Vermont § 5566 - Order; necessary findings; confidentiality

§ 5566. Order; necessary findings; confidentiality

• (a) The court shall grant the petition and order DNA testing if it makes all of the following
  findings: (1) A reasonable probability exists that the petitioner would not have been convicted
  or would have received a lesser sentence for the crime that the petitioner claims
  to be innocent of in the petition if the results of the requested DNA testing had
  been available to the trier of fact at the time of the original prosecution. (2) One or more of the items of evidence that the petitioner seeks to have tested is still
  in existence. (3) The evidence to be tested was obtained in connection with the offense that is the
  basis of the challenged conviction and: (A) was not previously subjected to DNA testing; or (B) although previously subjected to DNA testing, can be subjected to additional DNA testing
  that provides a reasonable likelihood of significantly more probative results. (4)(A)(i) The chain of custody of the evidence to be tested establishes that the evidence has
  not been tampered with, replaced, or altered in any material respect; or (ii) if the chain of custody does not establish the integrity of the evidence, the testing
  itself has the potential to establish the integrity of the evidence. (B) For purposes of this subchapter, evidence that has been in the custody of a law enforcement
  agency, a governmental body, or a public or private hospital shall be presumed to
  satisfy the chain-of-custody requirement of this subdivision. (b) The court may designate in its order: (1) the type of DNA analysis to be used; (2) the testing procedures to be followed; (3) the preservation of some portion of the sample for replicating the testing; (4) additional DNA testing, if the results of the initial testing are inconclusive or
  otherwise merit additional scientific analysis. (c) DNA profile information from biological samples taken from any person pursuant to
  a petition under this subchapter shall be confidential except for use and dissemination
  consistent with this chapter and 20 V.S.A. chapter 113, and shall be exempt from any
  law requiring disclosure of information to the public. (Added 2007, No. 60, § 1.)