Author: Frank Urbanic

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Possession Of CDS With Intent To Distribute & Other Major Drug Crimes Punishments Reduced – 2018 Oklahoma Laws #1

Drug CrimesThe severity of punishment will be reduced in Oklahoma for possession CDS with intent to distribute, distribution & manufacture of CDS & imitation CDS, use of a minor to sell drugs, selling drugs to a minor, selling drugs in the presence of a young child, and possessing/transporting with intent to distribute & manufacturing CDS within 2000 ft of a school/park/project/child care facility. Anyone convicted of those offenses for a second or subsequent time will not be considered a habitual offender, which means the sentencing enhancement statute can’t be used. The eligibility for a deferred sentence, a suspended sentence, and probation has greatly increased for someone convicted of those crimes.

Transporting Or Possessing CDS With Intent To Distribute

The punishments were broken down previously into the following groups:

  1. Any narcotic that’s in Schedule I or II, LSD, gamma butyrolactone, gamma hydroxyvalerate, gamma valerolactone, 1,4 butanediol, 1,4 butanediol, and GHB.
  2. Any other CDS in Schedule I, II, III, or IV.
  3. Schedule V substances.

The change in law doesn’t put specific drugs into a separate category and lumps Schedule V drugs in with Schedule III and IV drugs. New punishments:

  1. Any Schedule I or II substance (except marijuana):
    • First offense – up to seven years in prison (was 5-life); up to $100,000 fine
    • Second offense – up to 14 years in prison (new)
    • Third and subsequent offenses – up to 20 years in prison (new)
  2. Any CDS in Schedules III, IV, and V, including marijuana:
    • First offense – up to five years in prison; up to $20,000 fine
    • Second offense – up to ten years in prison
    • Third and subsequent offenses – up to 15 years in prison

Previously, the range of punishment for every offense (including the first), except for Schedule V drugs, was five years-life. To put in perspective how dramatic of a change this law is, not only is there now no minimum time no matter how many times someone has committed this offense–but the caps on third and subsequent offenses are 20 and 15 years. The only time someone used to be eligible for probation was on a first offense. Now, a defendant is eligible for probation regardless of how many times they have been convicted of possession with intent to distribute.

Transporting Or Possessing Imitation CDS With Intent To Distribute

The first offense for an imitation controlled substance is still a misdemeanor. The maximum punishment on a second offense has been reduced from five years in prison to two.

Distribution & Manufacturing CDS & Synthetic CDS

The law change specifies ranges of punishment for the distribution or manufacture of a CDS and synthetic CDS:

  • First offense – up to ten years in prison; up to $25,000 fine
  • Second offense – 2-20 years in prison
  • Third and subsequent offenses – ten years-life in prison

Someone convicted of these crimes two or more times will no longer be considered a habitual offender. The previous maximum fine was $100,000. The provision requiring the offender on second and subsequent offenses to be fined twice the fine authorized has been removed. New language specifically states that offenders are eligible for probation, deferred sentences, and suspended sentences. In the previous version of this law, this subsection only addressed synthetic controlled substances. There’s a conflict between this subsection and another subsection in this statute that covers the manufacture of CDS, which remained unchanged.

Using A Minor To Distribute Drugs, Distributing Drugs To A Minor, & Distributing CDS In The Presence Of A Young Child

Punishment for someone 18 or older who uses or solicits the use of services of someone who is less than 18 to distribute, dispense, transport with intent to distribute, dispense, or cultivate a CDS; distributes a CDS to a person under 18, or distributes a CDS in the presence of a person under 12:

  • First offense – 2-10 years in prison
  • Second offense – 4-20 years in prison
  • Third and subsequent offenses – 10 years-life

An adult distributing a CDS in the presence of someone under 12 is now a separate crime.

Possessing With Intent To Distribute, Transporting With Intent To Distribute, Or Manufacturing CDS Within 2000 ft Of A School, Park, Public Housing Project, Or Child Care Facility

  • First offense – term of imprisonment not more than twice that authorized by the respective provision of this section; there is no longer a requirement that the defendant serve at least 50% of their sentence
  • Second and subsequent offenses – term of imprisonment not more than three times that authorized by the respective provision of this section; defendant is not eligible for a deferred sentence, suspended sentence, or probation; this is no longer an 85% crime

Someone convicted of a second and subsequent crime of transporting or possessing with an intent to distribute a CDS, distribution of a CDS, using or soliciting the services of someone less than 18 to distribute, dispense, transport with the intent to distribute or dispense or cultivate a CDS, distributing a CDS to someone under 18, or distributing a CDS in the presence of someone under 12 may not be punished as a habitual offender under 21 O.S. § 51.1. The only crimes in this statute for which someone who is convicted of a second and subsequent offense may be treated as a habitual offender is manufacturing or attempting to manufacture a CDS.

