Okla. Stat. tit. 74, § 74-150.28b

Oklahoma Statutes - Title 74. State Government Page 316

A. All accredited crime laboratories in the State of Oklahoma

must supply to all law enforcement 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 evidence 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 (20)

days after receipt of the evidence by a law enforcement agency if a

report of the sexual assault is made to the law enforcement agency,

unless the victim requests that the sexual assault evidence kit not

be tested.

C. If, at the time the forensic medical 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 Oklahoma

Statutes.

D. A collected sexual assault evidence kit, whether tested or

untested, must be retained 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, whichever 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 agency with

larger capacity.

F. By January 1, 2020, the Oklahoma State Bureau of

Investigation (OSBI) and each accredited crime laboratory, in

coordination with Oklahoma Sexual Assault Forensic Evidence Task

Force, shall adopt and disseminate guidelines and procedures 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 evidence 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.