{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-751.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-751.1","heading":"DNA profile - Use as evidence - Notification of","body":"defendant.\n\nA. As used in this act:\n\n1. \"Deoxyribonucleic Acid (DNA)\" means the molecules in all\n\ncellular forms that contain genetic information in a patterned\n\nchemical structure of each individual; and\n\n2. \"DNA Profile\" means an analysis of DNA resulting in the\n\nidentification of an individual's patterned chemical structure of\n\ngenetic information.\n\nB. 1. At any hearing prior to trial or at a forfeiture\n\nhearing, a report of the findings of a laboratory report from a\n\nforensic laboratory operated by this state or any political\n\nsubdivision thereof, or from a laboratory performing analysis at the\n\nrequest of a forensic laboratory operated by this state or any\n\npolitical subdivision thereof, regarding DNA Profile, which has been\n\nmade available to the accused by the office of the district attorney\n\nat least five (5) days prior to the hearing, when certified as\n\ncorrect by the persons making the report, shall be received as\n\nevidence of the facts and findings stated, if relevant and otherwise\n\nadmissible in evidence. If a report is deemed relevant by the state\n\nor the accused, the court shall admit the report without the\n\ntestimony of the person making the report, unless the court,\n\npursuant to this section, orders the person making the report to\n\nappear. If the accused is not served with a report, by the district\n\nattorney, at least five (5) days prior to a hearing, the accused may\n\nbe allowed a continuance of the portion of the hearing to which the\n\nreport is relevant, to allow at least five (5) days' preparation\n\nsubsequent to the furnishing of the report by the district attorney.\n\n2. The court, upon motion of the state or accused, shall order\n\nthe attendance of any person preparing such a report submitted as\n\nevidence in any hearing prior to trial or forfeiture hearing, when\n\nit appears there is a substantial likelihood that material evidence\n\nnot contained in the report may be produced by the testimony of the\n\nperson having prepared the report. The motion shall be filed and\n\nnotice given of the hearing on the motion to order the attendance of\n\nthe person having prepared the report. A hearing shall be held and,\n\nif the motion is sustained, an order issued giving not less than\n\nfive (5) days' prior notice to the time when the testimony shall be\n\nrequired. If, within five (5) days prior to the hearing or during a\n\nhearing, a motion is made pursuant to this subsection requiring a\n\nperson having prepared a report to testify, the court may hear the\n\nreport or other evidence but shall continue the hearing until such\n\ntime notice of the motion and hearing is given to the person having\n\nprepared the report, the motion is heard, and, if sustained,\n\ntestimony ordered can be given.\n\nC. If the state decides to offer evidence of a DNA profile in\n\nany trial on the merits, the state shall, at least fifteen (15) days\n\nbefore the criminal proceeding, notify in writing the defendant or\n\nthe defendant's attorney and mail, deliver, or make available to the\n\ndefendant or the defendant's attorney a copy of any report or\n\nstatement to be introduced that has not previously been made\n\navailable to the defendant or the defendant’s attorney pursuant to\n\nsubsection B of this section.","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":"0f24df47130f9ca9d300c49fa75065c83c17b9e62abccfe31c56c25ced868e3f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-751","next":"us-ok/okla.-stat.-tit.-22-22-761"},"notice":"GroundRules: Original legal text. Not legal advice."}