An Act To Amend the Law Governing DNA Testing
Maine Legislature, Session 122, LD 1907
Committee: Judiciary
Sponsors: PARADIS, MARTIN, CAMPBELL, CHURCHILL, CUMMINGS, DAVIS, DUPLESSIE, GERZOFSKY, GROSE, LUNDEEN, RICHARDSON, SMITH, DOW, NUTTING
Amends: 15 MRSA §2136, 15 MRSA §2137, 15 MRSA §2138

Legislative Document 
No. 1907 
H.P.1348 
House of Representatives, January 4,2006 
An Act To Amend the Law Governing DNA Testing 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative PARADIS of Frenchville. 
Cosponsored by Senator MARTIN of Aroostook and 
/rl~ 
/J7. 7lltJc';f~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAMPBELL of Newfield, CHURCHILL of Washburn, CUMMINGS of 
Portland, DAVIS of Augusta, DUPLESSIE of Westbrook, GERZOFSKY of Brunswick, 
GROSE of Woolwich, LUNDEEN of Mars Hill, Speaker RICHARDSON of Brunswick, 
SMITH of Van Buren, Senators: DOW of Lincoln, NUTTING of Androscoggin. 
Printed on reeye led paper 
Be it enacted by the People of the ~tate of Maine as follows: 
Sec. 1. 15 MRSA §2136, sub-§I-A is enacted to read: 
I-A. 
Biological evidence. 
"Biological eyidence" means: 
A. 
The contents of a sexual assault examination kit: or 
B. 
Any item that contains blood, semen, hair, saliva, skin 
tissue or other identifiable biological material, whether 
that evidence is catalogued separately or is present on 
other evidence, 
including, but not limited to, clothing, 
ligatures, bedding or other household materials, drinking 
cups and cigarettes. 
Sec. 2. 15 MRSA §2136, sub-§6-A is enacted to read: 
6-A. 
Petitioner. 
"Petitioner" means 
a person authorized 
pursuant to section 2137 to bring a post judgment of conviction 
motion to order DNA analysis. 
Sec. 3. 15 MRSA §2137, as enacted by PL 2001, c. 469, §1, is 
amended to read: 
§2137. Post judgment of conviction motion for DBA analysis; new 
trial based on analysis results 
A person convicted of a crime under the laws of this State 
~ha~-eaEEies-~~e-~~~~-~~-~--~~~~-a~-*ea8~ 
~Q-~~-&R4-~~-~~-~Re-~~-~s-4~-a&~*&~-eKe~~~~efi-~-a 
8eB~eBee--e~--~~~~--~--is--s~9jee~--~~-~--~&~&e&--ef 
iffipFis9BmeB~-~~--~-~9-ee-~~-i&-~Re-~~~~~-aB9~heF 
seB~eBee-fMl-6~--be--~F-v-eG-fif's~ may file, at any time, a written 
post judgment of conviction motion in the underlying criminal 
proceeding moving the court to order DNA analysis of evidence is 
t;he--QOnt~-o-l:--ef'--p<I66e66i-on--e'--t.-he--St;at;e that is related to the 
underlying investigation or prosecution that led to the person's 
conviction and a new trial based on the results of that analysis 
as authorized by this chapter. 
Sec. 4. 15 MRSA §2138, as enacted by PL 2001, c. 469, §l, is 
amended to read: 
§2138. Motion; process 
1. 
Filing motion. 
A person authorized in section 2137 who 
chooses to move for DNA analysis shall file the motion in the 
underlying criminal proceeding. 
The motion ffiQSt may be assigned 
to 
~he--t.-r-:ia-l--jQQ'Je-~r--j~-6~-:i£e--wGG--~~-~ae.--sen-t-enoe--QBless 
~hat--j~4~e--~---~~--is--~Bava-:ilaale7--4~-~~-~a~--the 
Page l-LR2904(1) 
• 
.. 
app~ep~ia~e-£k~~~--~~~-eaief-j~6~iee-~~-~~-~ae-me~ieB 
te-aBe~Re~ any judge or justice. 
Filing and service must be made 
in accordance with Rule 
of 
the Maine 
Rules 
of Criminal 
Procedure. 
A. 
Response: hearing. 
The State shall file a response to 
the motion filed pursuant to subsection 1 within 30 days of 
receipt of the motion. 
