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SENATE FLOOR VERSION
February 16, 2023
SENATE BILL NO. 1000 By: Floyd, Dahm, and Jett
An Act relating to the Oklahoma State Bureau of
Investigation; amending 74 O.S. 2021, S ections
150.28b and 150.28c, which relate to sexual assault
evidence kits; authorizing OSBI to inquire into
condition and location of certain se xual assault
evidence kits; authorizing OSBI to initiate
investigation on certain untested sexual assault
evidence kits; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.28b, is
amended to read as follows:
Section 150.28b. A. All accredited c rime laboratories in the
State of Oklahoma must supply to all law e nforcement 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 evi dence 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 (2 0)
days after receipt of the evidence by a law enforcement agency if a
report of the sexual as sault is made to the law enforcement agency,
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unless the victim requ ests that the sexual assault evidence kit not
be tested.
C. If, at the time the forensic medic al 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 Oklahom a
Statutes.
D. A collected sexual assault evidence kit, whether tested or
untested, must be re tained 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, whichev er 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 agenc y with
larger capacity.
F. By January 1, 2020, the Oklahoma State Bureau of
Investigation (OSBI) and each accredited crime laboratory, in
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coordination with Oklah oma Sexual Assault Foren sic Evidence Task
Force, shall adopt and disseminate guidelines and pr ocedures 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 evi dence 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.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 150. 28c, is
amended to read as follows:
Section 150.28c. 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 O klahoma
State Bureau of Invest igation (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 sexu al 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 S ystem (CODIS) eligible DNA profiles;
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2. Whether the statute of limi tations 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 la w enforcement; or
2. The victim has r equested that the kit not be t ested; 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.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 16, 2023 - DO PASS