Senator Burns Files Legislation to Strengthen Timelines and Accountability for Sexual Assault Evidence Kits

OKLAHOMA CITY – Sen. Burns filed legislation Tuesday to update Oklahoma law governing the submission, testing, and long-term retention of sexual assault evidence kits, with the goal of ensuring evidence is handled promptly, consistently, and with clear accountability across the system.

The measure updates existing statute to require that sexual assault evidence kits be submitted to an accredited crime laboratory within 10 days of receipt by law enforcement when a report is made, unless the victim requests otherwise. It also establishes clearer timelines for testing once a kit is received by a laboratory and updates outdated statutory language to reflect current practices.

“Survivors deserve a system that treats their evidence with urgency, care, and consistency,” Burns said. “This bill is about strengthening timelines, improving clarity in the law, and making sure responsibility is clearly defined at every step — from collection to testing to long-term retention.”

Under the legislation, accredited crime laboratories would be required to process sexual assault evidence kits collected on or after the bill’s effective date within 30 days of receipt. The bill also reinforces victim choice by maintaining existing provisions allowing survivors to delay testing while preserving their right to request testing at any future time.

In addition, the measure clarifies responsibilities for law enforcement agencies regarding the storage and maintenance of untested kits and authorizes the Oklahoma State Bureau of Investigation to inquire about the location and condition of kits that have not been submitted within required deadlines.

The bill also updates retention requirements, ensuring that collected sexual assault evidence kits are securely preserved for at least 50 years or for the length of the statute of limitations for the alleged crime, whichever is longer.

“This legislation builds on work Oklahoma has already done while addressing gaps that can lead to delays or uncertainty,” Burns said. “Clear standards and timelines matter — for investigations, for public trust, and most importantly, for survivors.”

The bill will now enter the committee process as part of the 2026 legislative session.

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