KRS 17.176: Probative value of DNA test -- Submission of evidence by parties in case --

Fees and costs.

(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 p robative

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 applica bility to

the proceeding for a court to make a determination of the probative value of the

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 evid ence 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.

(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

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 a ccompanied

by the court order specified in subsection (1) of this 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

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 analys is. 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.

(5) The Department of Kentucky State Police shall promulgate by administra tive

regulation a uniform schedule of fees to be charged for testing and analysis

conducted pursuant to KRS 422.285 or 422.287.