(1) The provisions of this part 11 shall apply to the preservation of DNA evidence only when:
The investigation of a felony does not result in or has not resulted in charges beingfiled; or
The filed charges resulted in a conviction for a class 1 felony or for a sex offense thatcarries an indeterminate sentence pursuant to section 18-1.3-1004; or
The filed charges resulted in a conviction for a felony not covered by paragraph (b) of this subsection (1); or
The filed charges resulted in a conviction for any offense not covered by paragraphs(b) and (c) of this subsection (1), and at least one of the charges filed involved a sex offense as defined in section 18-1.3-1003 (5).
For purposes of subsection (1) of this section, conviction shall include a verdict ofguilty by a judge or jury, a plea of guilty or nolo contendere, or a deferred judgment and sentence. For purposes of paragraph (d) of subsection (1) of this section, conviction shall also include a juvenile delinquent adjudication or deferred adjudication.
This part 11 does not impose a statutory duty to retain or store evidence other than inthe situations described in this section.
Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 97, § 1, effective March 18.
Editor's note: This section is similar to former § 18-1-1102 as it existed prior to 2009.