.
If the court orders elimination samples from a third party, the court
shall offer the third party the choice to provide a sample that can be
obtained through the least intrusive method possible.

Legislative History

As added by P.L.49-2001, SEC.2.