Oklahoma § 74-150.27 - Deoxyribonucleic acid (DNA) laboratory - Coordination

§ 74-150.27. Deoxyribonucleic acid (DNA) laboratory - Coordination

of use with law enforcement agencies – Forensic DNA technical

manager.

A. There shall be established within the Oklahoma State Bureau

of Investigation (OSBI) a deoxyribonucleic acid (DNA) laboratory for

the purpose of determining DNA profiles to be used for evidence in

criminal proceedings. The OSBI shall coordinate the use of this

laboratory and equipment with federal, state, county, and municipal

law enforcement agencies. All county sheriff departments and all

police departments for municipalities may participate in this

laboratory. The OSBI shall establish standards and guidelines for

the deoxyribonucleic acid (DNA) laboratory and shall comply with any

regulations applicable to DNA testing, sampling and laboratory

standards.

B. The OSBI may make a DNA profile of any blood or saliva

specimen received for any other purpose by the Bureau and place the

DNA profile in its DNA population database. The DNA population

database shall not be indexed by donor name, and the Bureau shall

promulgate rules to protect the privacy of the DNA donors.

C. The OSBI may contract for the services of a Forensic DNA

Technical Manager as reasonably necessary to ensure the continued

operations of the DNA laboratory. The OSBI shall be exempt from the

competitive bidding requirements of the Oklahoma Central Purchasing

Act for the purpose of soliciting, negotiating, and effectuating

such a contract or contracts.

D. The OSBI shall promulgate necessary policies, procedures,

and forms for participation in a rapid DNA investigative lead

program, a statewide program for law enforcement agencies, outlining

the collection and processing of crime scene samples utilizing rapid

DNA instrumentation. The provisions of this subsection authorize

the OSBI to promulgate program parameters as well as provide the

procedures on technical and practical procedures for law enforcement

agencies concerning the training, maintenance, and use of rapid DNA

instruments throughout the state.

Added by Laws 1991, c. 227, § 3, emerg. eff. May 23, 1991. Amended

by Laws 1994, c. 35, § 2, eff. Sept. 1, 1994; Laws 2002, c. 235, §

Oklahoma Statutes - Title 74. State Government

3, emerg. eff. May 9, 2002; Laws 2004, c. 143, § 3, eff. Nov. 1,

2004; Laws 2005, c. 441, § 4, eff. Jan. 1, 2006; Laws 2006, c. 303,

§ 3, eff. Nov. 1, 2006; Laws 2024, c. 219, § 1, eff. Nov. 1, 2024.

§74-150.27a. OSBI Combined DNA Index System (CODIS) Database.

A. There is hereby established within the Oklahoma State Bureau

of Investigation the OSBI Combined DNA Index System (CODIS) Database

for the purpose of collecting and storing blood or saliva samples

and DNA profiles, analyzing and typing of the genetic markers

contained in or derived from DNA and maintaining the records and

samples of DNA of individuals:

1. Convicted of any felony offense;

2. Required to register pursuant to the Sex Offenders

Registration Act;

3. Subject to the availability of funds, eighteen (18) years of

age or older arrested for the commission of a felony under the laws

of this state or any other jurisdiction, upon being booked into a

jail or detention facility. Provided, the DNA sample shall not be

analyzed and shall be destroyed unless one of the following

conditions has been met:

a.

the arrest was made upon a valid felony arrest or

warrant,

b.

the person has appeared before a judge or magistrate

judge who made a finding that there was probable cause

for the arrest,

c.

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

d.

the DNA sample was provided as a condition of a plea

agreement; and

4. Subject to the availability of funds, convicted of a

misdemeanor offense of assault and battery, domestic abuse,

stalking, possession of a controlled substance prohibited under the

Uniform Controlled Dangerous Substances Act, outraging public

decency, resisting arrest, escaping or attempting to escape, eluding

a police officer, Peeping Tom, pointing a firearm, threatening an

act of violence, breaking and entering a dwelling place, destruction

of property, negligent homicide or causing a personal injury

accident while driving under the influence of any intoxicating

substance, or, upon arrest, any alien unlawfully present under

federal immigration law.

The purpose of this database is the detection or exclusion of

individuals who are subjects of the investigation or prosecution of

sex-related crimes, violent crimes or other crimes in which

biological evidence is recovered, and such information shall be used

for no other purpose.

Oklahoma Statutes - Title 74. State Government

B. Any DNA specimen taken in good faith by the Department of

Corrections, its employees or contractors, the county sheriff, its

employees or contractors or a peace officer, and submitted to the

OSBI may be included, maintained and kept by the OSBI in a database

for criminal investigative purposes despite the specimen having not

been taken in strict compliance with the provisions of this section

or Section 991a of Title 22 of the Oklahoma Statutes.

C. Upon the request to OSBI by the federal or state authority

having custody of the person, any individual who was convicted of

violating laws of another state or the federal government, but is

currently incarcerated or residing in Oklahoma, shall submit to DNA

profiling for entry of the data into the OSBI DNA Offender Database.

