{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1373.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1373.2","heading":"Motion requesting testing","body":"A. Notwithstanding any other provision of law concerning\n\npostconviction relief, a person convicted of a violent felony crime\n\nor who has received a sentence of twenty-five (25) years or more and\n\nwho asserts that he or she did not commit such crime may file a\n\nmotion in the sentencing court requesting forensic DNA testing of\n\nany biological material secured in the investigation or prosecution\n\nattendant to the challenged conviction. Persons eligible for\n\ntesting shall include any and all of the following:\n\n1. Persons currently incarcerated, civilly committed, on parole\n\nor probation or subject to sex offender registration;\n\n2. Persons convicted on a plea of not guilty, guilty or nolo\n\ncontendere;\n\n3. Persons deemed to have provided a confession or admission\n\nrelated to the crime, either before or after conviction of the\n\ncrime; and\n\n4. Persons who have discharged the sentence for which the\n\nperson was convicted.\n\nB. A convicted person may request forensic DNA testing of any\n\nbiological material secured in the investigation or prosecution\n\nattendant to the conviction that:\n\n1. Was not previously subjected to DNA testing; or\n\n2. Although previously subjected to DNA testing, can be\n\nsubjected to testing with newer testing techniques that provide a\n\nreasonable likelihood of results that are more accurate and\n\nprobative than the results of the previous DNA test.\n\nC. The motion requesting forensic DNA testing shall be\n\naccompanied by an affidavit sworn to by the convicted person\n\ncontaining statements of fact in support of the motion.\n\nD. Upon receipt of the motion requesting forensic DNA testing,\n\nthe sentencing court shall provide a copy of the motion to the\n\nattorney representing the state and require the attorney for the\n\nstate to file a response within sixty (60) days of receipt of\n\nservice or longer, upon good cause shown. The response shall\n\ninclude an inventory of all the evidence related to the case,\n\nincluding the custodian of such evidence.\n\nE. A guardian of a convicted person may submit motions for the\n\nconvicted person under the provisions of this act and shall be\n\nentitled to counsel as otherwise provided to a convicted person\n\npursuant to this act.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cbadd5d6f79e2a67d3799983c09654170a8e5b4a0b5f567e9a443c2c86fe7df9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1373.1","next":"us-ok/okla.-stat.-tit.-22-22-1373.3"},"notice":"GroundRules: Original legal text. Not legal advice."}