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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 870 By: Rader
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Children's Code;
7 creating the Accountability, Transparency, and
8 Protection for Exploited Youth Act; providing short
8 title; requiring immediate report of certain
9 incident; creating felony offense; providing penalty;
9 establishing the Independent Oversight Committee
10 within the Office of Juvenile Affairs; stating
10 certain responsibility; providing criteria for
11 certain investigations; providing for certain civil
11 liability; providing certain civil fine; requiring
12 certain training; requiring certain report; amending
12 10A O.S. 2021, Section 2-6-102, which relates to
13 confidential juvenile records; authorizing certain
13 access to certain files and records; authorizing
14 court to take certain action; authorizing certain
14 disclosure; stating authorized parties; requiring
15 certain confidentiality; authorizing request for
15 certain judicial review; prohibiting certain
16 disclosure to the general public; providing for
16 codification; and providing an effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 1-2-112 of Title 10A, unless
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22 there is created a duplication in numbering, reads as follows:
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23 This act shall be known and may be cited as the "Accountability,
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24 Transparency, and Protection for Exploited Youth Act".
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1-2-113 of Title 10A, unless
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3 there is created a duplication in numbering, reads as follows:
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4 A. Any employee, contractor, volunteer, or third party working
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5 in or around a state-run juvenile facility, private contractor, or
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6 group home under the supervision of the Office of Juvenile Affairs
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7 or any county facility which detains juveniles, who becomes aware
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8 of, witnesses, or suspects any form of sexual misconduct or
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9 exploitation between staff, volunteers, or contractors with
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10 juveniles, shall be required to immediately report the incident to
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11 both:
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12 1. The facility supervisor; and
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13 2. The Office of Juvenile Affairs' Independent Oversight
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14 Committee, established pursuant to the provisions of this act, for
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15 independent investigation.
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16 B. Any individual who fails to report any such incidents shall,
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17 upon conviction, be guilty of a felony punishable in the custody of
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18 the Department of Corrections for a term not to exceed two (2) years
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19 and a fine not more than Five Thousand Dollars ($5,000.00).
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20 SECTION 3. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 1-2-114 of Title 10A, unless
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22 there is created a duplication in numbering, reads as follows:
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23 1. The Office of Juvenile Affairs shall establish an
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24 Independent Oversight Committee (IOC) responsible for investigating
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Req. No. 172 Page 2
1 all reports of sexual misconduct, coercive relationships, and
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2 exploitation in county, state, or contracted juvenile facilities;
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3 2. Investigations shall be conducted separately from any
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4 internal reviews performed by the facility or its administrative
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5 body to ensure impartiality;
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6 3. The IOC shall have the authority to subpoena witnesses,
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7 gather evidence, and work in collaboration with law enforcement
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8 agencies to investigate criminal charges; and
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9 4. Investigations shall be forwarded to the district attorney
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10 in the district where the alleged abuse took place. If the district
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11 attorney declines to file charges, the district attorney shall
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12 notify the IOC, the juvenile-victim's family, and both the Senate
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13 and House members of which district the victim resides in writing.
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14 SECTION 4. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 1-2-115 of Title 10A, unless
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16 there is created a duplication in numbering, reads as follows:
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17 A. Any employee, officer, contractor, or volunteer who
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18 knowingly fails to report incidents of sexual misconduct or coercive
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19 behavior shall be personally subject to civil liability including,
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20 but not limited to, damages for physical, emotional, and
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21 psychological harm caused to the juvenile.
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22 B. The Office of Juvenile Affairs (OJA) and any contracted
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23 entity or group home operating under the OJA's supervision shall be
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24 civilly liable for damages if a court of proper jurisdiction finds
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1 that they were negligent in preventing, investigating, or responding
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2 to reports of sexual misconduct.
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3 C. Negligence shall include failure to properly train employees
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4 on mandatory reporting, failure to respond to previous reports,
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5 failure to terminate employees who abuse juveniles, failure to
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6 maintain or create training and employment records, or failure to
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7 take action to safeguard juveniles from known risks.
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8 D. 1. Juvenile-victims, their legal guardians, or next-friends
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9 may file civil suits seeking damages pursuant to this section.
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10 2. Civil fines of up to Fifty Thousand Dollars ($50,000.00) per
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11 juvenile-victim may be levied against the OJA, county facilities
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12 where juveniles are detained, or contracting entities found to have
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13 acted negligently.
