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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1810 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to human trafficking; amending 21
7 O.S. 2021, Section 748, as last amended by Section
8 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
8 Section 748), which relates to human trafficking;
9 requiring admissibility of certain expert testimony;
9 amending 74 O.S. 2021, Sections 18p-1, as amended by
10 Section 2, Chapter 453, O.S.L. 2024, 18p-3, 18p-4,
10 18p-5, 18p-6, 18p-7, and 18p-8 (74 O.S. Supp. 2025,
11 Section 18p-1), which relate to domestic violence and
11 sexual assault programs and services; modifying
12 definition; authorizing Attorney General to enter
12 into agreements for services for victims of human
13 trafficking; providing for confidentiality of certain
13 information; authorizing human trafficking shelters
14 to provide certain services; expanding certain
14 telephone communication service to victims of human
15 trafficking; requiring Attorney General to promulgate
15 rules for certification of human trafficking programs
16 and services; requiring certification of certain
16 shelters and programs by the Attorney General;
17 authorizing Attorney General or district attorney to
17 bring certain actions; authorizing Attorney General
18 to collect certain information; updating statutory
18 language; and providing an effective date.
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19
20
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. AMENDATORY 21 O.S. 2021, Section 748, as last
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23 amended by Section 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
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24 Section 748), is amended to read as follows:
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1 Section 748. A. As used in Sections 748 this section and
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2 Section 748.2 of this title:
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3 1. "Coercion" means compelling, forcing, or intimidating a
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4 person to act by:
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5 a. threats of harm or physical restraint against any
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6 person,
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7 b. any act, scheme, plan, or pattern intended to cause a
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8 person to believe that performing, or failing to
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9 perform, an act would result in serious physical,
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10 financial, or emotional harm or distress to or
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11 physical restraint against any person,
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12 c. the abuse or threatened abuse of the law or legal
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13 process,
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14 d. knowingly destroying, concealing, removing,
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15 confiscating, or possessing any actual or purported
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16 passport, labor or immigration document, or other
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17 government identification document, including, but not
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18 limited to, a driver license or birth certificate, of
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19 another person,
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20 e. facilitating or controlling a person's access to any
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21 addictive or controlled substance other than for legal
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22 medical purposes,
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23 f. blackmail,
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1 g. demanding or claiming money, goods, or any other thing
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2 of value from or on behalf of a prostituted person
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3 where such demand or claim arises from or is directly
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4 related to the act of prostitution,
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5 h. determining, dictating, or setting the times at which
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6 another person will be available to engage in an act
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7 of prostitution with a third party,
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8 i. determining, dictating, or setting the places at which
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9 another person will be available for solicitation of,
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10 or to engage in, an act of prostitution with a third
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11 party, or
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12 j. determining, dictating, or setting the places at which
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13 another person will reside for purposes of making such
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14 person available to engage in an act of prostitution
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15 with a third party;
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16 2. "Commercial sex" means any form of commercial sexual
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17 activity such as sexually explicit performances, prostitution,
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18 participation in the production of pornography, performance in a
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19 strip club, or exotic dancing or display;
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20 3. "Debt bondage" means the status or condition of a debtor
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21 arising from a pledge by the debtor of his or her personal services
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22 or of those of a person under his or her control as a security for
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23 debt if the value of those services as reasonably assessed is not
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1 applied toward the liquidation of the debt or the length and nature
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2 of those services are not respectively limited and defined;
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3 4. "Human trafficking" means modern-day slavery that includes,
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4 but is not limited to, extreme exploitation and the denial of
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5 freedom or liberty of an individual for purposes of deriving benefit
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6 from that individual's commercial sex act or labor;
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7 5. "Human trafficking for labor" means:
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8 a. recruiting, enticing, harboring, maintaining,
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9 transporting, providing, or obtaining, by any means,
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10 another person through deception, force, fraud,
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11 threat, or coercion or for purposes of engaging the
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12 person in labor, or
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13 b. benefiting, financially or by receiving anything of
