Bill Text For SB0576 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 576                  By: Kidd of the Senate            |
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 6|                                         and                           |
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 7|                                         Conley of the House           |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       An Act relating to school employees; amending 10A               |
  |       O.S. 2011, Section 1-2-101, as last amended by                  |
12|       Section 5 of Enrolled Senate Bill No. 1041 of the 1st           |
  |       Session of the 57th Oklahoma Legislature, which                 |
13|       relates to child abuse or neglect reporting;                    |
  |       modifying reporting requirements for school employee;           |
14|       amending Section 2, Chapter 323, O.S.L. 2018 (70 O.S.           |
  |       Supp. 2018, Section 1210.163), which relates to                 |
15|       reporting potential abuse or neglect; directing                 |
  |       school employee to report suspected child abuse or              |
16|       neglect to Department of Human Services and local law           |
  |       enforcement; requiring allegations reported to a                |
17|       county office be referred to Department hotline;                |
  |       mandating report involving a student who is not a               |
18|       minor to be made to local law enforcement; providing            |
  |       an effective date; and declaring an emergency.                  |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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22|    SECTION 1.     AMENDATORY     10A O.S. 2011, Section 1-2-101, as   |
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23|last amended by Section 5 of Enrolled Senate Bill No. 1041 of the      |
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arsid1992142 SB576 HFLR                                            Page 1
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 1|1st Session of the 57th Oklahoma Legislature, is amended to read as    |
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 2|follows:                                                               |
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 3|    Section 1-2-101.  A.  1.  The Department of Human Services shall   |
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 4|establish a statewide centralized hotline for the reporting of child   |
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 5|abuse or neglect to the Department.                                    |
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 6|    2.  The Department shall provide hotline-specific training         |
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 7|including, but not limited to, interviewing skills, customer service   |
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 8|skills, narrative writing, necessary computer systems, making case     |
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 9|determinations, and identifying priority situations.                   |
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10|    3.  The Department is authorized to contract with third parties    |
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11|in order to train hotline workers.                                     |
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12|    4.  The Department shall develop a system to track the number of   |
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13|calls received, and of that number:                                    |
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14|         a.    the number of calls screened out,                       |
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15|         b.    the number of referrals assigned,                       |
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16|         c.    the number of calls received by persons unwilling to    |
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17|              disclose basic personal information including, but not   |
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18|              limited to, first and last name, and                     |
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19|         d.    the number of calls in which the allegations were       |
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20|              later found to be unsubstantiated or ruled out.          |
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21|    5.  The Department shall electronically record each referral       |
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22|received by the hotline and establish a secure means of retaining      |
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23|the recordings for twelve (12) months.  The recordings shall be        |
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24|confidential and subject to disclosure only if a court orders the      |
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arsid1992142 SB576 HFLR                                            Page 2
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 1|disclosure of the referral.  The Department shall redact any           |
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 2|information identifying the reporting party unless otherwise ordered   |
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 3|by the court.                                                          |
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 4|    B.  1.  Every person having reason to believe that a child under   |
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 5|the age of eighteen (18) years is a victim of abuse or neglect shall   |
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 6|report the matter immediately to the Department of Human Services.     |
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 7|Reports shall be made to the hotline provided for in subsection A of   |
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 8|this section.  Any allegation of abuse or neglect reported in any      |
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 9|manner to a county office shall immediately be referred to the         |
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10|hotline by the Department.  Provided, however, that in actions for     |
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11|custody by abandonment, provided for in Section 2-117 of Title 30 of   |
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12|the Oklahoma Statutes, there shall be no reporting requirement.        |
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13|    2.   a.    Every teacher of any child under the age of eighteen    |
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14|              (18) years school employee having reason to believe      |
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15|              that a child under the age of eighteen (18) years is a   |
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16|              victim of abuse or neglect shall report the matter       |
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17|              immediately to the Department of Human Services and      |
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18|              local law enforcement.  Reports to the Department        |
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19|              shall be made to the hotline provided for in             |
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20|              subsection A of this section.  Any allegation of abuse   |
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21|              or neglect reported in any manner to a county office     |
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22|              shall immediately be referred to the hotline by the      |
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23|              Department.  Provided, however, that in actions for      |
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24|              custody by abandonment, provided for in Section 2-117    |
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arsid1992142 SB576 HFLR                                            Page 3
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 1|              of Title 30 of the Oklahoma Statutes, there shall be     |
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 2|              no reporting requirement, and                            |
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 3|         b.    every teacher of a student age eighteen (18) years or   |
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 4|              older Every school employee having reason to believe     |
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 5|              that a student age eighteen (18) years or older is a     |
