§ 151.3. Unidentified persons--Missing persons--Data procedures
Oklahoma Statutes AnnotatedTitle 74. State GovernmentEffective: November 1, 2019
Effective: November 1, 2019
74 Okl.St.Ann. § 151.3
§ 151.3. Unidentified persons--Missing persons--Data procedures
2. “Unidentified person” means any person living or deceased who is unidentified after all available methods have been exhausted. This includes any decedent released to the Office of the Chief Medical Examiner (OCME) where the identity of the decedent cannot be established to the satisfaction of the Chief Medical Examiner.
B. Unidentified Persons. The OCME and the Oklahoma State Bureau of Investigation (OSBI) shall input the following data, if available for unidentified persons, into the National Missing and Unidentified Persons System (NamUs), created by the National Institute of Justice of the United States Department of Justice:
3. Utilize NamUs family reference sample (FRS) submission kits, obtain voluntary DNA samples from appropriate family members to submit to an institution of higher education that specializes in DNA identification for a full genetic profile, including testing of mitochondrial DNA (mtDNA), short tandem repeats on the Y-chromosome (Y-STR) and nuclear analyses, to be documented in the NamUs missing persons file and submitted to the FBI's National DNA Index System (NDIS) using the Combined DNA Index System (CODIS). If necessary, the law enforcement agency may request assistance in obtaining FRS DNA samples; and
E. No Oklahoma law enforcement agency shall require a delay in the taking of a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing. No law enforcement agency shall mandate the appearance of a next of kin before initiating a missing persons investigation.
F. If the OSBI receives a report of a missing person from another law enforcement agency or medical examiner, the OSBI shall maintain a record of the case file. The OSBI shall promulgate rules relating to the dissemination and retention of the records. The rules shall require that the process of releasing the records shall occur as soon as practicable from the time the OSBI receives a report that a person, for whom there is a previous record, is missing.
H. No law enforcement agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Crime Information Center (NCIC) pursuant to a mandate by the Federal Bureau of Investigation which requires the name of the missing child to be entered within two (2) hours from the time the child is reported missing to the law enforcement agency.
L. The Council on Law Enforcement Education and Training (CLEET) shall establish appropriate training resources focused on the investigations of unidentified and missing persons and shall require all CLEET-certified law enforcement officers to complete such training on a regular basis to be determined by CLEET. Such training may be conducted in conjunction with resources available through NamUs.
Credits
Laws 2019, c. 46, § 2, eff. Nov. 1, 2019.
74 Okl. St. Ann. § 151.3, OK ST T. 74 § 151.3
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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