SB 793 amends 63 O.S. § 4-401. It goes into effect on November 1, 2018. This law is not retroactive, so it will not apply to offenses committed before November 1, 2018.

Sources: SB 79363 O.S. § 4-401

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Can I Get A Gun License In Oklahoma If I Have A Medical Marijuana Card?

oklahoma gun permit marijuana card

Under the language enacted by SQ 788, a medical marijuana license holder may have and be issued a gun license. Section 245A in Title 63 of the Oklahoma Statutes states, “No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit.” A concealed carry permit is now referred to as a handgun permit.

It’s believed that the new medical marijuana law overrides language in 21 O.S § 1290.10. It says that someone may not have a gun license if that person is ineligible to possess a pistol due to any provision of Oklahoma or U.S. law, except for felons who have been pardoned. Federal law states that anyone who is a user of a substance that the federal government considers illegal (which currently still includes marijuana) may not legally possess a gun or ammunition. Since this law is so new, the courts may ultimately have to decide this issue.

Even if you’re allowed to get a gun permit as a medical marijuana license holder under this new law, you still can’t legally possess a firearm or ammunition. Firearms dealers may not sell a gun or ammunition to anyone they have reason to believe is an illegal drug user (per federal law). Possession of a medical marijuana license would give a firearms dealer sufficient reason to believe someone is an illegal drug user (under federal law).

Would The OSBI Or A Gun Dealer Know That I Have A Medical Marijuana License?

It is unlikely that the OSBI or firearms dealers would know whether you had a medical marijuana license. This is due to the protections in 63 O.S. § 420A. It states that “The State Department of Health will ensure that all application records and information are sealed to protect the privacy of medical license applicants.” Therefore, we can assume that medical marijuana license information will remain private to everyone unless the individual discloses their status. The only way a firearms dealer would know that you have a medical marijuana license is if you told them about your medical marijuana license or used your medical marijuana license as a form of identification.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

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Can I Have A Gun If I Have A Medical Marijuana License In Oklahoma?

oklahoma medical marijuana

On June 26, 2018, voters in Oklahoma overwhelmingly approved medical marijuana by approving SQ 788. The legality of having a gun while possessing a medical marijuana license became a hot topic immediately after the vote. According to federal law, it’s illegal to possess a gun if you are a medical marijuana license holder regardless of state law.

The federal law that controls this issue is 18 U.S.C. § 922. Subsection (g) states that it’s unlawful for “any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” Succinctly, anyone who illegally uses any drug defined as a controlled substance by the federal government cannot possess a gun. Marijuana is a Schedule I substance on the federal schedule, so the federal government considers every user of marijuana an illegal use of a controlled substance. Possessing a state license for medical marijuana doesn’t make somebody a legal marijuana user in the eyes of the federal government. Note that you don’t have to be an addict for this statute to apply—merely a user.

Possessing a gun or ammunition as a user of illegal drugs is a felony. The maximum punishment in federal prison is ten years. Furthermore, it’s illegal “for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person . . . is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).” Succinctly, it’s illegal to sell or transfer a gun to someone you reasonably believe is an illegal drug user. What could give someone the reasonable belief that you’re an illegal drug user? A medical marijuana license! The Bureau of Alcohol, Tobacco, Firearms and Explosives stated in a 2011 letter that if a transferor knows that a potential transferee of a firearm possesses a card authorizing the possession and use of marijuana under state law, then the transferor has “reasonable cause to believe” that the person trying to get the firearm is an unlawful user of a controlled substance. The ATF further stated that “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.”

Knowingly transferring a firearm or ammunition to a user of illegal drugs is a felony. The maximum punishment in federal prison is ten years.

If you buy a gun, you have to fill out ATF Form 4473, Firearms Transaction Record. Question 11e asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” And right after that question, it has in bold print “Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” A gun seller may not legally sell a gun to anyone who checks “yes” to that question.

The bottom line is that you lose your gun rights if you use marijuana—whether it’s illegally or under a state-sanctioned medical marijuana program. Nobody may legally sell a gun or ammunition to someone they reasonably believe uses marijuana. Therefore, individuals seeking a medical marijuana license will have to weigh the risks and benefits of that course of action.

