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Oklahoma Legislature· HB 3889Second Reading referred to Rules

An act relating to sex offenders, the official text

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1                              STATE OF OKLAHOMA

2          2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3889               By: Cantrell

4

5

6                               AS INTRODUCED

7   An Act relating to sex offenders; amending 57 O.S.

    2021, Section 584, which relates to the Oklahoma Sex

8   Offenders Registration Act; requiring disclosure of

    certain conviction information on social networking

9   websites; defining term; and providing an effective

    date.

10

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  57 O.S. 2021, Section 584, is

15 amended to read as follows:

16  Section 584. A. Any registration with the Department of

17 Corrections required by the Sex Offenders Registration Act shall be

18 in a form approved by the Department and shall include the following

19 information about the person registering:

20  1. The name of the person and all aliases used or under which

21 the person has been known;

22  2. A complete description of the person, including a photograph

23 and fingerprints, and when requested by the Department of

24 Corrections, such registrant shall submit to a blood or saliva test

    Req. No. 15260                                             Page 1
1 for purposes of a deoxyribonucleic acid (DNA) profile. Submission

2 to testing for individuals registering shall be within thirty (30)

3 days of registration. Registrants who already have valid samples on

4 file in the Oklahoma State Bureau of Investigation (OSBI) DNA

5 Offender Database shall not be required to submit duplicate samples

6 for testing;

7   3. The offenses listed in Section 582 of this title for which

8 the person has been convicted or the person received a suspended

9 sentence or any form of probation, where the offense was committed,

10 where the person was convicted or received the suspended sentence or

11 any form of probation, and the name under which the person was

12 convicted or received the suspended sentence or probation;

13  4. The name and location of each hospital or penal institution

14 to which the person was committed for each offense listed in Section

15 582 of this title;

16  5. Where the person previously resided, where the person

17 currently resides including a mappable address and a zip ZIP code,

18 how long the person has resided there, how long the person expects

19 to reside there, and how long the person expects to remain in the

20 county and in this state. The address of the residence shall be a

21 physical address, not a post office box. The Department of

22 Corrections shall conduct address verification of each registered

23 sex offender as follows:

24

    Req. No. 15260                                                 Page 2
1  a. on an annual basis, if the numeric risk level of the

2  person is one,

3  b. on a semiannual basis, if the numeric risk level of

4  the person is two, or

5  c. every ninety (90) days, if the offender has been

6  determined to be a habitual or aggravated sex offender

7  by the Department of Corrections or has been assigned

8  a level assignment of three.

9 The Department of Corrections shall mail a nonforwardable

10 verification form to the last-reported address of the person. The

11 person shall return the verification form in person to the local law

12 enforcement authority of that jurisdiction within ten (10) days

13 after receipt of the form and may be photographed by the local law

14 enforcement authority at that time; provided that the person shall

15 be photographed by the local law enforcement authority at that time

16 if the photograph in the Department of Corrections sex offender

17 registry is more than one (1) year old, or if it cannot be

18 determined when the photograph in the registry was taken. The local

19 law enforcement authority shall require the person to produce proof

20 of the identity of the person and a current mappable address with a

21 zip ZIP code. Upon confirming the information contained within the

22 verification form, the local law enforcement authority shall forward

23 a copy of the form to the Department of Corrections, in a manner

24 approved by the Department of Corrections, within three (3) days

   Req. No. 15260                                                   Page 3
 1 after receipt of the form. The verification form shall be signed by
 2 the person and state the current address of the person. In the
 3 absence of receipt of the mailed verification form by the offender,
 4 the offender must continue to comply with the reporting requirements
 5 as provided in this paragraph. The offender should report as
 6 required to the local law enforcement agency for current address
 7 verification. The Department of Corrections will provide an
 8 alternative address verification form to local law enforcement for
 9 conformity. Failure to return the verification form or report as
10 required shall be a violation of the Sex Offenders Registration Act.
11 The Department of Corrections shall notify the office of the
12 district attorney and local law enforcement authority of the
13 appropriate county, within forty-five (45) days if unable to verify
14 the address of a sex offender. A local law enforcement authority
15 may notify the office of the district attorney whenever it comes to
16 the attention of the local law enforcement authority that a sex
17 offender is not in compliance with any provisions of Section 581 et
18 seq. of this title. A local law enforcement authority designated as
19 the primary registration authority of the person may, at any time,
20 mail a nonforwardable verification form to the last-reported address
21 of the person. The person shall return the verification form in
22 person to the local law enforcement authority that mailed the form
23 within ten (10) days after receipt of the form. The local law
24 enforcement authority shall require the person to produce proof of