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14 SECTION 5. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 1-2-116 of Title 10A, unless
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16 there is created a duplication in numbering, reads as follows:
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17 A. The Office of Juvenile Affairs shall be required to provide
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18 annual training for all employees, contractors, and volunteers on
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19 the prevention, identification, and reporting of sexual misconduct
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20 and coercive relationships between staff and juveniles. This
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21 training shall also be given to county facilities where juveniles
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22 are detained.
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1 B. The Independent Oversight Committee shall submit an annual
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2 report to the Legislature, outlining the number of investigations,
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3 findings, and any corrective actions taken.
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4 SECTION 6. AMENDATORY 10A O.S. 2021, Section 2-6-102, is
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5 amended to read as follows:
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6 Section 2-6-102. A. Except as provided by this section or as
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7 otherwise specifically provided by state or federal laws, the
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8 following juvenile records are confidential and shall not be open to
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9 the general public, inspected, or their contents disclosed:
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10 1. Juvenile court records;
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11 2. Agency records;
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12 3. District attorney's records;
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13 4. Law enforcement records;
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14 5. Nondirectory education records; and
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15 6. Social records.
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16 B. The confidentiality limitation of subsection A of this
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17 section shall not apply to statistical information or information of
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18 a general nature obtained pursuant to the provisions of the Oklahoma
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19 Juvenile Code.
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20 C. The confidentiality requirements of subsection A of this
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21 section for juvenile court records and law enforcement records shall
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22 not apply:
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23 1. Upon the charging or certification of a juvenile as an adult
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24 or youthful offender;
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1 2. Upon the charging of an individual pursuant to Section 2-5-
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2 101 of this title;
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3 3. To a violation of any traffic regulation or motor vehicle
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4 regulation of Title 47 of the Oklahoma Statutes, or to a violation
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5 of any city ordinance or county resolution which relates to the
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6 regulation of traffic on the roads, highways or streets, or to the
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7 operation of self-propelled or nonself-propelled vehicles of any
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8 kind in this state;
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9 4. To a juvenile who is fourteen (14) years of age or older and
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10 who has been adjudicated delinquent and who subsequently comes
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11 before the juvenile court on a new delinquency matter after July 1,
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12 1995;
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13 5. To a juvenile adjudicated a delinquent for committing a
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14 delinquent act which, if committed by an adult, would be a felony
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15 offense that is a crime against the person or a felony offense
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16 involving a dangerous weapon;
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17 6. To arrest records of a juvenile arrested for committing an
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18 act, which if committed by an adult, would be a felony offense;
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19 7. To a violation of the Prevention of Youth Access to Tobacco
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20 Act; or
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21 8. Whenever a juvenile is accepted for placement or treatment
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22 in a facility or private treatment facility within this state as a
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23 result of or following a conviction or adjudication for an out-of-
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24 state offense that would qualify the juvenile as a youthful
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1 offender, as defined in Section 2-5-202 of this title, had the crime
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2 occurred within this state. The facility shall provide any law
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3 enforcement agency or peace officer all prior criminal offense,
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4 conviction, and adjudication information. If a juvenile flees or is
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5 otherwise absent from the facility without permission, the facility
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6 shall provide any law enforcement agency or peace officer all prior
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7 criminal offense, conviction, and adjudication information. Any law
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8 enforcement agency or peace officer shall have the authority to
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9 review or copy any records concerning the juvenile, including prior
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10 criminal offense, conviction, or adjudication information; or
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11 9. a. The following parties shall be granted access to
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12 relevant files and records pertaining to cases
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13 involving allegations or findings of physical or
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14 sexual violence against a minor:
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15 (1) law enforcement officers investigating the
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16 incident,
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17 (2) the minor's parents or legal guardians,
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18 (3) attorneys representing the minor in civil or
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19 criminal proceedings,
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20 (4) court-appointed advocates in connection with
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21 proceedings related to the minor's welfare, and
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22 (5) officers of the court who are conducting
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23 investigations to assist the minor.
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1 b. Access to files and records shall be limited to those
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2 that are directly related to the incident of physical
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3 or sexual violence. Sensitive information, including
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4 identifying details of unrelated juveniles and
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5 personal details not pertinent to the case, shall be
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6 redacted to protect the privacy of other individuals
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7 in custody.
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8 c. All parties who are granted access pursuant to this
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9 paragraph shall be bound by confidentiality
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10 requirements and shall not further disclose the
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11 records except as necessary for legal proceedings or
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12 investigations.
