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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 36 By: Brooks
AS INTRODUCED
An Act relating to DNA testing; amending Sect ion 5,
Chapter 317, O.S.L. 2013 (22 O.S. Supp. 2020, Section
1373.4), which relates to hearing; defining term;
updating statutory references; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 5, Chapter 317, O.S.L.
2013 (22 O.S. Supp. 20 20, Section 1373.4), is amended to read as
follows:
Section 1373.4. A. After the motion requesting forensic DNA
testing and subsequent response have been filed, the se ntencing
court shall hold a hear ing to determine whether DNA forensic testing
will be ordered. A court shall order DNA tes ting only if the court
finds:
1. A reasonable probability that the petitioner would not have
been convicted if favorable results had been obtained through DNA
testing at the time of the original prosecution . For the purposes
of this paragraph, “reasonable probability ” means that a petitioner
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must show by a preponderance o f the evidence that he or she woul d
not have been prosecuted or convicted if exculpatory results had
been obtained through DNA testing. Exculpatory results include, but
are not limited to, evidence that wo uld impeach a witness ;
2. The request for DNA testing is made to demo nstrate the
innocence of the convicted perso n and is not made to unreasonabl y
delay the execution of the sentence or the administration o f
justice;
3. One or more of the items of evidence the convicted person
seeks to have tested still exists;
4. The evidence to be tested was secured in relation t o the
challenged conviction and either was not previously subject to DNA
testing or, if previ ously tested for DNA, the evidence can be
subjected to additional DNA testing that will provide a reasonable
likelihood of more probative results; and
5. The chain of custody of the evidence to be tested is
sufficient to establish that the evidence has no t been substituted,
tampered with, replaced or altered in any material respect or, if
the chain of custody does not est ablish the integrity of the
evidence, the testing itself has the potential t o establish the
integrity of the evidence. For purposes of this act the
Postconviction DNA Act, evidence that has been in the custody of law
enforcement, other government officials or a public or private
hospital shall be presumed to satisfy the chain -of-custody
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requirement of this subsection absent specific eviden ce of material
tampering, replacement or alteration.
B. If at the close of the hearing the court orders DNA forensic
testing to be conducted, the court by written order shall require
the attorney representing the state to effect the transfer of the
item or items of evidence to be tested along with any documents,
logs or reports relating to the items of evidence collected in
connection with the crim inal case to the designated laboratory or
laboratories within thirty (30) days of the order. In addition, the
court shall require the attorney representing the state to assist
the petitioner in locating any evidence the state contends was lost,
destroyed or in the possession of any other governmental entity,
public or private hospital, laboratory or other facilit y.
C. If the attorney representing the state or the petitioner
previously conducted any DNA analysis or other biological -evidence
testing without the knowledge of the other party, such testing shall
be revealed in the motion requesting forensic DNA testin g or
response.
D. The court may order DNA testing to be performed by the
Oklahoma State Bureau of Investigation (OSBI), an accredited
laboratory operating under contract with the OSBI or anoth er
accredited laboratory, as defined in Section 150.37 of Title 74 of
the Oklahoma Statutes. If the OSBI or an accredited laboratory
under contract with the OSBI conducts the testing, the state shall
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bear the costs of the testing. If another laboratory c onducts the
testing because neither the OSBI nor an accredited laboratory under
contract with the OSBI has the ability or the resources to conduct
the type of DNA testing to be performed, or if an accredited
laboratory that is neither the OSBI nor under co ntract with the OSBI
is chosen for some other reason, then the court shall require the
petitioner to pay for the testing.
E. The results of any postconviction DNA testing conducted
under the provisions of this act the Postconviction DNA Act,
including any laboratory reports prepared in connection with the
testing, the underlying data or other laboratory documents, shall be
disclosed to the petitioner, the attorney for the state and the
court.
F. If an accredited laboratory ot her than the OSBI or one under
contract with the OSBI performs the DNA testing, the co urt shall
impose reasonable conditions on the testing of the evidence to
protect the interests of the parties in the integrity of the
evidence and testing process and to preserve the evidence to the
greatest extent possible.
SECTION 2. This act shall become effective November 1, 2021.
58-1-169 TEK 11/18/2020 2:42:57 PM