Req. No. 15260  Page 4
1 the identity of the person and a current mappable address with a zip

2 ZIP code;

3   6. The name and address of any school where the person expects

4 to become or is enrolled or employed for any length of time;

5   7. A description of all occupants residing with the person

6 registering, including, but not limited to, name, date of birth,

7 gender, relation to the person registering, and how long the

8 occupant has resided there;

9   8. The level assignment of the person; and

10  9. Any electronic mail address information, instant message,

11 chat or other Internet communication name or identity information

12 that the person uses or intends to use while accessing the Internet

13 or used for other purposes of social networking or other similar

14 Internet communication.

15  B. Conviction data and fingerprints shall be promptly

16 transmitted at the time of registration to the Oklahoma State Bureau

17 of Investigation (OSBI) and the Federal Bureau of Investigation

18 (FBI) if the state has not previously sent the information at the

19 time of conviction.

20  C. Any person subject to the provisions of the Sex Offenders

21 Registration Act or the Mary Rippy Violent Crime Offenders

22 Registration Act, who has an out-of-state conviction that requires

23 registration, shall provide the local law enforcement authority

24 where the offender intends to reside with a certified copy of the

    Req. No. 15260                                                  Page 5
1 offender's judgment and sentencing report within sixty (60) days of

2 the offender's initial registration with this state. If an offender

3 moves to a different location in this state outside of the

4 jurisdiction of the law enforcement authority that has a certified

5 copy of the judgment and sentencing report, the offender shall

6 provide the local law enforcement authority of the new location

7 where the offender intends to reside with a certified copy of the

8 judgment and sentencing report within sixty (60) days of

9 establishing residency in the new location.

10  On or after November 1, 2011, the Department of Corrections

11 shall notify by regular first-class mail to the registered addresses

12 in the sex offender registry all offenders required to register in

13 this state that have an out-of-state conviction to obtain a

14 certified copy of the offender's judgment and sentencing report and

15 file it with the local law enforcement authority in which the

16 offender resides within one hundred twenty (120) days of receipt of

17 the mailed notice.

18  D. The registration with the local law enforcement authority

19 required by the Sex Offenders Registration Act shall be in a form

20 approved by the local law enforcement authority and shall include

21 the following information about the person registering:

22  1. The full name of the person, alias, date of birth, sex,

23 race, height, weight, eye color, social security Social Security

24 number, driver license number, and a mappable home address with a

    Req. No. 15260                                                 Page 6
1 zip ZIP code. The home address shall be a physical address, not a

2 post office box;

3   2. A description of the offense for which the offender was

4 convicted, the date of the conviction, and the sentence imposed, if

5 applicable;

6   3. A photocopy of the driver license of the person;

7   4. The level assignment of the person.

8   For purposes of this section, "local law enforcement authority"

9 means:

10        a. the municipal police department, if the person resides

11             or intends to reside or stay within the jurisdiction

12             of any municipality of this state, or

13        b. the county sheriff, if the person resides or intends

14             to reside or stay at any place outside the

15             jurisdiction of any municipality within this state,

16             and

17        c. the police or security department of any institution

18             of higher learning within this state if the person:

19             (1) enrolls as a full-time or part-time student,

20             (2) is a full-time or part-time employee at an

21                  institution of higher learning, or

22             (3) resides or intends to reside or stay on any

23                  property owned or controlled by the institution

24                  of higher learning; and

    Req. No. 15260                                              Page 7
1   5. Any electronic mail address information, instant message,

2 chat or other Internet communication name or identity information

3 that the person uses or intends to use while accessing the Internet

4 or used for other purposes of social networking or other similar

5 Internet communication.

6   E. Any person subject to the provisions of the Sex Offenders

7 Registration Act who changes address, employment or student

8 enrollment status shall appear in person and give notification to

9 the local law enforcement authority of the change of address and the

10 new mappable address with zip ZIP code, the change of employment or

11 the change of student enrollment status no later than three (3)