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13 d. A court may further restrict or expand access to the
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14 Office of Juvenile Affairs records as necessary to
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15 balance the need for investigation and justice with
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16 the protection of sensitive information.
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17 D. Following the first adjudication as a delinquent, the court
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18 having jurisdiction shall note on the juvenile court record of the
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19 person that any subsequent juvenile court records shall not be
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20 confidential; provided, the child is at least fourteen (14) years of
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21 age or older. Any juvenile court record which becomes an open
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22 juvenile record as provided in this subsection may be expunged as
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23 provided in Section 2-6-109 of this title.
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1 The provisions of this subsection shall only apply to the
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2 juvenile court records and law enforcement records of juvenile
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3 offenders certified, charged or adjudicated on and after July 1,
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4 1995.
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5 E. When a delinquent child has escaped or run away from a
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6 secure facility or other institutional placement for delinquents,
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7 the name and description of the child may be released to the public
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8 by the agency having custody of the child as necessary and
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9 appropriate for the protection of the public and the apprehension of
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10 the delinquent child whether or not the juvenile record is
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11 confidential or open.
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12 F. Except as otherwise required by state or federal law, the
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13 confidential records listed in subsection A of this section may only
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14 be inspected, released, disclosed, corrected or expunged pursuant to
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15 an order of the court. Except as otherwise provided in Section
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16 601.6 of Title 10 of the Oklahoma Statutes or any provision of this
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17 chapter, no subpoena or subpoena duces tecum purporting to compel
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18 disclosure of confidential information or any confidential juvenile
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19 record shall be valid.
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20 G. An order of the court authorizing the inspection, release,
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21 disclosure, correction or expungement of confidential records shall
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22 be entered by the court only after a review of the records by the
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23 court and a determination by the court, with due regard for the
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24 confidentiality of the records and the privacy of persons identified
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1 in the records, that a compelling reason exists and such inspection,
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2 release or disclosure is necessary for the protection of a
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3 legitimate public or private interest.
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4 Except for district attorney records, any court order
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5 authorizing the disclosure, release or inspection of a confidential
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6 juvenile record may be conditioned on such terms and restrictions as
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7 the court deems necessary and appropriate.
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8 H. Upon receiving a written request for inspection, release,
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9 disclosure, or correction of a juvenile record, the court shall
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10 determine whether the record of a juvenile falls under one of the
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11 exceptions listed in subsection C of this section. If the record
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12 falls under one of the exceptions in subsection C of this section,
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13 the court shall issue an order authorizing inspection, release,
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14 disclosure or correction of the juvenile record. If the release of
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15 a juvenile record is authorized by the court, the Office of Juvenile
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16 Affairs shall provide information to the requestor regarding the
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17 location of the juvenile record to be released.
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18 I. Any agency or person may seek an order from the juvenile
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19 court prohibiting the release of confidential information subject to
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20 disclosure without an order of the court pursuant to Section 620.6
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21 of Title 10 of the Oklahoma Statutes or any provision of this
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22 chapter. The court may, for good cause shown, prohibit the release
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23 of such information or authorize release of the information upon
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24 such conditions as the court deems necessary and appropriate.
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1 J. In accordance with the provisions of the Juvenile Offender
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2 Tracking Program and Section 620.6 of Title 10 of the Oklahoma
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3 Statutes:
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4 1. Information included in the records listed in subsection A
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5 of this section may be entered in and maintained in the Juvenile
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6 Justice Information System and other automated information systems
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7 related to services to children and youth whether or not the record
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8 is confidential or open; and
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9 2. The information systems may be accessed by participating
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10 agencies as defined by this chapter or as otherwise provided by law.
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11 K. The court may authorize a designated person to review
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12 juvenile court confidential reports and records and collect
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13 statistical information and other abstract information for research
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14 purposes. Such authorization shall be in writing and shall state
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15 specifically the type of information which may be reviewed and
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16 reported.
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17 Each person granted permission to inspect confidential reports
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18 and records for research purposes shall present a notarized
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19 statement to the court stating that the names of juveniles, parents
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20 and other persons as may be required by the court to be confidential
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21 will remain confidential.
