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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3568 By: Manger
COMMITTEE SUBSTITUTE
An Act relating to state government; amending 74 O.S.
2021, Section 150.27, which relates to the
deoxyribonucleic acid (DNA) laboratory of the
Oklahoma State Bureau of Investigation; directing the
Oklahoma State Bureau of Investigation to promulgate
policies, procedures , and forms for statewide rapid
DNA program; allowing use of Rapid DNA technology;
requiring law enforcement agencies to meet certain
standards; authorizing the B ureau to promulgate
standards and provide certain training; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.27, is
amended to read as follows:
Section 150.27 A. There shall be established within the
Oklahoma State Bureau of Inve stigation (OSBI) a deoxyribonucleic
acid (DNA) laboratory for the purpose of determining DNA profiles to
be used for evidence in criminal proceedings. The OSBI shall
coordinate the use of this laboratory and equipment with federal,
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state, county, and muni cipal law enforcement agencies. Al l county
sheriff departments and all police departments for municipalities
may participate in this laboratory. The OSBI shall establish
standards and guidelin es for the deoxyribonucleic acid (DNA)
laboratory and shall co mply with any regulations applicabl e to DNA
testing, sampling and laboratory standards.
B. The OSBI may make a DNA profile of any blood or saliva
specimen received for any other purpose by the Bureau and place the
DNA profile in its DNA population databas e. The DNA population
database shall not be indexed by donor name, and the Bureau shall
promulgate rules to protect the privacy of the DNA donors.
C. The OSBI may contract for the services of a Forensic DNA
Technical Manager as reasonably necessary to en sure the continued
operations of the DNA laboratory. The OSBI shall be exempt from the
competitive bidding requirements of the Oklahoma Central Purchasing
Act for the purpose of soliciting, neg otiating, and effectuating
such a contract or contracts.
D. The OSBI shall promulgate necessary policies, procedures,
and forms for participation in a rapid DNA investigative lead
program, a statewide program for law enforcement agencies, outlining
the collection and processing of suspected single source crime scene
samples utilizing rapid DNA instrumentation. The provisions of this
subsection authorize the OSBI to promulgate program parameters as
well as provide the procedures on technical and practical procedures
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for law enforcement agencies concerning the training, maintenance,
and use of rapid DNA instruments throughout the state.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 150.27b of Title 74, unless
there is created a duplication in numbering, reads as follows:
A. Rapid deoxyribonucleic (DNA) technology may be used to test
a DNA sample for comparison with samples in the OSBI Combined DNA
Index System (CODIS) D atabase. Standards for law enforcement
agencies shall be met before remote Rapid DNA machines may connect
with CODIS.
B. The provisions of this section shall authorize the Oklahoma
State Bureau of Investigation to promulgate those standards for law
enforcement agencies throughout the state as well as provide
technical and practical training to personnel of said law
enforcement agencies on the collection of DNA samples, maintenance
of the Rapid DNA equipment, and use of th e Rapid DNA instruments.
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMM ITTEE ON PUBLIC SAFETY, dated 02/27/2024 -
DO PASS, As Amended.