Colorado § 18-1-411 - Postconviction testing of DNA - definitions.

Full text of Colorado Colorado Revised Statutes § 18-1-411 — Postconviction testing of DNA - definitions., with citation guidance and answers to common questions.

§ 18-1-411. Postconviction testing of DNA - definitions.

As used in this section and in sections 18-1-412 to 18-1-416, unless the context otherwise requires:

(1) Repealed.

(2) "Actual or constructive possession" means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.

(3) "DNA" means deoxyribonucleic acid.

(3.3) "Eligible person" means a person convicted of a felony offense in Colorado or adjudicated not guilty by reason of insanity for a felony offense in Colorado pursuant to section 16-8-105.5, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration pursuant to section 16-22-103; or a person who has completed the sentence imposed for the felony offense.

(3.5) "Favorable result" means a result that indicates a reasonable probability that the petitioner would not have been convicted.

(4) "Incarcerated" means physically housed in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a county jail following a felony conviction, or in a juvenile facility following adjudication for an offense that would have been a felony if committed by an adult, or under parole supervision.

Source: L. 2003: Entire section added, p. 815, § 1, effective August 6. L. 2023: (1) repealed and (3.3) and (3.5) added, (HB 23-1034), ch. 15, p. 44, § 1, effective October 1.

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 18-1-411

What does Colorado Revised Statutes § 18-1-411 cover?

Section 18-1-411 ("Postconviction testing of DNA - definitions.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 18-1-411?

A common citation format is "Colorado Revised Statutes § 18-1-411" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Colorado law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.

How does Colorado § 18-1-411 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.