Legislative Alert

Domestic Violence and Abuse
Tuesday, November 16, 2010

HB1022Paraphrase:recreates the Domestic Violence and Sexual Assault Advisory Council until July 1, 2013. It deletes language calling for the members of the council to remain on the council until the expiration date.
 Principal Authors:John A. Wright (H), Cliff Aldridge (S)
 Effective Date:08/26/2009Emergency:No
 Status Date:04/13/2009Current Status:Governor Action - Signed
HB1023Paraphrase:recreates until July 1, 2013, the State Board of Cosmetology, State Barber Advisory Board, Oklahoma Real Estate Commission, State Board of Examiners of Psychologists, Scenic Rivers Commission, Domestic Violence and Sexual Assault Advisory Council, State Board of Medical Licensure and Supervision and the Oklahoma Partnership for School Readiness Board. It also adds the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board to the list of entities to be recreated until July 1, 2010.
 Principal Authors:John A. Wright (H), Cliff Aldridge (S)
 Effective Date:08/26/2009Emergency:No
 Status Date:04/13/2009Current Status:Governor Action - Signed
HB1306Paraphrase:directs municipal employees to complete a basic police courses offered by the Council on Law Enforcement Education and Training, if required by the municipality for code enforcement.
 Principal Authors:Ken Luttrell (H), Harry Coates (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:03/11/2010Current Status:Failed Deadline
HB1353Paraphrase:creates the Compassionate Assistance for Rape Emergencies (CARE) Act, directing the Department of Health or a contracted designee, in collaboration with community sexual assault programs and other relevant persons, to produce informational materials relating to emergency contraception for the prevention of pregnancy. It requires the materials to be used and distributed in all hospitals and health care facilities that provide medical care to rape victims. The bill establishes a standard of care for hospitals and facilities that provide medical care to rape victims that includes providing rape victims with medically and factually accurate and objective written and oral information about emergency contraception, informing the victim of her option to be provided emergency contraception and providing the complete regimen of emergency contraception to victims who request it. It directs the Department of Health to investigate complaints of noncompliance with the act and periodically visit hospitals to monitor compliance. The measure establishes a $5,000 administrative fine for incidences of noncompliance.
 Principal Authors:Jeannie McDaniel (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1384Paraphrase:modifies what constitutes "good cause" under the Employee Security Act of 1980 to include if a claimant moved to a new location with a spouse that is a member of the U.S. military, military reserve or National Guard; is on active duty within 90 days of the date of discharge; is discharged under honorable conditions; and takes up residence more than 50 miles away from the employer. The measure also relieves employers from a benefit wage charge includes wages paid to individuals who left employment to move with their spouse who was honorably discharged or was arrested by law enforcement and held, detained or incarcerated and found guilty or pleads nolo contendere to the charges against him/her. It authorizes the Employment Security Commission to release information to employees of the Southwestern Oklahoma State University School of Business under an agreement between the school and the commission but prohibits disclosure to the public. It also allows the disclosure of information to any financial institution the commission contracts with to provide debit cards or conduct automatic or electronic fund deposits to pay unemployment benefits.
 Principal Authors:Randy McDaniel (H), Debbe Leftwich (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:03/11/2010Current Status:Failed Deadline
HB1519Paraphrase:changes the Perspective Services for Vulnerable Adults Act to the Perspective Services for Vulnerable Persons Act and broadens sections and definitions of what constitutes a vulnerable person and what constitutes abuse, neglect or other mistreatment of that person. The bill also creates a criminal statute for anyone investigating a claim under the act who violates the act.
 Principal Authors:Scott Inman (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1595Paraphrase:prohibits a person from knowingly or recklessly performing an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the unborn child's gender. The bill allows for liability litigation to be pursued for violation of the statute, including litigation rights for the women receiving the abortion, and it creates monetary penalties for violation of any injunction issued against an abortion provider in relation to the act. The bill also creates the "Statistical Reporting of Abortion Act," which directs the State Department of Health to post on its Web site an Individual Abortion Form and a Complications of Induced Abortion Report. Those forms must be filled out and submitted by certain times to the Department of Health in all instances of abortion and when an abortion is aborted following a parent receiving information required to be provided before an abortion can be performed. The bill directs the Department of Health to release an Annual Abortion Report by June 1 of each year on its Web site. The bill repeals the current form required to be filled out by attendants performing an abortion. It also allows the Legislature, by joint resolution, to appoint one or more of its members who sponsored or cosponsored the bill to intervene in any case that challenges the constitutionality of the law. It also adds language stating that if one portion of the bill is found unconstitutional, that portion is declared severable, and the balance of the act remains in effect. The bill staggers the implementation dates of parts of the Statistical Reporting of Abortion Act.
 Principal Authors:Daniel Sullivan (H), Todd Lamb (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/21/2009Current Status:Governor Action - Signed
HB1624Paraphrase:makes it illegal to sell, give or transmit a firearm to a person who is subject to a protective order in Oklahoma, as well as any person who has been convicted of a misdemeanor crime of domestic violence. The bill also requires all state, county, city and town law enforcement agencies to submit a monthly report to the Office of the Attorney General containing the number and nature of domestic violence offenses within their jurisdictions. The bill directs the Attorney General to develop a standard reporting system.
 Principal Authors:Anastasia Pittman (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1626Paraphrase:removes requirement of the district attorney's approval from access to drug courts and designates drug court teams as deciding bodies.
 Principal Authors:Anastasia Pittman (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1627Paraphrase:requires nursing home facilities to report certain serious incidents to law enforcement immediately upon discovery.
 Principal Authors:Anastasia Pittman (H), Brian Crain (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:03/31/2010Current Status:Failed Deadline
HB1676Paraphrase:transfers the Criminal Justice Resource Center from the Legislative Service Bureau to the Oklahoma State Bureau of Investigation and the Office of the Attorney General effective July 1, 2009. It transfers functions related to administration and research to a newly created Office of Criminal Justice Statistics within the Information Services Division of OSBI, the functions related to data processing and information technology to the Information Technology Systems Division of OSBI and the functions related to the Domestic Violence Fatality Review Board to the Office of the Attorney General. The bill allows OSBI to charge a reasonable user fee for criminal justice agencies that participate in the Offender Data Information System, with such funds being deposited in the OSBI Revolving Fund. The bill also updates previous references to the Criminal Justice Resource Center. It also reduces from 18 to 17 the membership of the Domestic Violence Fatality Review Board. The measure also repeals language recreating the Oklahoma Council on Violence Prevention. In the Senate, the bill was amended to repeal statutes related to the Oklahoma Sentencing Commission. Specifically, it repeals language related to the members and terms of the commission and language related to the recreation of the Oklahoma Council on Violence Prevention.
 Principal Authors:Pat Ownbey (H), Glenn Coffee (S)
 Effective Date:08/26/2009Emergency:No
 Status Date:05/12/2009Current Status:Governor Action - Signed
HB1692Paraphrase:creates the Abortion Review Act.
 Principal Authors:Lisa J. Billy (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1739Paraphrase:stipulates that in any proceeding of custody over a minor child a determination by the court that one party is guilty of domestic violence, stalking or harassment shall mean that any type of custody by that party is not in the child's best interest. The bill sets directives for courts regarding visitation in such instances and the ability to suspend visitation rights. The bill also states that in a dissolution of marriage or separate maintenance or custody proceeding, a victim of domestic violence or stalking shall be entitled to reasonable attorney fees and costs after the filing of a petition, upon application and a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse.
