(1) The custodial agency of evidence involved in a death penalty criminal prosecution shall preserve all biological and chemical evidence for as long as the defendant remains incarcerated under a death sentence. (2) Upon request, all biological and chemical evidence shall be made available to defendants sentenced to death and said defendants may seek appropriate relief notwithstanding any other provision of the law. (3) “Biological and chemical evidence” includes the content of sexual assault examination kits, and any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material that is collected as part of a criminal investigation which may reasonably be used to incriminate or exculpate any person for a criminal offense which may carry a penalty of death.
