Okla. Stat. tit. 74, § 74-150.28c
This is the official text of Okla. Stat. tit. 74, § 74-150.28c, part of Oklahoma’s Stat. tit. 74, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 74,." Browse the sections below, each linked to its official government source.
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Priority protocol for testing untested sexual assault
Official statutory text
evidence kits.
A. In addition to guidelines and procedures for the collection,
submission and testing of DNA evidence that is obtained in
connection with an alleged sexual assault, the Oklahoma State Bureau
of Investigation (OSBI) and each accredited crime laboratory within
the State of Oklahoma in partnership with the Oklahoma Sexual
Assault Forensic Evidence Task Force shall implement a priority
protocol for the testing of untested sexual assault evidence kits,
which shall include, but not be limited to:
1. A process to identify the kits that were never examined and
those that were partially examined for probability of obtaining
Combined DNA Index System (CODIS) eligible DNA profiles;
2. Whether the statute of limitations has passed for the
alleged crime;
3. Whether the offender is a stranger or non-stranger to the
victim; and
4. A process to identify those kits where the victim was or is
participating in the criminal justice process and has consented to
the testing of the kit.
B. Untested kits that have been identified as part of the
current backlog of untested or kits not submitted shall not be
tested where:
1. The victim has not reported to law enforcement;
2. The victim has requested that the kit not be tested; or
3. The offender has been convicted for the crime and his or her
profile is in the Combined DNA Index System (CODIS).
C. OSBI may initiate an investigation on any previously
untested or partially tested sexual assault evidence kit once
testing has been completed.
A. In addition to guidelines and procedures for the collection,
submission and testing of DNA evidence that is obtained in
connection with an alleged sexual assault, the Oklahoma State Bureau
of Investigation (OSBI) and each accredited crime laboratory within
the State of Oklahoma in partnership with the Oklahoma Sexual
Assault Forensic Evidence Task Force shall implement a priority
protocol for the testing of untested sexual assault evidence kits,
which shall include, but not be limited to:
1. A process to identify the kits that were never examined and
those that were partially examined for probability of obtaining
Combined DNA Index System (CODIS) eligible DNA profiles;
2. Whether the statute of limitations has passed for the
alleged crime;
3. Whether the offender is a stranger or non-stranger to the
victim; and
4. A process to identify those kits where the victim was or is
participating in the criminal justice process and has consented to
the testing of the kit.
B. Untested kits that have been identified as part of the
current backlog of untested or kits not submitted shall not be
tested where:
1. The victim has not reported to law enforcement;
2. The victim has requested that the kit not be tested; or
3. The offender has been convicted for the crime and his or her
profile is in the Combined DNA Index System (CODIS).
C. OSBI may initiate an investigation on any previously
untested or partially tested sexual assault evidence kit once
testing has been completed.
Status: in_force · Read it on the official government site
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