When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to DNA analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation.
Structure 2021 Tennessee Code
Chapter 30 - Post-Conviction Procedure
Part 3 - Post-Conviction Dna Analysis Act of 2001
§ 40-30-302. “Dna Analysis” Defined
§ 40-30-303. Petition Requesting Analysis
§ 40-30-306. Payment for Analysis
§ 40-30-307. Appointment of Counsel for Indigents
§ 40-30-308. Court Order for Production of Laboratory Reports, Underlying Data and Notes
§ 40-30-309. Preservation of Evidence During Pendency of Proceeding — Sanctions
§ 40-30-310. Laboratory Standards
§ 40-30-311. Orders in Discretion of Court
§ 40-30-312. Analysis Results — Dismissal of Petition — Order for Hearing