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14 value, from participation in a venture that has
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15 engaged in an act of trafficking for labor;
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16 6. "Human trafficking for commercial sex" means:
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17 a. recruiting, enticing, harboring, maintaining,
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18 transporting, providing, or obtaining, by any means,
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19 another person through deception, force, fraud,
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20 threat, or coercion for purposes of engaging the
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21 person in a commercial sex act,
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22 b. recruiting, enticing, harboring, maintaining,
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23 transporting, providing, purchasing, or obtaining, by
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1 any means, a minor for purposes of engaging the minor
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2 in a commercial sex act, or
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3 c. benefiting, financially or by receiving anything of
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4 value, from participating in a venture that has
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5 engaged in an act of trafficking for commercial sex;
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6 7. "Legal process" means the criminal law, the civil law, or
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7 the regulatory system of the federal government, any state,
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8 territory, district, commonwealth, or trust territory therein, and
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9 any foreign government or subdivision thereof and includes legal
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10 civil actions, criminal actions, and regulatory petitions or
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11 applications;
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12 8. "Minor" means an individual under eighteen (18) years of
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13 age; and
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14 9. "Victim" means a person against whom a violation of any
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15 provision of this section has been committed.
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16 B. It shall be unlawful to knowingly engage in human
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17 trafficking.
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18 C. Any person violating the provisions of this section shall,
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19 upon conviction, be guilty of a Class A2 felony offense punishable
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20 by a fine not more than One Hundred Thousand Dollars ($100,000.00),
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21 by imprisonment in the custody of the Department of Corrections for
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22 a term of not less than five (5) years or for life, or by a fine of
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23 not more than One Hundred Thousand Dollars ($100,000.00), or by both
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24 such fine and imprisonment. Any person violating the provisions of
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1 this section where the victim of the offense is under eighteen (18)
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2 years of age at the time of the offense shall, upon conviction, be
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3 guilty of a Class A2 felony offense punishable by a fine not more
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4 than Two Hundred Fifty Thousand Dollars ($250,000.00), by
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5 imprisonment in the custody of the Department of Corrections for a
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6 term of not less than fifteen (15) years or for life, or by a fine
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7 of not more than Two Hundred Fifty Thousand Dollars ($250,000.00),
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8 or by both such fine and imprisonment. The court shall also order
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9 the defendant to pay restitution to the victim as provided in
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10 Section 991f of Title 22 of the Oklahoma Statutes. If the person is
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11 convicted of human trafficking, the person shall serve eighty-five
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12 percent (85%) of the sentence before being eligible for parole
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13 consideration or any earned credits. The terms of imprisonment
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14 specified in this subsection shall not be subject to statutory
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15 provisions for suspension, deferral, or probation, or state
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16 correctional institution earned credits accruing from and after
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17 November 1, 1989, except for the achievement earned credits
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18 authorized by subsection H of Section 138 of Title 57 of the
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19 Oklahoma Statutes. To qualify for such achievement earned credits,
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20 such inmates must also be in compliance with the standards for Class
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21 level 2 behavior, as defined in subsection D of Section 138 of Title
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22 57 of the Oklahoma Statutes.
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23 D. It is an affirmative defense to prosecution for a criminal,
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24 youthful offender, or delinquent offense that, during the time of
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1 the alleged commission of the offense, the defendant or alleged
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2 youthful offender or delinquent was a victim of human trafficking.
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3 E. The consent of a victim to the activity prohibited by this
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4 section shall not constitute a defense.
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5 F. Lack of knowledge of the age of the victim shall not
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6 constitute a defense to the activity prohibited by this section with
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7 respect to human trafficking of a minor.
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8 G. In an action in a court of this state, if a party offers
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9 evidence of human trafficking, testimony of an expert witness
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10 including, but not limited to, the effect of such human trafficking
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11 on the beliefs, behavior, and perception of the person being
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12 trafficked shall be admissible as evidence.
