Indiana Code
Ind. Code § 35-38-7-5 (2026)
Petition to require testing
✓ current as of May 2026
Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that:
(1) is:
(A) in the possession or control of a court or the state; or
(B) otherwise contained in the Indiana DNA data base established under IC 10-13-6;
(2) is related to the investigation or prosecution that resulted in the person's conviction; and
(3) may contain biological evidence.
As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.93.
Notes of Decisions
Cited in 6
cases, 2005–2017 · leading case: Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne, 557 U.S. 52 (2009).
Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne, 557 U.S. 52 (2009). “725, §5/116-3 (West 2006); Ind. Code §35-38-7-5 (West 2004); Iowa Code §81.”
Karen S. McDowell v. Eric K. Shinseki, 23 Vet. App. 207 (Vet. App. 2009). “5/116-3 (2006); INDIANA — Ind. Code Ann. § 35-38-7-5 (2004); IOWA — Iowa Code § 81-10 (2009); KANSAS — Kan.”
William Lacey v. State of Indiana, 829 N.E.2d 518 (Ind. 2005). “A petition filed by a person who has been convicted or sentenced for a crime by a court of this state that seeks to require forensic DNA testing or analysis of any evidence, whether denominated as a petition filed pursuant to Ind.Code § 35-38-7-5 or 'not, is considered a…”
Greenwell v. State, 884 N.E.2d 319 (Ind. Ct. App. 2008). “Indiana Code section 35-38-7-5 (2002) provides: A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that: (1) ⅛: (A)…”
Mark Bonds v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017). “Indiana Post-Conviction Rule 1(d) states, A petition filed by a person who has been convicted or sentenced for a crime by a court of this state that seeks to require forensic DNA testing or analysis of any evidence, whether denominated as a petition filed pursuant to Ind. Code §…”
Henry Lee Shell, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015). “In his amended petition, he sought relief for ineffective assistance of both trial and appellate counsel, due process violations, a violation of the confrontation clause, and a violation of Indiana Code section 35-38-7-5. [6] The Post-Conviction Relief court (PCR court) held an…”
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