As more states legalize marijuana for both recreational and medicinal use, something clearly needs to give here. Oklahoma’s approval of medical marijuana has been called a tipping point in the legalization of marijuana, and more states will follow. For now, however, it’s a federal crime to own a gun and use marijuana, and it’s a federal crime to transfer a gun to a marijuana user. The federal government must remove the threat of violating a federal law from otherwise law-abiding citizens and remove marijuana from the list of controlled substances.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

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New Oklahoma Criminal Laws In 2017 – Summary

These are the significant Oklahoma criminal laws that went into effect in 2017:

  1. SQ 780 Makes Simple Possession Of All Drugs A Misdemeanor
  2. Illegal To Practice Massage Therapy Without A License
  3. Seduction & Slander Now Legal
  4. Presentence Investigation Changes
  5. Left Lane Only For Passing
  6. Minors Prohibited From Using Tanning Facilities
  7. Military 21 & Older Can Carry Handgun Without Permit
  8. Change To Statute Of Limitations For Child Sexual Abuse Victims
  9. Oklahoma Legislature Jacks Up More Fees On Defendants
  10. Domestic Abuse Victims Can Transfer Wireless Phone Numbers & Utilities
  11. All Rape By Instrumentation Is Now First Degree Rape
  12. Statute Of Limitations Change For Sexual Crimes Against Children
  13. Must Instruct Jury On Definition Of Consent In Sex Crime Cases
  14. Sex Offender Registration Requirements Change
  15. Charging State Subcontractors With Sex Crimes
  16. Harsher Punishment For Cop Killers
  17. Risk And Needs Assessment For Prisoners
  18. Marijuana Definition Changed
  19. New Drugs Added To Schedules
  20. Self-Defense Exception Added To Pointing A Weapon
  21. Handguns In Courthouses
  22. New Prohibited Areas For Carrying Handguns
  23. Military Gets Handgun License
  24. Motorcycle Concealed Carry
  25. Handgun Added To Definitions In Self-Defense and Firearms Acts
  26. Immunity For Business Owners For Weapons While In The Scope Of Employment
  27. Domestic Violence Court Program
  28. New Trespass & Damage To Critical Infrastructure Law
  29. Doesn’t Matter If You Don’t Know Human Trafficking Victim’s Age
  30. Misdemeanors Removed From DNA Fee
  31. Notification Of Crime Victims
  32. Victims Impact Panel Changes
  33. Destruction Of Obscene Material & Child Pornography
  34. Laws Outlawing Activities By Telephone Company & Message Carriers Repealed

This is likely the most comprehensive list of 2017 Oklahoma criminal laws around. I personally researched and wrote each post. I owe it to my clients to be knowledgeable on the changes in law. Writing this annual list is an opportunity to educate myself and the public. I welcome any feedback you have on this list or future updates to Oklahoma criminal laws.

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Laws Outlawing Activities By Telephone Company & Message Carriers Repealed – 2017 Oklahoma Laws #34

HB 1003 repealed seven laws. This included the prohibition against a telegraph company or employee transmitting any message to a person placing bets on a horse race. Six laws codifying the duties of message carriers were also repealed. The laws listed below were repealed on November 1, 2017

21 O.S. § 992 – Assisting Unlawful Business by Telegraph

Any telegraph company, its agent or employee that intentionally transmits or delivers any message to any pool room or person engaged in any manner in receiving, making or placing bets on any horse race, such company will be fined at least $500 and no more than 1,000 for each offense, and any agent or employee violating any of the provisions of this act will be fined at least $200 and no more than $500. The range of punishment in the county jail is 30-90 days. This law went into effect in 1913 and had not been amended since then.

13 O.S. § 171 – Delivery to Place or Person Intended

A carrier of messages for reward must deliver them at any place to which they are addressed, or to the persons for whom they are intended. This law went into effect in 1910 and had not been amended since then.

13 O.S. § 172 – Care and Diligence Required

A carrier of messages for reward must use great care and diligence in the transmission and delivery of messages. A carrier by telegraph must use the utmost diligence therein. This law went into effect in 1910 and was never amended.

13 O.S. § 173 – Telegraphs to be Transmitted Immediately – Order

A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable, and several messages accumulate upon his hands, he must transmit them in the following order:

  1. Messages from public agents of the United States, or of this state on public business.
  2. Messages intended in good faith for immediate publication in newspapers, and not for any secret use.
  3. Messages giving information relating to the sickness or death of any person.
  4. Other messages, in the order in which they were received.

