CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
PROCEEDINGS IN CRIMINAL CASES
POST CONVICTION ACCESS TO FORENSIC AND SCIENTIFIC ANALYSIS
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: —
“Analysis”, the process by which a forensic or scientific technique is applied to evidence or biological material to identify the perpetrator of a crime.
“Biological material”, a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue or other identified biological substance.
“Conviction”, a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere or an adjudication of delinquency as a juvenile entered by the trial court.
“Exhaustive testing”, analysis of a particular item of evidence or biological material that precludes replicate analysis of the evidence or biological material.
“Factually innocent”, a person convicted of a criminal offense who did not commit that offense.
“Governmental entity”, an official body of the commonwealth, or of a county, city or town within the commonwealth.
“Identity”, the moving party’s identity as the perpetrator of the offense for which the moving party was convicted in the underlying case.
“Moving party”, a person who files a motion under this chapter.
“Post conviction”, indicates any time after which a conviction has been entered.
“Prosecuting attorney”, the district attorney for the district in which the moving party was convicted or the attorney general of the commonwealth.
“Replicate analysis”, the duplication of an analysis performed on a particular item of evidence or biological material.
“Underlying case”, the trial court proceedings that resulted in the conviction of the moving party.
“Victim”, any natural person who suffered direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of the crime or delinquency case that is the subject of the underlying case; “victim” shall also include the parent, guardian, legal representative or administrator or executor of the estate of such person if that person is a minor, incompetent or deceased.