Legislative Alert

Domestic Violence and Abuse
Friday, September 3, 2010


HB2168Paraphrase:provides that any plea of guilty or finding of guilt for certain assault violations shall constitute a conviction for a period of 10 years following the completion of any court imposed probationary term, providing good behavior.
 Principal Authors:Mark McCullough (H), Patrick Anderson (S)
 Effective Date: / / Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed

HB2313Paraphrase:modifies language related to juvenile proceedings, allowing a juvenile proceeding to be filed within six months after the juvenile's 18th birthday if the underlying act would constitute a misdemeanor if committed by an adult. It modifies the list of offenses for which a 15-year-old, 16-year-old or 17-year-old may be held accountable as a youthful offender to include robbery or attempted robbery with a firearm and robbery or attempted robbery in the first degree. The bill removes language requiring a district attorney to file in a county treasurer's office an account of all monies received during the preceding year. It makes it unlawful and prescribes penalties for any person admitted to bail or released on recognizance, bond or undertaking for appearance before a court and required to wear an electronic monitoring device to remove the device without court authorization. It modifies the definition of "sexual battery" to include instances in which a victim is between age 16 and 20 and is a student or under the custody of a public or private school and engages in sexual contact with a person who is 18 or older and is an employee of the same school. It prohibits any person from lewdly or lasciviously performing certain actions with corpses. The measure also modifies the definition of "offender" under the Delayed Sentencing Program for Young Adults, and it states that any offender previously admitted to the program is ineligible for subsequent offenses. It also modifies language related to vital records, allowing certified copies of birth and death certificates to be provided without cost or court order to the attorney general or any district attorney upon request during a criminal investigation. It also repeals statutory language related to exceptions to compromises of misdemeanor offenses, satisfaction of injury when a court may order prosecution stayed and the defendant discharged and the bar of prosecution for the same offense and compromises of public offenses. The measure also modifies the definition of "sexual battery" to include that the perpetrator is someone in a position of authority in the school district, such as a teacher or administrator.
 Principal Authors:Rex Duncan (H), Clark Jolley (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/10/2010Current Status:Governor Action - Signed

HB2780Paraphrase:requires an abortion provider one hour prior to performing or inducing an abortion to perform an obstetric ultrasound on the woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, provide a medical description of the images, obtain written certification that the woman received such information and retain such certification for at least seven years. It states that the language does not prevent a woman from averting her eyes from the ultrasound images. The bill provides an exception to such requirements if it is determined a medical emergency exists with respect to the pregnant woman and the provider certifies in writing the specific medical conditions constituting the emergency. It makes abortion providers who knowingly violate the requirements liable for damages and subject to enjoinment. It allows causes of action for injunctive relief to be filed by the woman upon whom the abortion was performed or attempted; the spouse, parent, sibling or guardian of or current or former licensed health care provider of the woman upon whom the abortion was performed or attempted; a district attorney with appropriate jurisdiction; or the attorney general. It states that a person who knowingly violates the injunction is subject to civil contempt and fines. The bill allows a pregnant woman upon whom an abortion is performed or the parent or legal guardian of the woman if she is an unemancipated minor to commence civil action against an abortion provider for knowing or reckless violation of the act for actual and punitive damages. It repeals current statutory language regarding definitions, required ultrasounds before abortions and causes of actions and civil remedies for violations of such requirements.
 Principal Authors:Lisa J. Billy (H), Anthony Sykes (S)
 Effective Date: / / Emergency:Yes
 Status Date:04/27/2010Current Status:Secretary of State

HB2826Paraphrase:prohibits any minor child temporarily residing in a licensed, certified domestic violence shelter from being removed by an ex parte order.
 Principal Authors:Ron Peters (H), Patrick Anderson (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/10/2010Current Status:Governor Action - Signed

HB2827Paraphrase:allows a victim of domestic violence, stalking or harassment to request a petition for an emergency temporary order of protection when a court is not open for business. It provides a definition of "stalking" under the Protection from Domestic Abuse Act and Domestic Abuse Reporting Act. It allows persons seeking a protective order under the Protection from Domestic Abuse Act to request the exclusive care, possession or control of any animal owned, leased or kept by the petitioner, defendant or minor child in the residence. It allows the court to order a defendant to make no contact with the animal. The measure also extends rights granted victims of domestic abuse to victims of rape, forcible sodomy or stalking. It allows a court to consider in determining a bond and other conditions of release certain factors, including whether the person has a history of domestic violence or other violent acts, the person's mental health, whether the person has a history of violating court orders and whether the person is a potential threat to another.
 Principal Authors:Ron Peters (H), Patrick Anderson (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed

