13-4240

13-4240. Postconviction deoxyribonucleic acid
testing

A. At any time, a person who was convicted of and sentenced for a felony offense
and who meets the requirements of this section may request the forensic deoxyribonucleic
acid testing of any evidence that is in the possession or control of the court or the
state, that is related to the investigation or prosecution that resulted in the judgment
of conviction, and that may contain biological evidence.

B. After notice to the prosecutor and an opportunity to respond, the court shall
order deoxyribonucleic acid testing if the court finds that all of the following apply:

1. A reasonable probability exists that the petitioner would not have been
prosecuted or convicted if exculpatory results had been obtained through deoxyribonucleic
acid testing.

2. The evidence is still in existence and is in a condition that allows
deoxyribonucleic acid testing to be conducted.

3. The evidence was not previously subjected to deoxyribonucleic acid testing or
was not subjected to the testing that is now requested and that may resolve an issue not
previously resolved by the previous testing.

C. After notice to the prosecutor and an opportunity to respond, the court may
order deoxyribonucleic acid testing if the court finds that all of the following apply:

1. A reasonable probability exists that either:

(a) The petitioner's verdict or sentence would have been more favorable if the
results of deoxyribonucleic acid testing had been available at the trial leading to the
judgment of conviction.

(b) Deoxyribonucleic acid testing will produce exculpatory evidence.

2. The evidence is still in existence and is in a condition that allows
deoxyribonucleic acid testing to be conducted.

D. If the court orders testing pursuant to subsection B, the court shall order the
method and responsibility for payment, if necessary. If the court orders testing pursuant
to subsection C, the court may require the petitioner to pay the costs of testing.

E. The court may appoint counsel for an indigent petitioner at any time during any
proceedings under this section.

F. If the court orders testing pursuant to this section, the court shall select a
laboratory that meets the standards of the deoxyribonucleic acid advisory board to
conduct the testing.

G. If the prosecutor or defense counsel has previously subjected evidence to
deoxyribonucleic acid testing, the court may order the prosecutor or defense counsel to
provide all the parties and the court with access to the laboratory reports that were
prepared in connection with the testing, including underlying data and laboratory notes.
If the court orders deoxyribonucleic acid testing pursuant to this section, the court
shall order the production of any laboratory reports that are prepared in connection with
the testing and may order the production of any underlying data and laboratory notes.

H. If a petition is filed pursuant to this section, the court shall order the state
to preserve during the pendency of the proceeding all evidence in the state's possession
or control that could be subjected to deoxyribonucleic acid testing. The state shall
prepare an inventory of the evidence and shall submit a copy of the inventory to the
defense and the court. If evidence is intentionally destroyed after the court orders its
preservation, the court may impose appropriate sanctions, including criminal contempt,
for a knowing violation.

I. The court may make any other orders that the court deems appropriate, including
designating any of the following:

1. The type of deoxyribonucleic acid analysis to be used.

2. The procedures to be followed during the testing.

3. The preservation of some of the sample for replicating the testing.

4. Elimination samples from third parties.

J. If the results of the postconviction deoxyribonucleic acid testing are not
favorable to the petitioner, the court shall dismiss the petition. The court may make
further orders as it deems appropriate, including any of the following:

1. Notifying the board of executive clemency or a probation department.

2. Requesting that the petitioner's sample be added to the federal combined DNA
index system offender database.

3. Providing notification to the victim or family of the victim.

K. Notwithstanding any other provision of law that would bar a hearing as untimely,
if the results of the postconviction deoxyribonucleic acid testing are favorable to the
petitioner, the court shall order a hearing and make any further orders that are required
pursuant to this article or the Arizona rules of criminal procedure.