Oklahoma § 74-150.37 - Definitions - Accreditation - Evidence in criminal

§ 74-150.37. Definitions - Accreditation - Evidence in criminal

trials.

A. For purposes of this act:

1. “ABFT” shall mean the American Board of Forensic Toxicology,

an accrediting body for toxicology;

2. “Accredited” shall mean recognized formally by an

accrediting body as meeting or exceeding applicable quality

standards;

3. “Accrediting body” shall mean a nationally recognized

organization that has developed and maintained an independent

system, based upon ISO/IEC 17025 standards, for providing

laboratories with an impartial review of laboratory operations and

that provides formal recognition or certification to laboratories

who demonstrate continued compliance with those standards and other

supplemental forensic standards which are specific to the

maintenance and testing of forensic evidence;

4. “ISO/IEC 17025” shall mean the International Organization of

Standards/International Electrotechnical Commission standard 17025

that is published by the International Organization for

Standardization and the International Electrotechnical Commission

and included as a standard in general requirements for the

competence of testing and calibration laboratories;

Oklahoma Statutes - Title 74. State Government

5. “Forensic laboratory” shall mean a laboratory operated by

the state or any unit of municipal, county, city or other local

government that examines physical evidence in criminal matters and

provides opinion testimony in a court of law;

6. “Toxicology analysis” shall mean a laboratory analysis

whereby biological samples are tested for alcohol and/or other toxic

or intoxicating substances;

7. “IAI” shall mean the International Association for

Identification; and

8. “Supplemental forensic standards” shall mean additional

requirements specifically related to maintenance and analysis of

forensic evidence required in addition to the calibration and

testing requirements of ISO/IEC 17025 standards.

B. Effective July 1, 2005, all forensic laboratories as defined

in this act established or operating prior to that date shall be

accredited. The following exceptions shall apply:

1. Breath testing for alcohol;

2. Field testing, crime scene processing, crime scene evidence

collection, searches, examinations or enhancements of digital

evidence, and crime scene reconstruction;

3. Latent print identification performed by an IAI certified

latent print examiner;

4. Marihuana identification using methods generally accepted in

the forensic field that are approved by a forensic laboratory

accredited in controlled substances;

5. All forensic laboratories established on or after July 1,

2005, as defined in this act, shall be accredited within two (2)

years of establishment; and

6. Forensic laboratories that exclusively and solely perform

forensic toxicology analysis may meet this requirement by being

either accredited through an accrediting body as defined in this

section or accredited by ABFT.

C. On or after July 1, 2005, testimony, results, reports, or

evidence of forensics analysis produced on behalf of the prosecution

in a criminal trial shall be done by an accredited forensic

laboratory. This section shall not apply to:

1. Testimony, results, reports, or evidence of forensic

analysis produced by a forensic laboratory established after July 1,

2005, and not yet required to be accredited as set forth in

subsection B of this section;

2. Testimony, results, reports, or evidence of forensic

analysis produced by a forensic laboratory prior to July 1, 2005.

Such testimony, results, reports, or evidence need not be performed

by an accredited forensic laboratory and may be produced or

presented on behalf of the prosecution in a criminal trial after

July 1, 2005, as long as the forensic analysis was produced prior to

that date;

Oklahoma Statutes - Title 74. State Government

3. Testimony, results, reports, or evidence of breath testing

for alcohol;

4. Testimony, results, reports, or evidence of field testing,

crime scene processing, crime scene evidence collection, searches,

examinations or enhancements of digital evidence, and crime scene

reconstruction;

5. Testimony, results, reports, or evidence of latent print

identification performed by an IAI certified latent print examiner;

and

6. Testimony, results, reports, or evidence of marihuana

identification using methods generally accepted in the forensic

field that are approved by a forensic laboratory accredited in

controlled substances.

Added by Laws 2002, c. 351, § 3, emerg. eff. May 30, 2002. Amended

by Laws 2003, c. 203, § 1, emerg. eff. May 9, 2003; Laws 2011, c.

137, § 2, eff. Nov. 1, 2011.