Oklahoma § 22-210 - Felony arrest – DNA testing required

§ 22-210. Felony arrest – DNA testing required

A. Subject to the availability of funds, a person eighteen (18)

years of age or older who is arrested for the commission of a felony

under the laws of this state or any other jurisdiction shall, upon

being booked into a jail or detention facility, submit to

deoxyribonucleic acid (DNA) sample collection for testing for DNAidentification-matching purposes in accordance with Section 150.27a

of Title 74 of the Oklahoma Statutes and the rules promulgated by

the Oklahoma State Bureau of Investigation (OSBI) for the OSBI

Combined DNA Index System (CODIS) Database. DNA samples shall be

collected by trained medical personnel, law enforcement, tribal

police officers, or employees or medical contractors of those

organizations as qualified pursuant to subsection B of this section.

B. Samples of blood or saliva for DNA testing or for DNAidentification-matching purposes required by subsection A of this

section shall be taken by trained medical personnel, law

enforcement, tribal police officers, or employees or medical

contractors of those organizations. The individuals shall be

properly trained to collect blood or saliva samples. Persons

collecting blood or saliva for DNA testing or for DNAidentification-matching purposes pursuant to this section shall be

immune from civil liabilities arising from this activity. All

collectors of DNA samples shall ensure the collected samples are

mailed or delivered to the OSBI within ten (10) days after the DNA

sample is collected from the person using sample kits provided by

Oklahoma Statutes - Title 22. Criminal Procedure

the OSBI and procedures promulgated by the OSBI, or if the jail,

detention facility, booking facility of a federally recognized

American Indian tribe in Oklahoma or other designated facility is

using Rapid DNA technology, the collector shall use the provided

collection instruments. Once the DNA-identification-matching

process has concluded and a sample has been mailed or delivered to

the OSBI, the collector shall discard the Rapid DNA sample taken in

the jail, detention facility, booking facility of a federally

recognized American Indian tribe in Oklahoma or other designated

facility.

If a jail, detention facility, booking facility of a federally

recognized American Indian tribe in Oklahoma or other designated

facility is using Rapid DNA technology to take the DNA sample for

DNA identification purposes, said sample shall not be retained,

tested or stored after completion of the Rapid DNA identification

process. Any person charged with the custody and dissemination of

DNA samples and profiles shall not divulge or disclose any such

information except to federal, state, county or municipal law

enforcement or criminal justice agencies, nor shall the person

tamper with the samples and profiles taken. Any person violating

the provisions of this section shall, upon conviction, be guilty of

a misdemeanor punishable by imprisonment in the county jail for not

more than one (1) year.

C. A DNA sample shall not be analyzed and shall be destroyed

unless one of the following conditions has been met:

1. The arrest was made upon a valid felony arrest or warrant;

2. The person has appeared before a judge or magistrate judge

who made a finding that there was probable cause for the arrest;

3. The person posted bond or was released prior to appearing

before a judge or magistrate judge and then failed to appear for a

scheduled hearing; or

4. The DNA sample was provided as a condition of a plea

agreement.

D. All DNA samples, records and identifiable information

generated pursuant to the provisions of this section shall be

automatically expunged from the OSBI Combined DNA Index System

(CODIS) Database under the following circumstances:

1. The felony offense for which the person was arrested does

not result in charges either by information or indictment and the

statute of limitations has expired;

2. The state voluntarily dismissed the felony charge filed

against the person; or

3. The court dismissed the felony charge filed against the

person.

The Oklahoma State Bureau of Investigation shall promulgate

rules establishing procedures relating to the automatic expungement

of DNA samples, records and identifiable information collected under

Oklahoma Statutes - Title 22. Criminal Procedure

the provisions of this section. Fees related to the expungement of

DNA samples, records and identifiable information shall not be

assessed for persons who qualify for an automatic expungement under

the provisions of this subsection.

Added by Laws 2016, c. 181, § 1, eff. Nov. 1, 2016. Amended by Laws

2019, c. 374, § 1, eff. Nov. 1, 2019.