Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following:
(1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner's motion for a new trial pending the results of the DNA retesting.
(2) Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.
(3) Order a new trial or any other relief as may be appropriate under Indiana law or court rule.
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