The Urbanic Law Firm

Misdemeanors Removed From DNA Fee – 2017 Oklahoma Laws #30

Someone 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:

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:

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:

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:

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:

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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