12 business days prior to the abandonment of or move from the current

13 address or, in the case of change of employment or student

14 enrollment, within three (3) business days of such change. The

15 address given to the local law enforcement authority shall be a

16 physical address, not a post office box. If the new address,

17 employment or student enrollment is under the jurisdiction of a

18 different local law enforcement authority:

19  1. The local law enforcement authority shall notify the

20 Department of Corrections and the new local law enforcement

21 authority by teletype or electronic transmission of the change of

22 address, employment or student enrollment status;

23  2. The offender shall notify the new local law enforcement

24 authority of any previous registration; and

    Req. No. 15260                                                  Page 8
1   3. The new local law enforcement authority shall notify the

2 most recent registering agency by teletype or electronic

3 transmission of the change in address, employment or student

4 enrollment status of the offender. If the new address is in another

5 state, the Department of Corrections shall promptly notify the

6 agency responsible for registration in that state of the new address

7 of the offender.

8   F. Any person registered as a sex offender, pursuant to the Sex

9 Offenders Registration Act, who has provided a post office box as an

10 address shall be contacted by local law enforcement and required to

11 provide a physical address.

12  G. Any person subject to the provisions of the Sex Offenders

13 Registration Act who is unable to provide a mappable address with a

14 zip ZIP code to the Department of Corrections or local law

15 enforcement authority as required in subsections A, C and D of this

16 section and registers as a transient shall report in person to the

17 nearest local law enforcement authority every seven (7) days and

18 provide to the local law enforcement authority the approximate

19 location of where the person is staying and where the person plans

20 to stay.

21  H. Any person subject to the provisions of the Sex Offenders

22 Registration Act who resides with a minor child must report to the

23 statewide centralized hotline of the Department of Human Services

24 the name and date of birth of any and all minor children residing in

    Req. No. 15260                                                 Page 9
1 the same household and the offenses for which the person is required

2 to register pursuant to the Sex Offenders Registration Act within

3 three (3) days of intent to reside with a minor child.

4   I. The Department of Corrections shall maintain a file of all

5 sex offender registrations. A copy of the information contained in

6 the registration shall promptly be available to state, county and

7 municipal law enforcement agencies, the State Superintendent of

8 Public Instruction, the State Commissioner of Health, and the

9 National Sex Offender Registry maintained by the Federal Bureau of

10 Investigation, unless otherwise prohibited by law. The file shall

11 promptly be made available for public inspection or copying pursuant

12 to rules prescribed by the Department of Corrections and may be made

13 available through Internet access, unless otherwise prohibited by

14 law. The Department of Corrections shall promptly provide all

15 municipal police departments, all county sheriff departments and all

16 campus police departments a list of those sex offenders registered

17 and living in their county.

18  J. 1. The Department of Corrections shall, upon the request of

19 any Internet entity, release to such entity any information required

20 pursuant to paragraph 9 of subsection A of this section or paragraph

21 5 of subsection D of this section that would enable the Internet

22 entity to prescreen or remove sex offenders from its services or, in

23 conformity with state and federal law, advise law enforcement or

24 other governmental entities of potential violations of law or

    Req. No. 15260                                                Page 10
1 threats to public safety. Before releasing information to an

2 Internet entity the Department shall require an Internet entity that

3 requests information to submit to the Department the name, address

4 and telephone number of such entity and the specific legal nature

5 and corporate status of such entity. Except for the purposes

6 specified in this subsection, an Internet entity shall not publish

7 or in any way disclose or redisclose any information provided to it

8 by the Department pursuant to this subsection. The Department shall

9 update any information released pursuant to this subsection on a

10 monthly basis to ensure that the information of every individual

11 that has been removed from the sex offender registry in this state

12 is no longer released pursuant to this subsection. The Department

13 may charge the Internet entity a fee for access to information

14 pursuant to this subsection. The Department shall promulgate any

15 rules necessary to implement the provisions of this subsection. As

16 used in this subsection "Internet entity" means any business,

17 organization or other entity providing or offering a service over

18 the Internet which permits persons under eighteen (18) years of age

19 to access, meet, congregate or communicate with other users for the

20 purpose of social networking. This definition shall not include

21 general e-mail email services.

