Okla. Stat. tit. 22 § 1373.5

Current through Laws 2024, c. 378.

Section 1373.5 - [Effective 11/1/2024] Results - Relief

A. If the results of the forensic DNA testing conducted under the provisions of the Postconviction DNA Act are favorable to the petitioner, the court shall schedule a hearing to determine the appropriate relief to be granted. Based on the results of the testing and any other evidence presented at the hearing, the court shall thereafter enter any order that serves the interests of justice including, but not limited to, any of the following:

1. An order setting aside or vacating the judgment of conviction, judgment of not guilty by reason of mental disease or defect or adjudication of delinquency;

2. An order granting the petitioner a new trial or fact-finding hearing;

3. An order granting the petitioner a new commitment hearing or dispositional hearing;

4. An order discharging the petitioner from custody;

5. An order specifying the disposition of any evidence that remains after the completion of the testing;

6. An order granting the petitioner additional discovery on matters related to the DNA test results on the conviction or sentence under scrutiny including, but not limited to, documents pertaining to the original criminal investigation or the identities of other suspects; or

7. An order directing the state to place any unidentified DNA profile or profiles obtained from postconviction DNA testing into Oklahoma or federal databases as allowed within applicable state and federal laws.

B. If the court issues an order setting aside or vacating the judgment of conviction and dismisses the case with prejudice, a copy of the order indicating the individual has been exonerated through DNA testing shall be submitted to the Oklahoma State Bureau of Investigation in accordance with the requirements of Section 150.12 of Title 74 of the Oklahoma Statutes.

C. If the results of the tests are not favorable to the petitioner, the court shall:

1. Dismiss the motion; and

2. Make such further orders as the court deems appropriate, including an order that:

a. requires the DNA test results be provided to the Pardon and Parole Board or Department of Corrections, or

b. requests the DNA profile of the petitioner be added to the convicted offender index database of the OSBI Combined DNA Index System (CODIS) Database as provided by law.

Okla. Stat. tit. 22, § 1373.5

Amended by Laws 2024, c. 259,s. 3, eff. 11/1/2024.

Added by Laws 2013 , c. 317, s. 6, eff. 11/1/2013.

This section is set out more than once due to postponed, multiple, or conflicting amendments.