{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-150.27a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-150.27a","heading":"OSBI Combined DNA Index System (CODIS) Database","body":"A. There is hereby established within the Oklahoma State Bureau\n\nof Investigation the OSBI Combined DNA Index System (CODIS) Database\n\nfor the purpose of collecting and storing blood or saliva samples\n\nand DNA profiles, analyzing and typing of the genetic markers\n\ncontained in or derived from DNA and maintaining the records and\n\nsamples of DNA of individuals:\n\n1. Convicted of any felony offense;\n\n2. Required to register pursuant to the Sex Offenders\n\nRegistration Act;\n\n3. Subject to the availability of funds, eighteen (18) years of\n\nage or older arrested for the commission of a felony under the laws\n\nof this state or any other jurisdiction, upon being booked into a\n\njail or detention facility. Provided, the DNA sample shall not be\n\nanalyzed and shall be destroyed unless one of the following\n\nconditions has been met:\n\na. the arrest was made upon a valid felony arrest or\n\nwarrant,\n\nb. the person has appeared before a judge or magistrate\n\njudge who made a finding that there was probable cause\n\nfor the arrest,\n\nc. the person posted bond or was released prior to\n\nappearing before a judge or magistrate judge and then\n\nfailed to appear for a scheduled hearing, or\n\nd. the DNA sample was provided as a condition of a plea\n\nagreement; and\n\n4. Subject to the availability of funds, convicted of a\n\nmisdemeanor offense of assault and battery, domestic abuse,\n\nstalking, possession of a controlled substance prohibited under the\n\nUniform Controlled Dangerous Substances Act, outraging public\n\ndecency, resisting arrest, escaping or attempting to escape, eluding\n\na police officer, Peeping Tom, pointing a firearm, threatening an\n\nact of violence, breaking and entering a dwelling place, destruction\n\nof property, negligent homicide or causing a personal injury\n\naccident while driving under the influence of any intoxicating\n\nsubstance, or, upon arrest, any alien unlawfully present under\n\nfederal immigration law.\n\nThe purpose of this database is the detection or exclusion of\n\nindividuals who are subjects of the investigation or prosecution of\n\nsex-related crimes, violent crimes or other crimes in which\n\nbiological evidence is recovered, and such information shall be used\n\nfor no other purpose.\n\nB. Any DNA specimen taken in good faith by the Department of\n\nCorrections, its employees or contractors, the county sheriff, its\n\nemployees or contractors or a peace officer, and submitted to the\n\nOSBI may be included, maintained and kept by the OSBI in a database\n\nfor criminal investigative purposes despite the specimen having not\n\nbeen taken in strict compliance with the provisions of this section\n\nor Section 991a of Title 22 of the Oklahoma Statutes.\n\nC. Upon the request to OSBI by the federal or state authority\n\nhaving custody of the person, any individual who was convicted of\n\nviolating laws of another state or the federal government, but is\n\ncurrently incarcerated or residing in Oklahoma, shall submit to DNA\n\nprofiling for entry of the data into the OSBI DNA Offender Database.\n\nThis provision shall only apply when such federal or state\n\nconviction carries a requirement of sex offender registration or DNA\n\nprofiling. The person to be profiled shall pay a fee of One Hundred\n\nFifty Dollars ($150.00) to the OSBI.\n\nD. The OSBI CODIS Database is specifically exempt from any\n\nstatute requiring disclosure of information to the public. The\n\ninformation contained in the database is privileged from discovery\n\nand inadmissible as evidence in any civil court proceeding. The\n\ninformation in the database is confidential and shall not be\n\nreleased to the public. Any person charged with the custody and\n\ndissemination of information from the database shall not divulge or\n\ndisclose any such information except to federal, state, county or\n\nmunicipal law enforcement or criminal justice agencies. Any person\n\nviolating the provisions of this section upon conviction shall be\nhe\n\ninformation in the database is confidential and shall not be\n\nreleased to the public. Any person charged with the custody and\n\ndissemination of information from the database shall not divulge or\n\ndisclose any such information except to federal, state, county or\n\nmunicipal law enforcement or criminal justice agencies. Any person\n\nviolating the provisions of this section upon conviction shall be\n\ndeemed guilty of a misdemeanor punishable by imprisonment in the\n\ncounty jail for not more than one (1) year.