of the following within 180 days of the date of service:
(i) files a motion for testing of the evidence under
42 Pa.C.S. § 9543.1 (relating to postconviction DNA
testing); or
(ii) submits a written request for retention of
evidence to the State.
(f) Duty to retain evidence.--If, after providing a notice
of intent to destroy under subsection (e)(2), the State receives
a written request for retention of the evidence, the State shall
retain the evidence until the inmate is no longer in custody.
(g) Evidence to be returned to its owner.--The State may not
be required to preserve evidence that must be returned to its
rightful owner, or is of a size, bulk or physical character as
to render retention impracticable, if practical. The State shall
remove and preserve portions of this material evidence
sufficient to permit future DNA testing before returning or
disposing of it.
(h) Missing biological evidence.--If the State is called
upon to produce biological evidence that could not be located,
and whose preservation was required under the provisions of this
chapter, the chief evidence custodian assigned to the entity
charged with the preservation of the evidence shall provide an
affidavit in which the chief evidence custodian stipulates,
under penalty of perjury, the efforts taken to locate the
evidence and that the evidence could not be located.
§ 9603. Remedies.
The court may impose appropriate sanctions or remedies, such
as contempt, granting a new trial, dismissal of charges,
sentence reduction or sentence modification if the court
determines that evidence was destroyed in violation of the
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