Oklahoma 2024 Regular Session

Oklahoma House Bill HB2741

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/23/23  
Engrossed
3/20/23  
Refer
3/30/23  

Caption

Mental health; creating Neil's Law; enacting the Elder Exploitation and Abuse Act; purpose; intent; terms; civil actions; venue; relief; claim; court; records; vulnerable adult; evidence; codification; effective date.

Impact

The implementation of HB 2741 is expected to enhance legal protection for vulnerable adults in Oklahoma, ensuring that individuals who abuse or exploit them can be held accountable through civil actions. It broadens the scope of what constitutes abuse and neglect, incorporating specific definitions that clarify harmful actions perpetrated by caregivers. Furthermore, it allows for claims to survive the death of a vulnerable adult, thereby extending justice beyond their passing. By establishing a pathway for legal recourse, the bill increases the responsibilities of caretakers and institutions in providing adequate care and support.

Summary

House Bill 2741, also known as 'Neil's Law', introduces the Oklahoma Elder Exploitation and Abuse Act. This legislation aims to safeguard the rights of incapacitated persons and vulnerable adults, allowing them to pursue civil claims against individuals who exploit or abuse them. The bill codifies the definitions of abuse and exploitation, highlighting the responsibilities of caretakers and the legal rights of vulnerable individuals in seeking justice. Moreover, it establishes guidelines for the types of evidence that can be used in court and emphasizes the importance of reporting any suspected abuse to authorities.

Sentiment

Overall, the sentiment surrounding HB 2741 is largely positive among advocates for vulnerable populations. Supporters view the bill as a crucial step toward protecting those who are most at risk of neglect and abuse. However, there may be some contention regarding the application of the law and its implications for caregivers, particularly with respect to the definitions of abuse and the circumstances under which claims can be made. The importance of striking a balance between protecting vulnerable individuals and ensuring fair treatment for caretakers has been a point of discussion.

Contention

Notable points of contention include concerns over potential overreach in defining abuse and neglect, which some argue could lead to unjust accusations against well-meaning caregivers. Critics worry that the broadened definitions may enable frivolous lawsuits, while proponents stress that the enhanced protections are necessary to prevent real cases of exploitation. Moreover, the enforcement mechanisms outlined in HB 2741, particularly regarding evidence and reporting obligations, may spark debate on privacy rights and the appropriate thresholds for intervention.

Companion Bills

OK HB2741

Carry Over Mental health; creating Neil's Law; enacting the Elder Exploitation and Abuse Act; purpose; intent; terms; civil actions; venue; relief; claim; court; records; vulnerable adult; evidence; codification; effective date.

Previously Filed As

OK HB2741

Mental health; creating Neil's Law; enacting the Elder Exploitation and Abuse Act; purpose; intent; terms; civil actions; venue; relief; claim; court; records; vulnerable adult; evidence; codification; effective date.

OK HB2753

Mental health; vulnerable adult abuse; Office of the Attorney General; registry; information; effective date.

OK HB2864

Mental health; transportation costs; law enforcement; creating the Mental Health Transport Revolving Fund; effective date.

OK HB2157

Mental health; Local Law Enforcement Mental Health Manpower Act; written statement; creating the Shannon Hanchett Act; mental health evaluation; effective date.

OK SB12

Mental health; creating the Mental Health Transport Revolving Fund; modifying procedures and requirements for transport of persons requiring treatment. Effective date.

OK HB2210

Juveniles; authorizing courts to depart from certain sentencing requirements; codification; effective date.

OK SB1029

Department of Mental Health and Substance Abuse Services; authorizing sale of certain land. Effective date.

OK SB1087

Governmental Tort Claims Act; modifying definition. Effective date.

OK HB2773

Wrongful convictions; increasing liability amount for claims of wrongful incarceration; codification; effective date; emergency.

OK SB844

Mental health; requiring the Department of Mental Health and Substance Abuse Services to issue certain request for proposals subject to availability of funds; transferring certain duties. Effective date. Emergency.

Similar Bills

OK SB731

Oklahoma Evidence Code; modifying certain hearsay exception to include statements by vulnerable adults. Effective date.

OK HB3774

Civil procedure; admissibility of statements; children; incapacitated person; criminal and juvenile proceedings; effective date.

OK HB1566

Mental health; Neil's Law; Oklahoma Elder Exploitation and Abuse Act; purpose; intent; terms; civil actions; venue; relief; claim; records; vulnerable adult; effective date.

OK SB198

Guardianship; modifying procedures for determination of guardianship for incapacitated person. Effective date.

OK HB2741

Mental health; creating Neil's Law; enacting the Elder Exploitation and Abuse Act; purpose; intent; terms; civil actions; venue; relief; claim; court; records; vulnerable adult; evidence; codification; effective date.

OK SB594

Child abuse; modifying scope and penalty of certain offenses. Effective date.

OK HB1629

Elections; voter registration; modifying conditions for voter eligibility; effective date.