The court shall hear the motion no sooner 
than 30 days or later than 90 days after the motion is filed 
pursuant to subsection 1. 
2. 
Preservation of evidence. 
~fi--a--ffiGo~iG-&-4-6--~~~-~BElef' 
~Ris--ohapt.~-,--the The court shall order the State to preserve 
ElYFiB!-~Re-peReeBey-efi-~Re-p*eeeeEliR! all evidence in the State's 
possession or control that could be subjected to DNA analysis !QL 
the 
period of 
time 
that 
a 
person 
remains 
incarcerated. 
on 
probation, civilly committed or subject to registration as a sex 
offender under Title 34-A, chapter 15. 
";he When a motion is 
filed pursuant to 
this chapter, 
the State shall prepare 
an 
inventory of the evidence and submit a copy of the inventory to 
the 
defense 
and 
the 
court. 
If 
evidence 
is 
intentionally 
destroyed after the court orders its preservation, the court may 
impose appropriate sanctions on the responsible party. 
2-A. 
Discoyery. 
Following the filing of a motion pursuant 
to this chapter, the court may: 
A. 
Order the State to locate and provide the petitioner 
filing the motion with any documents. notes, logs or reports 
~ing to 
items 
of 
physical 
evidence 
collected 
in 
connection 
with 
the 
petitioner's 
case 
and 
assist 
the 
petitioner in locating items of biological evidence that the 
State contends may have been lost or destroyed. 
The court 
may order the State to take reasonable measures to locate 
biological evidence that may be in the State's custody or to 
assist the petitioner in locating evidence that may be in 
the custody of a public or private hospitaL laboratory or 
other facility; 
B. 
Order the production of laboratory reports, including 
the underlying data and notes, that have been prepared in 
connection with evidence that has previously been subjected 
to DNA analysis; or 
C. 
Require that, if any DNA analysis or biological evidence 
testing was previously conducted by either the State or the 
petitioner without the knowledge of the other party. such 
analysis or testing be revealed in the motion for analysis 
or the response. 
3. 
Counsel; fees. 
Lhe 
court finds that the 
pe~seB 
fHi-BfJ--a-....ffiG.&j,.e.B--~.ae~o£-~--"-o-n--;n67 petitioner is indigent, the 
court may appoint counsel for the peFs9B petitioner at any time 
during the proceedings under this chapter. 
If the petitioner has 
retained private pro bono counsel, including, but not limited t~_ 
counsel from a nonprofit organization that represents indigent 
pe..liQnSJ-t~.-C.Qurt may awaJ;:~n'!~Qnable attorney's fees and costs 
at the conclusion of the litigation. 
4. 
Proof required. 
The court shall order DNA analysis if a 
peFs9B-.,;u.t-ho-r-:i.--eed--\iBeeF--5eGt.-:i.~-616+ petitioner presents prima 
facie evidence that: 
A. 
The 
evieeBee-~--~-ge-~~-is-~~~~~-~~-the 
iss\ie-~--tRe-~~~-~Q~fi~~~y-~-~~-peFpe&Fa~F-~~--e~ 
aee9mpliee-~~r-~£~-eFime-~~-*e6\iltee--iB--~~-e9Bvie~i9B 
petitioner would not have been convicted, 
or would have 
received a lesser sentence, if favorable results had been 
obtained through DNA analysis at the time of the original 
prosecution; 
B. 
A sample of the evidence is available for DNA analysis; 
c. 
The evidence to be tested has been subject to a chain of 
custody 
sufficient 
to 
establish 
that it has 
not 
been 
substituted, 
tampered 
with, 
replaced 
or 
altered 
in 
a 
material way; 
D. 
The 
evidence 
was 
not 
previously 
subjected 
to 
DNA 
analysis or, if previously analyzed, will be subject to DNA 
analysis technology that was not available when the 
pe~s9B 
petitioner was convicted; aBe 
E. 
The identity of the peFs9B petitioner as the perpetrator 
of the crime that resulted in the conviction was at issue 
during the pe~seR~s petitioner's trialT~ 
F. 
The 
application for 
testing is being made 
for 
the 
purpose of demonstrating innocence or the appropriateness of 
a 
lesser 
sentence 
and 
not 
to 
delay 
unreasonably 
the 
execution of sentence or administration of justice. 
5. 
Court finding; analysis ordered. 
