Biological evidence secured in connection with investigation or prosecution; required preservation

1. Except as otherwise provided in this section, upon the conviction of a defendant for a category A or B felony, an agency of criminal justice that has in its possession or custody any biological evidence secured in connection with the investigation or prosecution of the defendant shall preserve such evidence until the expiration of any sentence imposed on the defendant. 2. Biological evidence subject to the requirements of this section may be consumed for testing upon notice to the defendant. 3. An agency of criminal justice may establish procedures for: (a) Retaining probative samples of biological evidence subject to the requirements of this section; and (b) Disposing of bulk evidence that does not affect the suitability of such probative samples for testing. 4. The provisions of this section must not be construed to restrict or limit an agency of criminal justice from establishing procedures for the retention, preservation and disposal of biological evidence secured in connection with other criminal cases. 5. As used in this section, “biological evidence” means any semen, blood, saliva, hair, skin tissue or other identified biological material removed from physical evidence.