A defendant that has been convicted of a crime may ask the court to examine physical evidence of the crime that may contain DNA which would vindicate the defendant.

The petition would include but is not limited to the following:

· Description of the physical evidence;

· Location of the evidence;

· How the evidence was originally obtained;

· Statement that the evidence has not been tested for DNA or the test was inconclusive or did not utilize current scientific testing techniques;

· A statement that the defendant is innocent including how this DNA would exonerate or mitigate her sentence;

· A statement that the defendant’s identification is a genuinely dispute issue; and,

· Why this is a dispute issue.

In considering the motion, the court must determine whether:

· The physical evidence containing the DNA is still in existence;

· The DNA would likely be admissible at trial;

· Whether there is reliable proof the evidence is authentic and is admissible; and

· There exists reasonable probability the defendant will be acquitted or receive a lesser sentence if the DNA is admitted;