{"data":{"id":"us-ky/krs-17.176","jurisdiction":"us-ky","citation":"KRS 17.176","heading":"Probative value of DNA test -- Submission of evidence by parties in case --","body":"Fees and costs.\n(1) In addition to the requirements specified in KRS 422.285, any evidence submitted\nfor testing and analysis pursuant to KRS 422.285 or 422.287 shall be of p robative\nvalue. When the motion is filed with the court requesting testing and analysis of\nevidence pursuant to this section, the applicant shall include sufficient information\nabout the evidence, the necessity for its testing and analysis, and its applica bility to\nthe proceeding for a court to make a determination of the probative value of the\nevidence proposed to be tested and analyzed.\n(2) The prosecution, with a court order issued pursuant to this section, may submit not\nmore than five (5) items of evid ence for testing and analysis by the Department of\nKentucky State Police forensic laboratory or another laboratory selected by the\nDepartment of Kentucky State Police forensic laboratory. In capital cases, the tests\nshall be performed without charge to the  prosecution. The cost of testing and\nanalysis of any items of evidence in excess of the five (5) initial items to be tested\nand analyzed shall be borne by the agency or person requesting the testing and\nanalysis. Any additional item of evidence submitted for testing and analysis shall be\naccompanied by the court order specified in subsection (1) of this section.\n(3) The defense, with a court order issued pursuant to this section, may submit not more\nthan five (5) items of evidence for testing and analysis by the Department of\nKentucky State Police forensic laboratory or another laboratory selected by the\nDepartment of Kentucky State Police forensic laboratory. In capital cases, the tests\nshall be performed without charge to the defense. The cost of testing and analysis of\nany item of evidence in excess of the five (5) initial items to be tested and analyzed\nshall be borne by the agency or person requesting the testing and analysis. Any\nadditional item of evidence submitted for testing and analysis shall be a ccompanied\nby the court order specified in subsection (1) of this section.\n(4) Any other party in a criminal case, with permission of the court after a specific\nshowing of necessity for testing and analysis, together with the items specified in\nsubsection (1) of this section, may submit an item of evidence for testing and\nanalysis by the Department of Kentucky State Police forensic laboratory or another\nlaboratory selected by the Department of Kentucky State Police forensic laboratory\nfor testing and analys is. The cost of testing and analysis of any item of evidence\npermitted to be submitted by the court shall be borne by the person or organization\nrequesting the testing and analysis.\n(5) The Department of Kentucky State Police shall promulgate by administra tive\nregulation a uniform schedule of fees to be charged for testing and analysis\nconducted pursuant to KRS 422.285 or 422.287.","path":["KRS Chapter 17"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42299","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:38Z","sha256":"d0d90d5f49a961859e15e23e9f3ad19abb3a1e40402f8dd36c0e9c0fac364204","source_id":"us-ky","stale":false,"prev":"us-ky/krs-17.175","next":"us-ky/krs-17.177"},"notice":"GroundRules: Original legal text. Not legal advice."}