Section 17-28-30 - Offenses for which post-conviction DNA testing available(A) A person who pled not guilty to at least one of the following offenses, was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication:(1) murder (Section 16-3-10);(2) killing by poison (Section 16-3-30);(3) killing by stabbing or thrusting (Section 16-3-40);(4) voluntary manslaughter (Section 16-3-50);(5) homicide by child abuse (Section 16-3-85(A)(1));(6) aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2));(7) lynching in the first degree (Section 16-3-210);(8) killing in a duel (Section 16-3-430);(9) spousal sexual battery (Section 16-3-615);(10) criminal sexual conduct in the first degree (Section 16-3-652);(11) criminal sexual conduct in the second degree (Section 16-3-653);(12) criminal sexual conduct in the third degree (Section 16-3-654);(13) criminal sexual conduct with a minor (Section 16-3-655);(14) arson in the first degree resulting in death (Section 16-11-110(A));(15) burglary in the first degree for which the person is sentenced to ten years or more (Section 16-11-311(B));(16) armed robbery for which the person is sentenced to ten years or more (Section 16-11-330(A));(17) damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section 16-11-540);(18) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F));(19) sexual misconduct with an inmate, patient, or offender (Section 44-23-1150);(20) unlawful removing or damaging of an airport facility or equipment resulting in death (Section 55-1-30(3));(21) interference with traffic-control devices or railroad signs or signals resulting in death (Section 56-5-1030(B)(3));(22) driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section 56-5-2945);(23) obstruction of railroad resulting in death (Section 58-17-4090); or(24) accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection.(B) A person who pled guilty or nolo contendere to at least one of the offenses enumerated in subsection (A), was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication no later than seven years from the date of sentencing.2008 Act No. 413, Section 1, eff 1/1/2009.Code Commissioner's Note
Sections 16-3-30, 16-3-40, and 16-3-430, referenced in subsections (A)(2), (A)(3), and (A)(8), were repealed by 2010 Act No. 273, Section 22.