Article 25.--IDENTIFICATION AND DETECTION OF CRIMES AND CRIMINALS
21-2512.Forensic DNA testing; limitsthereof.(a) Notwithstanding any other provision of law, aperson in state custody,at any time after conviction for murder as defined by K.S.A. 21-3401, andamendments thereto, or for rape as defined by K.S.A. 21-3502, and amendmentsthereto, may petition the court that entered the judgmentfor forensic DNAtesting (deoxyribonucleic acid testing) of any biological material that:
(1) Is related to the investigation or prosecution that resulted in theconviction;
(2) is in the actual or constructive possession of the state; and
(3) was not previously subjected to DNA testing, or can be subjected toretesting withnew DNA techniques that provide a reasonable likelihood of more accurate andprobative results.
(b) (1) The court shall notify the prosecuting attorney of a petition madeunder subsection(a) and shall afford the prosecuting attorney an opportunity to respond.
(2) Upon receiving notice of a petition made under subsection (a), theprosecutingattorney shall take such steps as are necessary to ensure that any remainingbiological materialthat was secured in connection with the case is preserved pending thecompletion ofproceedings under this section.
(c) The court shall order DNA testing pursuant to a petition made undersubsection (a)upon a determination that testing may produce noncumulative, exculpatoryevidence relevant tothe claim of the petitioner that the petitioner was wrongfully convicted orsentenced.
(d) The cost of DNA testing ordered under subsection (c) shall be borne bythe state orthe petitioner, as the court may order in the interests of justice, if it isshown that the petitioner isnot indigent and possesses the means to pay.
(e) The court may at any time appoint counsel for an indigent applicant underthissection.
(f) (1) If the results of DNA testing conducted under this section areunfavorable to thepetitioner, the court:
(A) Shall dismiss the petition; and
(B) in the case of a petitioner who is not indigent, may assess thepetitioner for thecost of such testing.
(2) If the results of DNA testing conducted under this section are favorableto thepetitioner, the court shall:
(A) Order a hearing, notwithstanding any provision of law that would bar suchahearing; and
(B) enter any order that serves the interests of justice, including, but notlimited to, an order:
(i) Vacating and setting aside the judgment;
(ii) discharging the petitioner if the petitioner is in custody;
(iii) resentencing the petitioner; or
(iv) granting a new trial.
(3) If the results of DNA testing conducted under this section areinconclusive, the court may order a hearing to determine whether there is asubstantial question of innocence. If the petitioner proves by a preponderanceofthe evidence that there is a substantial question of innocence, the court shallproceed as provided in subsection (f)(2).
(g) Nothing in this section shall be construed to limit the circumstancesunder which aperson may obtain DNA testing or other postconviction relief under any otherprovision of law.
Article 25.--IDENTIFICATION AND DETECTION OF CRIMES AND CRIMINALS
21-2512.Forensic DNA testing; limitsthereof.(a) Notwithstanding any other provision of law, aperson in state custody,at any time after conviction for murder as defined by K.S.A. 21-3401, andamendments thereto, or for rape as defined by K.S.A. 21-3502, and amendmentsthereto, may petition the court that entered the judgmentfor forensic DNAtesting (deoxyribonucleic acid testing) of any biological material that:
(1) Is related to the investigation or prosecution that resulted in theconviction;
(2) is in the actual or constructive possession of the state; and
(3) was not previously subjected to DNA testing, or can be subjected toretesting withnew DNA techniques that provide a reasonable likelihood of more accurate andprobative results.
(b) (1) The court shall notify the prosecuting attorney of a petition madeunder subsection(a) and shall afford the prosecuting attorney an opportunity to respond.
(2) Upon receiving notice of a petition made under subsection (a), theprosecutingattorney shall take such steps as are necessary to ensure that any remainingbiological materialthat was secured in connection with the case is preserved pending thecompletion ofproceedings under this section.
(c) The court shall order DNA testing pursuant to a petition made undersubsection (a)upon a determination that testing may produce noncumulative, exculpatoryevidence relevant tothe claim of the petitioner that the petitioner was wrongfully convicted orsentenced.
