ROBERT L. EHRLICH, JR., Governor                             Ch. 240

3-307 of the Criminal Law Article may file a petition for DNA testing of scientific
identification evidence that the State possesses as provided in subsection (i) of this
section and that is related to the judgment of conviction.

(c)     Subject to subsection (d) of this section, a court shall order DNA testing if
the court finds that:

(1)     [(i) the scientific identification evidence was not previously
subjected to the DNA testing that is requested for reasons beyond the control of the
petitioner; or

(ii) the type of DNA test being requested is different from tests
previously conducted and would have a reasonable likelihood of providing a more
probative result than tests previously conducted;

(2)     the scientific identification evidence was secured as provided in
subsection (i) of this section, in relation to the crime for which the petitioner was
convicted;

(3)     the scientific identification evidence to be tested has been subject to a
chain of custody as provided under subsection (i) of this section that is sufficient to
establish that it has not been substituted, tampered with, replaced, or altered in any
material aspect;

(4)     identity was an issue in the trial that resulted in the petitioner's
conviction;

(5)] a reasonable probability exists that the DNA testing has the scientific
potential to produce [results materially relevant to the petitioner's assertion of
innocence] EXCULPATORY OR MITIGATING EVIDENCE RELEVANT TO A CLAIM OF
WRONGFUL CONVICTION OR SENTENCING; and

[(6)](2) the requested DNA test employs a method of testing generally
accepted within the relevant scientific community.

(d)     (1) A petitioner shall notify the State in writing of the filing of a petition
under this section.

(2) The State may file a response to the petition within 15 days after
notice of the filing or within the time that the court orders.

(e)     If the court orders DNA testing under subsection (c) of this section, the court
in its order [shall:

(1)     identify the specific scientific identification evidence to be tested;

(2)     identify the method of testing to be used; and

(3)     select the laboratory where the testing is to be performed from a listing
of accredited laboratories to be maintained by the Office of the Attorney General.] MAY
ISSUE ORDERS THE COURT CONSIDERS APPROPRIATE, INCLUDING DESIGNATION OF
ANY OF THE FOLLOWING:

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