LD 1907
pg. 2
Page 1 of 10 An Act To Amend the Law Governing DNA Testing Page 3 of 10
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LR 2904
Item 1

 
appropriate chief judge or chief justice shall assign the motion to
another any judge or justice. Filing and service must be made in
accordance with Rule 49 of the Maine Rules of Criminal Procedure.

 
1-A.__Response; hearing.__The State shall file a response to
the motion filed pursuant to subsection 1 within 30 days of
receipt of the motion.__The court shall hear the motion no sooner
than 30 days or later than 90 days after the motion is filed
pursuant to subsection 1.

 
2. Preservation of evidence. If a motion is filed under this
chapter, the 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 analysis for
the period of time that a person remains incarcerated, on
probation, civilly committed or subject to registration as a sex
offender under Title 34-A, chapter 15. The When a motion is
filed pursuant to this chapter, the State shall prepare an
inventory of the evidence and submit a copy of the inventory to
the defense and the court. If evidence is intentionally
destroyed after the court orders its preservation, the court may
impose appropriate sanctions on the responsible party.

 
2-A.__Discovery.__Following the filing of a motion pursuant to
this chapter, the court may:

 
A.__Order the State to locate and provide the petitioner
filing the motion with any documents, notes, logs or reports
relating to items of physical evidence collected in
connection with the petitioner's case and assist the
petitioner in locating items of biological evidence that the
State contends may have been lost or destroyed.__The court
may order the State to take reasonable measures to locate
biological evidence that may be in the State's custody or to
assist the petitioner in locating evidence that may be in
the custody of a public or private hospital, laboratory or
other facility;

 
B.__Order the production of laboratory reports, including
the underlying data and notes, that have been prepared in
connection with evidence that has previously been subjected
to DNA analysis; or

 
C.__Require that, if any DNA analysis or biological evidence
testing was previously conducted by either the State or the
petitioner without the knowledge of the other party, such
analysis or testing be revealed in the motion for analysis
or the response.


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