LD 1907
pg. 4
Page 3 of 10 An Act To Amend the Law Governing DNA Testing Page 5 of 10
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LR 2904
Item 1

 
If the court orders DNA analysis:

 
A.__The analysis must be conducted by a facility mutually
acceptable to the petitioner and the State and approved by
the court.__If the parties are unable to agree, the court
shall designate the analysis facility and provide the
parties with reasonable opportunity to be heard on the issue
of the choice of the laboratory;

 
B.__The court shall impose reasonable conditions on the
analysis to protect the parties' interests in the integrity
of the evidence and the analysis process; and

 
C.__The court may make other orders it considers
appropriate, including, but not limited to, requiring the
collection and DNA analysis of biological samples from a 3rd
party. The court may also:

 
(1)__Specify the type of DNA analysis to be used;

 
(2)__Specify the testing procedure to be followed;

 
(3)__Require the preservation of some portion of the
sample for the purpose of repeating the DNA analysis;
or

 
(4)__Require additional DNA analysis if the results of
the initial DNA analysis are inconclusive or otherwise
merit additional scientific analysis.

 
Notwithstanding any law to the contrary, a sample taken
pursuant to this paragraph from a 3rd party is exempt from
any law requiring the disclosure of information to the
public.

 
6. Appeal from court decision to grant or deny motion to
order DNA analysis. An aggrieved person A petitioner may not
appeal as a matter of right from the denial of a motion to order
DNA analysis. The time, and manner and specific conditions for
taking that appeal to the Supreme Judicial Court, sitting as the
Law Court, are as the Supreme Judicial Court provides by rule.
The State may not appeal from a court order to grant a motion to
order DNA analysis.

 
7. Payment. If the person authorized in section 2137 is
able, the person shall pay for the cost of the DNA analysis. If
the court finds that the person is indigent, the crime lab shall
pay for the cost of DNA analysis ordered under this section DNA
analysis ordered by the court pursuant to subsection 5 is
conducted by the crime lab, the State shall bear the costs of the
DNA analysis.__If the DNA analysis is performed at a private


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