The court shall state 
its findings of fact on the record or shall make written findings 
of fact supporting its decision to grant or deny a motion to 
order 
DNA 
analysis. 
If--1;he--eG-\i-F-t;.-~-ant.-6---a--m&t~-E>&--.f9*--QNA 
aBalysis-~-~~~--seeti9Br-~~-~o£~~-las-~~~-~~~~-QNA 
aBalysis-efi-~~-~if-~-e¥iGeBGe-aBe-efi--a-~-sam~~-estaiBee 
fF9m-the-peFs9BT 
If the court orders DNA analysis: 
A. 
The analysis must be conducted by a facility mutu£ll.y 
acceptable to the petitioner and the State and approved by 
the court. 
I f the parties are unable to agree, the court 
shall 
designate 
the 
analysis 
facility 
and 
provide 
the 
parties with reasonable opportunity to be heard on the issue 
of the choice of the laboratory: 
B. 
The court shall impose reasonable conditions on the 
analysis to protect the parties' interests in the integrity 
of the evidence and the analysis process: and 
C. 
The 
court 
may 
make 
other 
orders 
it 
considers 
appropriate, including, but not limited to, reguiring the 
collection and DNA analysis of biological samples from a 3rd 
party. The court may also: 
(1) 
Specify the type of DNA analysis to be used: 
(2) 
Specify the testing procedure to be followed: 
(3) 
Reguire the preservation of some portion of the 
sample for the purpose of repeating the DNA analysis: or 
(4) 
Reguire additional DNA analysis if the results of 
the initial DNA analysis are inconclusive or otherwise 
merit additional scientific analysis. 
~~th~_tanding any 
law to the contrary, 
a 
sample taken 
pursuant to this paragraph from a 3rd party is exempt from 
any 
law reguiring the disclosure of 
information to the 
public. 
6. 
Appeal from court decision to grant or deny motion to 
order DNA analysis. 
AB-~-~-E'eFseB A petitioner may 
Be~ 
appeal as a matter of right from the denial of a motion to order 
DNA analysis. 
The timeT and manner 
aBEl-~-f-i-G--ee:aQi,1;i,eBs for 
taking that appeal to the Supreme Judicial Court, sitting as the 
Law Court, are as the Supreme Judicial Court provides by rule. 
The State may not appeal from a court order to grant a motion to 
order DNA analysis. 
7. 
Payment. 
If the E'eFSeB-~~-i~-~:a-£e€~4~-~~~-~s 
a9±eT-~he-~£~~~-~-~r-1;ae-€e5~-~-~~~-a:aa~ys~sr--If 
~ae-€e~~~--f-i~~~-~-E'eFSeB-i5-4~~~-~~~~-~a&-saa±± 
E'ay-~e~-~~~~~-gNA-aBaJy5i5-~~~~--~~&-see~~eB DNA 
analysis 
ordered 
by 
the 
court pursuant 
to 
subsection 
is 
conducted by the crime lab, the State shall bear the costs of the 
DNA analysis. 
If the DNA analysis is performed at a private 
laboratory, 
the court may order as the interests of justice 
reguire either the State or the petitioner, if the petitioner is 
able, to pay the costs of the DNA analysis. 
8. 
Results. 
The 
crime lab or private laboratory shall 
provide the results of the DNA analysis under this chapter to the 
court, the pe~s9a-~~B~Jee4-~~-&&&~~-~li+ petitioner and the 
attorney for the State. 
Upon motion by the peFsea petitioner or 
the attorney for the State, the court may shall order that copies 
of 
the 
analysis 
protocols, 
laboratory procedures, 
laboratory 
notes and other relevant records compiled by the crime lab QI. 
private laboratory be provided to the court and to all parties. 
A. 
If the results of the DNA analysis are inconclusive or 
show that the person is the source of the evidence, the 
court shall deny any motion for a new trial. 
If the DNA 
analysis results show that the person is the source -of the 
evidence, the defendant's DNA record must be added to the 
state DNA data base and state DNA data bank. 
The court also 
shall 
order 
the 
petitioner' 5 
probation 
officer 
to 
be 
notified of the results. 
28-
B. 