 Principal Authors:Ron Peters (H), Patrick Anderson (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/26/2009Current Status:Governor Action - Signed
HB1836Paraphrase:modifies penalties for domestic abuse against pregnant women with knowledge of the pregnancy, making such an act a felony, punishable by imprisonment with the Department of Corrections for two to 10 years. It also adjusts penalties for domestic abuse that results in great bodily injury, requiring a sentence of at least 10 years.
 Principal Authors:Rebecca Hamilton (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1839Paraphrase:creates the Victims Economic Security and Safety Act, allowing an employee who is a victim of domestic or sexual violence or is a pregnant woman to take an unpaid leave from work to address domestic or sexual violence. It allows an employee to take up to three workweeks of leave during any 12-month period. The bill makes it unlawful for any employer to interfere with, restrain, deny, discharge or harass an individual who exercises their right to take the unpaid leave.
 Principal Authors:Rebecca Hamilton (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB1892Paraphrase:modifies the definition of "strangulation" to include a form of asphyxia characterized by the closure of the nostrils or mouth as a result of external pressure on the head.
 Principal Authors:Pam Peterson (H), Glenn Coffee (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/22/2009Current Status:Governor Action - Signed
HB2028Paraphrase:modifies language related to child support, stating that a stepparent is not required to maintain his or her spouse's children from a prior relationship. It removes language related to legislative intent for placing a child with a family member and directs a court to award custody or guardianship of a child to a parent, unless a nonparent proves by clear and convincing evidence that the parent willfully failed, refused or neglected to contribute to the child's support or the child has been left in the physical custody of a nonparent for one year or more, excluding parents on active duty, and the parent has not maintained regular visitation or communication with the child. It establishes that incidental or token financial contributions shall not be considered in determination of whether a parent has satisfied his/her obligations or in a determination of whether a parent or parents have regularly maintained visitation or communication. It creates a rebuttable presumption that a parent is affirmatively unfit under certain conditions. The bill modifies language related to modifications to custody determinations. It removes language making the Indigent Defense System responsible for cases of indigent children. It directs the Supreme Court to establish by rule education and training requirements for judges, which are to include juvenile law, child abuse and neglect, foster care and out-of-home placement, domestic violence, behavioral health treatment and similar topics. It requires judges with juvenile docket responsibility to attend at least 12 hours of training per calendar year. It requires district attorneys, assistant district attorneys, public defenders, assistant public defenders, attorneys employed by or under contract with the Oklahoma Indigent Defense System, court-appointed or retained attorneys or attorneys employed by or under contract with a district court whose duties include juvenile docket responsibility to complete at least six hours of education and training annually in courses related to such topics. It directs each judicial district to develop and administer procedures and rules regarding such courses with the chief judge or designee judge ensuring the mandate is carried out within one year. The measure states legislative intent that the Children's Code provides the foundation and process for state intervention into the parent-child relationship when circumstances of a family threaten the safety of a child and to properly balance the interests of the parties. The bill directs a district court to obtain jurisdiction over any child who is or is alleged to be deprived, allowing the court to issue any temporary order or grant any interlocutory relief and staying all other action pending or thereafter commenced that concerns custody, support or visitation. It grants a judge presiding over a deprived action the authority to make a final determination in the matter and preside over any separate action necessary to finalize a child's court-approved permanency plan, including adoption, guardianship or other custody proceeding. It defines a venue of deprived allegation to be the county where the child is found or resides, where alleged acts occurred or where a parent or sibling has a deprived action pending. It prohibits dismissal of deprived action if filed in the wrong venue and directs transfer to the proper venue unless venue is waived. It authorizes most transfers of deprived action from a county outside a child's residence to the county of residence at any stage in proceedings after the petition is filed. It prohibits transfer of a deprived action if a petition or motion to terminate parental rights has been filed until the conclusion of the termination proceeding. It directs the deprived action be transferred to a county where proceedings are pending concerning custody of siblings. It permits the transfer of a case to a venue where the evidence or witnesses are located when the interests of justice or convenience of the parties require and permits, following adjudication, the receiving court to transfer the case back to the county of the child's legal residence. It defines the residence of a child and custodial order when none is present. It permits the court to request the transfer of a case to a county where a child resides provided prior to transfer the court contacts the judge in the other venue to confirm acceptance of the transfer. The bill directs a transfer order and certified copies of all documents of record be transmitted to the receiving court with names and addresses of all parties entitled to notice of any further proceedings upon receipt of written confirmation of transfer acceptance. It directs the receiving court upon case transfer to set a hearing date not more than 30 days following the date the venue change occurred. It directs a court to refer allegations of abuse or neglect to the Department of Human Services for assessment or investigation. It directs appointment of a guardian ad litem of the estate of a child when the child is in the emergency or temporary custody of DHS. When a child is in the permanent legal custody of DHS, the bill requires the director to serve as legal guardian until an attorney guardian ad litem is appointed. It stipulates circumstances under which DHS is responsible for further investigation after making a referral to law enforcement. The bill allows a child to be taken into custody prior to the filing of a petition by a peace officer if he/she suspects that the child is in need of immediate protection due to abuse or neglect or the circumstances or surroundings of the child's home or care would present imminent danger. The measure sets forth criteria that must be met for a court to enter an emergency custody order removing a child from his/her home. It grants immunity from civil or criminal liability to any peace officer, court employee, DHS employee, court-appointed special advocate or other person acting under the direction of the court who in good faith transports a child. It allows a parent or person responsible for a child who is arrested on a charge or warrant other than child abuse or neglect or child endangerment to designate another person to take physical custody of a child. It grants immunity from civil or criminal liability to physicians or health care providers acting pursuant to consent or court-ordered authorizing treatment. It modifies required contents for a petition in a proceeding alleging a child to be deprived and directs the court to liberally allow amendments to add or modify factual allegations up until seven days prior to the hearing. It sets forth guidelines for a court summons pursuant to a petition. It allows service of summons to be made by personal delivery, by mail or by publication and requires the court to hold the adjudication hearing more than 48 hours after the service of summons or if the summons is not served within the state, the adjudication hearing must be held more than five days after the summons is mailed. It allows proceedings held pursuant to the Oklahoma Children's Code to be conducted via teleconference. The measure sets forth guidelines for proceedings in which a child age 12 or younger is alleged to be deprived and provides a statement or testimony. The bill establishes circumstances when efforts to remove a child from home or to reunify a child with family are not required. It sets forth exceptions allowing a district attorney to not file a petition for a deprived child. It directs DHS or licensed child-placing agency to prepare and maintain a written individualized service plan for any child that has been adjudicated a deprived child, which must be furnished to the court and made available to counsel, any applicable tribe or the licensed child-placing agency having custody or responsibility for the child. It allows an evidentiary hearing to be held if any part of the plan is disputed. The bill directs a court to determine an initial permanency plan for the child and if aggravated circumstances exist and whether reunification services are appropriate for a child and his/her family. The bill directs the court to determine if reunification is indicated and if efforts are being made to place the child in accord with the concurrent permanency plan. It directs the court to order a trial home reunification by returning the child to the care of a parent or legal guardian from whom the child was removed for a maximum of six months and directs DHS to monitor the reunification. It directs the