2018 Oklahoma Statutes
Title 22. Criminal Procedure
§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) testing for law enforcement identification 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 the arresting authority as qualified pursuant to subsection B of this section. Convicted or arrested individuals who have previously submitted to DNA testing pursuant to this section or Section 991a of Title 22 of the Oklahoma Statutes and for whom a valid sample is on file in the OSBI CODIS Database shall not be required to submit to additional testing.

B. Samples of blood or saliva for DNA testing required by subsection A of this section shall be taken by peace officers, the county sheriff or employees or contractors of the county sheriff's office. The individuals shall be properly trained to collect blood or saliva samples. Persons collecting blood or saliva for DNA testing 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 to the OSBI within ten (10) days after the DNA sample is collected from the person. All collectors of DNA samples shall use sample kits provided by the OSBI and procedures promulgated by the OSBI.

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 warrant;

2. The person has appeared before a judge or magistrate judge who made a finding that there was probable cause for the arrest; or

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.

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 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.