HB 1068 Summary

• Creates the "Postconviction DNA Act" allowing convicted persons to request forensic DNA testing of biological evidence from their case in Oklahoma District Courts.

• Eligible petitioners include those convicted of violent felonies or sentenced to 25+ years who assert innocence, regardless of plea type, confession, incarceration status, or whether sentence has been discharged.

• Courts may order DNA testing only upon finding reasonable probability the petitioner would not have been convicted with favorable results, evidence still exists, chain of custody is intact, and the request is not dilatory.

• Testing shall be performed by the Oklahoma State Bureau of Investigation (OSBI) or accredited labs under contract with OSBI at state expense; other labs require petitioner payment.

• If DNA results are favorable, courts may vacate convictions, grant new trials, discharge petitioners, or order additional discovery; unfavorable results allow courts to provide results to parole boards or add DNA profiles to offender databases.