Indiana Code 35-38-7-5. Petition to require testing
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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:
(A) in the possession or control of a court or the state; or
(1) is:
Terms Used In Indiana Code 35-38-7-5
- 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.
- offense: means a felony to which a petition under this chapter relates. See Indiana Code 35-38-7-3
(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.