§74-150.28c. Priority protocol for testing untested sexual assault
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/ok/title-74-state-government/74-150-28c·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
evidence kits.
A. In addition to guidelines and procedures for the collection, submission and testing of DNA evidence that is obtained in connection with an alleged sexual assault, the Oklahoma State Bureau of Investigation
(OSBI)and each accredited crime laboratory within the State of Oklahoma in partnership with the Oklahoma Sexual Assault Forensic Evidence Task Force shall implement a priority protocol for the testing of untested sexual assault evidence kits, which shall include, but not be limited to:
1. A process to identify the kits that were never examined and those that were partially examined for probability of obtaining Combined DNA Index System (CODIS) eligible DNA profiles;
2. Whether the statute of limitations has passed for the alleged crime;
3. Whether the offender is a stranger or non-stranger to the victim; and
4. A process to identify those kits where the victim was or is participating in the criminal justice process and has consented to the testing of the kit.
B. Untested kits that have been identified as part of the current backlog of untested or kits not submitted shall not be tested where:
1. The victim has not reported to law enforcement;
2. The victim has requested that the kit not be tested; or
3. The offender has been convicted for the crime and his or her profile is in the Combined DNA Index System (CODIS).
C. OSBI may initiate an investigation on any previously untested or partially tested sexual assault evidence kit once testing has been completed. Added by Laws 2019, c. 382, § 2, emerg. eff. May 14, 2019. Amended by Laws 2023, c. 130, § 2, eff. Nov. 1, 2023.