HB3202Paraphrase:adds a definition of "teeth floating" to the Oklahoma Veterinary Practice Act to state that as provided by a nonveterinary equine dental care provider, it means the removal of enamel points and the smoothing, contouring and leveling of dental arcades and incisors of equine and other farm animals. It also excludes acts of animal husbandry such as teeth floating and farriery from the Oklahoma Veterinary Practice Act. It states that any individual certified by the Oklahoma State Board of Veterinary Medical Examiners to be a nonveterinary equine dental care provider is exempt from the Oklahoma Veterinary Practice Act. The measure directs the state board to annually certify any practitioner of teeth floating and establishes eligibility criteria. It states that prior to July 1, 2010, teeth floaters are to be granted certification upon submission of a signed, notarized affidavit from three people who are residents of the state saying they know the applicant as a nonveterinary equine dental care provider. It requires four hours of continuing education for annual certification renewal for teeth floaters. It requires an equine owner to contact a licensed veterinarian if prescription drugs are to be used in nonveterinary equine dental care procedures, and it allows the owner or nonveterinary equine dental care provider to pick up the drugs. It directs complaints related to teeth floaters to be filed with the state veterinarian, who may investigate complaints. The measure allows the state board to charge a $200 certification fee. The bill also modifies membership of the State Board of Veterinary Medical Examiners, requiring one of the five licensed veterinarian members to be an equine practitioner and one to be a large animal practitioner. The measure also prohibits the use of any controlled dangerous substances as defined in the Uniform Controlled Dangerous Substances Act in teeth floating and to clarify that those who are certified as nonveterinary equine dental care providers are prohibited from performing acts allowed of veterinarians licensed under the Veterinary Practice Act.
 Principal Authors:Don Armes (H), Mike Schulz (S)
 Effective Date: / / Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed

SB0956Paraphrase:modifies language related to human trafficking, defining terminology and what constitutes "human trafficking." It increases from 14 to 18, the age of victims that would constitute stiffer penalties for conviction of human trafficking. The bill states that victims may seek civil damages with or without criminal conviction. It also establishes a statute of limitations for civil action, stipulating that the cause of action shall not commence until the latter of the victim's emancipation from the defendant or the victim's twenty-first birthday. The bill also makes it illegal to knowingly engage in human trafficking and increases victims' age from under 14 to under 18 years of age at which the offense will be deemed a felony. It allows victims to bring a civil action against the person or persons responsible for human trafficking and to recover actual and punitive damages and reasonable attorneys fees. It also states that a criminal prosecution is not necessary for filing a civil action and establishes that the statute of limitations for the cause of action will not commence until the latter of the victim's emancipation form the defendant or the victim's 21st birthday. The bill allows law enforcement officers to seize any vehicle or other property used to facilitate or participate in human trafficking or when used by a prostitute, pimp or panderer to facilitate or participate in prostitution. The bill exempts vehicles or property used by a customer or anyone procuring the services or a prostitute from seizure.
 Principal Authors:Todd Lamb (S), Pam Peterson (H)
 Effective Date: / / Emergency:Yes
 Status Date:06/07/2010Current Status:Governor Action - Signed

SB1251Paraphrase:prohibits health benefit plans from denying coverage, refusing to issue or renew coverage, cancel or otherwise terminate, restrict or exclude any person from any health benefit plan issued or renewed on or after Nov. 1, 2010, on the basis of the applicant's or insured's status as a victim of domestic abuse. It also prohibits health benefit plans from denying a claim on the basis of the insured's status as a victim of domestic violence, and it prohibits domestic abuse from being considered a preexisting condition. In the House, language was added stating that in order to comply with the provisions, the acts constituting the domestic abuse must be reported to a law enforcement agency setting forth the relevant facts.
 Principal Authors:Jim Wilson (S), Mike Brown (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/08/2010Current Status:Governor Action - Signed

SB1488Paraphrase:authorizes the Oklahoma Capitol Improvement Authority to issue obligations of $6 million to provide financing for the acquisition of property and to construct buildings for a facility to provide inpatient and outpatient services for the Department of Mental Health and Substance Abuse Services. The funds are to be used to replace a facility in Tulsa. The bill makes the issue contingent on the authority finding that the department has received at least $6 million in private donations designated for the construction of the facility.
 Principal Authors:Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H)
 Effective Date:09/01/2010Emergency:Yes
 Status Date:06/10/2010Current Status:Governor Action - Signed

SB2022Paraphrase:grants the court the power to allow a victim to monitor the position of the defendant in cases where a protective order is granted and the defendant is required by the court to wear a global positioning system. In the House, the bill was amended to add language clarifying that monitoring is available upon application of the victim. It was also amended to state that such monitoring is limited to the ability of the victim to make computer or cellular inquires or otherwise receive signals regarding the defendant's movements to determine if the defendant is within a specified distance of the victim. It also directs the court to annually review monitoring orders.
 Principal Authors:Jonathan Nichols (S), Sue Tibbs (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed

SB2150Paraphrase:makes assault and battery against a former spouse of one's current spouse to be punishable by not more than one year in prison and/or a $5,000 fine. In the House, language was modified to include a person who is or was in a dating relationship with the defendant.
 Principal Authors:John Sparks (S), Ron Peters (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed

SB2235Paraphrase:requires a motion for an emergency custody hearing to include an independent report that demonstrates the child is in surroundings that could endanger the child in a court proceeding concerning child custody or child visitation. If there is no report, it requires an individual with personal knowledge that the child is in a surrounding that could endanger the child to provide a notarized affidavit. It also requires the court to conduct a hearing within 72 hours from when the motion and supporting documentation is received. It states a court shall not be required to conduct a subsequent hearing if the court finds any information included in a notarized affidavit is false. The bill also imposes certain limits judicial districts may place on the qualifications of parenting coordinators.
 Principal Authors:Brian Crain (S), Daniel Sullivan (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:06/07/2010Current Status:Governor Action - Signed

Reprinted with permission
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