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

Section 2. A person may file a motion for forensic or scientific analysis under this chapter if that person: (1) has been convicted of a criminal offense in a court of the commonwealth; (2) is incarcerated in a state prison, house of correction, is on parole or probation or whose liberty has been otherwise restrained as the result of a conviction; and (3) asserts factual innocence of the crime for which the person has been convicted.

This chapter shall not be construed to prohibit the performance of forensic or scientific analysis under any other circumstances, including by agreement between the person convicted of a criminal offense and the prosecuting attorney.