Sec. 17. Regardless of whether a petition has been filed under this chapter, if:
(1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted in a person's conviction; and
(2) the testing will consume the remaining biological evidence;
the prosecuting attorney must notify the person of the proposed DNA testing and analysis.
As added by P.L.49-2001, SEC.2.
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