If the results of the DNA analysis show that the person 
is not the source of the evidence aaEl-~he-~~-4G&s--Re~ 
have-~~~-~~-eeQ~~-~~-~~-e9QaSe~-~~-~~-eeQ~~ 
~:i:aEls--t-ha-t:--~he-~~-:i:s--4nd-iqent 
.... ---~he, the court shall 
~heR hold a hear ing 
a~ --wb-i~-b---t;b&--peI'S9R--mu&t.-- ~s-t.-ab-l-i-sb- -ey 
e~eali'--and--e9av:i:Re:i:R'!J-~-t.Rat.... pursuant to subsection 
~ 
~~+--~1r-&he-~~~~~-~~-~Be-~~-91'-~-~-~el' 
wh:i:eh--t-he--p&-F&G-&-was-~«~-GGQ-J:.d..-ee--t-he-~Fee--e~ 
~he-ev:i:EleReet 
~6+--~he-~~-was-ee~~ee~eaT-~~~-pl'esel'vea 
ey-~~~-~ha~-~l-~-~Be-~~~&--t~-fiaEl--t~--t.ae 
ev:i:aeRee-4s-B~~-~~~~~~-~~~-~-El~~aQeQ-t.hat. 
t.ae-~A-~~~~~~~-t.ae-aRa~ysea-~~~--&he-ev:i:QeRee 
eaR-Re~-ee-~~~~-t~~-~~l-~~-&he-PNA-samp~e 
:i:R:i:~:i:a~~y-eelleet.eQ-QQI':i:B'!J-t.he-:i:Rves~:i:'!Ja~:i:eRt-aRQ 
{.6+--~B-e--pe-r~'~-P-'H'i~G-~1::e4-eHe~Qs:i:ea--as--t~-~Q-Fee--e~ 
t.he-~~,-9a~aReeQ-~~&-~he--e&ae~-~~-iR 
~he-ease7-J5-~~~~~~--t~-}u&t~~1r~~-&ae-eeQ~&-'!Jl'aR~ 
a-Rew-~~ial-r 
9. 
Request for reanalysis. 
the State, the court shall order 
shall stay the person's motion 
results of DNA analysis. 
Upon motion of the attorney 
reanalysis of the evidence 
for 
a 
new trial pending 
for 
and 
the 
10. 
Bearing on resu1ts of DBA ana1ysis; re1ief. 
~Re If the 
results of the DNA analysis show that the petitioner is not the 
source of the evidence. the court shall s,=a'=e--i-G-&--.f-i-ml-i-nqs--ef 
fae'=-~-~R&-~eee~e-~--~a*e-~~~~~-~~BG~~&-e.f-~--SQPpeE'=ia~ 
i,=s-~~~-~-~~~A~-~--eeRy-~~-p&~~a-~~~he~-i~ee--~-see'=iea 
616+-~~-'=Eial-~~-~~~-see,=iea hold a hearing to determine 
the appropriate relief to be granted the petitioner. 
If the 
petitioner does not have counsel. the court shall appoint counsel 
if the court finds that the person is indigent. 
Based on the results of the DNA analysis and any other evidence 
or matter presented at the hearing. the court shall issue an 
order: 
A. 
Setting aside or vacating the petitioner's judgment of 
conviction. 
judgment of not guilty by reason of mental 
disease or defect or adjudication; 
B. 
Granting the petitioner a 
new trial or fact-finding 
hearing; 
C. 
Granting 
the 
petitioner 
a 
new 
sentencing 
hearing. 
COmmitment hearing or dispositional hearing; 
D. 
Discharging the petitioner from custody; 
E. 
Specifying the disposition of any evidence that remains 
after the completion of the DNA analysis; 
F. 
Granting the petitioner additional discovery on matters 
related to the DNA analysis or the underlying conviction or 
~s~e=n~t~e~n~c~e~.~~i~n~c~l~u~d~~~·n=g~. __ ~b~u~t __ -=n~o~t~limited 
to, 
documents 
pertaining to the criminal investigation or the identities 
of other suspects; or 
~ Directing the 
State 
to 
plqce 
any unidentified 
DNA 
profile 
obtained 
from 
post judgment 
of 
conviction 
DNA 
analysis into the state DNA database and state DNA data bank. 
The court shall state its findings of fact on the record or make 
written findings of fact supporting the order that is issued 
pursuant to this subsection. 
11. 
Appeal from a court decision. 
Aa-~~~-peEsea S 
~titioner or the State may ae'= appeal from the 
aea:ia,l-~---a--aew 
~Eial Qrder 
of 
the 
court 
made 
pursuant 
to 
subsection 
10, 
paragraphs A to G as a matter of right. 
