[§844D-123]  Order for post-conviction DNA
testing.  (a)  The court shall order testing after a hearing if it finds
that:



(1)  A reasonable probability exists that the
defendant would not have been prosecuted or convicted if exculpatory results
had been obtained through DNA analysis, even if the defendant later pled guilty
or no contest;



(2)  Identity was or should have been an issue in the
proceeding that led to the verdict or sentence;



(3)  The evidence sought to be analyzed has been
identified with particularity and still exists in a condition that permits DNA
analysis; provided that questions as to the chain of custody of the evidence
shall not constitute grounds to deny the motion if the testing itself can
establish the integrity of the evidence;



(4)  The evidence was not previously subjected to DNA
analysis or was not subjected to analysis that can now resolve an issue not
resolved by previous analysis; and



(5)  The application for testing is made for the
purpose of demonstrating innocence and not to unreasonably delay the execution
of sentence or administration of justice.



(b)  The court may order testing after a
hearing if it finds that:



(1)  A reasonable probability exists that DNA analysis
of the evidence will produce results that would have led to a more favorable
verdict or sentence for the defendant had the results been available at the
proceeding leading to the verdict or sentence, even if the defendant pled
guilty or no contest;



(2)  The evidence sought to be analyzed has been
identified with particularity and still exists in a condition that permits DNA
analysis; provided that questions as to the chain of custody of the evidence
shall not constitute grounds to deny the motion if the testing itself can
establish the integrity of the evidence;



(3)  The evidence was not previously subjected to DNA
testing or was not subject to testing that can now resolve an issue not
resolved by previous testing; and



(4)  The application for testing is made for the
purpose of demonstrating that the defendant was guilty of a lesser offense or
eligible for a more lenient sentence and not to unreasonably delay the
execution of sentence or administration of justice.



(c)  If evidence had previously been subjected
to DNA analysis, by either the prosecution or defense, the court may order the
prosecution or defense to provide each party and the court with access to the
laboratory reports prepared in connection with the DNA analysis, as well as the
underlying data and laboratory notes.  If DNA or other analysis of evidence was
previously conducted by either the prosecution or defense without knowledge of
the other party, all information relating to the testing shall be disclosed by
the motion for analysis or response.  If the court orders DNA analysis under
this section, the court shall order the production to each party and the court
of any laboratory reports prepared in connection with the DNA analysis and, in
its discretion, may order production of the underlying data and laboratory
notes. [L 2005, c 112, pt of §1]