Superseded Effective November 01,1997

Chapter 5
State Bureau of Investigation
§150.27a. Establishment of OSBI DNA Offender Database.

A. There is hereby established within the Oklahoma State Bureau of Investigation the OSBI DNA Offender Database for the purpose of collecting and storing blood samples, 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 violation of Section 650, 650.2, 650.5, 650.6, 650.7, 650.8, 651, 652, 701.7, 701.8, 711, 832, 885, 888 or 1114, subsection B of Section 1021, or Section 1021.2, 1021.3, 1087, 1088, 1123, 1173 or 1192.1 of Title 21 of the Oklahoma Statutes. 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. The OSBI DNA Offender 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.

C. The OSBI shall promulgate rules concerning the collection, storing, expungement and dissemination of information and samples for the OSBI DNA Offender Database. The OSBI shall determine the type of equipment, collection procedures, and reporting documentation to be used by the Department of Corrections in submitting DNA samples to the OSBI in accordance with Section 991a of Title 22 [22-991a] of the Oklahoma Statutes. The OSBI shall provide training to designated employees of the Department of Corrections in the proper methods of performing the duties required by this section.

Added by Laws 1994, c. 40, § 2, eff. July 1, 1996. Amended by Laws 1996, c. 153, § 3, emerg. eff. May 7, 1996tempmarker