{"data":{"id":"us-ak/as-12.73.020","jurisdiction":"us-ak","citation":"AS 12.73.020","heading":"Findings required for post-conviction DNA testing orders.","body":"The court shall order post-conviction DNA testing of specific evidence if\n(1) the applicant was convicted of a felony under AS 11.41;\n(2) the applicant and, if represented, the applicant's attorney, have submitted the affidavits required by AS 12.73.010(b);\n(3) the applicant did not admit or concede guilt under oath in an official proceeding for the offense that was the basis of the conviction or a lesser included offense, except that the court, in the interest of justice, may waive this requirement; for the purposes of this paragraph, the entry of a guilty or nolo contendere plea is not an admission or concession of guilt;\n(4) the evidence either\n(A) was not subjected to DNA testing; or\n(B) was previously subjected to DNA testing, and\n(i) the applicant is requesting DNA testing using a method or technology that is substantially more probative than the previous DNA testing; or\n(ii) the court determines that granting the application is in the best interest of justice;\n(5) the evidence to be tested has been subject to a chain of custody and retained under conditions that ensure that the evidence has not been substituted, contaminated, or altered in any manner material to the proposed DNA testing;\n(6) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;\n(7) the applicant identifies a theory of defense that would establish the applicant's innocence;\n(8) the applicant was convicted after a trial and the identity of the perpetrator was a disputed issue in the trial;\n(9) the proposed DNA testing of the specific evidence may produce new material evidence that would\n(A) support the theory of defense described in (7) of this section; and\n(B) raise a reasonable probability that the applicant did not commit the offense;\n(10) the applicant consents to provide a DNA sample for purposes of comparison and to entry of the results into the DNA identification registration system under AS 44.41.035 and into any other law enforcement database; and\n(11) the application is timely as described in AS 12.73.040.","path":["Title 12. Code of Criminal Procedure.","Chapter 73. Post-Conviction DNA Testing Procedure."],"source_url":"https://www.akleg.gov/basis/statutes.asp#12.73.020","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:16:46Z","sha256":"d9bd1fa9d44bc249adc093950c927245fde2b7d90c2700aae3e1e7c896eeef17","source_id":"us-ak","stale":false,"prev":"us-ak/as-12.73.010","next":"us-ak/as-12.73.030"},"notice":"GroundRules: Original legal text. Not legal advice."}