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13 SECTION 2. AMENDATORY 74 O.S. 2021, Section 18p-1, as
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14 amended by Section 2, Chapter 453, O.S.L. 2024 (74 O.S. Supp. 2025,
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15 Section 18p-1), is amended to read as follows:
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16 Section 18p-1. A. There is hereby created within the Office of
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17 the Attorney General a Victims Services Unit.
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18 B. The duty of the Unit unit is to provide services for persons
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19 who require domestic violence, human trafficking, or sexual assault
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20 services through a domestic violence, human trafficking, or sexual
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21 assault program.
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22 C. As used in this act, "domestic violence program", "human
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23 trafficking program", or "sexual assault program" means an agency,
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24 organization, facility, or person that offers, provides or engages
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1 in the offering of any shelter, residential services or support
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2 services to:
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3 1. Victims or survivors of domestic abuse as defined in Section
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4 60.1 of Title 22 of the Oklahoma Statutes, any dependent children of
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5 such victim or survivor, and any other member of the family or
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6 household of such victim or survivor;
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7 2. Victims or survivors of sexual assault;
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8 3. Persons who are homeless as a result of domestic abuse or
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9 sexual assault or both domestic abuse and sexual assault; and
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10 4. Victims of stalking; and
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11 5. Victims of human trafficking,
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12 and which may provide other services including, but not limited to,
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13 counseling, case management, referrals or other similar services to
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14 victims or survivors of domestic abuse, sexual assault, human
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15 trafficking, or stalking.
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16 D. As used in this act, "batterers intervention program" or
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17 "batterers treatment program" means an agency, organization,
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18 facility, or person who offers, provides or engages in the offering
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19 of counseling or intervention services to persons who commit
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20 domestic abuse.
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21 E. For any county in which there is more than one sexual
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22 assault program, domestic violence program, human trafficking
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23 program, or batterers intervention program and one or more of the
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24 programs operates a shelter program, only the program or programs
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1 operating a shelter program shall receive grants or funding from the
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2 Victim Services Unit collected pursuant to subsection F of Section
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3 153 of Title 28 of the Oklahoma Statutes and Section 2368.22 of
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4 Title 68 of the Oklahoma Statutes.
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5 SECTION 3. AMENDATORY 74 O.S. 2021, Section 18p-3, is
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6 amended to read as follows:
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7 Section 18p-3. A. The Attorney General is hereby authorized
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8 and directed to enter into agreements and to contract for the
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9 shelter and other services that are needed for victims of domestic
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10 abuse, sexual assault, human trafficking, or batterers intervention
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11 programs. Any domestic violence, sexual assault, human trafficking,
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12 or batterers intervention program providing services pursuant to
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13 certification by the Attorney General or a contract or subcontract
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14 with the Attorney General and receiving funds from the Attorney
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15 General or any contractor with the Attorney General shall be subject
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16 to the provisions of the administrative rules of the Attorney
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17 General.
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18 B. 1. Except as otherwise provided by paragraph 3 of this
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19 subsection, the case records, case files, case notes, client
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20 records, or similar records of a domestic violence, human
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21 trafficking, or sexual assault program certified by the Attorney
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22 General or of any employee or trained volunteer of a program
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23 regarding an individual who is residing or has resided in such
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24 program or who has otherwise utilized or is utilizing the services
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1 of any domestic violence or sexual assault program or counselor
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2 shall be confidential and shall not be disclosed.
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3 2. For purposes of this subsection, the term "client records"
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4 shall include, but not be limited to, all communications, records,
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5 and information regarding clients of domestic violence and sexual
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6 assault programs.
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7 3. The case records, case files, or case notes of programs
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8 specified in paragraph 1 of this subsection shall be confidential
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9 and shall not be disclosed except with the written consent of the
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10 individual, or in the case of the individual's death or disability,
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11 of the individual's personal representative or other person
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12 authorized to sue on the individual's behalf or by court order for
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13 good cause shown by the judge in camera.
