2.__Time for filing.__A motion under this section must be filed by the later of:

A.__September 1, 2008, including a motion pertaining to criminal proceedings in which DNA testing was conducted before September 1, 2006;

B.__Two years after the date of conviction; and

C.__In cases in which the request for analysis is based on the existence of new technology with respect to DNA analysis that is capable of providing new material information, within 2 years from the time that the technology became commonly known and available.

Sec. 2. 15 MRSA §2138, sub-§4, as enacted by PL 2001, c. 469, §1, is repealed.

Sec. 3. 15 MRSA §2138, sub-§4-A is enacted to read:

4-A.__Standard for ordering DNA analysis.__The court shall order DNA analysis if a person authorized under section 2137 presents prima facie evidence that:

A.__A sample of the evidence is available for DNA analysis;

B.__The evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, replaced or altered in a material way;

C.__The evidence was not previously subjected to DNA analysis or, if previously analyzed, will be subject to DNA analysis technology that was not available when the person was convicted;

D.__The identity of the person as the perpetrator of the crime that resulted in the conviction was at issue during the person's trial; and

E.__The evidence sought to be analyzed, or the additional information that the new technology is capable of providing regarding evidence sought to be reanalyzed, is material to

the issue of whether the person is the perpetrator of, or accomplice to, the crime that resulted in the conviction.