Sec. 14. (a) If a petition for DNA testing and analysis is filed under this chapter:
(1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proceeding all evidence in the state's possession or control that could be subjected to DNA testing and analysis for the later of:
(A) twenty (20) years from the date of the defendant's conviction; or
(B) the period of the defendant's incarceration.
(2) the state shall:
(A) prepare an inventory of the evidence in the possession or control of the state that could be subjected to DNA testing and analysis; and
(B) submit a copy of the inventory to defense counsel and the court; and
(3) if evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions.
(b) In the event that DNA testing and analysis required under this chapter results in a vacated conviction, all biological evidence shall continue to be preserved in accordance with IC 35-33-5-5(g), and for the latest of the following:
(1) Twenty (20) years from the date the conviction was vacated.
(2) The period of time the defendant is incarcerated for a subsequent conviction.
(3) The remainder of the statute of limitations for the offense.
However, the obligation to preserve biological evidence does not apply to a DNA sample taken from the defendant whose conviction was vacated.
As added by P.L.49-2001, SEC.2. Amended by P.L.89-2022, SEC.5.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 7. Postconviction DNA Testing and Analysis
35-38-7-1. Applicability of Chapter
35-38-7-5. Petition to Require Testing
35-38-7-6. Notice of Petition to Prosecuting Attorney
35-38-7-7. Opportunity to Respond to Petition
35-38-7-8. Prima Facie Proof Required
35-38-7-10. Method and Payment for Testing
35-38-7-11. Appointment of Defense Counsel
35-38-7-12. Selection of Laboratory
35-38-7-13. Access to Laboratory Reports
35-38-7-15. Discretionary Orders by Court; Elimination Samples
35-38-7-16. Notice to Victims and Third Parties
35-38-7-17. Notification of Convicted Person