The timeT and manner aaa 
speeifie--eeaei'=ieas 
for 
taking 
that 
appeal 
to 
the 
Supreme 
Judicial Court, sitting as the Law Court, are as the Supreme 
Judicial Court provides by rule. 
'±'ae--St:-a1::-e---fIla.Y---appea-l--iH3--a 
ma~~e~-~-~~~--~~-a-£~~~-~~~-~-~~aB~-~~€-~~-a-Bew 
~~ial-~~-t:-h&-~~p~€me-~~~~-GeQ~~T-~~~~~-a&-~he-~-GeQ~~T 
'±'ae-~~~-~--aBQ-£~~~~£-~~~-fe~-~~~~~~-a~~eal 
~e-~~~~-Ja4ieial-beQ£~7-~~~~~~-~ae-haw-~~~~--aB&-as 
~ae-SQ~~eme-JQQieial-GeQ~~-~~eviQeS-By-~QleT 
12. 
Exhaustion. 
A ~e~seB petitioner who has taken a direct 
appeal from the 
judgment of conviction is not precluded from 
utilizing the remedy of this chapter while the appeal is pending, 
provided that the 
resolution of 
the motion is automatically 
stayed pending final disposition of the direct appeal unless the 
Supreme Judicial Court, 
sitting as 
the 
Law Court, 
on motion 
otherwise directs. 
A 
~e~seB petitioner who has initiated a collateral attack upon 
the judgment of conviction under chapter 305-A is not precluded 
from 
utilizing 
the 
remedy 
of 
this 
chapter 
while 
that 
post-conviction 
review 
proceeding 
is 
pending, 
provided 
that 
resolution of the motion is automatically stayed pending final 
disposition of the post-conviction review proceeding unless the 
assigned 
justice 
in 
the 
post-conviction 
review 
proceeding 
otherwise directs. 
13. 
Victim notification. 
When practicable, the attorney 
for the State shall make a good faith effort to give written 
notice of a motion under this section to the victim of the ~erseB 
QeSe~iBeQ-iB-SQBSee~ieB-~ petitioner or to the victim's family if 
the victim is deceased. 
The notice must be by first-class mail 
to the victim's last known address. 
Upon the victim's request, 
the attorney for the State shall give the victim notice of the 
time and place of any hearing on the motion and shall inform the 
victim of the court' s 
~~aB~--<H.=--~-iH--ef-~-Bew--t:-F-i-a-l--t~-~Re 
~erseB order made pursuant to subsection 10. 
14. 
Preservation of biological evidence. 
Effective October 
15, 2001, the investigating law enforcement agency shall preserve 
any biological evidence identified during the investigation of a 
crime or crimes for which any person may file a post judgment of 
conviction motion 
for 
DNA 
analysis 
under this section. 
The 
evidence must be preserved for the period of time that any person 
is incarcerated in connection with that case. 
Effective October 
1, 
2006, 
the investigating law enforcement 
agency shall preserve any biological evidence identified during 
the investigation of a crime or crimes for which any person may 
file a post judgment of conviction motion for DNA analysis under 
this section. The evidence must be preserved for the period of 
time that any person remains incarcerated, on probation, civilly 
• 
committed or subject to registration as a 
sex offender under 
Title 34-A, chapter 15. 
15. 
Report. 
Beginning 
January 
2003 
and 
annually 
thereafter, 
the Department of Public Safety shall 
report 
on 
post-conviction DNA analysis to the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
criminal 
justice 
matters. 
The report must include the number of post judgment of 
conviction analyses completed, 
costs of the analyses 
and the 
results. 
The report also may include recommendations to improve 
the post judgment of conviction analysis process. 
16. 
Successive motiQD&. 
If the petitioner has filed a 
prior motion under this chapter, the petitioner may file another 
motion that must be heard by the court if the petitioner asserts 
new or different grounds for relief. including, but not limited 
to, 
factuaL 
scientific 
or 
legal 
arguments 
not 
previously 
presented or 
the availability of 
more 
advanced 
DNA 
analysis 
technology. 
.l.~~ual cons~!1~o-»--~a1:rsis. This section may not 
be construed to prohibit a convicted person and the State from 
consenting 
to 
and 
conducting post judgment 
of 
conviction 
DNA 
analysis without filing a motion pursuant to this chapter. 