court to re-evaluate the status of the child every 90 days when DHS has documented a compelling reason why a petition to terminate parental rights to a child is not in the best interests of the child. The bill expands the information to be included in a DHS report on the child. It directs a court to conduct a permanency hearing to determine the appropriate permanency goal for a child and order completion of all steps necessary to finalize the permanent plan. When a child has been in out-of-home care for 12 months or more, the bill allows the court to require that DHS facilitate a meeting within 30 days of a permanency hearing to discuss recommendations regarding the child's permanency plan that will be reported to and reviewed by the court. The bill prescribes ongoing contact with siblings and other family members for children who have been placed for adoption. It modifies language related to postadoption agreements. The bill prescribes guidelines for persons, institutions or agencies other than DHS that receive custody of a child under a court order. The measure allows judges in counties with a population of 80,000 or more and where funding is available to appoint a suitable person to act as referee on a full-time or part-time basis. It sets forth guidelines concerning child support. It modifies language related to DHS rules governing facilities where children may be placed. It establishes requirements for foster care payment under Title IV-E of the Social Security Act. It directs that DHS safety analysis records be produced in a child custody or visitation case when a parent, legal guardian or child who is the subject of the record obtains a court order directing their production. It provides averments required for inclusion in a motion for production of safety records. It identifies elements of the safety analysis records that may be redacted or omitted and directions to protect confidentiality and provides exemptions. It provides for dismissal of a confidential records request and for judicial review. The bill authorizes entities compelled to provide confidential records to require payment of fees, including a research fee not exceeding $20 per hour and a copy fee not exceeding 50 cents per page and $5 per copy of each video tape or disk and provides for exceptions. The bill provides a list of persons who may inspect juvenile court records without a court order. It prohibits a court from terminating the rights of a child unless the child has been adjudicated to be deprived either prior to or concurrently with a proceeding to terminate parental rights and termination of parental rights is in the best interests of the child. It prescribes legal grounds for termination of parental rights. The measure modifies language related to reports of child abuse or neglect. It directs physicians or surgeons making reports of abuse or neglect to provide copies of the results of examinations on the child or any other notes, X-rays or records relevant to the case and it allows DHS to request, without a court order, copies of all prior medical records. It modifies language related to disclosure of confidential records or information by DHS pursuant to a law or court order. It modifies language related to foster placement. The bill requires DHS or child-placing agency to visit each foster care child a minimum of one time per month, with no less than two visits per quarter in the foster placement. The bill requires a child-placing agency to conduct an assessment of a child in its custody designed to establish an appropriate plan for placement upon any voluntary out-of-home placement of a child by a parent into foster care with an agency. The bill authorizes the attorney general, the district attorney of the appropriate district and any other law enforcement official having jurisdiction to bring civil actions against any person, officer or department, board, commission or other entity to enforce the provisions of the Oklahoma Children's Code or any law protecting or applying to a child removed from parental custody by order of the court. It allows a peace officer, court employee or court to authorize emergency medical treatment of a child as necessary. If the child is placed in DHS custody, the bill grants DHS the authority to consent to routine and ordinary medical care and treatment. It prohibits DHS from consenting to a child's abortion, sterilization, termination of life support or a "do not resuscitate" order. It requires consent of a parent or legal guardian for extraordinary medical care and treatment unless treatment is related to the abuse or neglect or the parent or legal guardian is unavailable or refuses to consent to such care. It requires a court to conduct an emergency custody hearing within two judicial days following the child being taken into protective or emergency custody. It states that when awarding custody or determining placement of a child, preference is to be given to relatives and persons who have a kinship with the child and directs every attempt be made to place siblings in the same home. It provides criteria for determination of the appropriate custodian or placement for a child. It provides directives for identification of and placement with relatives and identifies information required of and provided to them. The bill directs the district attorney's office and DHS to maintain records concerning a child in protective custody who is released prior to the emergency custody hearing. It provides directive for filing petitions for a deprived child. It allows a court to enter an order restraining an alleged perpetrator of physical or sexual abuse from having contact with the child at an emergency custody hearing or when a petition has been filed alleging abuse. It provides directives for issuance of restraining orders. It prescribes cases in which the Oklahoma Discovery Code and the Rules for District Courts of Oklahoma apply to juvenile proceedings. It authorizes the court to order or involved parties to voluntarily participate in an alternative dispute resolution process. It provides for application for use immunity for testimony, records, documents, other physical objects and statements during a court-ordered psychological evaluation or treatment program. It directs the court to hold an adjudication hearing not more than 90 days after filing of a petition alleging that a child is deprived and providing not less than 20 days' notice prior to the hearing to the child and child's parents, guardian or other legal custodian and provides for release of the child and expiration of an emergency custody order. It directs the court to determine a child to be deprived based on sworn testimony in a nonjury trial. It provides the kinds of dispositional orders that may be made in accordance with the best interests of the child and the elements required for inclusion in the dispositional orders. It requires dispositional orders to show reasonable efforts have been made to provide for the safe return of the child to his/her home and provides exceptions. The bill allows a court to order counseling and treatment for a child and his/her parents in cases where the child has been adjudicated to be deprived due to repeated absence from school. It allows a court to establish a permanent guardianship between a child and a relative or other adult if guardianship is in the child's best interests and if certain conditions are met. It directs the district attorney or child's attorney to file a motion for permanent guardianship with the juvenile court. It also allows the court to place the child in the legal custody of DHS and to determine whether adoption is in the best interests of the child. It provides for the modification or termination of a permanent guardianship. It authorizes the district attorney or child's attorney to give verbal notice to the court of an objection to the order of the court and an intention to seek review of that order. It authorizes the court to place the child in the custody of DHS and gives authority to approve or disapprove specific placement of a child, but it does not grant authority to order specific placement. The bill authorizes the court, when DHS determines adoption to be in the best interest of a child, to order the district attorney to show cause why it should not file a petition or motion to terminate a parent-child legal relationship. It authorizes the court, upon termination of parental rights and a child's placement with an individual or agency or DHS, to grant authority to the entity to consent to adoption of the child. It provides for failure of parental rights termination. It authorizes a child to apply for reinstatement of previously terminated parental rights of his/her parents under certain circumstances and provides conditions and is retroactive. It exempts the district attorney, DHS and DHS employees from liability for civil damages resulting from any act or omission in providing services unless the act or omission constitutes gross negligence. It charges DHS and the Office of Juvenile Affairs with responsibility for the completion of and costs of the foster parent eligibility assessment and any national criminal history records search. It requires any court-appointed special advocate (CASA) available for appointment to complete education and training courses in juvenile law, child abuse and neglect and other issues relating to children, including but not limited to risk factors that identify domestic abuse and potential violence and the relationship between alcohol or drug abuse and violence, safe visitation and supervised visitation arrangements and standards for a child and parties. It prohibits the assignment of a case to a CASA before certain conditions are met and provides requirements for a CASA. It directs the county sheriff or his/her designee to provide transportation to a child subject to a deprived proceeding and directs DHS to provide reimbursement. The bill also repeals and recodifies several sections of laws within Title 10, the Children's Code.
