Oklahoma § 22-1373.4 - Hearing - Testing

§ 22-1373.4. Hearing - Testing

A. After the motion requesting forensic DNA testing and

subsequent response have been filed, the sentencing court shall hold

a hearing to determine whether DNA forensic testing will be ordered.

A court shall order DNA testing only if the court finds:

1. A reasonable probability that the petitioner would not have

been convicted if favorable results had been obtained through DNA

testing at the time of the original prosecution;

2. The request for DNA testing is made to demonstrate the

innocence of the convicted person and is not made to unreasonably

delay the execution of the sentence or the administration of

justice;

3. One or more of the items of evidence the convicted person

seeks to have tested still exists;

4. The evidence to be tested was secured in relation to the

challenged conviction and either was not previously subject to DNA

testing or, if previously tested for DNA, the evidence can be

subjected to additional DNA testing that will provide a reasonable

likelihood of more probative results; and

5. The chain of custody of the evidence to be tested is

sufficient to establish that the evidence has not been substituted,

tampered with, replaced or altered in any material respect or, if

Oklahoma Statutes - Title 22. Criminal Procedure

the chain of custody does not establish the integrity of the

evidence, the testing itself has the potential to establish the

integrity of the evidence. For purposes of this act, evidence that

has been in the custody of law enforcement, other government

officials or a public or private hospital shall be presumed to

satisfy the chain-of-custody requirement of this subsection absent

specific evidence of material tampering, replacement or alteration.

B. If at the close of the hearing the court orders DNA forensic

testing to be conducted, the court by written order shall require

the attorney representing the state to effect the transfer of the

item or items of evidence to be tested along with any documents,

logs or reports relating to the items of evidence collected in

connection with the criminal case to the designated laboratory or

laboratories within thirty (30) days of the order. In addition, the

court shall require the attorney representing the state to assist

the petitioner in locating any evidence the state contends was lost,

destroyed or in the possession of any other governmental entity,

public or private hospital, laboratory or other facility.

C. If the attorney representing the state or the petitioner

previously conducted any DNA analysis or other biological-evidence

testing without the knowledge of the other party, such testing shall

be revealed in the motion requesting forensic DNA testing or

response.

D. The court may order DNA testing to be performed by the

Oklahoma State Bureau of Investigation (OSBI), an accredited

laboratory operating under contract with the OSBI or another

accredited laboratory, as defined in Section 150.37 of Title 74 of

the Oklahoma Statutes. If the OSBI or an accredited laboratory

under contract with the OSBI conducts the testing, the state shall

bear the costs of the testing. If another laboratory conducts the

testing because neither the OSBI nor an accredited laboratory under

contract with the OSBI has the ability or the resources to conduct

the type of DNA testing to be performed, or if an accredited

laboratory that is neither the OSBI nor under contract with the OSBI

is chosen for some other reason, then the court shall require the

petitioner to pay for the testing.

E. The results of any postconviction DNA testing conducted

under the provisions of this act, including any laboratory reports

prepared in connection with the testing, the underlying data or

other laboratory documents, shall be disclosed to the petitioner,

the attorney for the state and the court.

F. If an accredited laboratory other than the OSBI or one under

contract with the OSBI performs the DNA testing, the court shall

impose reasonable conditions on the testing of the evidence to

protect the interests of the parties in the integrity of the

evidence and testing process and to preserve the evidence to the

greatest extent possible.

Oklahoma Statutes - Title 22. Criminal Procedure

Added by Laws 2013, c. 317, § 5, eff. Nov. 1, 2013.