Joint study examines Methods of Dealing with Continued Delays in Chain of Custody, Testing of Sexual Assault Kits, Storage of Non-Reported Kits
OKLAHOMA CITY – Representatives Melissa Provenzano, D-Tulsa, and Cynthia Roe, R-Lindsay, along with Senators Carri Hicks, D-Oklahoma City, and Julie McIntosh, R-Porter, held a joint interim study in the House Public Health Committee on Thursday. The study looked at ways to circumvent delays in chain of custody and the testing of sexual assault kits, identify cracks in the testing system, possible timeline changes, and the best way to store non-reported kits, or kits in which the victims do not wish to press charges.
“Today, we heard from law enforcement professionals and experts that identified areas of improvement and solutions the legislature can take to reduce the turnaround time for forensic testing of sexual assault kits and to more quickly work toward the justice all Oklahomans deserve,” Provenzano said. “Oklahoma is 3rd in the nation for reported rape cases. Two-thirds of assaults go unreported to law enforcement. We can and must take the next step in our efforts to expedite the journey towards justice for the victims. They deserve it.”
Danielle Tudor, Special Designee of the Office of the Attorney General, gave a presentation showing the need for reforms in sexual assault kit collection and turn around time. Oklahoma currently ranks third in the nation for rates of sexual assault.
“Too many Oklahomans have waited far too long for justice, yet for years more than 9,000 sexual assault kits sat untested across Oklahoma. That failure cannot happen again,” said Hicks, who is an appointed member of the state’s SAFE Board. “As we near the end of clearing this backlog, we must turn lessons learned into bold action by establishing clear timelines, strengthening accountability, and ensuring every survivor has a path to swift justice.”
Mistie Burris, Criminalistics Administrator of the Oklahoma State Bureau of Investigation says OSBI is currently tracking over two thousand kits. Burris suggested a shorter timeline for sexual assault kit collection. Currently, it takes an average of 7.47 days to collect a sexual assault kit. Burris proposed shortening that timeline to two days.
OSBI reports that since the statute changed in 2019 to require submission of all reported kits, submissions tripled.
"As a health care professional, I know how important it is that survivors receive compassionate care and that the evidence collected is handled properly, and as a lawmaker, I also know how important it is that the system works as intended once a kit has been collected," Roe said. "No kit should be lost, left behind or delayed unnecessarily. This study helped my colleagues and I identify gaps in the chain of custody, discuss how to improve testing timelines and consider responsible procedures for storing kits when a survivor is not yet ready to report. Survivors deserve a system they can trust at every level of this process."
The Tulsa Police Department also presented at the study and showed similar reports of a backlog in sexual assault kits since the statute change in 2019. In 2018, the department reports having 167 sexual assault DNA testing requests, whereas in 2025, that number rose to 365 sexual assaults. To help the backlog, TPD requested state funding for outsourcing sexual assault kits to a vendor laboratory with an estimated fiscal impact of $400K.
The Oklahoma City Police Department recommended to members at the study that they establish a 180-day timeline for reported sexual assault kits, define the requirement around the kit, preserve forensic discretion by allowing experts to determine what additional tests, if any, are needed, and monitor capacity and outcomes so we can continue working toward the most effective and efficient methods of sexual assault kit testing.
“Every sexual assault evidence kit left waiting on a shelf represents a person who is waiting for justice," said McIntosh. "This interim study allowed us to better understand where we are in dealing with the backlog in testing and how we can support the people working to solve these cases to get access to DNA evidence more quickly. Though our state has made progress, there is more to be done to help survivors and law enforcement get the answers they need to bring justice and closure. Oklahoma can lead the way in swift, effective, and accurate evidence collection and testing."
The entire study can be viewed on the Oklahoma House of Representatives Website.
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