2023 Oklahoma Statutes
Title 22. Criminal Procedure
§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 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.

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