§ 5568 — Choice of laboratory; payment

(a) If the court orders DNA testing under this subchapter, the testing shall be conducted at a facility mutually agreed upon by the petitioner and the State and approved by the court. If the parties are unable to agree, the court shall designate the testing facility and provide the parties with a reasonable opportunity to be heard on the issue.
(b) The court shall impose reasonable conditions on the testing to protect the parties’ interests in the integrity of the evidence and the testing process.
(c)(1) The State shall bear the costs of testing performed at the state crime laboratory.
(2) Except as provided in subdivision (3) of this subsection, the court may require the petitioner or the State, or both, to pay for testing performed at a private laboratory.
(3) If the State Crime Laboratory does not have the ability or resources to conduct the type of DNA testing to be performed, the State shall bear the costs of testing at a private laboratory that does have such capabilities or resources.

Legislative History

(Added 2007, No. 60, § 1.)