[§844D-132]  Procedure after testing results
are obtained.  (a)  If the results of the post-conviction DNA testing are
favorable to the defendant, the court shall conduct a hearing pursuant to
applicable law or court rule governing post-conviction proceedings,
notwithstanding any law or court rule that would otherwise bar such a hearing
as untimely or procedurally defective, and thereafter make such orders as are
necessary for disposition of those proceedings.  If the results of the DNA
analysis are not favorable to the defendant, the court shall give notice of the
results to probation or parole authorities, as appropriate.



(b)  Records
reflecting the results of DNA analysis performed pursuant to this section,
including the underlying data and laboratory notes, shall not be subject to
disclosure pursuant to chapter 92F except to the extent of a conclusion that
a particular person was, or was not, the source of the biological evidence
analyzed.



(c)  In any case as to which a motion is filed
under this section, the prosecuting attorney shall give notice to the victim or
surviving immediate family members of a homicide victim of the filing of the
motion, any hearing that is held as a result, and its disposition.  For
purposes of this subsection, "victim" and "surviving immediate
family members" have the same meaning as in section 801D-2.



(d)  The court shall make appropriate findings
of fact and conclusions of law in support of its disposition of a motion made
pursuant to this section, regardless of whether a hearing was held. [L 2005, c
112, pt of §1]