(a) Notwithstanding part 1 of this chapter, or any other law governing post-conviction relief to the contrary, any appropriate party may, at any time, file a petition requesting the performance of fingerprint analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in a judgment of conviction and that may contain fingerprint evidence.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A felony15 to 60 yearsup to $50,000
class B felony8 to 30 yearsup to $25,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 40-30-403

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • fingerprint analysis: means the processes through which fingerprints are analyzed and compared for identification purposes, including, but not limited to, latent print comparisons and searches in fingerprint databases. See Tennessee Code 40-30-402
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) As used in this section, “any appropriate party” means:

(1) A court on its own motion;
(2) A district attorney general; or
(3) A person convicted of and sentenced for the commission or attempted commission of:

(A) First degree murder;
(B) A Class A felony;
(C) A Class B felony;
(D) Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or
(E) Any other offense, at the direction of the court.
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