Hello everyone. A game warden called me to ask if a defendant can be ordered to pay for the costs of scientific analysis of evidence (in this case, DNA testing on deer). I was under the impression that there was such a statute in the Parks and Wildlife Code, but apparently I was wrong.

The only thing I found was CCP Art. 42.12, Sec. 11 (a)(19), which allows the court to require as a condition of probation that the defendant reimburse an LE agency for the analysis of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense. Since "other materials" is a fairly broad term, that seems to me to apply here.

My question is: Is there a similar statute that might apply if the defendant is convicted but does not get probation?

Check out CCP Art. 42.037 and 42.22.

Thank you Ken. 42.22 is new to me, but my first read leads me to believe it won't work here. It looks like the state is not a "victim," so the state's restitution lien is limited to the fines and costs entered against the defendant in a judgment (and costs incurred under 3 other non-pertinent statutes). I am working on getting the test costs assessed against the defendant in the first place. Also, I'm afraid 42.037 is limited to restitution for damage caused by the defendant.
I appreciate your assistance though, as I learned something new.

We routinely charge $140.00 in restitution for DPS cases where there is testing and disposal of drugs. How is testing the animal for DNA of the bad guy any different? I don't honestly know.

This is probably inexcusable, inasmuch as I've been hunting since I was about 8 years old, but I've gotta ask anyway. Why is PWD doing DNA tests on a deer for a criminal case? Is this one of those cases that's going to turn up on some seedy website? Or is there a question about whether the defendant killed the deer with his/her bare hands?