1. (1) If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that wrongful action was material to the defendant's case, the court shall decide the claim upon the merits after an evidentiary hearing.
2. (2) Upon the request of a party, the court may grant additional discretionary disclosures to effectuate fair preparation and presentation of evidence by the opposing party. In case of late or incomplete disclosure, the court has the discretion to enter orders to cure or remedy a violation of any deadlines or other discovery requirements.

3. (3) At the evidentiary hearing, the defendant has the burden to show, by a preponderance of the evidence, that:

   1. (a) A crime laboratory employee engaged in a wrongful action; and
   2. (b) The crime laboratory employee's conduct described in subsection (3)(a) of this section is material to the case.

4. (4)

   1. (a) If the defendant fails to meet their burden pursuant to subsection (3) of this section, the court shall dismiss the claim.
   2. (b) If the defendant meets their burden pursuant to subsection (3) of this section, the court shall vacate the conviction and grant a new trial.

5. (5)

   1. (a) For the purposes of this section, wrongful action is material to the case if, when considered in the totality of the case:

      1. (I) The evidence tested by the crime laboratory employee or the results of testing or testimony of the crime laboratory employee is significant and important evidence in the case;

      2. (II)

         1. (A) A fact or inference in favor of guilt that resulted from testing or testimony about evidence tested by the crime laboratory employee was not also established by independent, reliable evidence; or
         2. (B) A fact or inference in favor of innocence based upon any testing or testimony about evidence tested by the crime laboratory employee was not known or presented prior to the conviction and could be presented at a new trial; and
      3. (III) There is a reasonable probability that, but for the wrongful action, the results of the proceeding would have been different, which is satisfied when there is evidence sufficient to undermine confidence in the verdict or guilty plea.
   2. (b) As long as the requirements of subsection (5)(a) of this section are satisfied, wrongful action may be material to the case if the wrongful action significantly impeaches or casts doubt upon the accuracy of physical evidence testing, the presentation of test results, testimony about the testing or physical evidence by a crime laboratory employee or other witness.
6. (6) A ruling granting or denying a new trial after an evidentiary hearing is a final appealable order.

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1904, § 1, effective June 2.