{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1373.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1373.4","heading":"Hearing - Testing","body":"A. After the motion requesting forensic DNA testing and\n\nsubsequent response have been filed, the sentencing court shall hold\n\na hearing to determine whether DNA forensic testing will be ordered.\n\nA court shall order DNA testing only if the court finds:\n\n1. A reasonable probability that the petitioner would not have\n\nbeen convicted if favorable results had been obtained through DNA\n\ntesting at the time of the original prosecution;\n\n2. The request for DNA testing is made to demonstrate the\n\ninnocence of the convicted person and is not made to unreasonably\n\ndelay the execution of the sentence or the administration of\n\njustice;\n\n3. One or more of the items of evidence the convicted person\n\nseeks to have tested still exists;\n\n4. The evidence to be tested was secured in relation to the\n\nchallenged conviction and either was not previously subject to DNA\n\ntesting or, if previously tested for DNA, the evidence can be\n\nsubjected to additional DNA testing that will provide a reasonable\n\nlikelihood of more probative results; and\n\n5. The chain of custody of the evidence to be tested is\n\nsufficient to establish that the evidence has not been substituted,\n\ntampered with, replaced or altered in any material respect or, if\n\nthe chain of custody does not establish the integrity of the\n\nevidence, the testing itself has the potential to establish the\n\nintegrity of the evidence. For purposes of this act, evidence that\n\nhas been in the custody of law enforcement, other government\n\nofficials or a public or private hospital shall be presumed to\n\nsatisfy the chain-of-custody requirement of this subsection absent\n\nspecific evidence of material tampering, replacement or alteration.\n\nB. If at the close of the hearing the court orders DNA forensic\n\ntesting to be conducted, the court by written order shall require\n\nthe attorney representing the state to effect the transfer of the\n\nitem or items of evidence to be tested along with any documents,\n\nlogs or reports relating to the items of evidence collected in\n\nconnection with the criminal case to the designated laboratory or\n\nlaboratories within thirty (30) days of the order. In addition, the\n\ncourt shall require the attorney representing the state to assist\n\nthe petitioner in locating any evidence the state contends was lost,\n\ndestroyed or in the possession of any other governmental entity,\n\npublic or private hospital, laboratory or other facility.\n\nC. If the attorney representing the state or the petitioner\n\npreviously conducted any DNA analysis or other biological-evidence\n\ntesting without the knowledge of the other party, such testing shall\n\nbe revealed in the motion requesting forensic DNA testing or\n\nresponse.\n\nD. The court may order DNA testing to be performed by the\n\nOklahoma State Bureau of Investigation (OSBI), an accredited\n\nlaboratory operating under contract with the OSBI or another\n\naccredited laboratory, as defined in Section 150.37 of Title 74 of\n\nthe Oklahoma Statutes. If the OSBI or an accredited laboratory\n\nunder contract with the OSBI conducts the testing, the state shall\n\nbear the costs of the testing. If another laboratory conducts the\n\ntesting because neither the OSBI nor an accredited laboratory under\n\ncontract with the OSBI has the ability or the resources to conduct\n\nthe type of DNA testing to be performed, or if an accredited\n\nlaboratory that is neither the OSBI nor under contract with the OSBI\n\nis chosen for some other reason, then the court shall require the\n\npetitioner to pay for the testing.\n\nE. The results of any postconviction DNA testing conducted\n\nunder the provisions of this act, including any laboratory reports\n\nprepared in connection with the testing, the underlying data or\n\nother laboratory documents, shall be disclosed to the petitioner,\n\nthe attorney for the state and the court.\n\nF. If an accredited laboratory other than the OSBI or one under\n\ncontract with the OSBI performs the DNA testing, the court shall\ntion DNA testing conducted\n\nunder the provisions of this act, including any laboratory reports\n\nprepared in connection with the testing, the underlying data or\n\nother laboratory documents, shall be disclosed to the petitioner,\n\nthe attorney for the state and the court.\n\nF. If an accredited laboratory other than the OSBI or one under\n\ncontract with the OSBI performs the DNA testing, the court shall\n\nimpose reasonable conditions on the testing of the evidence to\n\nprotect the interests of the parties in the integrity of the\n\nevidence and testing process and to preserve the evidence to the\n\ngreatest extent possible.","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":"1900c9d176bcd7c2e41e0adcc1ba106ad9dcf5fc9d4c9f843b3227671a01ed9a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1373.3","next":"us-ok/okla.-stat.-tit.-22-22-1373.5"},"notice":"GroundRules: Original legal text. Not legal advice."}