1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 1000 By: Floyd
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma State Bureau of
7 Investigation; amending 74 O.S. 2021, Sections
8 150.28b and 150.28c, which relate to sexual assault
8 evidence kits; authorizing OSBI to inquire into
9 condition and location of certain sexual assault
9 evidence kits; authorizing OSBI to initiate
10 investigation on certain untested sexual assault
10 evidence kits; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.28b, is
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15 amended to read as follows:
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16 Section 150.28b. A. All accredited crime laboratories in the
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17 State of Oklahoma must supply to all law enforcement agencies the
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18 same standardized sexual assault evidence kit for the collection of
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19 DNA or other evidence as a result of an alleged crime of sexual
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20 assault.
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21 B. A sexual assault evidence kit, or other DNA evidence if a
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22 kit is not collected, must be submitted to the appropriate
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23 accredited crime laboratory for forensic testing within twenty (20)
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24 days after receipt of the evidence by a law enforcement agency if a
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 1 report of the sexual assault is made to the law enforcement agency,
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2 unless the victim requests that the sexual assault evidence kit not
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3 be tested.
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4 C. If, at the time the forensic medical examination is
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5 conducted, a report of the sexual assault is not made or if the
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6 victim requests that the sexual assault evidence kit not be tested,
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7 the medical provider shall inform the victim in writing of his or
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8 her right to request the testing of the sexual assault evidence kit
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9 at any future time. The law enforcement agency shall submit the
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10 sexual assault evidence kit to the appropriate accredited crime
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11 laboratory for forensic testing within twenty (20) days of such
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12 request. However, nothing in this subsection shall negate the
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13 responsibility of a medical provider to report a suspected sexual
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14 assault as provided for in Section 40.3A of Title 22 of the Oklahoma
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15 Statutes.
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16 D. A collected sexual assault evidence kit, whether tested or
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17 untested, must be retained in a secure, environmentally safe manner
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18 for not less than fifty (50) years or for the length of the statute
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19 of limitations for the alleged crime, whichever is longer.
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20 E. Each law enforcement agency is responsible for the
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21 maintenance and storage of untested kits either in their own
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22 evidence storage or through an agreement with another agency with
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23 larger capacity.
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 1 F. By January 1, 2020, the Oklahoma State Bureau of
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2 Investigation (OSBI) and each accredited crime laboratory, in
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3 coordination with Oklahoma Sexual Assault Forensic Evidence Task
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4 Force, shall adopt and disseminate guidelines and procedures for the
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5 collection, submission and testing of DNA evidence that is obtained
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6 in connection with an alleged sexual assault. Priority testing
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7 shall be given for sexual assault evidence kits that will yield
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8 evidentiary value to the investigation and prosecution of the
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9 alleged sexual assault.
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10 G. OSBI may inquire as to the condition and location of a
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11 sexual assault evidence kit that has not been submitted to a
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12 forensic laboratory within the deadlines established in subsection B
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13 of this section.
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14 SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.28c, is
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15 amended to read as follows:
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16 Section 150.28c. A. In addition to guidelines and procedures
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17 for the collection, submission and testing of DNA evidence that is
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18 obtained in connection with an alleged sexual assault, the Oklahoma
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19 State Bureau of Investigation (OSBI) and each accredited crime
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20 laboratory within the State of Oklahoma in partnership with the
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21 Oklahoma Sexual Assault Forensic Evidence Task Force shall implement
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22 a priority protocol for the testing of untested sexual assault
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23 evidence kits, which shall include, but not be limited to:
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 1 1. A process to identify the kits that were never examined and
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2 those that were partially examined for probability of obtaining
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3 Combined DNA Index System (CODIS) eligible DNA profiles;
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4 2. Whether the statute of limitations has passed for the
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5 alleged crime;
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6 3. Whether the offender is a stranger or non-stranger to the
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7 victim; and
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8 4. A process to identify those kits where the victim was or is
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9 participating in the criminal justice process and has consented to
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10 the testing of the kit.
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11 B. Untested kits that have been identified as part of the
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12 current backlog of untested or kits not submitted shall not be
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13 tested where:
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14 1. The victim has not reported to law enforcement; or
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15 2. The victim has requested that the kit not be tested; or
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16 3. The offender has been convicted for the crime and his or her
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17 profile is in the Combined DNA Index System (CODIS).
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18 C. OSBI may initiate an investigation on any previously
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19 untested or partially tested sexual assault evidence kit once
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20 testing has been completed.
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21 SECTION 3. This act shall become effective November 1, 2023.
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23 59-1-1419 TEK 1/19/2023 12:15:17 PM
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