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  • PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
  • TITLE II PROCEEDINGS IN CRIMINAL CASES
  • CHAPTER 278A POST CONVICTION ACCESS TO FORENSIC AND SCIENTIFIC ANALYSIS

Section 1 - Definitions

Section 2 - Conditions for filing motion for forensic or scientific analysis; affect of chapter upon analysis under other circumstances

Section 3 - Filing of motion; contents; motion for discovery; affidavit of factual innocence; expeditious review of motion

Section 4 - Jurisdiction over motion; service of motion; response by prosecuting attorney

Section 5 - Appointed counsel

Section 6 - Hearing

Section 7 - Findings of fact and conclusions of law; criteria for allowing requested analysis; orders for discovery

Section 8 - Conditions of analysis; selection of forensic service provider; equal access to personnel and information; retention of material evidence to allow for replicate analysis; cooperation with laboratory by moving party

Section 9 - Time for performing analysis

Section 10 - Cost of analysis

Section 11 - Effect of proceedings on terms of sentence imposed

Section 12 - Disclosure of analysis results; orders to produce data, documents and notes

Section 13 - Additional analysis ordered upon inconclusive findings

Section 14 - Victim notification

Section 15 - Waiver of right to file motion prohibited

Section 16 - Retention and preservation of evidence or biological material by governmental entities; regulations

Section 17 - Civil or criminal liability of governmental officials; willful or wanton misconduct or gross negligence by governmental entities resulting in deterioration or destruction of evidence; damages

Section 18 - Appeals