This law went into effect in 1910 and was never amended.

13 O.S. § 174 -Messages Other than Telegraph – Order – Exception

A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the United States or of this state on public business, to which he must always give priority. But he may fix upon certain times for the simultaneous transmission of messages previously received. This law went into effect in 1910 and was never amended.

13 O.S. § 175 – Actual Damages for Refusal or Postponement of Message

Every person whose message is refused or postponed, contrary to the provisions of this article, is entitled to recover from the carrier his actual damages, and $50 in addition thereto. This law went into effect in 1910 and was never amended.

13 O.S. § 176 – Telegraph Companies Liable

All telegraph companies doing business in this state for hire shall be liable for damages to any person injured thereby for mental anguish or suffering, even in the absence of bodily injury, or pecuniary loss, for negligence in receiving, transmitting or delivering messages; and in all actions of this kind, the jury, or court may award such damages as they conclude resulted from the negligence of such telegraph company. This law went into effect in 1917 and was never amended.

Destruction Of Obscene Material & Child Pornography – 2017 Oklahoma Laws #33

The destruction of obscene material or child pornography upon final conviction has been extended to “any codefendant.” Previously, obscene material or child pornography had to be destroyed upon conviction of the accused. Now, it must be destroyed upon final conviction of the accused and any codefendant.

The magistrate or law enforcement must destroy the material. The district attorney must now consent to the destruction of that material. The material to be destroyed includes, but is not limited to, the destruction of any computer, hard drive, or other electronic storage media of the accused or codefendant on which such obscene material or child porn was located.

A “final conviction” includes the exhaustion of or failure to timely pursue post-conviction and state and federal habeas corpus review.

HB 1811 amended 21 O.S. § 1024.4. The law went into effect on November 1, 2017.

Sources: HB 1811 & 21 O.S. § 1024.4

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Victims Impact Panel Changes – 2017 Oklahoma Laws #32

oklahoma victims impact panelThis law changed the definition of “victims impact panel” in Oklahoma. It’s now a program conducted by a corporation registered with the Secretary of State in Oklahoma for the purpose of operating a victims impact panel program. The meeting must now include live presenters. In addition to discussing the operation of a vehicle while impaired, the discussion may now also include the operation of a motor vehicle using an electronic device. People who have committed the offense of driving while using an electronic device must now attend a victims impact panel. A certified assessment agency or certified assessor may now provide a victims impact panel so long as he assessment agency or certified assessor is granted an exemption by the Commissioner of the Department of Mental Health and Substance Abuse Services. The provider of the victims impact panel program must now annually provide the Administrative Office of the Courts various information. The minimum fee of $15 has been dropped.

What Is A Victims Impact Panel In Oklahoma?

“Victims impact panel program” in Oklahoma is a program conducted by a corporation registered with the Secretary of State in Oklahoma for the purpose of operating a victims impact panel program. The program must include live presentations from presenters who will share personal stories with participants about how alcohol, drug abuse, the operation of a motor vehicle while using an electronic communication device, or the illegal conduct of others has personally impacted the lives of the presenters. A victims impact panel program must be attended by people who have committed the offense of driving, operating or being in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substance, operating a motor vehicle while the ability of the person to operate such vehicle was impaired due to the consumption of alcohol or any other substance, or operating a motor vehicle while using an electronic device. Persons attending a victims impact panel program must pay no more than $60 to the provider of the program. A certificate of completion will be issued to the attendee upon satisfying the attendance and fee requirements of the victims impact panel program. The certificate of completion must contain the business identification number of the program provider. A victims impact panel program may not be provided by any certified assessment agency or certified assessor unless the assessment agency or certified assessor has been granted an exemption by the Commissioner of the Department of Mental Health and Substance Abuse Services. The provider of the victims impact panel program must carry general liability insurance and maintain an accurate accounting of all business transactions and funds received in relation to the victims impact panel program. The provider of the victims impact panel program must annually provide to the Administrative Office of the Courts the following:

  1. proof of registration with the Oklahoma Secretary of State,
  2. proof of general liability insurance,
  3. end-of-year financial statements prepared by a certified public accountant, and
  4. a copy of federal income tax returns filed with the Internal Revenue Service.

