Indiana Code 35-38-7-14. Preservation of biological evidence if a petition for DNA testing is filed; preservation of biological evidence following a vacated conviction
(1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proceeding all evidence in the state’s possession or control that could be subjected to DNA testing and analysis for the later of:
Terms Used In Indiana Code 35-38-7-14
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- DNA: refers to deoxyribonucleic acid. See Indiana Code 35-38-7-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- offense: means a felony to which a petition under this chapter relates. See Indiana Code 35-38-7-3
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(B) the period of the defendant’s incarceration.
(2) the state shall:
(A) prepare an inventory of the evidence in the possession or control of the state that could be subjected to DNA testing and analysis; and
(B) submit a copy of the inventory to defense counsel and the court; and
(3) if evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions.
(b) In the event that DNA testing and analysis required under this chapter results in a vacated conviction, all biological evidence shall continue to be preserved in accordance with IC 35-33-5-5(g), and for the latest of the following:
(1) Twenty (20) years from the date the conviction was vacated.
(2) The period of time the defendant is incarcerated for a subsequent conviction.
(3) The remainder of the statute of limitations for the offense.
However, the obligation to preserve biological evidence does not apply to a DNA sample taken from the defendant whose conviction was vacated.
As added by P.L.49-2001, SEC.2. Amended by P.L.89-2022, SEC.5.