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Legislative Update: Cold Case Review

For Informational Purposes Only – Not Legal Advice – Please Consult with Counsel

On November 1, 2026, Senate Bill 1636, codified at 21 O.S. § 146, will take effect. This new law provides for review of a cold case file upon written application by designated persons. Read on for pertinent details.

  • Designated persons may apply for case file review by a law enforcement agency.
    • “Designated persons” are defined as immediate family members or similar individuals as determined by the law enforcement agency reviewing a case file, and
    • “Immediate family members” are defined as a
      • Spouse,
      • Child by birth or adoption,
      • Stepchild,
      • Parent by birth or adoption,
      • Stepparent,
      • Grandparent,
      • Grandchild,
      • Sibling, or
      • Stepsibling
        Of a victim.
    • “Law enforcement agency” is defined as “any department or agency of the state, a county, a municipality, or a political subdivision thereof, with the duties to maintain public order, make arrests, and enforce the criminal laws of this state or municipal ordinance and that employs” CLEET-certified personnel.

  • A fresh set of eyes, i.e. a person or persons who has not previously investigated the cold case being reviewed.

  • A designated person may request a case file review of a cold case.
    • A “cold case” is defined as a violent crime pursuant to 57 O.S. § 571 for which all probative investigative leads have been exhausted and for which no likely perpetrator has been identified.

  • Analysis or follow up of the investigative steps,
  • Assessment of whether witnesses should be (re)interviewed,
  • A review of physical evidence to determine if all appropriate testing and analyses were performed or if additional testing might produce relevant information, and
  • Modernization of the file to the extent modernization would develop probative leads.

  • Thirty (30) days: The law enforcement agency must confirm receipt of the request within thirty (30) days of receipt of the written application.
  • Six (6) months: The law enforcement agency must determine whether further investigation is warranted within six (6) months of written application receipt.
    • This period may be extended for a period of “up to six (6) months at a time” if the law enforcement agency determines that the number of case file reviews makes the timeline impracticable AND the law enforcement agency provides written notice and an explanation of the reason for the extended time frame to the designated person who made the written application.
  • Periodic Update: The law enforcement agency must provide period updates during the case file review.
  • Meeting to Discuss Findings: The law enforcement agency must meet with the designated person to discuss its findings regarding whether further investigation is warranted.

  • Five (5) Years:
    • If a law enforcement agency concludes no further investigation is warranted, no additional review may be requested for at least five (5) years, unless new evidence that is materially significant is discovered.
    • If a suspect is not identified after further investigation, no additional review shall be undertaken for at least five (5) years. 

Disclaimer: All contents, news, commentary, and updates provided by OSBI Legal Division are offered for general informational and educational purposes only. The information may not reflect the most current legal developments and is not guaranteed to be correct, complete, or up-to-date. The information contained herein does not constitute legal advice, nor is it a substitute for tailored legal counsel. You should not act, or refrain from acting, based upon any information or insights provided herein without first seeking legal counsel. Neither your receipt or review of this information nor your interaction with this content creates an attorney-client relationship between you, OSBI, OSBI Legal Division, and/or the State of Oklahoma. 

Last Modified on Oct 19, 2026
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