Chapter 278A

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: — ''Analysis'', the process by which a forensic or scientific technique is applied to evidence or biological material to identify the perpetr…

Section 10. The costs of the analysis shall be paid: (1) by the moving party if the moving party does not meet the definition of indigency under section 2 of chapter 211D and has sufficient means to make such payment; (2) if the moving party meets the definition of indigency unde…

Section 11. Proceedings under this chapter shall not stay or otherwise interfere with a term of incarceration, parole, probation or other sentence imposed.

Section 12. (a) The results of the analysis shall be simultaneously disclosed to the moving party, the prosecuting attorney and the court. (b) The court shall, at the request of a party or on its own initiative, order production of the underlying laboratory data, documents and no…

Section 13. If the analysis is inconclusive, the court may order any additional analysis requested if the court concludes that the requirements of subsection (b) of section 7 are met.

Section 14. (a) If a motion is filed under section 3, the prosecuting attorney shall notify the victim of the crime in the underlying case. (b) The prosecuting attorney shall notify the victim if the court allows a motion for forensic or scientific analysis and, if the victim is …

Section 15. The right to file a motion under this chapter shall not be waived. This prohibition of any waiver includes, but is not limited to, any stated or unstated waiver that is or is alleged to be part of any agreement or understanding related to any plea of guilty or of nolo…

Section 16. (a) Any governmental entity that is in possession of evidence or biological material that is collected for its potential evidentiary value during the investigation of a crime, the prosecution of which results in a conviction, shall retain such evidence or biological m…

Section 17. (a) Governmental officials and employees acting in good faith shall not be liable in a civil or criminal proceeding for any act under this chapter. (b) If a governmental entity responsible for the preservation of evidence or biological material engages in willful or w…

Section 18. An order allowing or denying a motion for forensic or scientific analysis filed under this chapter shall be a final and appealable order. If the moving party appeals an order denying a motion for forensic or scientific analysis the moving party shall file a notice of …

Section 2. A person may file a motion for forensic or scientific analysis under this chapter if that person: (1) has been convicted of a criminal offense in a court of the commonwealth; (2) is incarcerated in a state prison, house of correction, is on parole or probation or whose…

Section 3. (a) A person seeking relief under this chapter shall file a motion in the court in which the conviction was entered, using the same caption and docket number as identified the underlying case. (b) The motion shall include the following information, and when relevant, s…

Section 4. (a) The moving party shall file a motion under section 3 with the court that adjudicated the underlying case and shall serve a copy of the motion on the prosecuting attorney. (b) If the motion is not dismissed by the court under subsection (e) of section 3, the prosecu…

Section 5. The court may assign or appoint counsel to represent a moving party who meets the definition of indigency under section 2 of chapter 211D in the preparation and presentation of motions filed under this chapter.

Section 6. (a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present for the hearing unless the moving party waives the party's presence at the hearing. (b) The judge who conducted the trial or accepted …

Section 7. (a) After reviewing the motion, the prosecuting attorney's response and after holding a hearing, the court shall state findings of fact and conclusions of law on the record, or shall make written findings of fact and conclusions of law that support the decision to allo…

Section 8. (a) In allowing a motion under section 3, the court shall specify conditions on the analysis, including, but not limited to, the transportation, handling and return of evidence or biological materials, to protect the integrity of the evidence or biological material and…

Section 9. Upon allowance of a motion under section 3, analysis shall take place as soon as practicable.