Indiana Code
Ind. Code § 35-38-7-1 (2026)
Applicability of chapter
✓ current as of May 2026
Sec. 1. This chapter applies only to an offense that is any of the following:
(1) Murder.
(2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014).
(3) A Class B felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014).
(4) A Class C felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014).
(5) A Level 4 felony (for a crime committed after June 30, 2014).
(6) A Level 5 felony (for a crime committed after June 30, 2014).
As added by P.L.49-2001, SEC.2. Amended by P.L.158-2013, SEC.403.
Notes of Decisions
Cited in 9
cases, 2002–2011 · leading case: Williams v. State, 791 N.E.2d 193 (Ind. 2003).
Williams v. State, 791 N.E.2d 193 (Ind. 2003). “” In addition, amici substantively aligned with Williams were allowed to file “Amicus Curiae Brief of A Group Of Concerned Attorneys And Law Professors In Support Of Motion For Forensic Testing Pursuant To Indiana Code § 35-38-7-1.” The State has also filed a “Motion to Set…”
Matheney v. State, 834 N.E.2d 658 (Ind. 2005). “See I.C. §§ 35-38-7-1 through 19. Testing is to be ordered if the convicted person presents "prima facie proof" that, among other things, a reasonable probability exists that the petitioner would not have been conviet-ed of the offense or would not have received as severe a…”
Powers v. State, 343 S.W.3d 36 (Tenn. 2011). “); Ind.Code Ann. §§ 35-38-7-1 to -19 (West, Westlaw through 2011 Public Laws approved & eff.”
Blake v. State, 909 A.2d 1020 (Md. 2006). “§ 19-4902 (Michie 2004); Ind.Code Ann. § 35-38-7-1 to 35-38-7-19 (LexisNexis 1998 & Supp.”
Dowdell v. State, 854 So. 2d 1195 (Ala. Crim. App. 2002). “5/116-3 (2000); Ind.Code §§ 35-38-7-1 through -19 (2001); Me.”
Barbour v. State, 903 So. 2d 858 (Ala. Crim. App. 2004). “5/116-3 (2002); Ind.Code §§ 35-38-7-1 through -19 (Michie Supp.”
State v. Dupigney, 988 A.2d 851 (Conn. 2010). “§ 5/116-3 (West 2008); Ind. Code Ann. §§ 35-38-7-1 through 35-38-7-19 (LexisNexis Cum.”
Johnson v. State, 827 N.E.2d 547 (Ind. 2005). “See I.C. § 35-38-7-1 & 5. As the person requesting the testing, Johnson must show, among other things, the evidence to be tested is material to identifying him as a perpetrator and a "reasonable probability" that he would not have been convicted or would not have received as…”
William Lacey v. State of Indiana, 829 N.E.2d 518 (Ind. 2005). “The State argues that a special statute on forensic DNA testing, Indiana Code Sections 35-38-7-1, et seq., controls. We do not see that statute implicated here, but only normal rules of discovery.”
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