This provision shall only apply when such federal or state

conviction carries a requirement of sex offender registration or DNA

profiling. The person to be profiled shall pay a fee of One Hundred

Fifty Dollars ($150.00) to the OSBI.

D. The OSBI CODIS Database is specifically exempt from any

statute requiring disclosure of information to the public. The

information contained in the database is privileged from discovery

and inadmissible as evidence in any civil court proceeding. The

information in the database is confidential and shall not be

released to the public. Any person charged with the custody and

dissemination of information from the database shall not divulge or

disclose any such information except to federal, state, county or

municipal law enforcement or criminal justice agencies. Any person

violating the provisions of this section upon conviction shall be

deemed guilty of a misdemeanor punishable by imprisonment in the

county jail for not more than one (1) year.

E. The OSBI shall promulgate rules concerning the collection,

storing, expungement and dissemination of information and samples

for the OSBI CODIS Database. The OSBI shall determine the type of

equipment, collection procedures and reporting documentation to be

used by the Department of Corrections, a county sheriff's office or

a law enforcement agency in submitting DNA samples to the OSBI in

accordance with Section 991a of Title 22 of the Oklahoma Statutes.

The OSBI shall provide training to designated employees of the

Department of Corrections, a county sheriff's office and a law

enforcement agency in the proper methods of performing the duties

required by this section.

F. The OSBI CODIS Database may include secondary databases and

indexes including, but not limited to:

1. Forensic index database consisting of unknown evidence

samples;

2. Suspect index database consisting of samples taken from

individuals as a result of criminal investigations;

3. Convicted offender index database authorized pursuant to

subsection A of this section; and

Oklahoma Statutes - Title 74. State Government

4. Missing persons and unidentified remains index or database

consisting of DNA profiles from unidentified remains and relatives

of missing persons.

G. 1. Any person convicted of a felony offense who is in

custody shall provide a blood or saliva sample prior to release.

2. Subject to the availability of funds, any person convicted

of a misdemeanor offense of assault and battery, domestic abuse,

stalking, possession of a controlled substance prohibited under the

Uniform Controlled Dangerous Substances Act, outraging public

decency, resisting arrest, escaping or attempting to escape, eluding

a police officer, Peeping Tom, pointing a firearm, threatening an

act of violence, breaking and entering a dwelling place, destruction

of property, negligent homicide or causing a personal injury

incident while driving under the influence of any intoxicating

substance who is in custody shall provide a blood or saliva sample

prior to release.

3. Every person who is convicted of a felony offense whose

sentence does not include a term of incarceration shall provide a

blood or saliva sample as a condition of sentence.

4. Subject to the availability of funds, every person who is

convicted of a misdemeanor offense of assault and battery, domestic

abuse, stalking, possession of a controlled substance prohibited

under the Uniform Controlled Dangerous Substances Act, outraging

public decency, resisting arrest, escape or attempting to escape,

eluding a police officer, Peeping Tom, pointing a firearm,

threatening an act of violence, breaking and entering a dwelling

place, destruction of property, negligent homicide or causing a

personal injury accident while driving under the influence of any

intoxicating substance whose sentence does not include a term of

incarceration shall provide a blood or saliva sample as a condition

of sentence.

5. Subject to the availability of funds, any 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 DNA

testing for law enforcement identification purposes. Provided, the

DNA sample shall not be analyzed and shall be destroyed unless one

of the following conditions has been met:

a.

the arrest was made upon a valid felony arrest or

warrant,

b.

the person has appeared before a judge or magistrate

judge who made a finding that there was probable cause

for the arrest,

c.

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

Oklahoma Statutes - Title 74. State Government

d.

the DNA sample was provided as a condition of a plea

agreement.

Added by Laws 1994, c. 40, § 2, eff. July 1, 1996. Amended by Laws

1996, c. 153, § 3, emerg. eff. May 7, 1996; Laws 1997, c. 260, § 10,

eff. Nov. 1, 1997; Laws 2001, c. 88, § 2, eff. Nov. 1, 2001; Laws

2001, c. 225, § 3, eff. July 1, 2001; Laws 2002, c. 235, § 4, emerg.

eff. May 9, 2002; Laws 2004, c. 143, § 4, eff. Nov. 1, 2004; Laws

2005, c. 1, § 128, emerg. eff. March 15, 2005; Laws 2005, c. 441, §

5, eff. Jan. 1, 2006; Laws 2009, c. 218, § 3, emerg. eff. May 19,

2009; Laws 2016, c. 181, § 3, eff. Nov. 1, 2016; Laws 2017, c. 194,

§ 3, eff. Nov. 1, 2017; Laws 2019, c. 374, § 2, eff. Nov. 1, 2019;

Laws 2021, c. 469, § 4, eff. Nov. 1, 2021.

NOTE: Laws 2004, c. 61, § 1 repealed by Laws 2005, c. 1, § 129,

emerg. eff. March 15, 2005.