Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1000 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	SB1000 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1000 By: Floyd, Dahm, Jett, and
7	37		Garvin of the Senate
8	38
9	39		and
10	40
11		-	Bashore, Munson, and Fugate
12		-	of the House
	41	+	Bashore of the House
13	42
14	43
15	44
16	45		An Act relating to the Oklahoma State Bureau of
17	46		Investigation; amending 74 O.S. 2021, S ections
18	47		150.28b and 150.28c, which relate to sexual assault
19	48		evidence kits; authorizing OSBI to inquire into
20	49		condition and location of certain se xual assault
21	50		evidence kits; authorizing OSBI to initiate
22	51		investigation on certain untested sexual assault
23	52		evidence kits; and providing an effective date.
24	53
25	54
26		-
27		-	SUBJECT: Sexual assault evidence kits
28		-
29	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	56		SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.28b, is
32	57		amended to read as follows :
33		-
34	58		Section 150.28b. A. All accredited c rime laboratories in the
35	59		State of Oklahoma mus t supply to all law enforcement agencies the
36	60		same standardized sexual assault evidence kit for the collection of
37	61		DNA or other evidence as a result of an alleged crime of sexual
38	62		assault.
39		-
40	63		B. A sexual assault evi dence kit, or other DNA evidence if a
41	64		kit is not collected, must be submitted to the appropriate
42	65		accredited crime laboratory for forensic testing within twenty (2 0)
	66	+
	67	+	SB1000 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
	69	+	2
	70	+	3
	71	+	4
	72	+	5
	73	+	6
	74	+	7
	75	+	8
	76	+	9
	77	+	10
	78	+	11
	79	+	12
	80	+	13
	81	+	14
	82	+	15
	83	+	16
	84	+	17
	85	+	18
	86	+	19
	87	+	20
	88	+	21
	89	+	22
	90	+	23
	91	+	24
	92	+
43	93		days after receipt of the evidence by a law enforce ment agency if a
44	94		report of the sexual as sault is made to the law enforcement agency,
45	95		unless the victim requests that the sexual assault evidence kit not
46	96		be tested.
47		-
48		-	ENR. S. B. NO. 1000 Page 2
49		-
50	97		C. If, at the time the forensic medic al examination is
51	98		conducted, a report of the sexual as sault is not made or if the
52	99		victim requests that the sexual assault evidence kit not b e tested,
53	100		the medical provider shall inform the victim in writing of his or
54	101		her right to request the testing of the sexual assault evidence kit
55	102		at any future time. The l aw enforcement agency shall submit the
56	103		sexual assault evidence kit to the appropriate accredited crime
57	104		laboratory for forensic testing within twenty (20) days of such
58	105		request. However, nothing in this subsection shall negate the
59	106		responsibility of a medica l provider to report a suspected sexual
60	107		assault as provided for in Section 40.3A of Ti tle 22 of the Oklahoma
61	108		Statutes.
62		-
63	109		D. A collected sexual assault evidence kit, whether tested or
64	110		untested, must be re tained in a secure, environmentally safe manner
65	111		for not less than fifty (50) years or for the length of the statute
66	112		of limitations for the a lleged crime, whichever is longer.
67		-
68	113		E. Each law enforcement agency is responsible for the
69	114		maintenance and storage of untested kits either in their own
70	115		evidence storage or through an agreement with another agenc y with
71	116		larger capacity.
	117	+
	118	+	SB1000 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
	120	+	2
	121	+	3
	122	+	4
	123	+	5
	124	+	6
	125	+	7
	126	+	8
	127	+	9
	128	+	10
	129	+	11
	130	+	12
	131	+	13
	132	+	14
	133	+	15
	134	+	16
	135	+	17
	136	+	18
	137	+	19
	138	+	20
	139	+	21
	140	+	22
	141	+	23
	142	+	24
72	143
73	144		F. By January 1, 2020 , the Oklahoma State Bureau of
74	145		Investigation (OSBI) and each accredited crime laboratory, in
75	146		coordination with Oklah oma Sexual Assault Foren sic Evidence Task
76	147		Force, shall adopt and disseminate guidelines and pr ocedures for the
77	148		collection, submission and te sting of DNA evidence that is obtained
78	149		in connection with an alleged sexual assault. Priority testing
79	150		shall be given for sexual assault evi dence kits that will yield
80	151		evidentiary value to the investigation and prosecution of the
81	152		alleged sexual assault.
