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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1089 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to determination of competency;
7 amending 22 O.S. 2021, Section 1175.2, which relates
8 to application and suspension of criminal
8 proceedings; directing court to conduct competency
9 proceedings for persons accused of certain crimes;
9 establishing procedures for court to conduct
10 competency proceedings for persons found to be
10 incompetent and dangerous and accused of certain
11 crimes; requiring finding of clear and convincing
11 evidence for certain determinations; granting
12 standing to Office of Public Guardian under certain
12 circumstances; requiring dismissal of case upon
13 certain findings; requiring continuation of
13 suspension of criminal proceedings upon certain
14 finding; prohibiting release of certain persons for
14 specified time period; requiring certain reporting
15 from Department of Mental Health and Substance Abuse
15 Services to the district court; establishing
16 procedures for person determined to have regained
16 competency; requiring review hearings at specified
17 intervals; requiring release of person under certain
17 circumstances; updating statutory language; providing
18 for codification; and providing an effective date.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.2, is
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23 amended to read as follows:
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Req. No. 212 Page 1
1 Section 1175.2. A. No person shall be subject to any criminal
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2 procedures after the person is determined to be incompetent except
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3 as provided in Sections 1175.1 through 1175.8 and Section 2 of this
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4 act of this title. The question of the incompetency of a person may
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5 be raised by the person, the attorney for the person whose
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6 competency is in question, or the district attorney, by an
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7 application for determination of competency. The application for
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8 determination of competency shall allege that the person is
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9 incompetent to undergo further proceedings, and shall state facts
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10 sufficient to raise a doubt as to the competency of the person. The
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11 court, at any time, may initiate a competency determination on its
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12 own motion, without an application, if the court has a doubt as to
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13 the competency of the person.
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14 If the court so initiates such an application, it may appoint
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15 the district attorney for the purpose of proceeding with the
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16 application. If the district attorney opposes the application of
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17 the court, and by reason of a conflict of interest could not
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18 represent the court as applicant, then the court shall appoint
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19 private counsel. Said The private counsel shall be reasonably
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20 compensated by the court fund.
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21 B. A copy of the application for determination of competency
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22 and a notice, as hereinafter described, in this section shall be
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23 served personally at least one (1) day before the first hearing on
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Req. No. 212 Page 2
1 the application for a competency determination. The notice shall
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2 contain the following information:
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3 1. The definition provided by Section 1175.1 of this title of
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4 competency and incompetency;
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5 2. That, upon request, the hearing on the application may be
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6 conducted as a jury trial as provided in Section 1175.4 of this
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7 title;
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8 3. That the petitioner and any witnesses identified in the
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9 application may offer testimony under oath at the hearings on the
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10 petition and that the defendant may not be called to testify against
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11 the defendant's will, unless the application is initiated by the
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12 defendant;
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13 4. That if the person whose competency is in question does not
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14 have an attorney, the court will appoint an attorney for the person
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15 who shall represent the person until final disposition of the case;
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16 5. That if the person whose competency is in question is
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17 indigent or poor, the court will pay the attorney fees; and
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18 6. That the person whose competency is in question shall be
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19 afforded such other rights as are guaranteed by state and federal
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20 law and that such rights include a trial by jury, if demanded. The
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21 notice shall be served upon the person whose competency is in
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22 question, upon the person's father, mother, husband, or wife or, in
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23 their absence, someone of the next of kin, of full age, if any said
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24 persons are known to be residing within the county, and upon any of
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1 said relatives residing outside of the county, and within the state,
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2 as may be ordered by the court, and also upon the person with whom
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3 the person whose competency is in question may reside, or at whose
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4 house the person may be. The person making such service shall make
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5 affidavit of the same and file such notice, with proof of service,
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6 with the district court. This notice may be served in any part of
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7 this state.
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8 C. Any criminal proceedings against a person whose competency
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9 is in question shall be suspended pending the determination of the
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10 competency of the person.
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11 D. Notwithstanding the provisions of Sections 1175.1 through
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12 1175.8 of this title, if a person whose competency is in question is
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13 charged with or accused of a felony offense listed in Section 13.1
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14 of Title 21 of the Oklahoma Statutes or a violent crime listed in
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15 Section 571 of Title 57 of the Oklahoma Statutes, the court shall
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16 proceed as provided in Section 2 of this act.