The 
results of DNA analysis conducted pursuant to this subsection are 
governed by the provisions of subsections 8 and 10. 
SUMMARY 
This bill, modeled on the Innocence Project's model statute 
for 
obtaining 
postconviction 
DNA 
testing, 
amends 
the 
laws 
regarding post judgment conviction motions for DNA analysis in the 
following ways: 
1. 
It allows a motion to be brought at any time by any 
convicted 
person, 
regardless 
of 
whether 
the 
person 
is 
incarcerated and the length of the sentence of incarceration; 
2. 
It allows the motion to be brought before any judge or 
justice, not just the judge or justice who imposed the sentence; 
3. 
It provides a time limit for the State to respond to the 
motion and for the court to hear the motion; 
4. 
It requires the State or 
law enforcement agency to 
preserve all evidence in the State's or law enforcement agency's 
possession or control for 
the period of time that 
a 
person 
remains incarcerated, on probation, civilly committed or subject 
to registration as a sex offender; 
5. 
It allows the court, if the petitioner has retained 
private 
counsel, 
including 
a 
nonprofit 
organization 
that 
represents indigent persons, to award reasonable attorney's fees 
and costs to that private counsel; 
6. 
It allows a petition to be brought if the petitioner is 
able to show that the person would not have been convicted or 
would have received a lesser sentence if favorable results had 
been obtained through DNA analysis at the time of the original 
prosecution; 
7. 
It requires the petitioner and the State to agree on a 
laboratory to perform the DNA analysis or, if agreement is not 
possible, requires the court to choose the laboratory with input 
from the petitioner and the State; 
8. 
It requires the State to bear the costs of DNA analysis 
if it is performed by the Maine State Police Crime Laboratory 
located in Augusta; 
9. 
It allo1l."s the court, if it orders DNA analysis, to make 
other orders including specifying the type of DNA analysis and 
testing procedures to be used and requiring the collection and 
analysis 
of 
biological 
samples 
from 
persons 
other 
than 
the 
petitioner; 
10. 
If the results of the DNA analysis are inconclusive or 
show that the petitioner is the source of the DNA, the court is 
required to notify the petitioner's probation officer; 
11. 
If the results of the DNA analysis are favorable to the 
petitioner, it requires the court to hold 
a 
hearing on the 
resul ts. Based on the DNA analysis and any other evidence or 
matter raised at the hearing, the court is required to issue an 
order: 
A. 
Setting aside or vacating the petitioner's 
conviction, 
judgment of not guilty by 
reason 
disease or defect or adjudication; 
judgment of 
of mental 
B. 
Granting the petitioner a 
new trial or fact-finding 
hearing; 
C. 
Granting 
the 
petitioner 
a 
new 
sentencing 
hearing, 
commitment hearing or dispositional hearing; 
D. 
Discharging the petitioner from custody; 
E. 
Specifying the disposition of any evidence that remains 
after the completion of the DNA analysis; 
F. 
Granting the petitioner 
related to the DNA analysis 
sentence, 
including, 
but 
pertaining to the criminal 
of other suspects; or 
additional discovery on matters 
or the underlying conviction or 
not 
limited 
to, 
documents 
investigation or the identities 
G. 
Directing 
the 
State 
to 
place 
any 
unidentified 
DNA 
profile 
obtained 
from 
post judgment 
of 
conviction 
DNA 
analysis into the state DNA database and state DNA data bank; 
12. 
It eliminates the requirement that the petitioner prove 
that only the perpetrator of the crime or crimes for which the 
petitioner was convicted could be the source of the DNA evidence; 
13. 
It allows the petitioner to appeal, 
as a matter of 
right, the court's denial of the motion for DNA analysis; 
14. 
It allows the petitioner or the State, as a matter of 
right, to appeal an order of the court made after the hearing 
conducted due to DNA analysis results favorable to the petitioner; 
15. 
It allows successive motions for DNA analysis to be 
brought if the petitioner asserts new or different grounds for 
relief, including, but not limited to, factual, scientific or 
legal arguments not previously presented or the availability of 
more advanced DNA analysis technology; and 
16. 
It allows a convicted person and the State to consent 
to and conduct post judgment of conviction DNA analysis without 
filing a motion before the court. 
The process following the 
completion of DNA analysis is the same as if the DNA analysis had 
been ordered by the court. 
Page lO-LR2904(l)