[§844D-126] Retention of biological evidence. (a) All evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that is related to the investigation or prosecution of a case in which there has been a judgment of conviction and that may contain biological evidence that could be used for DNA analysis shall be retained at least until the later occurring of either:
(1) The exhaustion of all appeals of the case to which the evidence is related; or
(2) The completion of any sentence, including any term of probation or parole, imposed on the defendant in the case to which the evidence relates.
(b) The attorney general shall establish procedures and protocols, which shall be uniform throughout the State, for the collection and preservation of evidence retained pursuant to this section. [L 2005, c 112, pt of §1]
Section: Previous 844d-113 844d-114 844d-121 844d-122 844d-123 844d-124 844d-125 844d-126 844d-127 844d-128 844d-129 844d-130 844d-131 844d-132 844d-133 NextLast modified: October 27, 2016