13-4221

13-4221. Preservation of biological evidence;
retention period; definitions

A. Notwithstanding any other law, the appropriate governmental entity shall retain
all identified biological evidence that is secured in connection with a felony sexual
offense or homicide for:

1. The period of time that a person who was convicted of a felony sexual offense or
homicide remains incarcerated for that offense or until the completion of the person's
supervised release.

2. A cold case, fifty-five years or until a person is convicted of the crime and
remains incarcerated or under supervised release for that offense.

B. The governmental entity shall preserve the evidence for the period of time
prescribed in subsection A of this section in a condition that is suitable for
deoxyribonucleic acid testing.

C. Evidence retained pursuant to this section shall be made available for
deoxyribonucleic acid testing pursuant to section 13-4240.

D. The government entity that investigates the crime may establish procedures for
retaining probative samples of the biological evidence and disposing of bulk evidence
that do not affect the suitability of the probative sample for deoxyribonucleic acid
testing. The government entity responsible for retaining the samples shall obtain
approval from the county attorney or attorney general before disposal of any bulk
evidence. Before the disposal of any bulk evidence, reasonable efforts shall be made to
provide written notice to the victim.

E. This section does not preclude a governmental entity from disposing of evidence
in a case in which a conviction has been obtained after the expiration of the defendant's
sentence. Under any other circumstance, the governmental entity may dispose of physical
evidence after the conclusion of the convicted defendant's direct appeal and first
postconviction relief proceeding or after the time for initiating the direct appeal and
first postconviction relief proceeding has expired, with the agreement of the county
attorney or the attorney general and then, upon written notice to the defendant, any
counsel of record and the victim if no other law requires that biological evidence be
preserved or retained.

F. This section does not limit a governmental entity's discretion concerning the
conditions under which biological evidence is retained, preserved or transferred among
different entities if the evidence is retained in a condition that is suitable for
deoxyribonucleic acid testing.

G. For the purposes of this section:

1. "Biological evidence" includes a sexual assault forensic examination kit, semen,
blood, saliva, hair, skin tissue or other identified biological material.

2. "Cold case" means a homicide or a felony sexual offense that remains unsolved
for one year or more after being reported to a law enforcement agency and that has no
viable and unexplored investigatory leads.