Okla. Stat. tit. 22, § 22-210
This is the official text of Okla. Stat. tit. 22, § 22-210, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Felony arrest – DNA testing required
Official statutory text
A. Subject to the availability of funds, a person eighteen (18)
years of age or older who is arrested for the commission of a felony
under the laws of this state or any other jurisdiction shall, upon
being booked into a jail or detention facility, submit to
deoxyribonucleic acid (DNA) sample collection for testing for DNA-
identification-matching purposes in accordance with Section 150.27a
of Title 74 of the Oklahoma Statutes and the rules promulgated by
the Oklahoma State Bureau of Investigation (OSBI) for the OSBI
Combined DNA Index System (CODIS) Database. DNA samples shall be
collected by trained medical personnel, law enforcement, tribal
police officers, or employees or medical contractors of those
organizations as qualified pursuant to subsection B of this section.
B. Samples of blood or saliva for DNA testing or for DNA-
identification-matching purposes required by subsection A of this
section shall be taken by trained medical personnel, law
enforcement, tribal police officers, or employees or medical
contractors of those organizations. The individuals shall be
properly trained to collect blood or saliva samples. Persons
collecting blood or saliva for DNA testing or for DNA-
identification-matching purposes pursuant to this section shall be
immune from civil liabilities arising from this activity. All
collectors of DNA samples shall ensure the collected samples are
mailed or delivered to the OSBI within ten (10) days after the DNA
sample is collected from the person using sample kits provided by
Oklahoma Statutes - Title 22. Criminal Procedure Page 138
the OSBI and procedures promulgated by the OSBI, or if the jail,
detention facility, booking facility of a federally recognized
American Indian tribe in Oklahoma or other designated facility is
using Rapid DNA technology, the collector shall use the provided
collection instruments. Once the DNA-identification-matching
process has concluded and a sample has been mailed or delivered to
the OSBI, the collector shall discard the Rapid DNA sample taken in
the jail, detention facility, booking facility of a federally
recognized American Indian tribe in Oklahoma or other designated
facility.
If a jail, detention facility, booking facility of a federally
recognized American Indian tribe in Oklahoma or other designated
facility is using Rapid DNA technology to take the DNA sample for
DNA identification purposes, said sample shall not be retained,
tested or stored after completion of the Rapid DNA identification
process. Any person charged with the custody and dissemination of
DNA samples and profiles shall not divulge or disclose any such
information except to federal, state, county or municipal law
enforcement or criminal justice agencies, nor shall the person
tamper with the samples and profiles taken. Any person violating
the provisions of this section shall, upon conviction, be guilty of
a misdemeanor punishable by imprisonment in the county jail for not
more than one (1) year.
C. A DNA sample shall not be analyzed and shall be destroyed
unless one of the following conditions has been met:
1. The arrest was made upon a valid felony arrest or warrant;
2. The person has appeared before a judge or magistrate judge
who made a finding that there was probable cause for the arrest;
3. The person posted bond or was released prior to appearing
before a judge or magistrate judge and then failed to appear for a
scheduled hearing; or
4. The DNA sample was provided as a condition of a plea
agreement.
D. All DNA samples, records and identifiable information
generated pursuant to the provisions of this section shall be
automatically expunged from the OSBI Combined DNA Index System
(CODIS) Database under the following circumstances:
1. The felony offense for which the person was arrested does
not result in charges either by information or indictment and the
statute of limitations has expired;
All DNA samples, records and identifiable information
generated pursuant to the provisions of this section shall be
automatically expunged from the OSBI Combined DNA Index System
(CODIS) Database under the following circumstances:
1. The felony offense for which the person was arrested does
not result in charges either by information or indictment and the
statute of limitations has expired;
2. The state voluntarily dismissed the felony charge filed
against the person; or
3. The court dismissed the felony charge filed against the
person.
