Okla. Stat. tit. 22, § 22-1373.5
This is the official text of Okla. Stat. tit. 22, § 22-1373.5, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Results - Relief
Official statutory text
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.
Oklahoma Statutes - Title 22. Criminal Procedure Page 535
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.
Oklahoma Statutes - Title 22. Criminal Procedure Page 535
Status: in_force · Read it on the official government site
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