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17.176 Probative value of DNA test -- Submission of evidence by parties in case --
Fees.
(1) In addition to the requirements specified in KRS 422.285, any evidence submitted
for testing and analysis pursuant to KRS 422.285 or 422.287 shall be of probative <br>value. When the motion is filed with the court requesting testing and analysis of <br>evidence pursuant to this section, the applicant shall include sufficient information <br>about the evidence, the necessity for its testing and analysis, and its applicability to <br>the proceeding for a court to make a determination of the probative value of the <br>evidence proposed to be tested and analyzed.
(2) The prosecution, with a court order issued pursuant to this section, may submit not
more than five (5) items of evidence for testing and analysis by the Department of <br>Kentucky State Police forensic laboratory or another laboratory selected by the <br>Department of Kentucky State Police forensic laboratory without charge. The cost <br>of testing and analysis of any items of evidence in excess of the five (5) initial items <br>to be tested and analyzed shall be borne by the agency or person requesting the <br>testing and analysis. Any additional item of evidence submitted for testing and <br>analysis shall be accompanied by the court order specified in subsection (1) of this <br>section.
(3) The defense, with a court order issued pursuant to this section, may submit not more
than five (5) items of evidence for testing and analysis by the Department of <br>Kentucky State Police forensic laboratory or another laboratory selected by the <br>Department of Kentucky State Police forensic laboratory without charge. The cost <br>of testing and analysis of any item of evidence in excess of the five (5) initial items <br>to be tested and analyzed shall be borne by the agency or person requesting the <br>testing and analysis. Any additional item of evidence submitted for testing and <br>analysis shall be accompanied by the court order specified in subsection (1) of this <br>section.
(4) Any other party in a criminal case, with permission of the court after a specific
showing of necessity for testing and analysis, together with the items specified in <br>subsection (1) of this section, may submit an item of evidence for testing and <br>analysis by the Department of Kentucky State Police forensic laboratory or another <br>laboratory selected by the Department of Kentucky State Police forensic laboratory <br>for testing and analysis. The cost of testing and analysis of any item of evidence <br>permitted to be submitted by the court shall be borne by the person or organization <br>requesting the testing and analysis.
(5) The Department of Kentucky State Police shall promulgate by administrative
regulation a uniform schedule of fees to be charged for testing and analysis <br>conducted pursuant to KRS 422.285 or 422.287.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 93, effective June 26, 2007. -- Created
2002 Ky. Acts ch. 154, sec. 3, effective July 15, 2002.
Legislative Research Commission Note (7/15/2002). Under the authority of KRS
7.136, the Reviser of Statutes has corrected a manifest clerical or typographical error
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in the second sentences of subsections (2) and (3) of this section by inserting "of" <br>after the first appearance of "analysis" in each of those sentences.
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