(d) The cost of DNA testing ordered under subsection (c) shall be borne bythe state orthe petitioner, as the court may order in the interests of justice, if it isshown that the petitioner isnot indigent and possesses the means to pay.
(e) The court may at any time appoint counsel for an indigent applicant underthissection.
(f) (1) If the results of DNA testing conducted under this section areunfavorable to thepetitioner, the court:
(A) Shall dismiss the petition; and
(B) in the case of a petitioner who is not indigent, may assess thepetitioner for thecost of such testing.
(2) If the results of DNA testing conducted under this section are favorableto thepetitioner, the court shall:
(A) Order a hearing, notwithstanding any provision of law that would bar suchahearing; and
(B) enter any order that serves the interests of justice, including, but notlimited to, an order:
(i) Vacating and setting aside the judgment;
(ii) discharging the petitioner if the petitioner is in custody;
(iii) resentencing the petitioner; or
(iv) granting a new trial.
(3) If the results of DNA testing conducted under this section areinconclusive, the court may order a hearing to determine whether there is asubstantial question of innocence. If the petitioner proves by a preponderanceofthe evidence that there is a substantial question of innocence, the court shallproceed as provided in subsection (f)(2).
(g) Nothing in this section shall be construed to limit the circumstancesunder which aperson may obtain DNA testing or other postconviction relief under any otherprovision of law.
Article 25.--IDENTIFICATION AND DETECTION OF CRIMES AND CRIMINALS
21-2512.Forensic DNA testing; limitsthereof.(a) Notwithstanding any other provision of law, aperson in state custody,at any time after conviction for murder as defined by K.S.A. 21-3401, andamendments thereto, or for rape as defined by K.S.A. 21-3502, and amendmentsthereto, may petition the court that entered the judgmentfor forensic DNAtesting (deoxyribonucleic acid testing) of any biological material that:
(1) Is related to the investigation or prosecution that resulted in theconviction;
(2) is in the actual or constructive possession of the state; and
(3) was not previously subjected to DNA testing, or can be subjected toretesting withnew DNA techniques that provide a reasonable likelihood of more accurate andprobative results.
(b) (1) The court shall notify the prosecuting attorney of a petition madeunder subsection(a) and shall afford the prosecuting attorney an opportunity to respond.
(2) Upon receiving notice of a petition made under subsection (a), theprosecutingattorney shall take such steps as are necessary to ensure that any remainingbiological materialthat was secured in connection with the case is preserved pending thecompletion ofproceedings under this section.
(c) The court shall order DNA testing pursuant to a petition made undersubsection (a)upon a determination that testing may produce noncumulative, exculpatoryevidence relevant tothe claim of the petitioner that the petitioner was wrongfully convicted orsentenced.
(d) The cost of DNA testing ordered under subsection (c) shall be borne bythe state orthe petitioner, as the court may order in the interests of justice, if it isshown that the petitioner isnot indigent and possesses the means to pay.
(e) The court may at any time appoint counsel for an indigent applicant underthissection.
(f) (1) If the results of DNA testing conducted under this section areunfavorable to thepetitioner, the court:
(A) Shall dismiss the petition; and
(B) in the case of a petitioner who is not indigent, may assess thepetitioner for thecost of such testing.
(2) If the results of DNA testing conducted under this section are favorableto thepetitioner, the court shall:
(A) Order a hearing, notwithstanding any provision of law that would bar suchahearing; and
(B) enter any order that serves the interests of justice, including, but notlimited to, an order:
(i) Vacating and setting aside the judgment;
(ii) discharging the petitioner if the petitioner is in custody;
(iii) resentencing the petitioner; or
(iv) granting a new trial.
(3) If the results of DNA testing conducted under this section areinconclusive, the court may order a hearing to determine whether there is asubstantial question of innocence. If the petitioner proves by a preponderanceofthe evidence that there is a substantial question of innocence, the court shallproceed as provided in subsection (f)(2).
(g) Nothing in this section shall be construed to limit the circumstancesunder which aperson may obtain DNA testing or other postconviction relief under any otherprovision of law.
