2014 Oklahoma Statutes
Title 22. Criminal Procedure
§22-1373.2. Motion requesting testing.
A. Notwithstanding any other provision of law concerning postconviction relief, a person convicted of a violent felony crime or who has received a sentence of twenty-five (25) years or more and who asserts that he or she did not commit such crime may file a motion in the sentencing court requesting forensic DNA testing of any biological material secured in the investigation or prosecution attendant to the challenged conviction. Persons eligible for testing shall include any and all of the following:
1. Persons currently incarcerated, civilly committed, on parole or probation or subject to sex offender registration;
2. Persons convicted on a plea of not guilty, guilty or nolo contendere;
3. Persons deemed to have provided a confession or admission related to the crime, either before or after conviction of the crime; and
4. Persons who have discharged the sentence for which the person was convicted.
B. A convicted person may request forensic DNA testing of any biological material secured in the investigation or prosecution attendant to the conviction that:
1. Was not previously subjected to DNA testing; or
2. Although previously subjected to DNA testing, can be subjected to testing with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous DNA test.
C. The motion requesting forensic DNA testing shall be accompanied by an affidavit sworn to by the convicted person containing statements of fact in support of the motion.
D. Upon receipt of the motion requesting forensic DNA testing, the sentencing court shall provide a copy of the motion to the attorney representing the state and require the attorney for the state to file a response within sixty (60) days of receipt of service or longer, upon good cause shown. The response shall include an inventory of all the evidence related to the case, including the custodian of such evidence.
E. A guardian of a convicted person may submit motions for the convicted person under the provisions of this act and shall be entitled to counsel as otherwise provided to a convicted person pursuant to this act.
Added by Laws 2013, c. 317, § 3, eff. Nov. 1, 2013.
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