 Principal Authors:Kris Steele (H), Harry Coates (S)
 Effective Date:05/21/2009Emergency:Yes
 Status Date:05/21/2009Current Status:Governor Action - Signed
HB2029Paraphrase:modifies language related to the Oklahoma Juvenile Code. It directs district attorneys to prosecute any case within the purview of the Oklahoma Juvenile Code. It modifies definitions to include "behavioral health," "behavioral health facility" and "responsible adult." It modifies the definition of "child" or "juvenile" to include any person under age 18, excluding those charged and convicted under the Youthful Offender Act or those certified as adults. It modifies language related to Office of Juvenile Affairs programs for children at risk of becoming delinquent. It directs OJA to provide intake and probation services for juveniles in all counties not having a juvenile bureau and parole services. The bill allows OJA to enter into agreements under the Interlocal Cooperation Act for delinquency and gang intervention and prevention programs. It modifies language related to the Juvenile Offender Tracking Program, including procedures for identifying juvenile offenders. It allows children who appear to be in need of treatment, as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, to be admitted to a behavioral health treatment facility. It expands a county district court's jurisdiction to include an adult person living in the home of the child. It grants a county district court jurisdiction upon the filing of a petition alleging the child to be delinquent or upon the assumption of custody. The measure allows a juvenile proceeding to be filed before the child becomes 18 or within one year after the date of the 18th birthday if the underlying act would constitute a felony. The bill states that a child who is charged with having violated any state statute or municipal ordinance cannot be tried in a criminal action but in a juvenile proceeding, unless otherwise noted in the Juvenile Code. It directs a court to transfer a case to its juvenile division if it is determined that an alleged offense was committed when the person was a child. It requires a preliminary inquiry to determine whether the interests of the public or child require further court action to be taken. It allows an informal adjustment whereby the child agrees to fulfill certain conditions in exchange for not having a petition filed to be provided by an intake worker. The measure requires that a petition be filed and a summons issued within five judicial days of assumption of custody, or custody is to be relinquished to the parent or guardian. It sets forth requirements for filing such petition and summons. It allows a court to order that a child be examined for medical issues, including behavioral health diagnoses. It requires custodial interrogations of youthful offenders over age 16 to conform to the requirements of an adult interrogation. It directs the court to appoint counsel only upon the determination that the parent, guardian or legal custodian is indigent. It provides guidelines for a court to determine whether a child is delinquent or in need of supervision. It sets forth guidelines for a deferral of delinquency adjudication. It allows a court to order that a child participate in the Juvenile Drug Court Program. The measure prohibits an arrest or detention under the Juvenile Code or adjudication in a juvenile proceeding from being considered an arrest, detention or conviction for the purposes of employment, civil rights or statute, regulation, license, application or other purposes. It modifies language related to administration of the juvenile drug court program, including guidelines for a written treatment plan. It modifies language related to court-appointed referees and attorneys. It establishes requirements for municipalities in regard to juvenile offenses. It establishes guidelines for social records. It also repeals and recodifies several sections of Title 10, relating to children.
 Principal Authors:Kris Steele (H), Harry Coates (S)
 Effective Date:05/21/2009Emergency:Yes
 Status Date:05/21/2009Current Status:Governor Action - Signed
HB2121Paraphrase:creates the Oklahoma Veterans Treatment Court Pilot Program for the purpose of establishing a veterans' treatment court, similar to the current drug court program, in each district court of this state located within counties with a population of at least 100,000. It directs district courts to establish a one-year pilot program with annual review. It also states that any district court that has implemented a court program or court docket specifically providing for the treatment of veterans for substance abuse or mental health problems shall be exempt from the provisions of the Oklahoma Veterans Treatment Pilot Program. The bill establishes requirements for individuals in veterans' court and establishes procedures for the courts.
 Principal Authors:Mike Shelton (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB2168Paraphrase:provides that any plea of guilty or finding of guilt for certain assault violations shall constitute a conviction for a period of 10 years following the completion of any court imposed probationary term, providing good behavior.
 Principal Authors:Mark McCullough (H), Patrick Anderson (S)
 Effective Date: / / Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed
HB2272Paraphrase:transfers the Criminal Justice Resource Center to the Oklahoma State Bureau of Investigation and the Office of the Attorney General effective July 1, 2009. It transfers center functions related to administration and research to the Office of Criminal Justice Statistics, which the bill creates within the Information Services Division of the Oklahoma State Bureau of Investigation. It transfers center functions related to data processing and information technology to the Information Technology Systems Division of OSBI. It also transfers center functions relating to the Domestic Violence Fatality Review Board to the Office of the Attorney General. The measure also updates statutory references to the Criminal Justice Resource Center. It removes language directing the Oklahoma Sentencing Commission to serve as an advisory board to the center. The bill also reduces from 18 to 17 the membership of the Domestic Violence Fatality Review Board. It also repeals language related to the recreation of the Oklahoma Council on Violence Prevention.
 Principal Authors:Gus Blackwell (H)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:02/25/2010Current Status:Failed Deadline
HB2313Paraphrase:modifies language related to juvenile proceedings, allowing a juvenile proceeding to be filed within six months after the juvenile's 18th birthday if the underlying act would constitute a misdemeanor if committed by an adult. It modifies the list of offenses for which a 15-year-old, 16-year-old or 17-year-old may be held accountable as a youthful offender to include robbery or attempted robbery with a firearm and robbery or attempted robbery in the first degree. The bill removes language requiring a district attorney to file in a county treasurer's office an account of all monies received during the preceding year. It makes it unlawful and prescribes penalties for any person admitted to bail or released on recognizance, bond or undertaking for appearance before a court and required to wear an electronic monitoring device to remove the device without court authorization. It modifies the definition of "sexual battery" to include instances in which a victim is between age 16 and 20 and is a student or under the custody of a public or private school and engages in sexual contact with a person who is 18 or older and is an employee of the same school. It prohibits any person from lewdly or lasciviously performing certain actions with corpses. The measure also modifies the definition of "offender" under the Delayed Sentencing Program for Young Adults, and it states that any offender previously admitted to the program is ineligible for subsequent offenses. It also modifies language related to vital records, allowing certified copies of birth and death certificates to be provided without cost or court order to the attorney general or any district attorney upon request during a criminal investigation. It also repeals statutory language related to exceptions to compromises of misdemeanor offenses, satisfaction of injury when a court may order prosecution stayed and the defendant discharged and the bar of prosecution for the same offense and compromises of public offenses. The measure also modifies the definition of "sexual battery" to include that the perpetrator is someone in a position of authority in the school district, such as a teacher or administrator.
 Principal Authors:Rex Duncan (H), Clark Jolley (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/10/2010Current Status:Governor Action - Signed
HB2465Paraphrase:makes an appropriation to and sets budget limitations for the Office of the Attorney General for fiscal year 2011. The CCR expands the duties of the Office of the Attorney General to include all legal duties of state agencies, except for the governor, Legislature, judiciary, Ethics Commission, District Attorneys Council, Indigent Defense System, all individual institutions of the Oklahoma State System for Higher Education and rate-related proceedings of the Corporation Commission. The CCR states that all attorneys employed on April 1, 2010, by a state agency will become unclassified employees of the Office of the Attorney General beginning July 1, 2010. It states that the salaries of transferred employees will be adjusted to conform to the matrix of the Office of the Attorney General. It directs employees' salaries to be adjusted by 10 percent of the required adjustment to conform to the salary matrix beginning Sept. 1, 2010, and for each month thereafter through June 30, 2011. The CCR also directs the Office of the Attorney General to invoice agencies for one-twelfth of the transferred employees' gross yearly compensation set on June 30, 2010, plus health care insurance, retirement, FUTA, FICA and longevity pay. It also allows the Office of the Attorney General to invoice agencies for the amount to cover annual leave payments. It also increases from $1.85 million to $2.5 million the cap on the attorney general's evidence fund.
 Principal Authors:Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S)
 Effective Date:07/01/2010Emergency:Yes
 Status Date:05/27/2010Current Status:Conference Committee - Do Pass
 Committee:GCCA (S)
HB2466Paraphrase:makes an appropriation to and sets budget limitations for the Office of the Attorney General for fiscal year 2011. The CCR replaces the language in the bill with new language that requires all attorneys employed by a state agency, board, office or commission and paid with legislatively appropriated funds to be compensated beginning July 1, 2010, according to the salary schedule matrix adopted by the Office of the Attorney General and in effect on May 1, 2010. The CCR exempts attorneys employed by the governor, Senate, House, Supreme Court, Court of Civil Appeals, Court of Criminal Appeals, Workers' Compensation Court, District Attorney's Council, Ethics Commission, Oklahoma State Regents for Higher Education, any of the boards of regents for any institution within the Oklahoma State System of Higher Education or any institution within the system from the salary schedule. The CCR also exempts attorneys that are paid exclusively with non-appropriated funds from the salary matrix. The CCR prohibits the use of any non-appropriated revenue source to supplement or increase the compensation of an attorney who is paid with appropriated funds. The CCR exempts attorneys of non-appropriated agencies from the salary matrix and permits non-appropriated agencies to use non-appropriated revenue to supplement or increase the compensation of attorneys they employ.
