Okla. Stat. tit. 74, § 74-150.28c: Priority protocol for testing untested sexual assault

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.