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14 C. The district court shall not order the disclosure of the
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15 address of a domestic violence shelter, the location of any person
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16 seeking or receiving services from a domestic violence or sexual
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17 assault program, or any other information which is required to be
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18 kept confidential pursuant to subsection B of this section.
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19 D. The home address, personal telephone numbers and social
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20 security number of board members, staff and volunteers of certified
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21 domestic violence and sexual assault programs shall not be construed
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22 to be open records pursuant to the Oklahoma Open Records Act.
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23 SECTION 4. AMENDATORY 74 O.S. 2021, Section 18p-4, is
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24 amended to read as follows:
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1 Section 18p-4. A. As used in this section, "minor mother"
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2 means an unemancipated female under the age of eighteen (18) years
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3 of age who is pregnant or the biological parent of any child.
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4 B. A domestic violence or human trafficking shelter facility
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5 may provide shelter and care to a minor mother, who is the victim of
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6 domestic abuse or human trafficking or is seeking relief from
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7 domestic abuse for herself or on behalf of any of her children or
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8 both herself and any of her children.
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9 C. A domestic violence or human trafficking shelter facility
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10 may provide shelter or care only during an emergency constituting an
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11 immediate danger to the physical health or safety of the minor
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12 mother or her child or both the minor mother and any of her
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13 children. Such shelter or care shall not extend beyond thirty (30)
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14 days unless the facility receives an order issued by the court to
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15 continue such services or the parent or guardian of the minor mother
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16 consents to such services.
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17 D. The provisions of Section 856 of Title 21 of the Oklahoma
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18 Statutes shall not apply to any domestic violence or human
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19 trafficking shelter facility and any person operating such facility
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20 who in good faith is providing shelter and care pursuant to the
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21 provisions of this section to a minor mother and any of her children
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22 who is a runaway from her parent or legal guardian.
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23 E. The emergency custody hearing provided for in Section 1-4-
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24 202 of Title 10A of the Oklahoma Statutes shall be provided for a
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1 minor mother who is seeking relief from domestic abuse for herself
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2 or on behalf of any of the her children.
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3 SECTION 5. AMENDATORY 74 O.S. 2021, Section 18p-5, is
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4 amended to read as follows:
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5 Section 18p-5. The Office of the Attorney General shall be
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6 responsible for the development, maintenance and operation of a
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7 twenty-four-hour statewide telephone communication service for the
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8 victims of rape, forcible sodomy, human trafficking, and domestic
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9 violence. The purpose of the service is to provide information to
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10 such victim regarding any immediate action which should be taken by
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11 the victim, the social services available, and the legal rights and
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12 remedies of the victim.
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13 SECTION 6. AMENDATORY 74 O.S. 2021, Section 18p-6, is
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14 amended to read as follows:
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15 Section 18p-6. A. Effective July 1, 2005, all administrative
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16 rules promulgated by the Department of Mental Health and Substance
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17 Abuse Services relating to domestic violence and sexual assault
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18 programs shall be transferred to and become a part of the
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19 administrative rules of the Office of the Attorney General. The
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20 Office of Administrative Rules in the Secretary of State's office
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21 shall provide adequate notice in the Oklahoma Register of the
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22 transfer of such rules, and shall place the transferred rules under
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23 the Oklahoma Administrative Code section of the Attorney General.
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24 Such rules shall continue in force and effect as rules of the Office
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1 of the Attorney General from and after July 1, 2005, and any
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2 amendment, repeal or addition to the transferred rules shall be
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3 under the jurisdiction of the Attorney General.
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4 B. The Attorney General shall adopt and promulgate rules and
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5 standards for certification of batterers intervention, human
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6 trafficking, and domestic violence programs and for private
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7 facilities and organizations which offer domestic violence, human
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8 trafficking, and sexual assault services in this state. These
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9 facilities shall be known as "certified domestic violence shelters"
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10 or, "certified domestic violence programs" or, "certified sexual
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11 assault programs" or, "certified treatment programs for batterers",
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12 "certified human trafficking shelters", or "certified human
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13 trafficking programs", as applicable.
