(1) The custodial agency holding evidence, pursuant to a valid court order, involved in a criminal prosecution of a defendant where the penalty of death, life without parole, or life without parole for 25 years is imposed shall preserve all biological evidence for as long as the defendant remains incarcerated under the sentence.

(2) Upon request, all biological evidence shall be made available to defendants enumerated in subsection (1) and said defendants may seek appropriate relief notwithstanding any other provision of the law.

(3) “Biological 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.