22  2. Any person subject to the provisions of the Sex Offenders

23 Registration Act who is otherwise not prohibited from using a

24 networking website and who creates a profile or who uses the

    Req. No. 15260                                                 Page 11
1 functionality of a networking website to contact or attempt to

2 contact other networking website users, shall include in his or her

3 profile for the networking website an indication that he or she is a

4 sex offender and shall include notice of the crime for which the

5 person was convicted, the jurisdiction of conviction, and

6 residential address. The person shall ensure that this information

7 is displayed in his or her profile for the networking website and

8 that such information is visible to, or is able to be viewed by,

9 other users and visitors of the networking website.

10  For purposes of this paragraph, "networking website" means an

11 Internet website, the purpose of which is social interaction with

12 other networking website users, which contains profile web pages of

13 the users of the website that include the names or nicknames of such

14 users, that allows photographs and any other personal or personally

15 identifying information to be placed on the profile web pages by

16 such users, and which provides links to other profile web pages on

17 the networking website of friends or associates of such users that

18 can be accessed by other users or visitors to the website. A

19 networking website also provides users and visitors of the

20 networking website the ability to leave messages or comments on the

21 profile web page that are visible to all or some visitors to the

22 profile web page and may also include a form of electronic mail for

23 users of the networking website. A networking website shall not

24 include any of the following:

    Req. No. 15260                                                Page 12
1   a. an Internet website, the primary purpose of which is

2   the facilitation of commercial transactions involving

3   goods or services between its members or visitors,

4   b. an Internet website, the primary purpose of which is

5   the dissemination of news, or

6   c. an Internet website of a governmental entity.

7   K. The Superintendent of Public Instruction is authorized to

8 copy and shall distribute information from the sex offender registry

9 to school districts and individual public and private schools within

10 the state with a notice using the following or similar language: "A

11 person whose name appears on this registry has been convicted of a

12 sex offense. Continuing to employ a person whose name appears on

13 this registry may result in civil liability for the employer or

14 criminal prosecution pursuant to Section 589 of Title 57 of the

15 Oklahoma Statutes."

16  L. The State Commissioner of Health is authorized to distribute

17 information from the sex offender registry to any nursing home or

18 long-term care facility. Nothing in this subsection shall be deemed

19 to impose any liability upon or give rise to a cause of action

20 against any person, agency, organization, or company for failing to

21 release information in accordance with the Sex Offenders

22 Registration Act.

23  M. Each local law enforcement authority shall make its sex

24 offender registry available upon request, without restriction, at a

    Req. No. 15260                                                 Page 13
1 cost that is no more than what is charged for other records provided

2 by the local law enforcement authority pursuant to the Oklahoma Open

3 Records Act.

4   When a local law enforcement authority sends a copy of or

5 otherwise makes the sex offender registry available to any public or

6 private school offering any combination of prekindergarten through

7 twelfth grade classes or child care facility licensed by the state,

8 the agency shall provide a notice using the following or similar

9 language: "A person whose name appears on this registry has been

10 convicted of a sex offense. Continuing to employ a person whose

11 name appears on this registry may result in civil liability for the

12 employer or criminal prosecution pursuant to Section 589 of Title 57

13 of the Oklahoma Statutes."

14  N. Samples of blood or saliva for DNA testing required by

15 subsection A of this section shall be taken by employees or

16 contractors of the Department of Corrections. The individuals shall

17 be properly trained to collect blood or saliva samples. Persons

18 collecting samples for DNA testing pursuant to this section shall be

19 immune from civil liabilities arising from this activity. The

20 Department of Corrections shall ensure the collection of samples is

21 mailed to the Oklahoma State Bureau of Investigation (OSBI) within

22 ten (10) days of the time the subject appears for testing. The

23 Department shall use sample kits provided by the OSBI and procedures

24 promulgated by the OSBI. Persons subject to DNA testing pursuant to

    Req. No. 15260                                                Page 14
1 this section shall be required to pay to the Department of

2 Corrections a fee of Fifteen Dollars ($15.00). Any fees collected

3 pursuant to this subsection shall be deposited in the Department of

4 Corrections revolving account.

5   O. 1. Any person who has been convicted of or received a

6 suspended sentence or any probationary term, including a deferred

7 sentence imposed in violation of subsection G of Section 991c of

8 Title 22 of the Oklahoma Statutes, for any crime listed in Section

9 582 of this title and:

10  a. who is subsequently convicted of a crime or an attempt

11            to commit a crime listed in subsection A of Section

12            582 of this title, or

13  b. who enters this state after November 1, 1997, and who

14            has been convicted of an additional crime or attempted

15            crime which, if committed or attempted in this state,

16            would be a crime or an attempt to commit a crime

17            provided for in subsection A of Section 582 of this

18            title,

19 shall be subject to all of the registration requirements of the Sex

20 Offenders Registration Act and shall be designated by the Department

21 of Corrections as a habitual sex offender. A habitual sex offender

22 shall be required to register for the lifetime of the habitual sex

23 offender.

