Oklahoma § 22-1373.2 - Motion requesting testing

§ 22-1373.2. Motion requesting testing

A. Notwithstanding any other provision of law concerning

postconviction relief, a person convicted of a violent felony crime

or who has received a sentence of twenty-five (25) years or more and

who asserts that he or she did not commit such crime may file a

motion in the sentencing court requesting forensic DNA testing of

any biological material secured in the investigation or prosecution

attendant to the challenged conviction. Persons eligible for

testing shall include any and all of the following:

1. Persons currently incarcerated, civilly committed, on parole

or probation or subject to sex offender registration;

2. Persons convicted on a plea of not guilty, guilty or nolo

contendere;

3. Persons deemed to have provided a confession or admission

related to the crime, either before or after conviction of the

crime; and

4. Persons who have discharged the sentence for which the

person was convicted.

B. A convicted person may request forensic DNA testing of any

biological material secured in the investigation or prosecution

attendant to the conviction that:

1. Was not previously subjected to DNA testing; or

2. Although previously subjected to DNA testing, can be

subjected to testing with newer testing techniques that provide a

reasonable likelihood of results that are more accurate and

probative than the results of the previous DNA test.

Oklahoma Statutes - Title 22. Criminal Procedure

C. The motion requesting forensic DNA testing shall be

accompanied by an affidavit sworn to by the convicted person

containing statements of fact in support of the motion.

D. Upon receipt of the motion requesting forensic DNA testing,

the sentencing court shall provide a copy of the motion to the

attorney representing the state and require the attorney for the

state to file a response within sixty (60) days of receipt of

service or longer, upon good cause shown. The response shall

include an inventory of all the evidence related to the case,

including the custodian of such evidence.

E. A guardian of a convicted person may submit motions for the

convicted person under the provisions of this act and shall be

entitled to counsel as otherwise provided to a convicted person

pursuant to this act.

Added by Laws 2013, c. 317, § 3, eff. Nov. 1, 2013.