2013 Idaho Statutes
Title 19 - CRIMINAL PROCEDURE
Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT
Section 19-4902 - COMMENCEMENT OF PROCEEDINGS -- VERIFICATION -- FILING -- SERVICE -- DNA TESTING.
(b) A petitioner may, at any time, file a petition before the trial court that entered the judgment of conviction in his or her case for the performance of fingerprint or forensic deoxyribonucleic acid (DNA) testing on evidence that was secured in relation to the trial which resulted in his or her conviction but which was not subject to the testing that is now requested because the technology for the testing was not available at the time of trial. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the prosecuting attorney.
(c) The petitioner must present a prima facie case that:
(d) A petitioner who pleaded guilty in the underlying case may file a petition under subsection (b) of this section.
(e) The trial court shall allow the testing under reasonable conditions designed to protect the state's interests in the integrity of the evidence and the testing process upon a determination that:
(f) In the event the fingerprint or forensic DNA test results demonstrate, in light of all admissible evidence, that the petitioner is not the person who committed the offense, the court shall order the appropriate relief.
(g) The cost of the forensic DNA test shall be at the petitioner's expense, except to the extent the petitioner qualifies for the test at public expense pursuant to chapter 8, title 19, Idaho Code, in which case the fingerprint or forensic DNA test shall be performed by, and paid for by funds allocated for, Idaho state police forensic services, provided the requested method of testing or specific technology is validated by the lab, within the laboratory accreditation scope, and laboratory staff are qualified and satisfactorily performing proficiency testing in the testing method. If the laboratory does not offer the specific type of testing required, the Idaho state police shall not be required to outsource the testing or in any way pay for or reimburse any entity for the testing to be performed. For the purposes of this subsection, "validated" means the accumulation of test data within the laboratory to demonstrate that established methods and procedures perform as expected in the laboratory. The petitioner may choose an ISO/IEC 17025 or an American society of crime laboratory directors/laboratory accreditation board accredited DNA testing laboratory to perform the DNA testing. Such testing shall be at the petitioner's expense.
History:
[19-4902, added 1967, ch. 25, sec. 2, p. 42; am. 1979, ch. 133, sec. 1, p. 428; am. 1988, ch. 76, sec. 1, p. 131; am. 1993, ch. 265, sec. 1, p. 898; am. 1996, ch. 420, sec. 2, p. 1399; am. 2001, ch. 317, sec. 3, p. 1129; am. 2010, ch. 135, sec. 3, p. 289; am. 2012, ch. 180, sec. 1, p. 471.]
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