 Principal Authors:Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S)
 Effective Date:07/01/2010Emergency:Yes
 Status Date:05/28/2010Current Status:Conference Committee - Failed, Lack of Signatures
 Committee:GCCA (S)
HB2619Paraphrase:prohibits any individual or group health benefit plan, including the State and Education Employees Group Health Insurance Plan, offered or renewed on or after Jan. 1, 2011, from denying coverage on the basis that the individual is a victim of domestic violence and that such classification is a pre-existing condition.
 Principal Authors:Eric Proctor (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB2634Paraphrase:requires applicants for a $5 marriage license to submit proof they have completed at least eight hours of an approved premarital counseling program. It requires other applicants to submit proof they have completed at least two hours of an approved program. It also states that common law marriage shall not be recognized as a valid form of marriage in Oklahoma after Nov. 1, 2010, but all existing common law marriages in the state prior to that date will be recognized as valid. It defines "covenant marriage" as one entered into by a man and woman who understand and agree that the marriage is a lifelong partnership. The measure directs applications for marriage licenses to indicate whether it is for a covenant marriage. It provides a declaration of intent to contract a covenant marriage form. It also allows married couples to execute a declaration of intent to designate their marriage as a covenant marriage. The bill directs the administrator of the courts to develop an information pamphlet on covenant marriages prior to Nov. 1, 2010. It establishes criteria under which a court may grant a divorce for a covenant marriage. The bill also states that in actions for divorce, separation, guardianship, paternity, custody or visitation when there are children under 18 involved, a court must require educational programs regarding the impact of the action on children.
 Principal Authors:Mark McCullough (H), Bill Brown (S)
 Effective Date:09/01/2010Emergency:No
 Status Date:03/31/2010Current Status:Failed Deadline
HB2780Paraphrase:requires an abortion provider one hour prior to performing or inducing an abortion to perform an obstetric ultrasound on the woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, provide a medical description of the images, obtain written certification that the woman received such information and retain such certification for at least seven years. It states that the language does not prevent a woman from averting her eyes from the ultrasound images. The bill provides an exception to such requirements if it is determined a medical emergency exists with respect to the pregnant woman and the provider certifies in writing the specific medical conditions constituting the emergency. It makes abortion providers who knowingly violate the requirements liable for damages and subject to enjoinment. It allows causes of action for injunctive relief to be filed by the woman upon whom the abortion was performed or attempted; the spouse, parent, sibling or guardian of or current or former licensed health care provider of the woman upon whom the abortion was performed or attempted; a district attorney with appropriate jurisdiction; or the attorney general. It states that a person who knowingly violates the injunction is subject to civil contempt and fines. The bill allows a pregnant woman upon whom an abortion is performed or the parent or legal guardian of the woman if she is an unemancipated minor to commence civil action against an abortion provider for knowing or reckless violation of the act for actual and punitive damages. It repeals current statutory language regarding definitions, required ultrasounds before abortions and causes of actions and civil remedies for violations of such requirements.
 Principal Authors:Lisa J. Billy (H), Anthony Sykes (S)
 Effective Date: / / Emergency:Yes
 Status Date:04/27/2010Current Status:Secretary of State
HB2801Paraphrase:creates the Mandatory Paid Sick Leave for Domestic Violence Act.
 Principal Authors:Ryan Kiesel (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB2826Paraphrase:prohibits any minor child temporarily residing in a licensed, certified domestic violence shelter from being removed by an ex parte order.
 Principal Authors:Ron Peters (H), Patrick Anderson (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/10/2010Current Status:Governor Action - Signed
HB2827Paraphrase:allows a victim of domestic violence, stalking or harassment to request a petition for an emergency temporary order of protection when a court is not open for business. It provides a definition of "stalking" under the Protection from Domestic Abuse Act and Domestic Abuse Reporting Act. It allows persons seeking a protective order under the Protection from Domestic Abuse Act to request the exclusive care, possession or control of any animal owned, leased or kept by the petitioner, defendant or minor child in the residence. It allows the court to order a defendant to make no contact with the animal. The measure also extends rights granted victims of domestic abuse to victims of rape, forcible sodomy or stalking. It allows a court to consider in determining a bond and other conditions of release certain factors, including whether the person has a history of domestic violence or other violent acts, the person's mental health, whether the person has a history of violating court orders and whether the person is a potential threat to another.
 Principal Authors:Ron Peters (H), Patrick Anderson (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed
HB2849Paraphrase:modifies language relating to the Child Abuse Prevention Act.
 Principal Authors:Charles Joyner (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB2864Paraphrase:adds language relating to the custody of a minor unmarried child to direct there shall be a rebuttable presumption that joint custody is in the best interest of the child.
 Principal Authors:Samson Ray Buck (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB2906Paraphrase:adds municipal employees to the list of people required to make a report regarding abuse, neglect or exploitation of a vulnerable adult. It directs the Department of Human Services, together with the Department of Mental Health and Substance Abuse Services, contingent on funding, to develop a Vulnerable Adult Intervention Team pilot Program to provide interdisciplinary community assistance, intervention and referral services for persons with mental or physical illnesses or disabilities, dementia or other related disease or condition. The bill directs the team on or before Dec. 31, 2010, and annually thereafter to submit a report to the Legislature. In the Senate, the bill was amended to remove the Vulnerable Adult Intervention Team Pilot Program from the bill.
 Principal Authors:Danny Morgan (H), Judy Eason McIntyre (S)
 Effective Date: / / Emergency:Yes
 Status Date:04/22/2010Current Status:Failed Deadline
HB3076Paraphrase:creates an affirmative defense if the accused was forced to commit an act of prostitution under certain circumstances. It also makes it a crime to procure a person for prostitution by threats or violence to the family member or loved one of that person. The measure also modifies language related to procuring another person for the purpose of prostitution.
 Principal Authors:Rebecca Hamilton (H), Judy Eason McIntyre (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:03/31/2010Current Status:Failed Deadline
HB3079Paraphrase:authorizes courts, in conjunction with any protective order, to order a defendant to use a global positioning system device under the Protection from Domestic Abuse Act. It also allows victims to access GPS information and monitor the location of the defendant.
 Principal Authors:Rebecca Hamilton (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB3085Paraphrase:authorizes the district attorney to file a petition or motion for termination of the parent-child relationship and parental rights due to a felony conviction of a parent for assault and battery provided that the perpetrator and victim of the abuse are the parents of the child or children. It states that termination of parental rights shall not require that the child or children be adjudicated deprived so long as the victim parent retains custody of the child or children and the district attorney determines that the best interests and future safety of the child or children would be served by termination of parental rights of the convicted parent. It also states that the termination of parental rights does not affect child support obligations. It provides an exemption for individuals subject to the Indian Child Welfare Act. The bill states that the parent who was the victim of the assault and battery, or a private attorney representing the parent, may notify the district attorney of appropriate circumstances for termination of parental rights. If the district attorney decides not to pursue termination, the district attorney must provide reasons for not pursuing the termination to the person who provided the notification.
 Principal Authors:Cory T. Williams (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB3118Paraphrase:modifies language related to the Child Abuse Prevention Act.
