{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-210","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-210","heading":"Felony arrest – DNA testing required","body":"A. Subject to the availability of funds, a person eighteen (18)\n\nyears of age or older who is arrested for the commission of a felony\n\nunder the laws of this state or any other jurisdiction shall, upon\n\nbeing booked into a jail or detention facility, submit to\n\ndeoxyribonucleic acid (DNA) sample collection for testing for DNA-\n\nidentification-matching purposes in accordance with Section 150.27a\n\nof Title 74 of the Oklahoma Statutes and the rules promulgated by\n\nthe Oklahoma State Bureau of Investigation (OSBI) for the OSBI\n\nCombined DNA Index System (CODIS) Database. DNA samples shall be\n\ncollected by trained medical personnel, law enforcement, tribal\n\npolice officers, or employees or medical contractors of those\n\norganizations as qualified pursuant to subsection B of this section.\n\nB. Samples of blood or saliva for DNA testing or for DNA-\n\nidentification-matching purposes required by subsection A of this\n\nsection shall be taken by trained medical personnel, law\n\nenforcement, tribal police officers, or employees or medical\n\ncontractors of those organizations. The individuals shall be\n\nproperly trained to collect blood or saliva samples. Persons\n\ncollecting blood or saliva for DNA testing or for DNA-\n\nidentification-matching purposes pursuant to this section shall be\n\nimmune from civil liabilities arising from this activity. All\n\ncollectors of DNA samples shall ensure the collected samples are\n\nmailed or delivered to the OSBI within ten (10) days after the DNA\n\nsample is collected from the person using sample kits provided by\n\nthe OSBI and procedures promulgated by the OSBI, or if the jail,\n\ndetention facility, booking facility of a federally recognized\n\nAmerican Indian tribe in Oklahoma or other designated facility is\n\nusing Rapid DNA technology, the collector shall use the provided\n\ncollection instruments. Once the DNA-identification-matching\n\nprocess has concluded and a sample has been mailed or delivered to\n\nthe OSBI, the collector shall discard the Rapid DNA sample taken in\n\nthe jail, detention facility, booking facility of a federally\n\nrecognized American Indian tribe in Oklahoma or other designated\n\nfacility.\n\nIf a jail, detention facility, booking facility of a federally\n\nrecognized American Indian tribe in Oklahoma or other designated\n\nfacility is using Rapid DNA technology to take the DNA sample for\n\nDNA identification purposes, said sample shall not be retained,\n\ntested or stored after completion of the Rapid DNA identification\n\nprocess. Any person charged with the custody and dissemination of\n\nDNA samples and profiles shall not divulge or disclose any such\n\ninformation except to federal, state, county or municipal law\n\nenforcement or criminal justice agencies, nor shall the person\n\ntamper with the samples and profiles taken. Any person violating\n\nthe provisions of this section shall, upon conviction, be guilty of\n\na misdemeanor punishable by imprisonment in the county jail for not\n\nmore than one (1) year.\n\nC. A DNA sample shall not be analyzed and shall be destroyed\n\nunless one of the following conditions has been met:\n\n1. The arrest was made upon a valid felony arrest or warrant;\n\n2. The person has appeared before a judge or magistrate judge\n\nwho made a finding that there was probable cause for the arrest;\n\n3. The person posted bond or was released prior to appearing\n\nbefore a judge or magistrate judge and then failed to appear for a\n\nscheduled hearing; or\n\n4. The DNA sample was provided as a condition of a plea\n\nagreement.\n\nD. All DNA samples, records and identifiable information\n\ngenerated pursuant to the provisions of this section shall be\n\nautomatically expunged from the OSBI Combined DNA Index System\n\n(CODIS) Database under the following circumstances:\n\n1. The felony offense for which the person was arrested does\n\nnot result in charges either by information or indictment and the\n\nstatute of limitations has expired;\nAll DNA samples, records and identifiable information\n\ngenerated pursuant to the provisions of this section shall be\n\nautomatically expunged from the OSBI Combined DNA Index System\n\n(CODIS) Database under the following circumstances:\n\n1. The felony offense for which the person was arrested does\n\nnot result in charges either by information or indictment and the\n\nstatute of limitations has expired;\n\n2. The state voluntarily dismissed the felony charge filed\n\nagainst the person; or\n\n3. The court dismissed the felony charge filed against the\n\nperson.\n\nThe Oklahoma State Bureau of Investigation shall promulgate\n\nrules establishing procedures relating to the automatic expungement\n\nof DNA samples, records and identifiable information collected under\n\nthe provisions of this section. Fees related to the expungement of\n\nDNA samples, records and identifiable information shall not be\n\nassessed for persons who qualify for an automatic expungement under\n\nthe provisions of this subsection.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"58d0b3593deeede11b743f6167e32a3a0b46a4f5f4997d56dec4303d8fe9a381","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-21","next":"us-ok/okla.-stat.-tit.-22-22-211.1"},"notice":"GroundRules: Original legal text. Not legal advice."}