LD 1907
pg. 9
Page 8 of 10 An Act To Amend the Law Governing DNA Testing Page 10 of 10
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LR 2904
Item 1

 
5. It allows the court, if the petitioner has retained private
counsel, including a nonprofit organization that represents
indigent persons, to award reasonable attorney's fees and costs to
that private counsel;

 
6. It allows a petition to be brought if the petitioner is
able to show that the person would not have been convicted or
would have received a lesser sentence if favorable results had
been obtained through DNA analysis at the time of the original
prosecution;

 
7. It requires the petitioner and the State to agree on a
laboratory to perform the DNA analysis or, if agreement is not
possible, requires the court to choose the laboratory with input
from the petitioner and the State;

 
8. It requires the State to bear the costs of DNA analysis if
it is performed by the Maine State Police Crime Laboratory
located in Augusta;

 
9. It allows the court, if it orders DNA analysis, to make
other orders including specifying the type of DNA analysis and
testing procedures to be used and requiring the collection and
analysis of biological samples from persons other than the
petitioner;

 
10. If the results of the DNA analysis are inconclusive or
show that the petitioner is the source of the DNA, the court is
required to notify the petitioner's probation officer;

 
11. If the results of the DNA analysis are favorable to the
petitioner, it requires the court to hold a hearing on the
results. Based on the DNA analysis and any other evidence or
matter raised at the hearing, the court is required to issue an
order:

 
A. Setting aside or vacating the petitioner's judgment of
conviction, judgment of not guilty by reason of mental
disease or defect or adjudication;

 
B. Granting the petitioner a new trial or fact-finding
hearing;

 
C. Granting the petitioner a new sentencing hearing,
commitment hearing or dispositional hearing;

 
D. Discharging the petitioner from custody;


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