STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2638	By:	Denney

AS INTRODUCED

An Act relating to DNA testing; requiring submission of DNA samples under certain circumstances; providing exclusion for certain persons; providing procedures for testing; authorizing collection of fees; amending 74 O.S. 2011, Section 150.27a, which relates to the OSBI Combined DNA Index System (CODIS) Database; modifying purpose of database; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 281 of Title 22, unless there is created a duplication in numbering, reads as follows:
A.  A person accused of committing an offense as provided in Section 13.1 of Title 21 of the Oklahoma Statutes or an offense listed in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes shall, after a finding of probable cause for detention or upon an arrest on a valid felony arrest warrant, submit to deoxyribonucleic acid (DNA) testing for law enforcement identification 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 the arresting authority as qualified pursuant to subsection B of this section.  Convicted or arrested individuals who have previously submitted to DNA testing pursuant to this section or Section 991a of Title 22 of the Oklahoma Statutes and for whom a valid sample is on file in the OSBI Combined DNA Index System (CODIS) Database shall not be required to submit to additional testing.
B.  Samples of blood or saliva for DNA testing required by subsection A of this section shall be taken by peace officers, the county sheriff or employees or contractors of the county sheriff's office.  The individuals shall be properly trained to collect blood or saliva samples.  Persons collecting blood or saliva for DNA testing pursuant to this section shall be immune from civil liabilities arising from this activity.  All collectors of DNA samples shall ensure the collection of samples are mailed to the OSBI within ten (10) days of the time the DNA sample is collected from the person.  All collectors of DNA samples shall use sample kits provided by the OSBI and procedures promulgated by the OSBI.  Persons subject to DNA testing shall be required to pay a fee of Fifteen Dollars ($15.00) to the agency collecting the sample for submission to the OSBI Combined DNA Index System (CODIS) Database.  Any fees collected pursuant to this subsection shall be deposited in the revolving account or the service fee account of the collection agency or department.
SECTION 2.     AMENDATORY     74 O.S. 2011, Section 150.27a, is amended to read as follows:
Section 150.27a  A.  There is hereby established within the Oklahoma State Bureau of Investigation the OSBI Combined DNA Index System (CODIS) Database for the purpose of collecting and storing blood or saliva samples and DNA profiles, analyzing and typing of the genetic markers contained in or derived from DNA, and maintaining the records and samples of DNA of individuals convicted of any felony offense, of individuals required to register pursuant to the Sex Offenders Registration Act, of individuals accused of committing an offense as provided in Section 13.1 of Title 21 of the Oklahoma Statutes or paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes after a finding of probable cause for detention or an arrest on a valid felony arrest warrant, and subject to the availability of funds, of individuals convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escape or attempting to escape, eluding a police officer, peeping tom, pointing a firearm, unlawful carry of a firearm, illegal transport of a firearm, discharging of a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance, or, upon arrest, any alien unlawfully present under federal immigration law.  The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered, and such information shall be used for no other purpose.
B.  Any DNA specimen taken in good faith by the Department of Corrections, its employees or contractors, or the county sheriff, its employees or contractors, and submitted to the OSBI may be included, maintained, and kept by the OSBI in a database for criminal investigative purposes despite the specimen having not been taken in strict compliance with the provisions of this section or Section 991a of Title 22 of the Oklahoma Statutes.
C.  Upon the request to OSBI by the federal or state authority having custody of the person, any individual who was convicted of violating laws of another state or the federal government, but is currently incarcerated or residing in Oklahoma, shall submit to DNA profiling for entry of the data into the OSBI DNA Offender Database.  This provision shall only apply when such federal or state conviction carries a requirement of sex offender registration and/or DNA profiling.  The person to be profiled shall pay a fee of One Hundred Fifty Dollars ($150.00) to the OSBI.
D.  The OSBI Combined DNA Index System (CODIS) Database is specifically exempt from any statute requiring disclosure of information to the public.  The information contained in the database is privileged from discovery and inadmissible as evidence in any civil court proceeding.  The information in the database is confidential and shall not be released to the public.  Any person charged with the custody and dissemination of information from the database shall not divulge or disclose any such information except to federal, state, county or municipal law enforcement or criminal justice agencies.  Any person violating the provisions of this section upon conviction shall be deemed guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year.
E.  The OSBI shall promulgate rules concerning the collection, storing, expungement and dissemination of information and samples for the OSBI Combined DNA Index System (CODIS) Database.  The OSBI shall determine the type of equipment, collection procedures, and reporting documentation to be used by the Department of Corrections or a county sheriff's office in submitting DNA samples to the OSBI in accordance with Section 991a of Title 22 of the Oklahoma Statutes.  The OSBI shall provide training to designated employees of the Department of Corrections and a county sheriff's office in the proper methods of performing the duties required by this section.
F.  The OSBI Combined DNA Index System (CODIS) Database may include secondary databases and indexes including, but not limited to:
1.  Forensic index database consisting of unknown evidence samples;
2.  Suspect index database consisting of samples taken from individuals as a result of criminal investigations;
3.  Convicted offender index database authorized pursuant to subsection A of this section; and
4.  Missing persons and unidentified remains index or database consisting of DNA profiles from unidentified remains and relatives of missing persons.
G.  Any person convicted of a felony offense who is in custody shall provide a blood or saliva sample prior to release.  Any person accused of committing an offense as provided in Section 13.1 of Title 21 of the Oklahoma Statutes or paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes shall, after a finding of probable cause for detention or upon an arrest on a valid felony arrest warrant, provide a blood or saliva sample.  Subject to the availability of funds, any person convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escape or attempting to escape, eluding a police officer, peeping tom, pointing a firearm, unlawful carry of a firearm, illegal transport of a firearm, discharging of a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury incident while driving under the influence of any intoxicating substance who is in custody shall provide a blood or saliva sample prior to release.  Every person who is convicted of a felony offense whose sentence does not include a term of incarceration shall provide a blood or saliva sample as a condition of sentence.  Subject to the availability of funds, every person who is convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escape or attempting to escape, eluding a police officer, peeping tom, pointing a firearm, unlawful carry of a firearm, illegal transport of a firearm, discharging of a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance whose sentence does not include a term of incarceration shall provide a blood or saliva sample as a condition of sentence.

SECTION 3.  This act shall become effective November 1, 2014.

54-2-8674	GRS	01/13/14