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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1115 By: West (Rick)
AS INTRODUCED
An Act relating to criminal procedure; defining term;
authorizing use of certain chemical treatment for
offenders who commit sexuall y violent offenses;
providing an exception; directing Department of
Corrections to promulgate and adopt certain rules;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 991a-4.2 of Title 22, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section, a "sexually violent offense " means:
1. Rape, pursuant to Section 1114 of Title 21 of the Oklahoma
Statutes;
2. Rape by instrumentation, pursuant to Section 1111.1 of Title
21 of the Oklahoma Statutes;
3. Lewd or indecent proposals or acts as to a child under
sixteen (16) years of ag e, pursuant to Section 1123 of Title 21 of
the Oklahoma Statutes;
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4. Solicitation of a minor, pursuant to subsection B of Section
1021 of Title 21 of the Oklahoma Statutes;
5. Procuring a minor to participate in pornography, pursuant to
Sections 1021.2 and 1021.3 of Title 21 of the Oklahoma Statutes; and
6. Forcible sodomy, pursuant to Section 888 of Title 21 of the
Oklahoma Statutes.
B. A person who has been convicted of a sexually violent
offense may, upon a first conviction and in addition to any oth er
punishment provided by law, be required to undergo
medroxyprogesterone acetate treatment as part of any conditions of
release. The treatment prescribed in this section may utilize an
approved pharmaceutical agent other than medroxyprogesterone
acetate. Upon a second or subsequent conviction of a sexually
violent offense, the person shall be required to undergo
medroxyprogesterone acetate or other approved pharmaceutical agent
treatment as a condition of release unless, after an appropriate
assessment, the court determines that the treatment would not be
effective. This section shall not apply if the person voluntarily
undergoes a permanent surgical alternative approved by the court.
C. The Department of Corrections shall promulgate and adopt
rules which provide for the initiation of medroxyprogesterone
acetate or other approved pharmaceutical agent treatment prior to
the parole or release of a person who has been convicted of a
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sexually violent offense and who is required to undergo treatment as
a condition of release.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5607 GRS 12/03/20