Haw. Rev. Stat. § 844D-121

Current through the 2024 Legislative Session

Section 844D-121 - Petition for post-conviction DNA testing

Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:

(1) Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;

(2) Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and

(3) May contain biological evidence.

HRS § 844D-121

L 2005, c 112 , pt of §1; am L 2006, c 144, §4 .