2014 Kentucky Revised Statutes CHAPTER 422 - EVIDENCE AND LOST RECORDS 422.287 Motion for DNA testing of evidence -- Court order -- Results -- Maintaining results.
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422.287 Motion for DNA testing of evidence -- Court order -- Results -Maintaining results.
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When a person is being tried for a capital offense and there is evidence in the
case which may be subjected to deoxyribonucleic acid (DNA) testing and
analysis, the Commonwealth or the defendant may move to have any item of
evidence not previously subjected to DNA testing and analysis tested and
analyzed.
If the court is satisfied that the item of evidence has not been tested and
analyzed, that DNA testing and analysis would yield evidence of probative
value, and that the item of evidence has not previously been the subject of
DNA testing and analysis or that new DNA testing and analysis would yield a
more accurate result, the court shall order DNA testing and analysis of the
evidence.
The testing and analysis of the evidence shall be done by the Department of
Kentucky State Police laboratory or at another laboratory selected by the
Department of Kentucky State Police laboratory.
DNA testing and analysis results shall be made available to both the
Commonwealth and the defendant, and either the Commonwealth or the
defendant may move that they be admitted at trial.
If the defendant is convicted of any offense for which DNA test and analysis
results are required to be maintained by law, the DNA test and analysis results
obtained pursuant to this section shall be utilized for that purpose, whether or
not the test and analysis results were introduced in the case.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 308, effective June 26, 2007. -Created 2002 Ky. Acts ch. 154, sec. 2, effective July 15, 2002.
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