1| SENATE FLOOR VERSION | | February 13, 2017 | 2| AS AMENDED | | | 3|SENATE BILL NO. 392 By: Loveless | | | 4| | | | 5| | | | 6| [ school employees - new job - exceptions - due | | process - codification -
effective date- emergency] | 7| | | | 8| | | | 9| | | | 10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 11| SECTION 1. NEW LAW A new section of law to be codified | | | 12|in the Oklahoma Statutes as Section 6-101.33 of Title 70, unless | | | 13|there is created a duplication in numbering, reads as follows: | | | 14| A. A school district employee shall be prohibited from | | | 15|assisting another school district employee in obtaining a new job in | | | 16|another school district within the State of Oklahoma if the employee | | | 17|knows or has reason to believe that the employee seeking a new job | | | 18|engaged in behavior that would form the basis for criminal charges | | | 19|as provided for in Section 843.5 of Title 21 of the Oklahoma | | | 20|Statutes if the offense involved sexual abuse or sexual exploitation | | | 21|as those terms are defined in Section 1-1-105 of Title 10A of the | | | 22|Oklahoma Statutes; Sections 741, 843.1, if the offense included | | | 23|sexual abuse or sexual exploitation; 865 et seq., 885, 888, 891, | | | 24| | | | arsid16019218 SENATE FLOOR VERSION - SB392 SFLR Page 1 ___________________________________________________________________________
1|1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of | | | 2|Title 21 of the Oklahoma Statutes. | | | 3| B. The prohibition in subsection A of this section shall not | | | 4|apply if: | | | 5| 1. The school district employee is engaged in the routine | | | 6|transmission of administrative or personnel files; | | | 7| 2. a. the behavior described in subsection A of this | | | 8| section has been reported to a law enforcement agency | | | 9| with jurisdiction over the alleged behavior, and | | | 10| b. the matter has been officially closed or the district | | | 11| attorney or law enforcement agency with jurisdiction | | | 12| over the alleged behavior has investigated the | | | 13| allegations and notified the employing school district | | | 14| that there is insufficient information to establish | | | 15| probable cause that the school district employee | | | 16| engaged in behavior described in subsection A of this | | | 17| section; | | | 18| 3. The school district employee has been charged with and | | | 19|acquitted or otherwise exonerated of the alleged behavior described | | | 20|in subsection A of this section; or | | | 21| 4. The case or investigation remains open and there have been | | | 22|no charges filed against the school district employee and no | | | 23|indictment of the school district employee within four (4) years of | | | 24| | | | arsid16019218 SENATE FLOOR VERSION - SB392 SFLR Page 2 ___________________________________________________________________________
1|the date on which the behavior was reported to a law enforcement | | | 2|agency. | | | 3| C. In the event that loss of employment occurs as a result of | | | 4|the commission of acts prohibited by this section, a school employee | | | 5|shall be entitled to due process as provided for by Sections | | | 6|6-101.13, 6-101.26 and 6-101.46 of Title 70 of the Oklahoma | | | 7|Statutes. | | | 8|© 2010-18 eCapitol, LLC. ALL RIGHTS RESERVED.
SECTION2 . This act shall become effective July 1, 2017.| | | 9| SECTION3 . It being immediately necessary for the preservation| | | 10| of the public peace, health and safety, an emergency is hereby| | | 11| declared to exist, by reason whereof this act shall take effect and| | | 12| be in full force from and after its passage and approval. | | | 13| COMMITTEE REPORT BY: COMMITTEE ON EDUCATION | |February 13, 2017 - DO PASS AS AMENDED | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid16019218 SENATE FLOOR VERSION - SB392 SFLR Page 3
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