7-12-303(c). Notwithstanding any other provision of law

7-12-303(c). Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties and the results are favorable to the convicted person, the convicted person may file, and the court shall adjudicate, a motion for a new trial based on the DNA test results.

ARTICLE 4 - POSTCONVICTION DETERMINATION OF FACTUAL INNOCENCE

7-12-401. Short title.

This act shall be known and may be cited as the "Post-Conviction Determination of Factual Innocence Act."

7-12-402. Definitions.

(a) As used in this act:

(i) "Bona fide issue of factual innocence" means that the newly discovered evidence presented by the petitioner, if credible, would clearly establish the petitioner's factual innocence;

(ii) "Factual innocence" or "factually innocent" means a person:

(A) Did not engage in the conduct for which he was convicted;

(B) Did not engage in conduct constituting a lesser included or inchoate offense of the crime for which he was convicted; and

(C) Did not commit any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he was convicted.  (iii) "Forensic science" is the application of scientific or technical practices to the recognition, collection, analysis and interpretation of evidence for criminal and civil law or regulatory issues;

(iv) "Newly discovered evidence" means evidence that was not available to the petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, including:

(A) Evidence that was discovered prior to or in the course of any appeal or post-conviction proceedings that served in whole or in part as the basis to vacate or reverse the petitioner's conviction;

(B) Evidence that supports the claims within a petition for post-conviction relief under W.S. 7-14-101 through