Regardless of whether a petition has been filed under this chapter, if:

1. (1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted in a person's conviction; and

2. (2) the testing will consume the remaining biological evidence;

   the prosecuting attorney must notify the person of the proposed DNA testing and analysis.

As added by P.L.49-2001, SEC.2.