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§ 150.28b. Standardized sexual assault evidence kit

Oklahoma Statutes AnnotatedTitle 74. State GovernmentEffective: November 1, 2023

Oklahoma Statutes Annotated
Title 74. State Government (Refs & Annos)
Chapter 5. State Bureau of Investigation
Effective: November 1, 2023
74 Okl.St.Ann. § 150.28b
§ 150.28b. Standardized sexual assault evidence kit
A. All accredited crime laboratories in the State of Oklahoma must supply to all law enforcement agencies the same standardized sexual assault evidence kit for the collection of DNA or other evidence as a result of an alleged crime of sexual assault.
B. A sexual assault evidence kit, or other DNA evidence if a kit is not collected, must be submitted to the appropriate accredited crime laboratory for forensic testing within twenty (20) days after receipt of the evidence by a law enforcement agency if a report of the sexual assault is made to the law enforcement agency, unless the victim requests that the sexual assault evidence kit not be tested.
C. If, at the time the forensic medical examination is conducted, a report of the sexual assault is not made or if the victim requests that the sexual assault evidence kit not be tested, the medical provider shall inform the victim in writing of his or her right to request the testing of the sexual assault evidence kit at any future time. The law enforcement agency shall submit the sexual assault evidence kit to the appropriate accredited crime laboratory for forensic testing within twenty (20) days of such request. However, nothing in this subsection shall negate the responsibility of a medical provider to report a suspected sexual assault as provided for in Section 40.3A of Title 22 of the Oklahoma Statutes.
D. A collected sexual assault evidence kit, whether tested or untested, must be retained in a secure, environmentally safe manner for not less than fifty (50) years or for the length of the statute of limitations for the alleged crime, whichever is longer.
E. Each law enforcement agency is responsible for the maintenance and storage of untested kits either in their own evidence storage or through an agreement with another agency with larger capacity.
F. By January 1, 2020, the Oklahoma State Bureau of Investigation (OSBI) and each accredited crime laboratory, in coordination with Oklahoma Sexual Assault Forensic Evidence Task Force, shall adopt and disseminate guidelines and procedures for the collection, submission and testing of DNA evidence that is obtained in connection with an alleged sexual assault. Priority testing shall be given for sexual assault evidence kits that will yield evidentiary value to the investigation and prosecution of the alleged sexual assault.
G. OSBI may inquire as to the condition and location of a sexual assault evidence kit that has not been submitted to a forensic laboratory within the deadlines established in subsection B of this section.

Credits

Laws 2019, c. 382, § 1, emerg. eff. May 14, 2019; Laws 2023, c. 130, § 1, eff. Nov. 1, 2023.
74 Okl. St. Ann. § 150.28b, OK ST T. 74 § 150.28b
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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