Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 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 or earned release credits to the person; or
(D)
Forward the finding to the Post-Prison Transfer Board for consideration in the granting of parole or post-release supervision 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.
Amended by Act 2023, No. 659,§ 236, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 235, eff. 1/1/2024.
Acts 2005, No. 2250, § 4.