77-11c-403. Remedies for failure to preserve biological evidence.
(1) Except as provided in Subsectionsand, if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including: (1)(b) (2) the grant of a new trial; an instruction to the jury that evidence was not preserved as required by law; the reduction of the sentence; the dismissal of the criminal charge; the vacation of the conviction; or the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant. The provisions in Subsectionapply only if: (1)(a) a defendant's appeal has not concluded; a defendant's time for appeal has not expired; or a defendant has received a new trial in accordance with Subsection. (2)(b)
(2) A defendant shall seek relief under, if: Title 78B, Chapter 9, Postconviction Remedies Act the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and the defendant's appeal has concluded; or the time for the defendant's appeal has expired. If a defendant obtains relief under, the provisions in Subsectionapply to the defendant's new trial. Title 78B, Chapter 9, Postconviction Remedies Act (1)