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 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;
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 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.
Added by Laws 2016, c. 181, § 1, eff. Nov. 1, 2016. Amended by Laws 2019, c. 374, § 1, eff. Nov. 1, 2019.