Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that:
(1) is:
(A) in the possession or control of a court or the state; or
(B) otherwise contained in the Indiana DNA data base established under IC 10-13-6;
(2) is related to the investigation or prosecution that resulted in the person's conviction; and
(3) may contain biological evidence.
As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.93.
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