Oklahoma § 22-1373.5 - Results - Relief

§ 22-1373.5. Results - Relief

A. If the results of the forensic DNA testing conducted under

the provisions of the Postconviction DNA Act are favorable to the

petitioner, the court shall schedule a hearing to determine the

appropriate relief to be granted. Based on the results of the

testing and any other evidence presented at the hearing, the court

shall thereafter enter any order that serves the interests of

justice including, but not limited to, any of the following:

1. An order setting aside or vacating the judgment of

conviction, judgment of not guilty by reason of mental disease or

defect or adjudication of delinquency;

2. An order granting the petitioner a new trial or fact-finding

hearing;

3. An order granting the petitioner a new commitment hearing or

dispositional hearing;

4. An order discharging the petitioner from custody;

5. An order specifying the disposition of any evidence that

remains after the completion of the testing;

6. An order granting the petitioner additional discovery on

matters related to the DNA test results on the conviction or

sentence under scrutiny including, but not limited to, documents

pertaining to the original criminal investigation or the identities

of other suspects; or

7. An order directing the state to place any unidentified DNA

profile or profiles obtained from postconviction DNA testing into

Oklahoma or federal databases as allowed within applicable state and

federal laws.

B. If the court issues an order setting aside or vacating the

judgment of conviction and dismisses the case with prejudice, a copy

of the order indicating the individual has been exonerated through

DNA testing shall be submitted to the Oklahoma State Bureau of

Investigation in accordance with the requirements of Section 150.12

of Title 74 of the Oklahoma Statutes.

C. If the results of the tests are not favorable to the

petitioner, the court shall:

1. Dismiss the motion; and

2. Make such further orders as the court deems appropriate,

including an order that:

a.

requires the DNA test results be provided to the

Pardon and Parole Board or Department of Corrections,

or

b.

requests the DNA profile of the petitioner be added to

the convicted offender index database of the OSBI

Combined DNA Index System (CODIS) Database as provided

by law.

Oklahoma Statutes - Title 22. Criminal Procedure

Added by Laws 2013, c. 317, § 6, eff. Nov. 1, 2013.

2024, c. 259, § 3, eff. Nov. 1, 2024.

Amended by Laws