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 6|              victim of abuse or neglect shall report the matter       |
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 7|              immediately to local law enforcement.                    |
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 8|    3.  Every physician, surgeon, or other health care professional    |
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 9|including doctors of medicine, licensed osteopathic physicians,        |
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10|residents and interns, or any other health care professional or        |
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11|midwife involved in the prenatal care of expectant mothers or the      |
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12|delivery or care of infants shall promptly report to the Department    |
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13|instances in which an infant tests positive for alcohol or a           |
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14|controlled dangerous substance.  This shall include infants who are    |
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15|diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol           |
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16|Spectrum Disorder.                                                     |
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17|    4.  No privilege or contract shall relieve any person from the     |
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18|requirement of reporting pursuant to this section.                     |
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19|    5.  The reporting obligations under this section are individual,   |
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20|and no employer, supervisor, administrator, governing body or entity   |
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21|shall interfere with the reporting obligations of any employee or      |
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22|other person or in any manner discriminate or retaliate against the    |
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23|employee or other person who in good faith reports suspected child     |
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24|abuse or neglect, or who provides testimony in any proceeding          |
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arsid1992142 SB576 HFLR                                            Page 4
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 1|involving child abuse or neglect.  Any employer, supervisor,           |
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 2|administrator, governing body or entity who discharges,                |
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 3|discriminates or retaliates against the employee or other person       |
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 4|shall be liable for damages, costs and attorney fees.  If a child      |
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 5|who is the subject of the report or other child is harmed by the       |
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 6|discharge, discrimination or retaliation described in this             |
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 7|paragraph, the party harmed may file an action to recover damages,     |
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 8|costs and attorney fees.                                               |
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 9|    6.  Every physician, surgeon, other health care professional or    |
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10|midwife making a report of abuse or neglect as required by this        |
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11|subsection or examining a child to determine the likelihood of abuse   |
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12|or neglect and every hospital or related institution in which the      |
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13|child was examined or treated shall provide, upon request, copies of   |
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14|the results of the examination or copies of the examination on which   |
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15|the report was based and any other clinical notes, x-rays,             |
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16|photographs, and other previous or current records relevant to the     |
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17|case to law enforcement officers conducting a criminal investigation   |
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18|into the case and to employees of the Department of Human Services     |
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19|conducting an investigation of alleged abuse or neglect in the case.   |
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20|    C.  Any person who knowingly and willfully fails to promptly       |
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21|report suspected child abuse or neglect or who interferes with the     |
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22|prompt reporting of suspected child abuse or neglect may be reported   |
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23|to local law enforcement for criminal investigation and, upon          |
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24|conviction thereof, shall be guilty of a misdemeanor.  Any person      |
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arsid1992142 SB576 HFLR                                            Page 5
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 1|with prolonged knowledge of ongoing child abuse or neglect who         |
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 2|knowingly and willfully fails to promptly report such knowledge may    |
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 3|be reported to local law enforcement for criminal investigation and,   |
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 4|upon conviction thereof, shall be guilty of a felony.  For the         |
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 5|purposes of this paragraph, "prolonged knowledge" shall mean           |
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 6|knowledge of at least six (6) months of child abuse or neglect.        |
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 7|    D.  1.  Any person who knowingly and willfully makes a false       |
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 8|report pursuant to the provisions of this section or a report that     |
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 9|the person knows lacks factual foundation may be reported to local     |
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10|law enforcement for criminal investigation and, upon conviction        |
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11|thereof, shall be guilty of a misdemeanor.                             |
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12|    2.  If a court determines that an accusation of child abuse or     |
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13|neglect made during a child custody proceeding is false and the        |
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14|person making the accusation knew it to be false at the time the       |
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15|accusation was made, the court may impose a fine, not to exceed Five   |
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16|Thousand Dollars ($5,000.00) and reasonable attorney fees incurred     |
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17|in recovering the sanctions, against the person making the             |
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18|accusation.  The remedy provided by this paragraph is in addition to   |
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19|paragraph 1 of this subsection or to any other remedy provided by      |
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20|law.                                                                   |
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21|    E.  Nothing contained in this section shall be construed to        |
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22|exempt or prohibit any person from reporting any suspected child       |
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23|abuse or neglect pursuant to subsection B of this section.             |
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arsid1992142 SB576 HFLR                                            Page 6
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 1|    SECTION 2.     AMENDATORY     Section 2, Chapter 323, O.S.L.       |
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 2|2018 (70 O.S. Supp. 2018, Section 1210.163), is amended to read as     |
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 3|follows:                                                               |
