In a case described in section 18-1-1102 (1), if DNA evidence is being held that is the property of the victim, as defined in section 24-4.1-302 (5), C.R.S., of the crime, the victim may request the district attorney to review whether the DNA evidence may be returned. If the district attorney determines the DNA evidence may be returned, the district attorney may file a petition with the court for the return of the DNA evidence. The district attorney shall provide notice to the defendant of the petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply.
Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 102, § 1, effective March 18.
Structure Colorado Code
Article 1 - Provisions Applicable to Offenses Generally
Part 11 - Preservation of Dna Evidence
§ 18-1-1103. Duty to Preserve Dna Evidence
§ 18-1-1104. Manner and Location of Preservation of Dna Evidence
§ 18-1-1105. Law Enforcement Agency Request for Permission to Dispose of Evidence - Procedures
§ 18-1-1107. Victim Request for Disposition of Dna Evidence - Procedures