{"data":{"id":"us-ky/krs-422.287","jurisdiction":"us-ky","citation":"KRS 422.287","heading":"Motion for DNA testing of evidence -- Court order -- Results --","body":"Maintaining results.\n(1) When a person is being tried for a capital offense and there is evidence in the case\nwhich may be subjected to deoxyribonucleic acid (DNA) testing and analysis, t he\nCommonwealth or the defendant may move to have any item of evidence not\npreviously subjected to DNA testing and analysis tested and analyzed.\n(2) If the court is satisfied that the item of evidence has not been tested and analyzed,\nthat DNA testing and analysis would yield evidence of probative value, and that the\nitem of evidence has not previously been the subject of DNA testing and analysis or\nthat new DNA testing and analysis would yield a more accurate result, the court\nshall order DNA testing and analysis of the evidence.\n(3) The testing and analysis of the evidence shall be done by the Department of\nKentucky State Police laboratory or at another laboratory selected by the\nDepartment of Kentucky State Police laboratory.\n(4) DNA testing and analysis results shall be made available to both the\nCommonwealth and the defendant, and either the Commonwealth or the defendant\nmay move that they be admitted at trial.\n(5) If the defendant is convicted of any offense for which DNA test and analysis results\nare required to be maintained by law, the DNA test and analysis results obtained\npursuant to this section shall be utilized for that purpose, whether or not the test and\nanalysis results were introduced in the case.","path":["KRS Chapter 422"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18138","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:39Z","sha256":"cdb73d99ed1eed8475f5e9bbb660db2bbad3a92eebb39dffb35c68f1b54d8b64","source_id":"us-ky","stale":false,"prev":"us-ky/krs-422.285","next":"us-ky/krs-422.290"},"notice":"GroundRules: Original legal text. Not legal advice."}