Oklahoma 2022 Regular Session

Oklahoma House Bill HB1128 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	HB1128 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 6505 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 1128 By: Phillips
	32	+	HOUSE BILL 1128 By: Phillips
38	33
39	34
40	35
41	36
42	37
43		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
44	39
45		-	An Act relating to ~~state government~~; ~~amending 74 O.S.~~
46		-	~~2011, Sections 18p-1~~ ~~and 18p-6, which relate to the~~
47		-	~~Office of the Attorney General;~~ providing ~~for certain~~
48		-	~~exemptions; and providing an effective date.~~
	40	+	An Act relating to victim's rights; creating the
	41	+	Oklahoma Victim's Rights Act of 2021; providing for
	42	+	noncodification; and providing an effective date.
	43	+
49	44
50	45
51	46
52	47
53	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54		-	SECTION 1. AMENDATORY 74 O.S. 2011, Section 18p -1, is
55		-	amended to read as follows:
56		-	Section 18p-1. A. There is hereby created within the Office of
57		-	the Attorney General a Victims Services Unit.
58		-	B. The duty of the Unit is to provide services for persons who
59		-	require domestic violence or sexual assault services through a
60		-	domestic violence or sexual assault program.
61		-	C. As used in this act, "domestic violence program" or "sexual
62		-	assault program" means an agency, organization, facility or person
63		-	that offers, provides or engages in the offering of any shelter,
64		-	residential services or support services , with the exception of
	49	+	SECTION 1. NEW LAW A new section of law not to be
	50	+	codified in the Oklahoma Statutes reads as follows:
	51	+	This act shall be known and may be cited as the "Oklahoma
	52	+	Victim's Rights Act of 2021".
	53	+	SECTION 2. This act shall become effective November 1, 2021.
65	54
66		-	HB1128 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
68		-	2
69		-	3
70		-	4
71		-	5
72		-	6
73		-	7
74		-	8
75		-	9
76		-	10
77		-	11
78		-	12
79		-	13
80		-	14
81		-	15
82		-	16
83		-	17
84		-	18
85		-	19
86		-	20
87		-	21
88		-	22
89		-	23
90		-	24
91		-
92		-	programs run by organizations that have legal nonprofit status, work
93		-	exclusively with human trafficking victims and receive no federal or
94		-	state funding, to:
95		-	1. Victims or survivors of domestic abuse as defined in Section
96		-	60.1 of Title 22 of the Oklahoma Statutes, any dependent children of
97		-	such victim or survivor, and any other member of the family or
98		-	household of such victim or survivor;
99		-	2. Victims or survivors of sexual assault;
100		-	3. Persons who are homeless as a result of domestic abuse or
101		-	sexual assault or both domestic abuse and sexual assault; and
102		-	4. Victims of stalking,
103		-	and which may provide other services, including, but not limited to,
104		-	counseling, case management, referrals or other similar services to
105		-	victims or survivors of domestic abuse, sexual assault or stalking.
106		-	D. As used in this act, "batterers intervention program" or
107		-	"batterers treatment program" means an agency, organization,
108		-	facility or person who offers, provides or engages in the offering
109		-	of counseling or intervention services to persons who commit
110		-	domestic abuse.
111		-	E. Organizations that have legal nonprofit status, specialize
112		-	in providing services to human trafficking victims according to
113		-	Section 748.2 of Title 21 of the Oklahoma Statutes and receive no
114		-	funding from federal or state governments are exempt from this act.
115		-
116		-	HB1128 HFLR Page 3
117		-	BOLD FACE denotes Committee Amendments. 1
118		-	2
119		-	3
120		-	4
121		-	5
122		-	6
123		-	7
124		-	8
125		-	9
126		-	10
127		-	11
128		-	12
129		-	13
130		-	14
131		-	15
132		-	16
133		-	17
134		-	18
135		-	19
136		-	20
137		-	21
138		-	22
139		-	23
140		-	24
141		-
142		-	SECTION 2. AMENDATORY 74 O.S. 2011, Section 18p -6, is
143		-	amended to read as follows:
144		-	Section 18p-6. A. Effective July 1, 2005, all administrative
145		-	rules promulgated by the Department of Mental Health and Substance
146		-	Abuse Services relating to domestic violence and sexual assault
147		-	programs shall be transferred to and become a part of the
148		-	administrative rules of the Office of the Attorney General. The
149		-	Office of Administrative Rules in the Secretary of State's office
150		-	shall provide adequate notice in the Oklahoma Register of the
151		-	transfer of such rules, and shall place the transferred rules under
152		-	the Administrative Code section of the Attorney General. Such rules
153		-	shall continue in force and effect as rules of the Office of the
154		-	Attorney General from and after July 1, 2005, and any amendment,
155		-	repeal or addition to the transferred rules shall be under the
156		-	jurisdiction of the Attorney General.
