2012 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
844D. Forensic Identification
844D-121 Petition for post-conviction DNA testing.


HI Rev Stat § 844D-121 (2012) What's This?

§844D-121 Petition for post-conviction DNA testing. Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:

(1) Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;

(2) Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and

(3) May contain biological evidence. [L 2005, c 112, pt of §1; am L 2006, c 144, §4]

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