2014 Kentucky Revised Statutes CHAPTER 17 - PUBLIC SAFETY 17.176 Probative value of DNA test -- Submission of evidence by parties in case -- Fees and costs.
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17.176 Probative value of DNA test -- Submission of evidence by parties in
case -- Fees and costs.
(1)
(2)
(3)
(4)
(5)
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 value. When the motion is filed with the court requesting testing
and analysis of evidence pursuant to this section, the applicant shall include
sufficient information about the evidence, the necessity for its testing and
analysis, and its applicability to the proceeding for a court to make a
determination of the probative value of the evidence proposed to be tested and
analyzed.
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 Kentucky State Police forensic laboratory or another laboratory
selected by the Department of Kentucky State Police forensic laboratory. In
capital cases, the tests shall be performed without charge to the prosecution.
The cost of testing and analysis of any items of evidence in excess of the five
(5) initial items to be tested and analyzed shall be borne by the agency or
person requesting the testing and analysis. Any additional item of evidence
submitted for testing and analysis shall be accompanied by the court order
specified in subsection (1) of this section.
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 Kentucky State Police forensic laboratory or another laboratory selected by
the Department of Kentucky State Police forensic laboratory. In capital cases,
the tests shall be performed without charge to the defense. The cost of testing
and analysis of any item of evidence in excess of the five (5) initial items to be
tested and analyzed shall be borne by the agency or person requesting the
testing and analysis. Any additional item of evidence submitted for testing and
analysis shall be accompanied by the court order specified in subsection (1) of
this section.
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 subsection (1) of this section, may submit an item of evidence for testing and
analysis by the Department of Kentucky State Police forensic laboratory or
another laboratory selected by the Department of Kentucky State Police
forensic laboratory for testing and analysis. The cost of testing and analysis of
any item of evidence permitted to be submitted by the court shall be borne by
the person or organization requesting the testing and analysis.
The Department of Kentucky State Police shall promulgate by administrative
regulation a uniform schedule of fees to be charged for testing and analysis
conducted pursuant to KRS 422.285 or 422.287.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 77, sec. 2, effective June 25, 2013. -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 in the second sentences of subsections (2) and (3) of this section by
inserting "of" after the first appearance of "analysis" in each of those sentences.
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