157		-	B. The Attorney General shall adopt and promulgate rules and
158		-	standards for certification of batterers intervention and domestic
159		-	violence programs and for private facilities and organizations which
160		-	offer domestic and sexual as sault services in this state. These
161		-	facilities shall be known as "certified domestic violence shelters"
162		-	or "certified domestic violence programs" or "certified sexual
163		-	assault programs" or "certified treatment programs for batterers",
164		-	as applicable. Organizations that have legal nonprofit status,
165		-	specialize in providing services to human trafficking victims
166		-
167		-	HB1128 HFLR Page 4
168		-	BOLD FACE denotes Committee Amendments. 1
169		-	2
170		-	3
171		-	4
172		-	5
173		-	6
174		-	7
175		-	8
176		-	9
177		-	10
178		-	11
179		-	12
180		-	13
181		-	14
182		-	15
183		-	16
184		-	17
185		-	18
186		-	19
187		-	20
188		-	21
189		-	22
190		-	23
191		-	24
192		-
193		-	according to Section 748.2 of Title 21 of the Oklahoma Statutes and
194		-	receive no funding from federal or state governments are exempt from
195		-	this act.
196		-	C. Applications for certification as a certified domestic
197		-	violence shelter, domestic violence program, sexual assault program
198		-	or treatment program for batterers, pursuant to the provisions of
199		-	this section, shall be made to the Office of the Attorney General o n
200		-	prescribed forms. The Attorney General may certify the shelter or
201		-	program for a period of three (3) years subject to renewal as
202		-	provided in the rules promulgated by the Attorney General. Nothing
203		-	in this section shall preclude the Office of the Attorney General
204		-	from making inspection visits to a shelter or program to determine
205		-	contract or program compliance.
206		-	D. Licensed physicians, licensed psychologists, licensed social
207		-	workers, individual members of the clergy, licensed marital and
208		-	family therapists, licensed behavioral practitioners, and licensed
209		-	professional counselors shall be exempt from certification
210		-	requirements; provided, however, these exemptions shall only apply
211		-	to individual professional persons in private practice and not to
212		-	any domestic violence program or sexual assault program operated by
213		-	such person.
214		-	E. Facilities providing services for persons who commit
215		-	domestic abuse, victims or survivors of domestic abuse or sexual
216		-	assault and any dependent children of such victims or survivors
217		-
218		-	HB1128 HFLR Page 5
219		-	BOLD FACE denotes Committee Amendments. 1
220		-	2
221		-	3
222		-	4
223		-	5
224		-	6
225		-	7
226		-	8
227		-	9
228		-	10
229		-	11
230		-	12
231		-	13
232		-	14
233		-	15
234		-	16
235		-	17
236		-	18
237		-	19
238		-	20
239		-	21
240		-	22
241		-	23
242		-	24
243		-
244		-	shall comply with standards promulgated by the Attorney General;
245		-	provided, that the certification requirements and standards
246		-	promulgated by the Attorney General shall not apply to programs and
247		-	services offered by the Department of Health, the Department of
248		-	Mental Health and Substance Abuse Services, the Department of
249		-	Corrections or the Department of Human Services. The batterers
250		-	intervention, domestic violence or sexual assault programs certified
251		-	pursuant to the provisions of this section shall cooperate with
252		-	inspection personnel of this state and shall promptly file all
253		-	reports required by the Attorney General. Failure to comply with
254		-	rules and standards of the Attorney General shall be grounds for
255		-	revocation of certification, after proper notice and hearing.
256		-	F. The Attorney General is hereby authorized to collect from
257		-	each applicant the sum of One Hundred Fifty Dollars ($150.00) to
258		-	help defray the costs incurred in the certification process.
259		-	SECTION 3. This act shall become effective November 1, 2021.
260		-
261		-	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
262		-	dated 03/01/2021 - DO PASS, As Amended.
	55	+	58-1-6505 GRS 01/08/21