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14 C. Applications for certification as a certified domestic
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15 violence shelter, domestic violence program, human trafficking
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16 shelter, human trafficking program, sexual assault program or
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17 treatment program for batterers, pursuant to the provisions of this
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18 section, shall be made to the Office of the Attorney General on
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19 prescribed forms. The Attorney General may certify the shelter or
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20 program for a period of three (3) years subject to renewal as
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21 provided in the rules promulgated by the Attorney General. Nothing
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22 in this section shall preclude the Office of the Attorney General
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23 from making inspection visits to a shelter or program to determine
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24 contract or program compliance.
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1 D. Licensed physicians, licensed psychologists, licensed social
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2 workers, individual members of the clergy, licensed marital and
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3 family therapists, licensed behavioral practitioners, and licensed
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4 professional counselors shall be exempt from certification
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5 requirements; provided, however, these exemptions shall only apply
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6 to individual professional persons in private practice and not to
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7 any domestic violence program or sexual assault program operated by
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8 such person.
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9 E. Facilities providing services for persons who commit
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10 domestic abuse, victims or survivors of domestic abuse or sexual
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11 assault, victims or survivors of human trafficking, and any
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12 dependent children of such victims or survivors shall comply with
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13 standards promulgated by the Attorney General; provided, that the
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14 certification requirements and standards promulgated by the Attorney
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15 General shall not apply to programs and services offered by the
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16 State Department of Health, the Department of Mental Health and
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17 Substance Abuse Services, the Department of Corrections, or the
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18 Department of Human Services. The batterers intervention, domestic
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19 violence, human trafficking, or sexual assault programs certified
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20 pursuant to the provisions of this section shall cooperate with
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21 inspection personnel of this state and shall promptly file all
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22 reports required by the Attorney General. Failure to comply with
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23 rules and standards of the Attorney General shall be grounds for
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24 revocation of certification, after proper notice and hearing.
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1 F. The Attorney General is hereby authorized to collect from
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2 each applicant the sum of One Hundred Fifty Dollars ($150.00) to
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3 help defray the costs incurred in the certification process.
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4 SECTION 7. AMENDATORY 74 O.S. 2021, Section 18p-7, is
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5 amended to read as follows:
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6 Section 18p-7. A. The Attorney General or any district
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7 attorney, in such person's discretion, may bring an action for an
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8 injunction against any batterers intervention, domestic violence
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9 program, human trafficking program, or sexual assault program found
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10 to be in violation of the provisions of this title or of any order
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11 or determination of the Attorney General.
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12 B. In any action for an injunction brought pursuant to this
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13 section, any findings of the Attorney General or district attorney,
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14 after hearing and due notice, shall be prima facie evidence of the
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15 facts found therein.
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16 SECTION 8. AMENDATORY 74 O.S. 2021, Section 18p-8, is
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17 amended to read as follows:
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18 Section 18p-8. A. The Office of the Attorney General shall
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19 have the authority to collect information sufficient to meet its
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20 responsibilities related to oversight, management, evaluation,
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21 performance improvement and auditing of domestic violence, human
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22 trafficking, and sexual assault services and combating and
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23 preventing domestic violence and sexual assault in this state.
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1 B. The individual forms, computer and electronic data, and
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2 other forms of information collected by and furnished to the
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3 Attorney General shall be confidential and shall not be public
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4 records as defined in the Oklahoma Open Records Act.
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5 C. Except as otherwise provided by state and federal
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6 confidentiality laws, identifying information shall not be disclosed
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7 and shall not be used for any public purpose other than the creation
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8 and maintenance of anonymous datasets for statistical reporting and
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9 data analysis.
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10 SECTION 9. This act shall become effective in accordance with
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11 the provisions of Section 58 of Article V of the Oklahoma
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12 Constitution.
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Req. No. 2440 Page 16Every fact on this page links to its source, starting with the official bill record.