The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
POSTCONVICTION DNA TESTING
(Cite as: 13 V.S.A. § 5568)
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§ 5568. Choice of laboratory; payment
(a) If the court orders DNA testing under this subchapter, the testing shall be conducted
at a facility mutually agreed upon by the petitioner and the State and approved by
the court. If the parties are unable to agree, the court shall designate the testing
facility and provide the parties with a reasonable opportunity to be heard on the
issue.
(b) The court shall impose reasonable conditions on the testing to protect the parties’
interests in the integrity of the evidence and the testing process.
(c)(1) The State shall bear the costs of testing performed at the state crime laboratory.
(2) Except as provided in subdivision (3) of this subsection, the court may require the
petitioner or the State, or both, to pay for testing performed at a private laboratory.
(3) If the State Crime Laboratory does not have the ability or resources to conduct the
type of DNA testing to be performed, the State shall bear the costs of testing at
a private laboratory that does have such capabilities or resources. (Added 2007, No. 60, § 1.)