24

    Req. No. 15260                                              Page 15
1   2. On or after November 1, 1999, any person who has been

2 convicted of a crime or an attempt to commit a crime, received a

3 suspended sentence or any probationary term, including a deferred

4 sentence imposed in violation of subsection G of Section 991c of

5 Title 22 of the Oklahoma Statutes, for a crime provided for in

6 Section 843.5 of Title 21 of the Oklahoma Statutes, if the offense

7 involved sexual abuse or sexual exploitation as these terms are

8 defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes,

9 Section 885, 888, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma

10 Statutes shall be subject to all the registration requirements of

11 the Sex Offenders Registration Act and shall be designated by the

12 Department of Corrections as an aggravated sex offender. An

13 aggravated sex offender shall be required to register for the

14 lifetime of the aggravated sex offender.

15  3. Upon registration of any person designated as a habitual or

16 aggravated sex offender, pursuant to this subsection, a local law

17 enforcement authority shall notify, by any method of communication

18 it deems appropriate, anyone that the local law enforcement

19 authority determines appropriate, including, but not limited to:

20  a. the family of the habitual or aggravated sex offender,

21  b. any prior victim of the habitual or aggravated sex

22  offender,

23  c. residential neighbors and churches, community parks,

24  schools, convenience stores, businesses and other

    Req. No. 15260                                                Page 16
1   places that children or other potential victims may

2   frequent, and

3   d. a nursing facility, a specialized facility, a

4   residential care home, a continuum-of-care facility,

5   an assisted living center, and an adult day care

6   facility.

7   4. The notification may include, but is not limited to, the

8 following information:

9   a. the name and physical address of the habitual or

10  aggravated sex offender,

11  b. a physical description of the habitual or aggravated

12  sex offender, including, but not limited to, age,

13  height, weight and eye and hair color,

14  c. a description of the vehicle that the habitual or

15  aggravated sex offender is known to drive,

16  d. any conditions or restrictions upon the probation,

17  parole or conditional release of the habitual or

18  aggravated sex offender,

19  e. a description of the primary and secondary targets of

20  the habitual or aggravated sex offender,

21  f. a description of the method of offense of the habitual

22  or aggravated sex offender,

23  g. a current photograph of the habitual or aggravated sex

24  offender,

    Req. No. 15260                                       Page 17
1   h. the name and telephone number of the probation or

2   parole officer of the habitual or aggravated sex

3   offender, and

4   i. the level assignment of the person.

5   5. The local law enforcement authority shall make the

6 notification provided for in this subsection regarding a habitual or

7 aggravated sex offender available to any person upon request.

8   P. If the probation and parole officer supervising a person

9 subject to registration receives information to the effect that the

10 status of the person has changed in any manner that affects proper

11 supervision of the person including, but not limited to, a change in

12 the physical health of the person, address, employment, or

13 educational status, higher educational status, incarceration, or

14 terms of release, the supervising officer or administrator shall

15 notify the appropriate local law enforcement authority or

16 authorities of that change.

17  Q. Public officials, public employees, and public agencies are

18 immune from civil liability for good faith conduct under any

19 provision of the Sex Offenders Registration Act.

20  1. Nothing in the Sex Offenders Registration Act shall be

21 deemed to impose any liability upon or to give rise to a cause of

22 action against any public official, public employee, or public

23 agency for releasing information to the public or for failing to

24

    Req. No. 15260                                                 Page 18
1 release information in accordance with the Sex Offenders

2 Registration Act.

3   2. Nothing in this section shall be construed to prevent law

4 enforcement officers from notifying members of the public of any

5 persons that pose a danger under circumstances that are not

6 enumerated in the Sex Offenders Registration Act.

7   SECTION 2. This act shall become effective November 1, 2026.

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9   60-2-15260       GRS  12/30/25

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    Req. No. 15260                                             Page 19
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