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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 375. Oklahoma State Bureau of Investigation |
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Chapter 30. Oklahoma State Bureau of Investigation Laboratory |
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Subchapter 11. General Rules for Submission of Evidence |
SECTION 375:30-11-7. Disposition of evidence
Latest version.
- (a) Evidence required for trial in the prosecution of a crime may be released to the prosecutor or the courts.(b) Any alleged controlled dangerous substance submitted to an OSBI Laboratory for analysis shall not be released to any person or laboratory other than the original requesting agency or requesting officer absent an order of a district court if analysis of the submitted material reveals it is a controlled dangerous substance, the distribution of which constitutes a felony under the laws of Oklahoma.(1) All controlled dangerous substances which have been manufactured, distributed, dispensed, acquired, concealed or possessed in violation of the Uniform Controlled Dangerous Substance Act and seized or surrendered pursuant to the provisions of that Act shall be destroyed by or at the direction of the OSBI Criminalistic Division Director or his designee in compliance with 63 O.S., Sec. 2-508.(A) The OSBI may, at its discretion, prior to such destruction, preserve samples of such substances for testing.(B) Any such property submitted to the OSBI which the Director or the OSBI Criminalistic Services Director deems to be of use for investigative, training, educational, or analytical purposes may be retained in lieu of destruction.(2) All raw materials, products or equipment of any kind and all drug paraphernalia as defined by the Uniform Controlled Substances Act, which are used or intended for use in the manufacturing, compounding, processing, delivering, importing or exporting, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Act seized or surrendered pursuant to the provisions of that Act shall be destroyed by or at the direction of the OSBI Criminalistic Division Director or his designee.(A) The OSBI may, at its discretion, prior to such destruction, preserve samples of such substances for testing.(B) Any such property submitted to the OSBI which the Director or the OSBI Criminalistic Services Division Director deems to be of use for investigative, training, educational, or analytical purposes may be retained in lieu of destruction.(c) The OSBI Laboratory will not store completed drug case evidence for the original requesting agency. Evidence will be returned to the original requesting agency if authorization for destruction is not received from the original requesting agency. Exceptions to this policy may only be granted by the OSBI Criminalistic Services Division Director or their designee.(d) All firearms test fire bullets and/or casings may be maintained by the OSBI Laboratory, in accordance with OSBI policy.(e) Disposition of toxicology evidence shall be handled in accordance with 47 O.S., Section 759.(f) Latent prints submitted to, or developed by, the OSBI Laboratory, and ten-print and major case fingerprint impressions, may be retained by the OSBI Laboratory .(g) Derivative samples of biological evidence (i.e., stains, slides, cuttings) may be retained by the OSBI Laboratory.(h) All other evidence received by the OSBI Laboratory, not specifically addressed in these administrative rules, will be returned to the original requesting agency or requesting officer after completion of analysis or testing and issuance of the Criminalistic Examination Report.(1) Such evidence will generally be returned in person, but may be returned by certified mail with return receipt requested.(2) Upon release of evidence to an original requesting agency or requesting officer, or other agency authorized by these rules, or evidence released for any other purpose, the individual receiving such evidence shall legibly sign and date an Evidence Release Form.(A) The Evidence Release Form shall also be legibly signed and dated by the OSBI employee releasing the evidence.(B) The Evidence Release Form shall be completed in accordance with OSBI policy and procedure.(i) Evidence submitted to an OSBI laboratory for analysis will not be released to private citizens except by court order, or, under extraordinary circumstances, upon the written approval of the OSBI Criminalistic Services Division Director.