Oklahoma § 22-1371.1 - DNA Forensic Testing Program purpose - Authority of the

§ 22-1371.1. DNA Forensic Testing Program purpose - Authority of the

Oklahoma Indigent Defense System - Claim priority.

A. A DNA Forensic Testing Program shall be created within the

Oklahoma Indigent Defense System to investigate, screen, and present

to the appropriate prosecutorial agency claims that scientific

evidence will demonstrate indigent persons convicted of, and

presently incarcerated on, any felony offense upon which the testing

is sought are factually innocent. Factual innocence requires the

defendant to establish by clear and convincing evidence that no

reasonable jury would have found the defendant guilty beyond a

reasonable doubt in light of the new evidence. The System’s

services shall be available only upon the submission of an affidavit

of indigency to the System signed by an incarcerated person

convicted of a felony and upon a preliminary determination by the

System that the claim has a reasonable basis in fact.

Determinations of indigency shall be made at the sole discretion of

the System based on rules for determining indigency promulgated by

the Court of Criminal Appeals pursuant to the Indigent Defense Act.

Determinations of reasonableness and acceptance of cases for which

DNA testing will be performed shall be within the sole discretion of

the System and shall not be subject to judicial review.

B. The System shall employ such attorneys, investigators, and

other employees as may be necessary to process and present claims of

factual innocence to the appropriate prosecuting agency in an

efficient manner.

Oklahoma Statutes - Title 22. Criminal Procedure

C. The System shall give priority to claims based on certain

factors, including but not limited to:

1. The opportunity for conclusive or near conclusive proof that

the person is factually innocent by reason of scientific evidence;

and

2. A lengthy sentence of imprisonment or a death sentence.

D. The System is authorized to investigate cases and arrange

for the forensic testing of evidence to determine whether evidence

of factual innocence exists. Samples must be of sufficient quantity

to allow testing by both the prosecution and the defense. Neither

the prosecution nor defense shall consume the entire sample in

testing in the absence of a court order allowing the sample to be

entirely consumed in testing. The System shall request the Oklahoma

State Bureau of Investigation or the city in which the offense upon

which the testing is sought was committed to perform the testing.

The Bureau or the city may decline for any reason at their

discretion in writing within thirty (30) days of receipt of the

request. In those cases where the Bureau or city declines or fails

to respond within thirty (30) days, or cannot perform the testing

within a reasonable time, the System may request the professional

services of experts under contract with the System as necessary for

testing and presentation of such claims to the appropriate

prosecuting agency.

E. All municipal, county and state forensic laboratories shall

provide copies to the System of laboratory examination reports

regarding cases accepted for investigation by the DNA Forensic

Testing Program administered by the Oklahoma Indigent Defense

System. The reports shall be confidential and not subject to the

Oklahoma Open Records Act. The reports shall be used only for

investigating, screening, and presenting claims pursuant to the

provisions of the DNA Forensic Testing Act.

F. Nothing in the DNA Forensic Testing Act shall require any

person other than an incarcerate to provide a sample from their body

for purposes of testing.

Added by Laws 2000, c. 276, § 2, eff. July 1, 2000. Amended by Laws

2004, c. 123, § 2, emerg. eff. April 19, 2004.