LD 1907
pg. 5
Page 4 of 10 An Act To Amend the Law Governing DNA Testing Page 6 of 10
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LR 2904
Item 1

 
laboratory, the court may order as the interests of justice require
either the State or the petitioner, if the petitioner is able, to
pay the costs of the DNA analysis.

 
8. Results. The crime lab or private laboratory shall
provide the results of the DNA analysis under this chapter to the
court, the person authorized in section 2137 petitioner and the
attorney for the State. Upon motion by the person petitioner or
the attorney for the State, the court may shall order that copies
of the analysis protocols, laboratory procedures, laboratory
notes and other relevant records compiled by the crime lab or
private laboratory be provided to the court and to all parties.

 
A. If the results of the DNA analysis are inconclusive or
show that the person is the source of the evidence, the
court shall deny any motion for a new trial. If the DNA
analysis results show that the person is the source of the
evidence, the defendant's DNA record must be added to the
state DNA data base and state DNA data bank. The court also
shall order the petitioner's probation officer to be
notified of the results.

 
B. If the results of the DNA analysis show that the person
is not the source of the evidence and the person does not
have counsel, the court shall appoint counsel if the court
finds that the person is indigent. The, the court shall
then hold a hearing at which the person must establish by
clear and convincing evidence that: pursuant to subsection
10.

 
(1) Only the perpetrator of the crime or crimes for
which the person was convicted could be the source of
the evidence;

 
(2) The evidence was collected, handled and preserved
by procedures that allow the court to find that the
evidence is not contaminated or is not so degraded that
the DNA profile of the analyzed sample of the evidence
can not be determined to be identical to the DNA sample
initially collected during the investigation; and

 
(3) The person's purported exclusion as the source of
the evidence, balanced against the other evidence in
the case, is sufficient to justify that the court grant
a new trial.

 
9. Request for reanalysis. Upon motion of the attorney for
the State, the court shall order reanalysis of the evidence and
shall stay the person's motion for a new trial pending the
results of DNA analysis.


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