The Oklahoma State Bureau of Investigation shall promulgate
rules establishing procedures relating to the automatic expungement
of DNA samples, records and identifiable information collected under
Oklahoma Statutes - Title 22. Criminal Procedure Page 139
the provisions of this section. Fees related to the expungement of
DNA samples, records and identifiable information shall not be
assessed for persons who qualify for an automatic expungement under
the provisions of this subsection.
years of age or older who is arrested for the commission of a felony
under the laws of this state or any other jurisdiction shall, upon
being booked into a jail or detention facility, submit to
deoxyribonucleic acid (DNA) sample collection for testing for DNA-
identification-matching purposes in accordance with Section 150.27a
of Title 74 of the Oklahoma Statutes and the rules promulgated by
the Oklahoma State Bureau of Investigation (OSBI) for the OSBI
Combined DNA Index System (CODIS) Database. DNA samples shall be
collected by trained medical personnel, law enforcement, tribal
police officers, or employees or medical contractors of those
organizations as qualified pursuant to subsection B of this section.
B. Samples of blood or saliva for DNA testing or for DNA-
identification-matching purposes required by subsection A of this
section shall be taken by trained medical personnel, law
enforcement, tribal police officers, or employees or medical
contractors of those organizations. The individuals shall be
properly trained to collect blood or saliva samples. Persons
collecting blood or saliva for DNA testing or for DNA-
identification-matching purposes pursuant to this section shall be
immune from civil liabilities arising from this activity. All
collectors of DNA samples shall ensure the collected samples are
mailed or delivered to the OSBI within ten (10) days after the DNA
sample is collected from the person using sample kits provided by
Oklahoma Statutes - Title 22. Criminal Procedure Page 138
the OSBI and procedures promulgated by the OSBI, or if the jail,
detention facility, booking facility of a federally recognized
American Indian tribe in Oklahoma or other designated facility is
using Rapid DNA technology, the collector shall use the provided
collection instruments. Once the DNA-identification-matching
process has concluded and a sample has been mailed or delivered to
the OSBI, the collector shall discard the Rapid DNA sample taken in
the jail, detention facility, booking facility of a federally
recognized American Indian tribe in Oklahoma or other designated
facility.
If a jail, detention facility, booking facility of a federally
recognized American Indian tribe in Oklahoma or other designated
facility is using Rapid DNA technology to take the DNA sample for
DNA identification purposes, said sample shall not be retained,
tested or stored after completion of the Rapid DNA identification
process. Any person charged with the custody and dissemination of
DNA samples and profiles shall not divulge or disclose any such
information except to federal, state, county or municipal law
enforcement or criminal justice agencies, nor shall the person
tamper with the samples and profiles taken. Any person violating
the provisions of this section shall, upon conviction, be guilty of
a misdemeanor punishable by imprisonment in the county jail for not
more than one (1) year.
C. A DNA sample shall not be analyzed and shall be destroyed
unless one of the following conditions has been met:
1. The arrest was made upon a valid felony arrest or warrant;
2. The person has appeared before a judge or magistrate judge
who made a finding that there was probable cause for the arrest;
3. The person posted bond or was released prior to appearing
before a judge or magistrate judge and then failed to appear for a
scheduled hearing; or
4. The DNA sample was provided as a condition of a plea
agreement.
D. All DNA samples, records and identifiable information
generated pursuant to the provisions of this section shall be
automatically expunged from the OSBI Combined DNA Index System
(CODIS) Database under the following circumstances:
1. The felony offense for which the person was arrested does
not result in charges either by information or indictment and the
statute of limitations has expired;
All DNA samples, records and identifiable information
generated pursuant to the provisions of this section shall be
automatically expunged from the OSBI Combined DNA Index System
(CODIS) Database under the following circumstances:
1. The felony offense for which the person was arrested does
not result in charges either by information or indictment and the
statute of limitations has expired;
2. The state voluntarily dismissed the felony charge filed
against the person; or
3. The court dismissed the felony charge filed against the
person.
The Oklahoma State Bureau of Investigation shall promulgate
rules establishing procedures relating to the automatic expungement
of DNA samples, records and identifiable information collected under
Oklahoma Statutes - Title 22. Criminal Procedure Page 139
the provisions of this section. Fees related to the expungement of
DNA samples, records and identifiable information shall not be
assessed for persons who qualify for an automatic expungement under
the provisions of this subsection.
Status: in_force · Read it on the official government site
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