§ 16-112-208 - Testing procedures.
               	 		
16-112-208.    Testing procedures.
    (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 National  DNA Index 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 National DNA Index System or the State DNA 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 data base or system.