| | | If the court orders DNA analysis: |
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| | | A.__The analysis must be conducted by a facility mutually | | acceptable to the petitioner and the State and approved by | | the court.__If the parties are unable to agree, the court | | shall designate the analysis facility and provide the | | parties with reasonable opportunity to be heard on the issue | | of the choice of the laboratory; |
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| | | B.__The court shall impose reasonable conditions on the | | analysis to protect the parties' interests in the integrity | | of the evidence and the analysis process; and |
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| | | C.__The court may make other orders it considers | | appropriate, including, but not limited to, requiring the | | collection and DNA analysis of biological samples from a 3rd | | party. The court may also: |
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| | | (1)__Specify the type of DNA analysis to be used; |
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| | | (2)__Specify the testing procedure to be followed; |
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| | | (3)__Require the preservation of some portion of the | | sample for the purpose of repeating the DNA analysis; | | or |
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| | | (4)__Require additional DNA analysis if the results of | | the initial DNA analysis are inconclusive or otherwise | | merit additional scientific analysis. |
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| | | Notwithstanding any law to the contrary, a sample taken | | pursuant to this paragraph from a 3rd party is exempt from | | any law requiring the disclosure of information to the | | public. |
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| | | 6. Appeal from court decision to grant or deny motion to | order DNA analysis. An aggrieved person A petitioner may not | | appeal as a matter of right from the denial of a motion to order | DNA analysis. The time, and manner and specific conditions for | | taking that appeal to the Supreme Judicial Court, sitting as the | | Law Court, are as the Supreme Judicial Court provides by rule. | | The State may not appeal from a court order to grant a motion to | | order DNA analysis. |
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| | | 7. Payment. If the person authorized in section 2137 is | able, the person shall pay for the cost of the DNA analysis. If | the court finds that the person is indigent, the crime lab shall | pay for the cost of DNA analysis ordered under this section DNA | | analysis ordered by the court pursuant to subsection 5 is | | conducted by the crime lab, the State shall bear the costs of the | | DNA analysis.__If the DNA analysis is performed at a private |
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