 Principal Authors:Pat Ownbey (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HB3202Paraphrase:adds a definition of "teeth floating" to the Oklahoma Veterinary Practice Act to state that as provided by a nonveterinary equine dental care provider, it means the removal of enamel points and the smoothing, contouring and leveling of dental arcades and incisors of equine and other farm animals. It also excludes acts of animal husbandry such as teeth floating and farriery from the Oklahoma Veterinary Practice Act. It states that any individual certified by the Oklahoma State Board of Veterinary Medical Examiners to be a nonveterinary equine dental care provider is exempt from the Oklahoma Veterinary Practice Act. The measure directs the state board to annually certify any practitioner of teeth floating and establishes eligibility criteria. It states that prior to July 1, 2010, teeth floaters are to be granted certification upon submission of a signed, notarized affidavit from three people who are residents of the state saying they know the applicant as a nonveterinary equine dental care provider. It requires four hours of continuing education for annual certification renewal for teeth floaters. It requires an equine owner to contact a licensed veterinarian if prescription drugs are to be used in nonveterinary equine dental care procedures, and it allows the owner or nonveterinary equine dental care provider to pick up the drugs. It directs complaints related to teeth floaters to be filed with the state veterinarian, who may investigate complaints. The measure allows the state board to charge a $200 certification fee. The bill also modifies membership of the State Board of Veterinary Medical Examiners, requiring one of the five licensed veterinarian members to be an equine practitioner and one to be a large animal practitioner. The measure also prohibits the use of any controlled dangerous substances as defined in the Uniform Controlled Dangerous Substances Act in teeth floating and to clarify that those who are certified as nonveterinary equine dental care providers are prohibited from performing acts allowed of veterinarians licensed under the Veterinary Practice Act.
 Principal Authors:Don Armes (H), Mike Schulz (S)
 Effective Date: / / Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed
HB3248Paraphrase:modifies language related to the Child Abuse Prevention Act.
 Principal Authors:David Derby (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline
HJR1009Paraphrase:expresses opposition to the federal Freedom of Choice Act.
 Principal Authors:Sally Kern (H), Dan Newberry (S)
 Effective Date: / / Emergency:No
 Status Date:03/31/2010Current Status:Failed Deadline
SB0018Paraphrase:establishes a penalty for persons who complete a basic police course and who within one year after certification resigns from an employing law enforcement agency and is hired by another and the person or second employing agency does not reimburse the original employing agency. The bill states that failure to provide reimbursement will result in the suspension of the person's certification under the Council on Law Enforcement Education and Training until the reimbursement is provided.
 Principal Authors:Mary Easley (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB0185Paraphrase:sets a budget limitation of $13,722,234 on the state appropriation to the Office of the Attorney General.
 Principal Authors:Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:05/22/2009Current Status:Second CCR Read - Senate
SB0254Paraphrase:exempts an adoptive grandparent from court costs associated with an adoption.
 Principal Authors:Kenneth Corn (S), Randy Terrill (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/08/2010Current Status:Failed Deadline
SB0264Paraphrase:requires licensed pharmacies to dispense prescription contraceptive drugs or devices in stock without delay and consistent with the normal time frame for filling any other prescriptions. It allows pharmacies to refuse to dispense contraceptive drugs or devices if there is a valid medical concern the drug or device could cause problems or the customer is unable to pay for the drug or device. The bill also requires a licensed pharmacy to fulfill all lawful requests for contraceptive drugs approved for over-the-counter use in a timely fashion. It also directs licensed pharmacies to ensure that it does not intimidate, threaten or harass its customers in the delivery of such drugs. It also directs licensed pharmacies to conspicuously display a notice informing patients seeking contraceptive drugs or devices of their rights. It allows individuals to file complaints with the Oklahoma State Board of Pharmacy for violations of the law.
 Principal Authors:Jim Wilson (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB0339Paraphrase:directs the court at an emergency custody hearing or any other dispositional hearing to determine whether reasonable efforts have been made to place siblings together in the same foster care, guardianship or adoptive placement and provide frequent visitation in the case of siblings who have been removed and not placed together. The bill directs a court to order that a parent, legal guardian or custodian complete an affidavit with names and contact information for family members of the child and any comments concerning the appropriateness of placing the child with such relatives. It directs the Office of the Administrative Director of the Courts to create an affidavit form and make it available to courts conducting emergency custody hearings that shall contain notice to the parent, legal guardian or custodian that failure to identify a parent or relative in a timely manner may result in the child being permanently placed outside the child's parent or relative's home. The affidavit shall be filed with the court clerk no later than five days after the hearing or as directed by the court and a copy provided to the Department of Human Services. The measure directs DHS to exercise due diligence in identifying a child's relatives within 30 days of his/her removal and to provide notice that the child is being removed, of options to participate in the child's care and placement and of the foster family home requirements and supports. It prohibits notification of relatives if it would not be in the best interest of the child due to past or current family or domestic violence. It requires the DHS individual treatment and service plan to include a plan for ensuring the educational stability of the child while in out-of-home placement. It directs the court to determine in any dispositional hearing or review hearing or permanency hearing whether reasonable efforts have been made to place siblings together and provide for visitation and interaction between siblings when they are not placed together. It directs DHS or other representative of the child to provide assistance and support in developing transitional skills during the 90 day period immediately prior to a child's 18th birthday. It also includes language requiring the Office of Juvenile Affairs to assure that each foster child in its custody who has attained minimum age for compulsory school attendance is enrolled in an institution that provides education; instructed at home; enrolled in an independent study education program; or is incapable of attending school full time due to a documented medical condition.
 Principal Authors:Patrick Anderson (S), Ron Peters (H)
 Effective Date:05/11/2009Emergency:Yes
 Status Date:05/11/2009Current Status:Governor Action - Signed
SB0351Paraphrase:requires reports of abuse, neglect or exploitation of vulnerable adults to be reported to the Department of Human Services and the municipal police department or county sheriff's office.
 Principal Authors:Andrew Rice (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB0411Paraphrase:increases from 18 to 19 the membership of the Domestic Violence Fatality Review Board to include the executive director of the Office of Juvenile Affairs.
 Principal Authors:Clark Jolley (S), Jason Nelson (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:06/02/2009Current Status:Governor Action - Signed
SB0477Paraphrase:creates the "Compassionate Assistance for Rape Emergencies (CARE) Act." The bill requires the State Department of Health or designee in collaboration with community sexual assault programs and other relevant persons to produce informational materials related to emergency contraception. The bill requires the materials to be distributed and used in all hospitals and other health care facilities. It requires materials to be medically and factually accurate and objective, to be clearly written and readily comprehensible in a culturally competent manner and to explain the nature, use, safety, efficacy and availability and to explain that emergency contraception does not cause abortion. It requires that hospitals and other health care facilities to provide to rape victims medically and factually accurate and objective written and oral materials, oral information of option to be provided emergency contraception at the hospital or health care facility, an immediate and complete regimen of emergency contraception at a hospital or at another facility if the hospital has a moral prohibition against providing birth control. It directs the State Department of Health to investigate complaints of noncompliance and to periodically provide medical care to monitor. It provides an administrative fine of up to $5,000 for each incidence on noncompliance.
 Principal Authors:Tom Adelson (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB0494Paraphrase:creates the Right to Choose Life Act. It requires any individual and group health benefit plans, including the State and Education Employees Group Health Insurance Plan, that is offered, issued or renewed in Oklahoma on or after Jan. 1, 2010, to provide coverage for prescription contraceptive drugs and devices related to reproductive health. The measure provides an exemption for group policies issued to fewer than 50 employees and benefit plans that experience an increase of more than 2 percent as the result of providing the benefit. It states legislative intent to support policies, programs and research for males and females that promote new and improved contraceptives and other methods of preventing pregnancy.
