Indiana Code 35-38-7-17. Notification of convicted person
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Sec. 17. Regardless of whether a petition has been filed under this chapter, if:
(2) the testing will consume the remaining biological evidence;
(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
Terms Used In Indiana Code 35-38-7-17
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Conviction: A judgement of guilt against a criminal defendant.
- DNA: refers to deoxyribonucleic acid. See Indiana Code 35-38-7-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
the prosecuting attorney must notify the person of the proposed DNA testing and analysis.
As added by P.L.49-2001, SEC.2.