Okla. Stat. tit. 74, § 74-150.28a

assault evidence collection kits.

A. The Criminalistics Services Division of the Oklahoma State

Bureau of Investigation (OSBI) shall develop and implement a

statewide electronic tracking system for evidence collection kits

used to collect and preserve evidence of a sexual assault or other

sex offense. All sexual assault evidence collection kits, purchased

and/or distributed by the Oklahoma State Bureau of Investigation to

collection sites on or after October 1, 2019, shall be trackable and

shall comply with the requirements of the electronic tracking

system.

B. The Division Director of the OSBI Crime Laboratory shall

implement protocols and administer the tracking system. The

Division Director shall implement protocols and the Bureau shall

promulgate rules and guidelines to ensure that previously untested

sexual assault evidence collection kits are trackable and are

entered into the tracking system. Any law enforcement agency,

medical provider or forensic laboratory that has in its custody a

previously untested sexual assault evidence collection kit used for

a forensic medical examination shall comply with the established

protocols, rules and guidelines relating to all untested kits.

C. For purposes of this section, "previously untested sexual

assault evidence collection kit" means any kit that has not

Oklahoma Statutes - Title 74. State Government Page 315

undergone forensic testing and was identified and included in the

2017-2018 statewide inventories of kits in law enforcement custody

pursuant to the Governor's Executive Order 2017-11. To the extent

practicable, and consistent with protecting victim confidentiality

for unreported sexual assaults, a law enforcement agency having

custody of a kit governed by this subsection shall take reasonable

measures to provide appropriate tracking information to the affected

victim.

D. The tracking system shall:

1. Track the location and status of each evidence collection

kit through the criminal justice process, including the initial

collection of evidence for the kit in a forensic medical examination

performed at a health care facility, receipt and storage of the kit

at a law enforcement agency, receipt and analysis of the kit at an

accredited crime laboratory, and storage and destruction of the kit

after the applicable evidence is analyzed;

2. Allow a health care facility performing a forensic medical

examination of a survivor, law enforcement agency, accredited crime

laboratory, prosecutor or other entity providing a chain of custody

for an evidence collection kit to update and track the status and

location of the kits; and

3. Allow a survivor to anonymously track or receive updates

regarding the statute and location of the survivor's evidence

collection kit.

E. The Bureau shall require participation in the tracking

system by all medical providers, law enforcement agencies, forensic

laboratories or other persons or entities having custody or use of

any sexual assault evidence collection kit in the State of Oklahoma.

These entities shall participate in the tracking system and comply

with the established protocols, rules and guidelines. A

participating entity shall be permitted to access the entity's

tracking information through the System.

F. Records entered into the tracking system are confidential.

Records relating to an evidence collection kit may be accessed only

by:

1. The survivor for whom the evidence collection kit was

completed; or

2. An employee of an entity described by subsection C for

purposes of updating or tracking the status or location of the

evidence collection kit.

G. No later than January 1, 2020, the Oklahoma State Bureau of

Investigation shall require all entities described in this section

to participate in the statewide tracking system established by this

section.