 Principal Authors:Constance Johnson (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB0647Paraphrase:transfers the Criminal Justice Resource Center from the Legislative Service Bureau to the Oklahoma State Bureau of Investigation and the Office of the Attorney General effective July 1, 2009. It transfers functions related to administration and research to a newly created Office of Criminal Justice Statistics within the Information Services Division of OSBI, the functions related to data processing and information technology to the Information Technology Systems Division of OSBI and the functions related to the Domestic Violence Fatality Review Board to the Office of the Attorney General. The bill also updates previous references to the Criminal Justice Resource Center. It also reduces from 18 to 17 the membership of the Domestic Violence Fatality Review Board. The measure also repeals language recreating the Oklahoma Council on Violence Prevention.
 Principal Authors:Glenn Coffee (S), Gus Blackwell (H)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:03/11/2010Current Status:Failed Deadline
SB0671Paraphrase:recreates until July 1, 2015, the Board of Cosmetology, the State Barber Advisory Board, the Oklahoma Real Estate Commission, the State Board of Examiners of Psychologists, the Scenic River Commission, the Domestic Violence and Sexual Assault Advisory Committee, the State Board of Medical Licensure and Supervision and the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board. The bill also removes the Ottawa Reclamation Authority termination July 1, 2009. In the House, the bill was amended to recreate until July 1, 2013, the Board of Cosmetology, the State Barber Advisory Board, the Oklahoma Real Estate Commission, the State Board of Examiners of Psychologists, the Scenic Rivers Commission, the Domestic Violence and Sexual Assault Advisory Council, the State Board of Medical Licensure and Supervision and the Oklahoma Partnership for School Readiness Board. It also recreates until July 1, 2010, the State Board of Licensure for Professional Engineers and Land Surveyors, the Board of Governors of the Licensed Architects, Landscape Architects and Interior Designers of Oklahoma and the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.
 Principal Authors:Cliff Aldridge (S), John A. Wright (H)
 Effective Date: / / Emergency:No
 Status Date:04/22/2010Current Status:Failed Deadline
SB0707Paraphrase:classifies the crime of domestic abuse as a felony
 Principal Authors:Debbe Leftwich (S)
 Effective Date: / / Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline
SB0728Paraphrase:allows state employees to take up to 30 days of unpaid leave per calendar year if the employee or his/her family or household member is a victim of domestic abuse, sexual assault or stalking to seek medical attention, obtain victim services, obtain counseling or temporarily or permanently relocate or take legal action.
 Principal Authors:Debbe Leftwich (S)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline
SB0764Paraphrase:amends, merges, consolidates and repeals duplicate sections of law.
 Principal Authors:Patrick Anderson (S), Rex Duncan (H)
 Effective Date:03/12/2009Emergency:Yes
 Status Date:03/12/2009Current Status:Governor Action - Signed
SB0788Paraphrase:creates a felony for offenses of domestic abuse by persons who have a prior pattern of physical abuse. It states that such acts are punishable by imprisonment for up to 10 years with the Department of Corrections and a $10,000 fine to be deposited into the Domestic Violence Victims Service Revolving Fund. The bill also creates the Domestic Violence Victims Services Revolving Fund.
 Principal Authors:Jonathan Nichols (S)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline
SB0823Paraphrase:modifies language related to the Council on Law Enforcement Education and Training. The bill declares the council a law enforcement agency that is necessary to ensure professional training and continuing education for law enforcement officers.
 Principal Authors:Anthony Sykes (S), Todd Thomsen (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/08/2010Current Status:Failed Deadline
SB0894Paraphrase:clarifies language related to reporting child abuse. The bill also establishes that any health care professional who examines, attends or treats the victim of what appears to be or is reported by the victim to be rape, rape by instrumentation, forcible sodomy or any form of sexual assault is not required to report the incident if the victim is over the age of 18 and is not an incapacitated adult. The bill requires any health care professional who examines, attends or treats the victim of what appears to be or is reported by the victim to be rape, rape by instrumentation, forcible sodomy or any form of sexual assault to inform the victim of their right to have a report made if the victim requests to do so either orally or in writing. The bill establishes procedures for making such reports.
 Principal Authors:Glenn Coffee (S), Kenneth Miller (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/20/2009Current Status:Governor Action - Signed
SB0947Paraphrase:grants immunity from civil prosecution to individuals who are found to have justifiably used physical or deadly force against an intruder. The measure contains language allowing use of deadly force against an unarmed aggressor, allowing a person who is not engaged in unlawful activity and who is attacked where he/she has a right to be to stand his/her ground and meet force with force, including deadly force. The bill lists circumstances under which use of deadly forced is presumed lawful and justified.
 Principal Authors:Jerry Ellis (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB0956Paraphrase:modifies language related to human trafficking, defining terminology and what constitutes "human trafficking." It increases from 14 to 18, the age of victims that would constitute stiffer penalties for conviction of human trafficking. The bill states that victims may seek civil damages with or without criminal conviction. It also establishes a statute of limitations for civil action, stipulating that the cause of action shall not commence until the latter of the victim's emancipation from the defendant or the victim's twenty-first birthday. The bill also makes it illegal to knowingly engage in human trafficking and increases victims' age from under 14 to under 18 years of age at which the offense will be deemed a felony. It allows victims to bring a civil action against the person or persons responsible for human trafficking and to recover actual and punitive damages and reasonable attorneys fees. It also states that a criminal prosecution is not necessary for filing a civil action and establishes that the statute of limitations for the cause of action will not commence until the latter of the victim's emancipation form the defendant or the victim's 21st birthday. The bill allows law enforcement officers to seize any vehicle or other property used to facilitate or participate in human trafficking or when used by a prostitute, pimp or panderer to facilitate or participate in prostitution. The bill exempts vehicles or property used by a customer or anyone procuring the services or a prostitute from seizure.
 Principal Authors:Todd Lamb (S), Pam Peterson (H)
 Effective Date: / / Emergency:Yes
 Status Date:06/07/2010Current Status:Governor Action - Signed
SB1038Paraphrase:creates the Victims Economic Security and Safety Act, allowing an employee of an employer with 100 or more employees who is a victim of domestic or sexual violence or is a pregnant woman to take an unpaid leave from work to address domestic or sexual violence. It allows an employee to take up to three workweeks of leave during any 12-month period. The bill makes it unlawful for any employer to interfere with, restrain, deny, discharge or harass an individual who exercises their right to take the unpaid leave.
 Principal Authors:Debbe Leftwich (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB1075Paraphrase:modifies requirements for review of an offender's eligibility for drug court, reducing to 10 years the span during which the person shall have had no felony conviction for a violent offense. The bill also states that offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.
 Principal Authors:Brian Crain (S), Daniel Sullivan (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/22/2009Current Status:Governor Action - Signed
SB1120Paraphrase:permits all law enforcement boards, bureaus, commissions and task forces to hold executive sessions for the purposes of discussing ongoing criminal investigations, targets or pending legal cases. The bill also exempts campus police , tribal law enforcement or peace officers operating under one or more cross-deputization agreements each other or with an Indian tribe or branch of the federal government from the prohibition against a person holding more than one public office. In the House, the bill was amended to propose a constitutional amendment designating English as the official language of the state. It directs official actions of the state to be taken in English, unless other use is specifically requested by federal law. It prohibits any state agency from entering into, maintaining or enforcing a contract or agreement, including with the federal government that is inconsistent with this language, unless specifically required by federal law. It provides exceptions for the use of another language to teach or encourage the learning of languages other than English; to protect public health and safety; to teach English to those who are not fluent; to teach and use sign language for the deaf and hard of hearing or Braille for the blind or sight impaired; to comply with the Native American Languages Act, the Individuals with Disabilities Education Act, the Voting Rights Act, the Rehabilitation Act of 1973 or other federal law; to protect the rights of victims of crime and criminal defendants; to promote trade, commerce and tourism; to promote relations with Native American tribes or governments; and to create or promote mottos or designations, inscribe public monuments or use terms of art or similar terms or phrases from other languages that are commonly used in English. It prohibits such language from being used to create a cause of action to seek or demand governmental official or unofficial actions in languages other than English. It allows any person who resides or does business in the state standing to sue any state agency or official to seek a declaratory judgment to determine if violations have been made and to obtain injunctive relief from them.