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22 L. Nothing contained in the provisions of Section 620.6 of
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23 Title 10 of the Oklahoma Statutes or any provision of this chapter
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24 shall be construed as:
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1 1. Authorizing the inspection of records or the disclosure of
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2 information contained in records relating to the provision of
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3 benefits or services funded, in whole or in part, with federal
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4 funds, except in accord with federal statutes and regulations
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5 governing the receipt or use of such funds;
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6 2. Authorizing the disclosure of information required to be
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7 kept confidential by Section 7505-1.1, 7506-1.1 or 7510-1.5 of Title
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8 10 of the Oklahoma Statutes, the Oklahoma Adoption Code or
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9 disclosure of any other confidential record pursuant to the
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10 provisions of this chapter;
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11 3. Abrogating any privilege, including the attorney-client
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12 privilege, or affecting any limitation on such privilege found in
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13 any other statutes;
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14 4. Limiting or otherwise affecting access of parties to a
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15 juvenile proceeding to any records filed with or submitted to the
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16 court;
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17 5. Limiting or otherwise affecting access of agencies to
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18 information subject to disclosure, review or inspection by contract
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19 or as a condition for the receipt of public funds or participation
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20 in any program administered by the agency;
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21 6. Prohibiting the Office of Juvenile Affairs from summarizing
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22 the outcome of an investigation to the person who reported a known
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23 or suspected instance of child abuse or neglect; or
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1 7. Prohibiting the person or agency conducting a preliminary
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2 inquiry relating to an alleged delinquent act from providing
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3 information, as to the disposition of the matter by the district
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4 attorney, to the person or agency which referred the matter,
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5 including but not limited to whether a petition was filed or an
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6 alternative action taken, and the basis for such action and the
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7 terms of any agreement entered into by the child for payment of
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8 restitution, and including but not limited to provisions for
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9 community services.
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10 M. The confidential records listed in subsection A of this
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11 section may be inspected and their contents disclosed without a
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12 court order to the Oklahoma School for the Blind, Oklahoma School
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13 for the Deaf, or a school district in which the child who is the
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14 subject of the record is currently enrolled or has been presented
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15 for enrollment. The inspection of records and disclosure authorized
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16 by this subsection may be limited to summaries or to information
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17 directly necessary for the purpose of such inspection or disclosure.
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18 Upon request by the Oklahoma School for the Blind, Oklahoma School
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19 for the Deaf, or a school district, the agency in possession of the
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20 records shall provide in writing, digitally, or by delivery to a
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21 secure facsimile line, the requested information to the school
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22 district within five (5) business days upon receipt of the request.
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23 Any records disclosed as provided by this subsection shall remain
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1 confidential. The use of any information shall be limited to the
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2 purposes for which disclosure is authorized.
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3 N. The records of a case for which a petition is not filed
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4 shall be subject to the provisions of Chapter 6 of the Oklahoma
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5 Juvenile Code.
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6 SECTION 7. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 24A.35 of Title 51, unless there
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8 is created a duplication in numbering, reads as follows:
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9 A. The disclosure of relevant files and records from the Office
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10 of Juvenile Affairs (OJA) is allowed when a minor who is or was in
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11 OJA custody or in the custody of a county detention facility is the
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12 victim of sexual violence. Access to such records shall be given to
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13 the following parties:
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14 1. Law enforcement officers conducting investigations into
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15 allegations of sexual violence;
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16 2. The legal guardians or parents of the minor victim;
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17 3. Attorneys representing the minor in civil or criminal
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18 proceedings;
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19 4. Court-appointed advocates representing the minor in juvenile
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20 or child welfare proceedings; and
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21 5. Officers of the court who are conducting investigations to
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22 assist the minor.
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23 B. Disclosure shall be limited to documents that are directly
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24 related to the incident of sexual violence. Personal and
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1 identifying information of other juveniles unrelated to the case
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2 shall be redacted to maintain the confidentiality of individuals not
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3 involved in the incident.
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4 C. Parties that receive the disclosed records pursuant to this
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5 section shall be required to comply with existing confidentiality
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6 obligations and shall not further disseminate the information,
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7 except as necessary for legal proceedings or official
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8 investigations.
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9 D. A court order shall not be necessary to access records
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10 pursuant to this section; provided, however, in cases where there is
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11 a dispute over the appropriateness of disclosing certain records,
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12 either party may request a judicial review to determine whether
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13 further restrictions or redactions shall apply.
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14 E. Information that is disclosed pursuant to this section shall
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15 not be considered open for inspection by the general public and is
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16 exempt from disclosure to the general public, in order to maintain
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17 the integrity of juvenile confidentiality laws under the Oklahoma
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18 Open Records Act and Title 10A of the Oklahoma Juvenile Code.
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19 SECTION 8. This act shall become effective November 1, 2025.
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Req. No. 172 Page 15Every fact on this page links to its source, starting with the official bill record.