82		-
83	153		G. OSBI may inquire as to the condition and location of a
84	154		sexual assault evidence kit that has not been submitted to a
85	155		forensic laboratory within the deadlines established in subsection B
86	156		of this section.
87		-
88	157		SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.28c, is
89	158		amended to read as f ollows:
90		-
91		-
92		-	ENR. S. B. NO. 1000 Page 3
93	159		Section 150.28c. A. In addition to guidelines and procedures
94	160		for the collection, submission and testing of DNA evidence that is
95	161		obtained in connection with an alleged sexual assault, the O klahoma
96	162		State Bureau of Investigation (OSBI) and each accredited crime
97	163		laboratory within the State of Oklahoma in partnership with the
98	164		Oklahoma Sexual Assault Forensic Evidence Ta sk Force shall implement
99	165		a priority protocol for the testing of untested sexu al assault
100	166		evidence kits, which shall include, but not be limited to:
101	167
	168	+	SB1000 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
	170	+	2
	171	+	3
	172	+	4
	173	+	5
	174	+	6
	175	+	7
	176	+	8
	177	+	9
	178	+	10
	179	+	11
	180	+	12
	181	+	13
	182	+	14
	183	+	15
	184	+	16
	185	+	17
	186	+	18
	187	+	19
	188	+	20
	189	+	21
	190	+	22
	191	+	23
	192	+	24
	193	+
102	194		1. A process to identify the kits that were never examined and
103	195		those that were partially examined for probab ility of obtaining
104	196		Combined DNA Index S ystem (CODIS) eligible DNA profiles;
105		-
106	197		2. Whether the statute of limitations has passed for the
107	198		alleged crime;
108		-
109	199		3. Whether the offender is a stranger or non -stranger to the
110	200		victim; and
111		-
112	201		4. A process to identify those k its where the victim was or is
113	202		participating in the criminal justice process and has consented to
114	203		the testing of the kit.
115		-
116	204		B. Untested kits that have been identified as part of the
117	205		current backlog of untested or kits not submitted shall not be
118	206		tested where:
119		-
120	207		1. The victim has not reported to la w enforcement; or
121		-
122	208		2. The victim has r equested that the kit not be tested; or
123		-
124	209		3. The offender has been convicted for the crime and his or her
125	210		profile is in the Combined DNA Index System (CODIS).
126		-
127	211		C. OSBI may initiate an investigation on any previously
128	212		untested or partially tested sexual assault eviden ce kit once
129	213		testing has been completed.
130		-
131	214		SECTION 3. This act shall become effective November 1, 2023.
132	215
133		-
134		-	ENR. S. B. NO. 1000 Page 4
135		-	Passed the Senate the 9th day of March, 2023.
136		-
137		-
138		-
139		-	Presiding Officer of the Senate
140		-
141		-
142		-	Passed the House of Representatives the 20th day of April, 2023.
143		-
144		-
145		-
146		-	Presiding Officer of the House
147		-	of Representatives
148		-
149		-	OFFICE OF THE GOVERNOR
150		-	Received by the Office of the Governor this _______ _____________
151		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
152		-	By: _______________________________ __
153		-	Approved by the Governor of the State of Oklahoma this _____ ____
154		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
155		-
156		-	_________________________________
157		-	Governor of the State of Oklahoma
158		-
159		-
160		-	OFFICE OF THE SECRETARY OF STATE
161		-	Received by the Office of the Secretary of State this _______ ___
162		-	day of __________________, 20 _______, at _______ o'clock _______ M.
163		-	By: _______________________________ __
	216	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, da ted 04/04/2023 -
	217	+	DO PASS.