Oklahoma § 22-751.1 - DNA profile - Use as evidence - Notification of

§ 22-751.1. DNA profile - Use as evidence - Notification of

defendant.

A. As used in this act:

1. "Deoxyribonucleic Acid (DNA)" means the molecules in all

cellular forms that contain genetic information in a patterned

chemical structure of each individual; and

2. "DNA Profile" means an analysis of DNA resulting in the

identification of an individual's patterned chemical structure of

genetic information.

B. 1. At any hearing prior to trial or at a forfeiture

hearing, a report of the findings of a laboratory report from a

forensic laboratory operated by this state or any political

subdivision thereof, or from a laboratory performing analysis at the

request of a forensic laboratory operated by this state or any

political subdivision thereof, regarding DNA Profile, which has been

made available to the accused by the office of the district attorney

at least five (5) days prior to the hearing, when certified as

correct by the persons making the report, shall be received as

evidence of the facts and findings stated, if relevant and otherwise

admissible in evidence. If a report is deemed relevant by the state

or the accused, the court shall admit the report without the

testimony of the person making the report, unless the court,

pursuant to this section, orders the person making the report to

appear. If the accused is not served with a report, by the district

attorney, at least five (5) days prior to a hearing, the accused may

be allowed a continuance of the portion of the hearing to which the

Oklahoma Statutes - Title 22. Criminal Procedure

report is relevant, to allow at least five (5) days' preparation

subsequent to the furnishing of the report by the district attorney.

2. The court, upon motion of the state or accused, shall order

the attendance of any person preparing such a report submitted as

evidence in any hearing prior to trial or forfeiture hearing, when

it appears there is a substantial likelihood that material evidence

not contained in the report may be produced by the testimony of the

person having prepared the report. The motion shall be filed and

notice given of the hearing on the motion to order the attendance of

the person having prepared the report. A hearing shall be held and,

if the motion is sustained, an order issued giving not less than

five (5) days' prior notice to the time when the testimony shall be

required. If, within five (5) days prior to the hearing or during a

hearing, a motion is made pursuant to this subsection requiring a

person having prepared a report to testify, the court may hear the

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the person having

prepared the report, the motion is heard, and, if sustained,

testimony ordered can be given.

C. If the state decides to offer evidence of a DNA profile in

any trial on the merits, the state shall, at least fifteen (15) days

before the criminal proceeding, notify in writing the defendant or

the defendant's attorney and mail, deliver, or make available to the

defendant or the defendant's attorney a copy of any report or

statement to be introduced that has not previously been made

available to the defendant or the defendant’s attorney pursuant to

subsection B of this section.

Added by Laws 1991, c. 227, § 1, emerg. eff. May 23, 1991. Amended

by Laws 2001, c. 88, § 1, eff. Nov. 1, 2001; Laws 2009, c. 274, § 1,

eff. Nov. 1, 2009.