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 4|    Section 1210.163  A.  A school employee who has reason to          |
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 5|believe that a student is a victim of abuse or neglect shall report    |
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 6|the matter promptly to the Department of Human Services and to local   |
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 7|law enforcement.  Reports to the Department of Human Services shall    |
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 8|be made via the hotline provided for in subsection A of Section        |
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 9|1-2-101 of Title 10A of the Oklahoma Statutes Every school employee    |
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10|having reason to believe that a child under the age of eighteen (18)   |
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11|years is a victim of abuse or neglect shall report the matter          |
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12|immediately to the Department of Human Services and local law          |
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13|enforcement.  Reports to the Department shall be made to the hotline   |
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14|provided for in Section 1-2-101 of Title 10A of the Oklahoma           |
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15|Statutes.  Any allegation of abuse or neglect reported in any manner   |
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16|to a county office shall immediately be referred to the hotline by     |
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17|the Department.                                                        |
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18|    B.  Every school employee having reason to believe that a          |
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19|student age eighteen (18) years or older is a victim of abuse or       |
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20|neglect shall report the matter immediately to local law               |
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21|enforcement.                                                           |
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22|    C.  For the purposes of this section, "child abuse and neglect"    |
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23|shall include, but not be limited to:                                  |
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arsid1992142 SB576 HFLR                                            Page 7
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 1|    1.  Child abuse as defined in Section 843.5 of Title 21 of the     |
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 2|Oklahoma Statutes;                                                     |
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 3|    2.  Sexual abuse or sexual exploitation as defined in Section      |
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 4|1-1-105 of Title 10A of the Oklahoma Statutes;                         |
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 5|    3.  Contributing to the delinquency of a minor as defined in       |
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 6|Section 856 of Title 21 of the Oklahoma Statutes;                      |
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 7|    4.  Trafficking in children, as defined in Section 866 of Title    |
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 8|21 of the Oklahoma Statutes;                                           |
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 9|    5.  Incest as described in Section 885 of Title 21 of the          |
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10|Oklahoma Statutes;                                                     |
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11|    6.  Forcible sodomy, as described in Section 888 of Title 21 of    |
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12|the Oklahoma Statutes;                                                 |
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13|    7.  Maliciously, forcibly or fraudulently taking or enticing a     |
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14|child away, as described in Section 891 of Title 21 of the Oklahoma    |
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15|Statutes;                                                              |
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16|    8.  Soliciting or aiding a minor child to perform or showing,      |
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17|exhibiting, loaning or distributing obscene material or child          |
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18|pornography, as described in Section 1021 of Title 21 of the           |
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19|Oklahoma Statutes;                                                     |
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20|    9.  Procuring or causing the participation of any minor child in   |
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21|any child pornography or knowingly possessing, procuring or            |
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22|manufacturing child pornography, as described in Section 1021.2 of     |
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23|Title 21 of the Oklahoma Statutes;                                     |
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arsid1992142 SB576 HFLR                                            Page 8
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 1|    10.  Permitting or consenting to the participation of a minor      |
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 2|child in any child pornography, as described in Section 1021.3 of      |
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 3|Title 21 of the Oklahoma Statutes;                                     |
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 4|    11.  Facilitating, encouraging, offering or soliciting sexual      |
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 5|conduct with a minor, as described in Section 1040.13a of Title 21     |
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 6|of the Oklahoma Statutes;                                              |
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 7|    12.  Offering or offering to secure a minor child for the          |
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 8|purposes of prostitution or any other lewd or indecent act, as         |
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 9|described in Section 1087 of Title 21 of the Oklahoma Statutes;        |
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10|    13.  Causing, inducing, persuading or encouraging a minor child    |
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11|to engage or continue to engage in prostitution, as described in       |
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12|Section 1088 of Title 21 of the Oklahoma Statutes;                     |
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13|    14.  Rape or rape by instrumentation, as described in Sections     |
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14|1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and              |
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15|    15.  Making any oral, written or electronically or                 |
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16|computer-generated lewd or indecent proposals to a minor child under   |
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17|the age of sixteen (16) as described in Section 1123 of Title 21 of    |
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18|the Oklahoma Statutes.                                                 |
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19|    SECTION 3.  This act shall become effective July 1, 2019.          |
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20|    SECTION 4.  It being immediately necessary for the preservation    |
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21|of the public peace, health or safety, an emergency is hereby          |
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22|declared to exist, by reason whereof this act shall take effect and    |
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23|be in full force from and after its passage and approval.              |
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arsid1992142 SB576 HFLR                                            Page 9
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 1|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/10/2019   |
  |- DO PASS, As Amended.                                                 |
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arsid1992142 SB576 HFLR                                            Page 10
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