17.176 Probative value of DNA test -- Submission of evidence by parties in case -- Fees. - Kentucky Statutes

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Page 1 of 2 17.176 Probative value of DNA test -- Submission of evidence by parties in case -- Fees. (1) In addition to the requirements specified in KRS 422.285, any evidence submitted for testing and analysis pursuant to KRS 422.285 or 422.287 shall be of probative
value. When the motion is filed with the court requesting testing and analysis of
evidence pursuant to this section, the applicant shall include sufficient information
about the evidence, the necessity for its testing and analysis, and its applicability to
the proceeding for a court to make a determination of the probative value of the
evidence proposed to be tested and analyzed. (2) The prosecution, with a court order issued pursuant to this section, may submit not more than five (5) items of evidence for testing and analysis by the Department of
Kentucky State Police forensic laboratory or another laboratory selected by the
Department of Kentucky State Police forensic laboratory without charge. The cost
of testing and analysis of any items of evidence in excess of the five (5) initial items
to be tested and analyzed shall be borne by the agency or person requesting the
testing and analysis. Any additional item of evidence submitted for testing and
analysis shall be accompanied by the court order specified in subsection (1) of this
section. (3) The defense, with a court order issued pursuant to this section, may submit not more than five (5) items of evidence for testing and analysis by the Department of
Kentucky State Police forensic laboratory or another laboratory selected by the
Department of Kentucky State Police forensic laboratory without charge. The cost
of testing and analysis of any item of evidence in excess of the five (5) initial items
to be tested and analyzed shall be borne by the agency or person requesting the
testing and analysis. Any additional item of evidence submitted for testing and
analysis shall be accompanied by the court order specified in subsection (1) of this
section. (4) Any other party in a criminal case, with permission of the court after a specific showing of necessity for testing and analysis, together with the items specified in
subsection (1) of this section, may submit an item of evidence for testing and
analysis by the Department of Kentucky State Police forensic laboratory or another
laboratory selected by the Department of Kentucky State Police forensic laboratory
for testing and analysis. The cost of testing and analysis of any item of evidence
permitted to be submitted by the court shall be borne by the person or organization
requesting the testing and analysis. (5) The Department of Kentucky State Police shall promulgate by administrative regulation a uniform schedule of fees to be charged for testing and analysis
conducted pursuant to KRS 422.285 or 422.287. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 93, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 154, sec. 3, effective July 15, 2002. Legislative Research Commission Note (7/15/2002). Under the authority of KRS 7.136, the Reviser of Statutes has corrected a manifest clerical or typographical error Page 2 of 2 in the second sentences of subsections (2) and (3) of this section by inserting "of"
after the first appearance of "analysis" in each of those sentences.