§ 35-38-7-1 Applicability of chapter
§ 35-38-7-2 “DNA” defined
§ 35-38-7-3 “Offense” defined
§ 35-38-7-4 “Victim” defined
§ 35-38-7-5 Petition to require testing
§ 35-38-7-6 Notice of petition to prosecuting attorney
§ 35-38-7-7 Opportunity to respond to petition
§ 35-38-7-8 Prima facie proof required
§ 35-38-7-9 Order for testing
§ 35-38-7-10 Method and payment for testing
§ 35-38-7-11 Appointment of defense counsel
§ 35-38-7-12 Selection of laboratory
§ 35-38-7-13 Access to laboratory reports
§ 35-38-7-14 Preservation of biological evidence if a petition for DNA testing is filed; preservation of biological evidence following a vacated conviction
§ 35-38-7-15 Discretionary orders by court; elimination samples
§ 35-38-7-16 Notice to victims and third parties
§ 35-38-7-17 Notification of convicted person
§ 35-38-7-18 Unfavorable results of postconviction testing
§ 35-38-7-19 Favorable results of postconviction testing
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Terms Used In Indiana Code > Title 35 > Article 38 > Chapter 7 - Postconviction DNA Testing and Analysis

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • victim: means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner. See Indiana Code 35-38-7-4