Oklahoma § 22-1372 - Biological evidence preservation – Definitions

§ 22-1372. Biological evidence preservation – Definitions

A. A criminal justice agency having possession or custody of

biological evidence from a violent felony offense, as defined by

subsection F of Section 982 of Title 22 of the Oklahoma Statutes,

shall retain and preserve that biological evidence for such period

of time as any individual convicted of that crime remains

incarcerated.

B. As used in this section:

1. "Biological evidence" means physical evidentiary material

originating from the human body from which a nuclear DNA profile or

mitochondrial DNA sequence can be obtained or representative or

derivative samples of such physical evidentiary material collected

by a forensic DNA laboratory; and

2. "DNA" means deoxyribonucleic acid.

C. The criminal justice agency in possession or custody of

biological evidence may destroy or otherwise dispose of the

biological evidence before the expiration of the period of time

described in subsection A of this section only if:

1. The agency notifies any person who remains incarcerated in

connection with the case, the Oklahoma Indigent Defense System DNA

Forensic Testing Program if still applicable, and any counsel of

record or public defender organization for the judicial district in

which the judgment of conviction for such person was entered, of:

a.

the intention of the agency to destroy the evidence,

and

b.

the provisions of the DNA Forensic Testing Act, if

still applicable;

2. No person submits a written objection to the destruction of

the biological evidence to the agency within ninety (90) days of

receiving notice pursuant to paragraph 1 of this subsection; and

3. No other provision of law requires that such biological

evidence be preserved.

Added by Laws 2001, c. 52, § 1, eff. July 1, 2001.