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17 SECTION 2. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 1175.9 of Title 22, unless there
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19 is created a duplication in numbering, reads as follows:
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20 A. If a person is:
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21 1. Found to be incompetent as provided by Section 1175.5 of
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22 Title 22 of the Oklahoma Statutes;
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23 2. Found to be dangerous as defined by Section 1175.1 of Title
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24 22 of the Oklahoma Statutes; and
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1 3. Charged with a felony offense listed in Section 13.1 of
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2 Title 21 of the Oklahoma Statutes or a violent crime listed in
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3 Section 571 of Title 57 of the Oklahoma Statutes,
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4 the district court acting as finder of fact shall conduct a hearing
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5 to determine the sufficiency of the evidence. The prosecutor and
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6 the attorney for the person may introduce evidence relevant to the
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7 question of the person's guilt of the crime charged. The finding of
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8 clear and convincing evidence may be based upon hearsay evidence in
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9 whole or in part. In such cases where intellectual disability may
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10 be involved, the Office of Public Guardian shall have standing to
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11 participate in any stage of the proceedings.
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12 B. If the district court finds that there is not clear and
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13 convincing evidence to establish that the person committed a felony
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14 offense listed in Section 13.1 of Title 21 of the Oklahoma Statutes
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15 or a violent crime listed in Section 571 of Title 57 of the Oklahoma
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16 Statutes, the district court shall dismiss the criminal case without
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17 prejudice; provided, however, nothing in this section shall prevent
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18 the state from initiating civil commitment proceedings pursuant to
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19 Title 43A of the Oklahoma Statutes.
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20 C. If the district court finds by clear and convincing evidence
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21 that the person committed a felony offense listed in Section 13.1 of
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22 Title 21 of the Oklahoma Statutes or a violent crime listed in
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23 Section 571 of Title 57 of the Oklahoma Statutes, and enters a
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24 finding that the person is incompetent to proceed and is dangerous:
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1 1. The district court shall continue the suspension of the
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2 criminal proceedings, and the person shall remain in the custody of
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3 the Department of Mental Health and Substance Abuse Services or
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4 designee for treatment;
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5 2. The person shall not be released or discharged by the
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6 Department or designee except:
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7 a. pursuant to an order of the district court which
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8 committed the person, or
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9 b. upon expiration of the period of time equal to the
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10 maximum sentence to which the person would have been
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11 subject had the person been convicted in a criminal
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12 proceeding of the felony offense listed in Section
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13 13.1 of Title 21 of the Oklahoma Statutes or the
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14 violent crime listed in Section 571 of Title 57 of the
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15 Oklahoma Statutes;
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16 3. The Department or designee shall make periodic reports to
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17 the district court as to the competency of the person. Significant
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18 changes in the person's conditions including, but not limited to,
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19 competency and dangerousness, shall be reported in writing to the
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20 district court, the office that filed the criminal petition, and the
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21 attorney for the person;
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22 4. The Board of Mental Health and Substance Abuse Services
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23 shall adopt rules and procedures to ensure that the status of
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24 persons involuntarily committed to the facilities of the Department
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1 for treatment by a district court pursuant to this section is
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2 reviewed at least once every three (3) months, and the Department
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3 shall take appropriate action based upon this review;
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4 5. If the person is determined by the Department or designee to
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5 have regained competency or is no longer dangerous, the court shall
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6 set a hearing date, which shall be as soon as practicable, but at
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7 least five (5) court days after service of notice to the office that
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8 filed the criminal petition and the attorney for the person. At the
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9 hearing, the district court shall determine by clear and convincing
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10 evidence the issues of competency and dangerousness:
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11 a. if the person is found to be competent, the criminal
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12 proceedings shall be resumed, or
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13 b. if the person is found to be incompetent and
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14 dangerous, the person shall be returned to the custody
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15 of the Department or designee for continued treatment;
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16 and
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17 6. The district court shall conduct a hearing upon notice to
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18 the parties and the Department or designee charged with treating the
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19 person, at least every two (2) years. At the hearing, the district
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20 court shall determine by clear and convincing evidence the issues of
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21 competency and dangerousness:
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22 a. if the person is found to be competent, the criminal
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23 proceedings shall be resumed, or
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1 b. if the person is found to be incompetent and
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2 dangerous, the person shall be returned to the custody
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3 of the Department or designee for treatment. The
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4 court shall review the person's competency and
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5 dangerousness at least every two (2) years until the
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6 expiration of the period of commitment equal to the
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7 maximum sentence to which the person would have been
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8 subject had he or she been convicted in a criminal
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9 proceeding of a felony offense listed in Section 13.1
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10 of Title 21 of the Oklahoma Statutes or a violent
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11 crime listed in Section 571 of Title 57 of the
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12 Oklahoma Statutes; provided, however, if the district
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13 court finds at any review hearing that the person is
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14 no longer dangerous, the person shall be released.
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15 SECTION 3. This act shall become effective November 1, 2025.
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17 60-1-212 TEK 1/16/2025 3:27:32 PM
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Req. No. 212 Page 8Every fact on this page links to its source, starting with the official bill record.