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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