of guilty to a crime of violence, as defined in section
9714(g) (relating to sentences for second and subsequent
offenses), or a confession given by an applicant concerning
the offense for which the applicant was convicted shall not
prohibit the applicant from asserting actual innocence under
subsection (c)(2) or the court from making a determination
and ordering DNA testing under subsection (d)(2).
(6) The motion shall explain how, after review of the
record of the applicant's trial, there is a reasonable
possibility if the applicant is under State supervision, or
there is a reasonable probability if the applicant is not
under State supervision, or after review of the record of the
applicant's guilty plea there is a reasonable probability,
that the testing would produce exculpatory evidence that
would establish :
(i) the applicant's actual innocence of the offense
for which the applicant was convicted;
(ii) in a capital case, the applicant's actual
innocence of the charged or uncharged conduct
constituting an aggravating circumstance under section
9711(d) (relating to sentencing procedure for murder of
the first degree) if the applicant's exoneration of the
conduct would result in vacating a sentence of death; or
(iii) in a capital case, a mitigating circumstance
under section 9711(e)(7) under the circumstances set
forth in section 9711(c)(1)(iv).
(b) Notice to the Commonwealth.--
(1) Upon receipt of a motion under subsection (a), the
court shall notify the Commonwealth and shall afford the
Commonwealth an opportunity to respond to the motion.
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