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16-112-208. Testing procedures — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-208. Testing procedures — Definition.
(a)(1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory.
(2)(A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.
(B) As used in this section, “qualified laboratory” means a laboratory that is accredited by the American Society of Crime Laboratory Directors or certified through the National Forensic Science Technology Center.
(3) The court may order the person who requested any deoxyribonucleic acid (DNA) testing under this subchapter to pay for the cost of the testing if the court determines that the person has the ability to pay for the testing.
(b) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter are inconclusive, the court may order additional testing or deny further relief to the person who requested the testing.
(c)(1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter establish that the person who requested the testing was the source of the deoxyribonucleic acid (DNA) evidence, the court shall deny any relief to the person.
(2) On motion of the state, the court shall determine if the person's assertion of actual innocence was false. If the court finds that the person's assertion of actual innocence was false, the court may:
(A) Hold the person in contempt;
(B) Assess against the person the cost of any deoxyribonucleic acid (DNA) testing carried out under this subchapter;
(C) Forward the finding to the Board of Corrections for consideration in the aw
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-112-208
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a97786776b223028d9a005c6bca8b3106818c97d2ba3d4e278292c1b4391e336
Source location: content.xml paragraph 46057
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16-112-208. Testing procedures — Definition.
(a)(1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory.
(2)(A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.
(B) As used in this section, “qualified laboratory” means a laboratory that is accredited by the American Society of Crime Laboratory Directors or certified through the National Forensic Science Technology Center.
(3) The court may order the person who requested any deoxyribonucleic acid (DNA) testing under this subchapter to pay for the cost of the testing if the court determines that the person has the ability to pay for the testing.
(b) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter are inconclusive, the court may order additional testing or deny further relief to the person who requested the testing.
(c)(1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter establish that the person who requested the testing was the source of the deoxyribonucleic acid (DNA) evidence, the court shall deny any relief to the person.
(2) On motion of the state, the court shall determine if the person's assertion of actual innocence was false. If the court finds that the person's assertion of actual innocence was false, the court may:
(A) Hold the person in contempt;
(B) Assess against the person the cost of any deoxyribonucleic acid (DNA) testing carried out under this subchapter;
(C) Forward the finding to the Board of Corrections for consideration in the awarding of meritorious good time to the person; or
(D) Forward the finding to the Parole Board for consideration in the granting of parole to the person.
(d) In any prosecution of a person for perjury or other conduct resulting from a proceeding under this subchapter, upon conviction or a plea of guilty or nolo contendere the court shall sentence the person to a term of imprisonment that shall run consecutively to any other term of imprisonment the person is serving.
(e)(1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude a person as the source of the deoxyribonucleic acid (DNA) evidence, the person may file a motion for a new trial or resentencing.
(2) The court shall establish a reasonable schedule for the person to file a motion under subdivision (e)(1) of this section and for the state to respond to the motion.
(3) The court may grant the motion of the person for a new trial or resentencing if the deoxyribonucleic acid (DNA) test results, when considered with all other evidence in the case regardless of whether the evidence was introduced at trial, establish by compelling evidence that a new trial would result in an acquittal.
(f) In a case in which a person is sentenced to death, any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be completed:
(1) No later than sixty (60) days after the date on which the state responds to the motion described in §§ 16-112-202 and 16-112-203; or
(2) No later than one hundred twenty (120) days after the date on which the deoxyribonucleic acid (DNA) testing was ordered under any post-conviction testing procedures under this subchapter.
(g)(1) The results of any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be simultaneously disclosed to the court, the person that requested the testing, and the State of Arkansas.
(2)(A) The state shall submit any test results relating to a person's deoxyribonucleic acid (DNA) to the National DNA Index System.
(B) If the deoxyribonucleic acid test (DNA) results obtained under this subchapter are inconclusive or show that the person tested was the source of the deoxyribonucleic acid (DNA) evidence, the deoxyribonucleic acid (DNA) sample of the person tested may be retained in the system and State DNA Data Base.
(C) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence but a comparison of the deoxyribonucleic acid (DNA) sample of the person tested results in a match between the person's sample and another offense, the State Crime Laboratory shall notify the appropriate agency and preserve the deoxyribonucleic acid (DNA) sample of the person tested.
(D) The State Crime Laboratory shall destroy the deoxyribonucleic acid (DNA) sample of the person tested and ensure that the information is not retained in the system or the data base if:
(i) The deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence;
(ii) A comparison of the deoxyribonucleic acid (DNA) sample through a search of the data base or system does not match the person's sample and another offense; and
(iii) There is no other legal authority to retain the sample of the person tested in the data base or system.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-202. Form of motion.
Except when direct appeal is available, a person convicted of a crime may make a motion for the performance of fingerprinting, forensic deoxyribonucleic acid (DNA) testing, or other tests which may become available through advances in technology to demonstrate the person's actual innocence if:
(1) The specific evidence to be tested was secured as a result of the conviction of an offense's being challenged under § 16-112-201;
(2) The specific evidence to be tested was not previously subjected to testing and the person making the motion under this section did not:
(A) Knowingly and voluntarily waive the right to request testing of the evidence in a court proceeding commenced on or after August 12, 2005; or
(B) Knowingly fail to request testing of the evidence in a prior motion for post-conviction testing;
(3) The specific evidence was previously subjected to testing and the person making a motion under this section requests testing that uses a new method or technology that is substantially more probative than the prior testing;
(4) The specific evidence to be tested is in the possession of the state and has been subject to a chain of custody and retained under conditions sufficient to ensure that the evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed testing;
(5) The proposed testing is reasonable in scope, utilizes scientifically sound methods, and is consistent with accepted forensic practices;
(6) The person making a motion under this section identifies a theory of defense that:
(A) Is not inconsistent with an affirmative defense presented at the trial of the offense being challenged under § 16-112-201; and
(B) Would establish the actual innocence
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-112-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-203. Contents of motion.
(a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain:
(1)(A) A statement of the facts and the grounds upon which the petition is based and relief desired.
(B) All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition.
(C) The petition may contain argument or citation of authorities;
(2) An identification of the proceedings in which the petitioner was convicted, including the date of the entry of conviction and sentence or other disposition complained of;
(3) An identification of any previous proceeding, together with the grounds asserted in the previous proceeding, which sought to secure relief for the petitioner from the conviction and sentence or other disposition; and
(4)(A) The name and address of any attorney representing the petitioner.
(B) If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral.
(b) The filing of the petition and any related documents and any proceedings pursuant to the petition shall be without any costs or fees charged to the petitioner.
(c) The petition shall be:
(1) Verified by the petitioner or signed by the petitioner's attorney; and
(2) Addressed to the court in which the conviction was entered.
(d) The circuit clerk shall deliver a copy of the petition to the prosecuting attorney and to the Attorney General.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-112-203. This identifies an authority to review, not proof of applicability.