C.R.S. Section 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Repealed.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: Section 18-1-411 — Postconviction testing of DNA - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑1‑101
Citation of title 18
18‑1‑102
Purpose of code, statutory construction
18‑1‑102.5
Purposes of code with respect to sentencing
18‑1‑103
Scope and application of code
18‑1‑104
“Offense” defined - offenses classified - common-law crimes abolished
18‑1‑201
State jurisdiction
18‑1‑202
Place of trial - applicability
18‑1‑301
Second trial barred by former prosecution for same offense
18‑1‑302
Second trial barred by former prosecution for different offense
18‑1‑303
Second trial barred by prosecution in another jurisdiction
18‑1‑304
Former prosecution not a bar
18‑1‑401
Purpose
18‑1‑402
Presumption of innocence
18‑1‑403
Legal assistance and supporting services
18‑1‑404
Preliminary hearing or waiver - dispositional hearing
18‑1‑405
Speedy trial - definition
18‑1‑406
Right to jury trial
18‑1‑407
Affirmative defense
18‑1‑408
Prosecution of multiple counts for same act
18‑1‑409
Appellate review of sentence for a felony
18‑1‑410
Postconviction remedy
18‑1‑410.5
Relief from improperly entered guilty pleas - legislative declaration
18‑1‑410.6
Relief from improperly entered guilty pleas for certain misdemeanor and municipal offenses - legislative declaration
18‑1‑411
Postconviction testing of DNA - definitions
18‑1‑412
Procedure for application for DNA testing - appointment of counsel
18‑1‑413
Content of application for DNA testing
18‑1‑414
Preservation of evidence
18‑1‑415
Testing - payment
18‑1‑416
Results of the DNA test
18‑1‑417
Ineffective assistance of counsel claims - waiver of confidentiality
18‑1‑501
Definitions
18‑1‑502
Requirements for criminal liability in general and for offenses of strict liability and of mental culpability
18‑1‑503
Construction of statutes with respect to culpability requirements
18‑1‑503.5
Principles of criminal culpability
18‑1‑504
Effect of ignorance or mistake upon culpability
18‑1‑505
Consent
18‑1‑601
Liability based upon behavior
18‑1‑602
Behavior of another
18‑1‑603
Complicity
18‑1‑604
Exemptions from liability based upon behavior of another
18‑1‑605
Liability based on behavior of another - no defense
18‑1‑606
Criminal liability of business entities - definitions
18‑1‑607
Criminal liability of an individual for corporate conduct
18‑1‑701
Execution of public duty
18‑1‑702
Choice of evils
18‑1‑703
Use of physical force - special relationships
18‑1‑704
Use of physical force in defense of a person - definitions
18‑1‑704.5
Use of deadly physical force against an intruder
18‑1‑705
Use of physical force in defense of premises
18‑1‑706
Use of physical force in defense of property
18‑1‑706.5
Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle
18‑1‑707
Use of force by peace officers - definitions
18‑1‑708
Duress
18‑1‑709
Entrapment
18‑1‑710
Affirmative defense
18‑1‑711
Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal
18‑1‑712
Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions
18‑1‑712.5
Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition
18‑1‑713
Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses
18‑1‑714
Protective hearing - victim’s, defendant’s, or witness’s gender identity, gender expression, or sexual orientation - definitions
18‑1‑801
Insufficient age
18‑1‑802
Insanity
18‑1‑803
Impaired mental condition
18‑1‑804
Intoxication
18‑1‑805
Responsibility - affirmative defense
18‑1‑901
Definitions
18‑1‑1001
Protection order against defendant - definitions
18‑1‑1001.5
Protection order against defendant - transfer of wireless telephone service in domestic violence cases - definitions
18‑1‑1002
Criminal contempt proceedings - notice to district attorney
18‑1‑1101
Definitions
18‑1‑1102
Scope
18‑1‑1103
Duty to preserve DNA evidence
18‑1‑1104
Manner and location of preservation of DNA evidence
18‑1‑1105
Law enforcement agency request for permission to dispose of evidence - procedures
18‑1‑1106
Defendant request for disposition of or waiver of preservation of DNA evidence - procedures
18‑1‑1107
Victim request for disposition of DNA evidence - procedures
18‑1‑1108
Notice - form and sufficiency
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1-411’s source at colorado​.gov