Sec. 1. 15 MRSA §2136, sub-§1-A is enacted to read:

1-A.__Biological evidence.__"Biological evidence" means:

A.__The contents of a sexual assault examination kit; or

B.__Any item that contains blood, semen, hair, saliva, skin tissue or other identifiable biological material, whether that evidence is catalogued separately or is present on other evidence, including, but not limited to, clothing, ligatures, bedding or other household materials, drinking cups and cigarettes.

Sec. 2. 15 MRSA §2136, sub-§6-A is enacted to read:

6-A.__Petitioner.__"Petitioner" means a person authorized pursuant to section 2137 to bring a postjudgment of conviction motion to order DNA analysis.

Sec. 3. 15 MRSA §2137, as enacted by PL 2001, c. 469, §1, is amended to read:

§2137. Postjudgment of conviction motion for DNA analysis; new

trial based on analysis results

A person convicted of a crime under the laws of this State that carries the potential punishment of imprisonment of at least 20 years and for which the person is in actual execution of a sentence of imprisonment or is subject to a sentence of imprisonment that is to be served in the future because another sentence must be served first may file, at any time, a written postjudgment of conviction motion in the underlying criminal proceeding moving the court to order DNA analysis of evidence in the control or possession of the State that is related to the underlying investigation or prosecution that led to the person's conviction and a new trial based on the results of that analysis as authorized by this chapter.

Sec. 4. 15 MRSA §2138, as enacted by PL 2001, c. 469, §1, is amended to read:

§2138. Motion; process

1. Filing motion. A person authorized in section 2137 who chooses to move for DNA analysis shall file the motion in the underlying criminal proceeding. The motion must may be assigned to the trial judge or justice who imposed the sentence unless that judge or justice is unavailable, in which case the