\n\nE. The OSBI shall promulgate rules concerning the collection,\n\nstoring, expungement and dissemination of information and samples\n\nfor the OSBI CODIS Database. The OSBI shall determine the type of\n\nequipment, collection procedures and reporting documentation to be\n\nused by the Department of Corrections, a county sheriff's office or\n\na law enforcement agency in submitting DNA samples to the OSBI in\n\naccordance with Section 991a of Title 22 of the Oklahoma Statutes.\n\nThe OSBI shall provide training to designated employees of the\n\nDepartment of Corrections, a county sheriff's office and a law\n\nenforcement agency in the proper methods of performing the duties\n\nrequired by this section.\n\nF. The OSBI CODIS Database may include secondary databases and\n\nindexes including, but not limited to:\n\n1. Forensic index database consisting of unknown evidence\n\nsamples;\n\n2. Suspect index database consisting of samples taken from\n\nindividuals as a result of criminal investigations;\n\n3. Convicted offender index database authorized pursuant to\n\nsubsection A of this section; and\n\n4. Missing persons and unidentified remains index or database\n\nconsisting of DNA profiles from unidentified remains and relatives\n\nof missing persons.\n\nG. 1. Any person convicted of a felony offense who is in\n\ncustody shall provide a blood or saliva sample prior to release.\n\n2. Subject to the availability of funds, any person convicted\n\nof a misdemeanor offense of assault and battery, domestic abuse,\n\nstalking, possession of a controlled substance prohibited under the\n\nUniform Controlled Dangerous Substances Act, outraging public\n\ndecency, resisting arrest, escaping or attempting to escape, eluding\n\na police officer, Peeping Tom, pointing a firearm, threatening an\n\nact of violence, breaking and entering a dwelling place, destruction\n\nof property, negligent homicide or causing a personal injury\n\nincident while driving under the influence of any intoxicating\n\nsubstance who is in custody shall provide a blood or saliva sample\n\nprior to release.\n\n3. Every person who is convicted of a felony offense whose\n\nsentence does not include a term of incarceration shall provide a\n\nblood or saliva sample as a condition of sentence.\n\n4. Subject to the availability of funds, every person who is\n\nconvicted of a misdemeanor offense of assault and battery, domestic\n\nabuse, stalking, possession of a controlled substance prohibited\n\nunder the Uniform Controlled Dangerous Substances Act, outraging\n\npublic decency, resisting arrest, escape or attempting to escape,\n\neluding a police officer, Peeping Tom, pointing a firearm,\n\nthreatening an act of violence, breaking and entering a dwelling\n\nplace, destruction of property, negligent homicide or causing a\n\npersonal injury accident while driving under the influence of any\n\nintoxicating substance whose sentence does not include a term of\n\nincarceration shall provide a blood or saliva sample as a condition\n\nof sentence.\n\n5. Subject to the availability of funds, any person eighteen\nning an act of violence, breaking and entering a dwelling\n\nplace, destruction of property, negligent homicide or causing a\n\npersonal injury accident while driving under the influence of any\n\nintoxicating substance whose sentence does not include a term of\n\nincarceration shall provide a blood or saliva sample as a condition\n\nof sentence.\n\n5. Subject to the availability of funds, any person eighteen\n\n(18) years of age or older who is arrested for the commission of a\n\nfelony under the laws of this state or any other jurisdiction shall,\n\nupon being booked into a jail or detention facility, submit to DNA\n\ntesting for law enforcement identification purposes. Provided, the\n\nDNA sample shall not be analyzed and shall be destroyed unless one\n\nof the following conditions has been met:\n\na. the arrest was made upon a valid felony arrest or\n\nwarrant,\n\nb. the person has appeared before a judge or magistrate\n\njudge who made a finding that there was probable cause\n\nfor the arrest,\n\nc. the person posted bond or was released prior to\n\nappearing before a judge or magistrate judge and then\n\nfailed to appear for a scheduled hearing, or\n\nd. the DNA sample was provided as a condition of a plea\n\nagreement.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5aec3f02b0d8cf568a767157a4b1fab6730a6bbea9881005c16f31e53384b505","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-150.27","next":"us-ok/okla.-stat.-tit.-74-74-150.28"},"notice":"GroundRules: Original legal text. Not legal advice."}