2020 Colorado Revised Statutes
Title 18 - Criminal Code
Article 1. Provisions Applicable to Offenses Generally
Section 18-1-411. Postconviction testing of DNA - definitions.
As used in this section and in sections 18-1-412 to 18-1-416, unless the context otherwise requires:
"Actual innocence" means clear and convincing evidence such that no reasonablejuror would have convicted the defendant.
"Actual or constructive possession" means the biological evidence is maintained orstored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.
"DNA" means deoxyribonucleic acid.
"Incarcerated" means physically housed in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a county jail following a felony conviction, or in a juvenile facility following adjudication for an offense that would have been a felony if committed by an adult, or under parole supervision.
Source: L. 2003: Entire section added, p. 815, § 1, effective August 6.
