[§844D-125]  Discovery.  (a)  At any
time after a petition has been filed under this part:



(1)  The court may order the State to locate and
provide the defendant with any documents, notes, logs, or reports relating to
items of physical evidence collected in connection with the case, or otherwise
assist the defendant in locating items of biological evidence that the State
contends have been lost or destroyed;



(2)  The court may order the State to take reasonable
measures to locate biological evidence that may be in its custody, or to assist
the defendant in locating evidence that may be in the custody of a public or
private hospital, public or private laboratory, or other facility; or



(3)  If evidence had previously been subjected to DNA
testing, the court may order production of laboratory reports prepared in
connection with the DNA testing, as well as the underlying data, and the
laboratory notes.



(b)  If any DNA or other biological evidence
testing was previously conducted by either the prosecution or defense without
knowledge of the other party, such testing shall be revealed in the motion for
testing or response, if any.



(c)  If the court orders DNA testing in
connection with a proceeding brought under this part, the court shall order the
production of any laboratory reports prepared in connection with the DNA
testing, and may in its discretion order production of the underlying data,
bench notes, or other laboratory notes.



(d)  The results of any post-conviction DNA
testing conducted under this part shall be disclosed to the prosecution, the
defendant, and the court. [L 2005, c 112, pt of §1]