 Principal Authors:Anthony Sykes (S), Randy Terrill (H)
 Effective Date: / / Emergency:No
 Status Date:04/08/2010Current Status:Failed Deadline
SB1141Paraphrase:creates the Domestic Violence Registration Act which requires individuals to register with the Department of Corrections within three business days of the determination of guilt by a court of competent jurisdiction for a crime of domestic abuse and not less than three business days prior to abandoning or moving from an address of previous registration. The bill establishes procedures for registration. The bill establishes that failure to register constitutes a misdemeanor. It also stipulates that individuals who are party to an active protective order be included on the registry.
 Principal Authors:Constance Johnson (S), Pam Peterson (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:04/08/2010Current Status:Failed Deadline
SB1192Paraphrase:establishes a Council on Law Enforcement Education and Training Regional Academy Pilot Program to provide localized, community law enforcement agencies the ability to send law enforcement officers to basic police course training closer to their geographical location, even if those officers are located outside of the jurisdiction of the host regional academy. The bill establishes criteria, policies and procedures for participation in the pilot program.
 Principal Authors:Don Barrington (S), Don Armes (H)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:03/11/2010Current Status:Bill Failed - Senate
SB1251Paraphrase:prohibits health benefit plans from denying coverage, refusing to issue or renew coverage, cancel or otherwise terminate, restrict or exclude any person from any health benefit plan issued or renewed on or after Nov. 1, 2010, on the basis of the applicant's or insured's status as a victim of domestic abuse. It also prohibits health benefit plans from denying a claim on the basis of the insured's status as a victim of domestic violence, and it prohibits domestic abuse from being considered a preexisting condition. In the House, language was added stating that in order to comply with the provisions, the acts constituting the domestic abuse must be reported to a law enforcement agency setting forth the relevant facts.
 Principal Authors:Jim Wilson (S), Mike Brown (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/08/2010Current Status:Governor Action - Signed
SB1371Paraphrase:prohibits health benefit plans from denying coverage, refusing to issue or renew coverage, cancel or otherwise terminate, restrict or exclude any person from any health benefit plan issued or renewed on or after Nov. 1, 2010, on the basis of the applicant's or insured's status as a victim of domestic abuse. It also prohibits health benefit plans from denying a claim on the basis of the insured's status as a victim of domestic violence, and it prohibits domestic abuse from being considered a preexisting condition.
 Principal Authors:Debbe Leftwich (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB1388Paraphrase:requires a law enforcement agency's Council on Law Enforcement Education and Training certification to be suspended if the agency does not reimburse for the training of any person hired after resigning from an original law enforcement agency that paid the employee's salary while he or she completed a basic police course in Oklahoma if that person resigned from the original agency within one year after certification.
 Principal Authors:Mary Easley (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB1487Paraphrase:makes an appropriation to and sets budget limitations for the Department of Mental Health and Substance Abuse Services for fiscal year 2011.
 Principal Authors:Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H)
 Effective Date:09/01/2010Emergency:No
 Status Date:04/28/2010Current Status:In Committee - Conference
 Committee:GCCA (J)
SB1488Paraphrase:authorizes the Oklahoma Capitol Improvement Authority to issue obligations of $6 million to provide financing for the acquisition of property and to construct buildings for a facility to provide inpatient and outpatient services for the Department of Mental Health and Substance Abuse Services. The funds are to be used to replace a facility in Tulsa. The bill makes the issue contingent on the authority finding that the department has received at least $6 million in private donations designated for the construction of the facility.
 Principal Authors:Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H)
 Effective Date:09/01/2010Emergency:Yes
 Status Date:06/10/2010Current Status:Governor Action - Signed
SB1722Paraphrase:modifies language related to a group accident and health policy issuer's decision to discontinue offering a particular type of group health insurance coverage offered in the large or small group market, requiring the issuer to request that the insurance commissioner approve such discontinuance. It directs the commissioner to grant approval within 60 days if he/she determines that the discontinuance is neither with the intent nor as a pretext to discontinuing the coverage of any policyholder or insured due to claim experience of any health status-related factor. It requires issuers seeking such approval to provide notice to coverage participants and beneficiaries. The measure states that when an issuer discontinues a particular class of group or blanket policy of hospital, surgical or medical expense insurance, the issuer is liable to the former holder or beneficiary of the policy, or his/her estate, for compensatory damages if the discontinuance was unlawful. It requires such actions to be brought within three years of discontinuance. It directs the insurance commissioner, when major medical insurance is discontinued, to order that an extended benefit be provided during total disability subsequent to discontinuance.
 Principal Authors:Jim Wilson (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB1976Paraphrase:establishes procedures for a drug court team to determine whether an offender is appropriate for the drug court program.
 Principal Authors:Jay Paul Gumm (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB2017Paraphrase:requires any person whose Council on Law Enforcement Education and Training certification has been revoked, suspended or voluntarily surrendered for any reason, including failure to comply with mandatory education and training requirements, to pay a $150 reinstatement fee.
 Principal Authors:Anthony Sykes (S), Randy Terrill (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:04/22/2010Current Status:Failed Deadline
SB2022Paraphrase:grants the court the power to allow a victim to monitor the position of the defendant in cases where a protective order is granted and the defendant is required by the court to wear a global positioning system. In the House, the bill was amended to add language clarifying that monitoring is available upon application of the victim. It was also amended to state that such monitoring is limited to the ability of the victim to make computer or cellular inquires or otherwise receive signals regarding the defendant's movements to determine if the defendant is within a specified distance of the victim. It also directs the court to annually review monitoring orders.
 Principal Authors:Jonathan Nichols (S), Sue Tibbs (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed
SB2150Paraphrase:makes assault and battery against a former spouse of one's current spouse to be punishable by not more than one year in prison and/or a $5,000 fine. In the House, language was modified to include a person who is or was in a dating relationship with the defendant.
 Principal Authors:John Sparks (S), Ron Peters (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed
SB2193Paraphrase:modifies language related to the use of deadly force against intruders.
 Principal Authors:Bryce Marlatt (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline
SB2235Paraphrase:requires a motion for an emergency custody hearing to include an independent report that demonstrates the child is in surroundings that could endanger the child in a court proceeding concerning child custody or child visitation. If there is no report, it requires an individual with personal knowledge that the child is in a surrounding that could endanger the child to provide a notarized affidavit. It also requires the court to conduct a hearing within 72 hours from when the motion and supporting documentation is received. It states a court shall not be required to conduct a subsequent hearing if the court finds any information included in a notarized affidavit is false. The bill also imposes certain limits judicial districts may place on the qualifications of parenting coordinators.
 Principal Authors:Brian Crain (S), Daniel Sullivan (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed
SB2303Paraphrase:requires any entity constitutionally or statutorily permitted to create a law enforcement agency to submit to the Council on Law Enforcement Education and Training a minimum of 60 days prior to creation of the law enforcement agency or police department certain information regarding reason, funding, resources and policies. The bill also prescribes duties for CLEET to authorize or deny such a request.
 Principal Authors:Anthony Sykes (S), Randy Terrill (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/27/2010Current Status:CCR Read - House
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