SB 252 amended 22 O.S. § 991a. The changes went into effect on November 1, 2017.

Sources: SB 25222 O.S. § 991a

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Notification Of Crime Victims – 2017 Oklahoma Laws #31

oklahoma crime victimThis law mandates various notification requirements for crime victims. The district attorneys and Department of Corrections must comply with these new requirements.

The district attorney’s office must inform crime victim that the have the right to use the automated notification system provided by the designated Oklahoma victim notification service provider for purposes of receiving information regarding the location of the defendant following an arrest, during a prosecution of the criminal case, during a sentence to probation or confinement, and when there is any release or escape of the defendant from confinement.

The Department of Corrections has to provide notice of the projected date of release of an inmate to the designated Oklahoma victim notification service provider within 60 days but not less than seven days prior to the projected date of release of the inmate.

Opinions of the Oklahoma Court of Criminal Appeals designated for official publication must be published on the Oklahoma State Courts Network (OSCN) website. The Oklahoma Court of Criminal Appeals is requested to provide notice of release of its opinion to all subscribers of record who have requested copies of opinions not less than two business days prior to publication of the opinion on the website. Notice to the parties will be made via electronic mail or on OSCN.

Prior to placement of any eligible inmate assigned to the Electronic Monitoring Program being placed in a community setting, the Department of Corrections must deliver a written notification to the sheriff and district attorney of the county and the chief law enforcement officer of any incorporated city or town in which the inmate is to be monitored and supervised under the program. The Department of Corrections must provide notice of the projected date of release of an inmate to the designated Oklahoma victim notification service provider within 60 days but not less than seven days prior to the projected date of release of the inmate.

HB 1680 amended 21 O.S. § 142A-2, 21 O.S. § 142A-13, & 57 O.S. § 510.9 and created 22 O.S. § 1071.1 & 57 O.S. § 360.1.

Sources: HB 1680, 21 O.S. § 142A-221 O.S. § 142A-13, 57 O.S. § 510.9, 22 O.S. § 1071.1, & 57 O.S. § 360.1.

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Misdemeanors Removed From DNA Fee – 2017 Oklahoma Laws #30

oklahoma dnaSomeone arrested in Oklahoma for unlawfully carrying a firearm, illegally transporting a firearm, or discharging a firearm no longer has to pay the $150 DNA fee, does not have to provide a DNA sample, and will not have their DNA information entered into CODIS. This fee won’t be collected if the person has a valid DNA sample in the OSBI DNA Offender Database at the time of sentencing. Additionally, individuals convicted of those crimes no longer have to provide a blood or saliva sample upon release from custody, nor do they have to provide a blood or saliva sample as a condition of their sentence.

Who must pay the DNA fee in Oklahoma?

In Oklahoma, a person convicted of a felony must pay the DNA fee. Anyone convicted of any of the following misdemeanor offenses must pay the DNA fee:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing 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.

Which misdemeanor convictions require submitting DNA to law enforcement in Oklahoma?

Individuals convicted of any of the following misdemeanors must submit to DNA testing for law enforcement purposes:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing 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.

Furthermore, or any alien unlawfully present under federal immigration law, upon arrest, mustsubmit to DNA testing for law enforcement identification purposes

Who does Oklahoma put in the CODIS DNA database?

The Combined DNA Index System (CODIS) Database exists 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;
  • Required to register pursuant to the Sex Offenders Registration Act;
  • Subject to the availability of funds, 18 years old or older arrested for the commission of a felony under the laws of Oklahoma or any other jurisdiction, upon being booked into a jail or detention facility. Provided, the DNA sample will not be analyzed and must be destroyed unless one of the following conditions has been met:
    • the arrest was made upon a valid felony arrest warrant,
    • the person has appeared before a judge or magistrate judge who made a finding that there was probable cause for the arrest, or
    • the person posted bond or was released prior to appearing before a judge or magistrate judge and then failed to appear for a scheduled hearing; and
  • Subject to the availability of funds, 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, escaping or attempting to escape, eluding a police officer, Peeping Tom, pointing 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. That information cannot be used for any other purpose.

Who has to provide a blood or saliva sample prior to release from custody in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample prior to release:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing 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.

This is subject to the availability of funds.

Who has to provide a blood or saliva sample as a condition of their sentence in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample as a condition of their sentence:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing 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.

This is subject to the availability of funds.

HB 1609 amended 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a. The change went into effect on November 1, 2017.

Sources: HB 1609, 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a.

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