§ 10-9.1-11 - Innocence protection – Mandatory preservation of biological evidence. - Rhode Island Statutes

SECTION 10-9.1-11

   § 10-9.1-11  Innocence protection –Mandatory preservation of biological evidence. – (a) Mandatory preservation. During the term of the defendant'sincarceration resulting from his or her conviction after trial, the RhodeIsland state police and each and every municipal police department in the stateof Rhode Island, their agents, and any person to whom biological evidence hasbeen transferred shall be obligated to preserve all biological evidence thatcomes into its possession during the course of a criminal investigation.

   (b) Petition to destroy evidence. A police departmentor agent may be relieved of the obligation of mandatory preservation byapplying to a justice of the superior court for permission to destroybiological evidence. Upon receipt of the petition, a justice of the superiorcourt shall hold a hearing, and after giving notice to all defendants chargedin connection with the prosecution, the justice shall grant the petition uponfinding that:

   (1) The Rhode Island Supreme Court has decided thedefendant's appeal; and

   (2) The defendant does not seek further preservation of thebiological evidence.

   (c) Petition by defendant requesting testing.Notwithstanding any other provision of law governing postconviction relief, anyperson who was convicted of and sentenced for a crime and who is currentlyserving an actual term of imprisonment and incarceration pursuant to thatsentence may, at any time, file a petition with the superior court requestingthe forensic DNA testing of any evidence that is in the possession or controlof the prosecution, law enforcement, laboratory, or court. A person filing apetition under this section must certify under the pains and penalties ofperjury that the requested testing is related to the investigation orprosecution that resulted in the judgment of conviction and that the evidencesought to be tested contains biological evidence.