2005 Minnesota Statutes - 590.10 — Preservation of evidence.

     590.10 Preservation of evidence. 


    Subdivision 1.    Preservation.  Notwithstanding any 
 other provision of law, all appropriate governmental entities 
 shall retain any biological evidence relating to the 
 identification of a defendant used to secure a conviction in a 
 criminal case until expiration of sentence unless earlier 
 disposition is authorized by court order after notice to the 
 defendant and defense counsel.  No order for earlier disposition 
 of this evidence shall be issued if the defendant or defense 
 counsel objects. 


    The governmental entity need retain only the portion of 
 such evidence as was used to obtain an accurate biological 
 sample used to obtain a conviction.  If the size of the 
 biological sample requires that it be consumed in analysis, the 
 Minnesota Rules of Criminal Procedure shall apply.  If evidence 
 is intentionally destroyed after the filing of a petition under 
 section 590.01, subdivision 1a, the court may impose appropriate 
 sanctions on the responsible party or parties. 


    Subd. 2.    Definition.  For purposes of this section, 
 "biological evidence" means: 


    (1) the samples obtained in a sexual assault examination 
 kit; or 


    (2) any item that contains blood, semen, hair, saliva, 
 skin, tissue, or other identifiable biological material present 
 on physical evidence or preserved on a slide or swab if such 
 evidence relates to the identification of the defendant. 


    HIST: 2005 c 136 art 12 s 8