§ 5566. Order; necessary findings; confidentiality

(a) The court shall grant the petition and order DNA testing if it makes all of the following findings:

(1) A reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentence for the crime that the petitioner claims to be innocent of in the petition if the results of the requested DNA testing had been available to the trier of fact at the time of the original prosecution.

(2) One or more of the items of evidence that the petitioner seeks to have tested is still in existence.

(3) The evidence to be tested was obtained in connection with the offense that is the basis of the challenged conviction and:

(A) was not previously subjected to DNA testing; or

(B) although previously subjected to DNA testing, can be subjected to additional DNA testing that provides a reasonable likelihood of significantly more probative results.

(4)(A)(i) The chain of custody of the evidence to be tested establishes that the evidence has not been tampered with, replaced, or altered in any material respect; or

(ii) if the chain of custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence.

(B) For purposes of this subchapter, evidence that has been in the custody of a law enforcement agency, a governmental body, or a public or private hospital shall be presumed to satisfy the chain-of-custody requirement of this subdivision.

(b) The court may designate in its order:

(1) the type of DNA analysis to be used;

(2) the testing procedures to be followed;

(3) the preservation of some portion of the sample for replicating the testing;

(4) additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis.

(c) DNA profile information from biological samples taken from any person pursuant to a petition under this subchapter shall be confidential except for use and dissemination consistent with this chapter and 20 V.S.A. chapter 113, and shall be exempt from any law requiring disclosure of information to the public. (Added 2007, No. 60, § 1.)