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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1128 By: Phillips
COMMITTEE SUBSTITUTE
An Act relating to state government; amending 74 O.S.
2011, Sections 18p-1 and 18p-6, which relate to the
Office of the Attorney General; providing for certain
exemptions; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 18p -1, is
amended to read as follows:
Section 18p-1. A. There is hereby created within the Office of
the Attorney General a Victims Services Unit.
B. The duty of the Unit is to provide services for persons who
require domestic violence or sexual assault services through a
domestic violence or sexual assault program.
C. As used in this act, "domestic violence program" or "sexual
assault program" means an agency, organization, facility or person
that offers, provides or engages in the offering of any shelter,
residential services or support services , with the exception of
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programs run by organizations that have legal nonprofit status, work
exclusively with human trafficking victims and receive no federal or
state funding, to:
1. Victims or survivors of domestic abuse as defined in Section
60.1 of Title 22 of the Oklahoma Statutes, any dependent children of
such victim or survivor, and any other member of the family or
household of such victim or survivor;
2. Victims or survivors of sexual assault;
3. Persons who are homeless as a result of domestic abuse or
sexual assault or both domestic abuse and sexual assault; and
4. Victims of stalking,
and which may provide other services, including, but not limited to,
counseling, case management, referrals or other similar services to
victims or survivors of domestic abuse, sexual assault or stalking.
D. As used in this act, "batterers intervention program" or
"batterers treatment program" means an agency, organization,
facility or person who offers, provides or engages in the offering
of counseling or intervention services to persons who commit
domestic abuse.
E. Organizations that have legal nonprofit status, specialize
in providing services to human trafficking victims according to
Section 748.2 of Title 21 of the Oklahoma Statutes and receive no
funding from federal or state governments are exempt from this act.
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SECTION 2. AMENDATORY 74 O.S. 2011, Section 18p -6, is
amended to read as follows:
Section 18p-6. A. Effective July 1, 2005, all administrative
rules promulgated by the Department of Mental Health and Substance
Abuse Services relating to domestic violence and sexual assault
programs shall be transferred to and become a part of the
administrative rules of the Office of the Attorney General. The
Office of Administrative Rules in the Secretary of State's office
shall provide adequate notice in the Oklahoma Register of the
transfer of such rules, and shall place the transferred rules under
the Administrative Code section of the Attorney General. Such rules
shall continue in force and effect as rules of the Office of the
Attorney General from and after July 1, 2005, and any amendment,
repeal or addition to the transferred rules shall be under the
jurisdiction of the Attorney General.
B. The Attorney General shall adopt and promulgate rules and
standards for certification of batterers intervention and domestic
violence programs and for private facilities and organizations which
offer domestic and sexual as sault services in this state. These
facilities shall be known as "certified domestic violence shelters"
or "certified domestic violence programs" or "certified sexual
assault programs" or "certified treatment programs for batterers",
as applicable. Organizations that have legal nonprofit status,
specialize in providing services to human trafficking victims
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according to Section 748.2 of Title 21 of the Oklahoma Statutes and
receive no funding from federal or state governments are exempt from
this act.
C. Applications for certification as a certified domestic
violence shelter, domestic violence program, sexual assault program
or treatment program for batterers, pursuant to the provisions of
this section, shall be made to the Office of the Attorney General o n
prescribed forms. The Attorney General may certify the shelter or
program for a period of three (3) years subject to renewal as
provided in the rules promulgated by the Attorney General. Nothing
in this section shall preclude the Office of the Attorney General
from making inspection visits to a shelter or program to determine
contract or program compliance.
D. Licensed physicians, licensed psychologists, licensed social
workers, individual members of the clergy, licensed marital and
family therapists, licensed behavioral practitioners, and licensed
professional counselors shall be exempt from certification
requirements; provided, however, these exemptions shall only apply
to individual professional persons in private practice and not to
any domestic violence program or sexual assault program operated by
such person.
E. Facilities providing services for persons who commit
domestic abuse, victims or survivors of domestic abuse or sexual
assault and any dependent children of such victims or survivors
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shall comply with standards promulgated by the Attorney General;
provided, that the certification requirements and standards
promulgated by the Attorney General shall not apply to programs and
services offered by the Department of Health, the Department of
Mental Health and Substance Abuse Services, the Department of
Corrections or the Department of Human Services. The batterers
intervention, domestic violence or sexual assault programs certified
pursuant to the provisions of this section shall cooperate with
inspection personnel of this state and shall promptly file all
reports required by the Attorney General. Failure to comply with
rules and standards of the Attorney General shall be grounds for
revocation of certification, after proper notice and hearing.
F. The Attorney General is hereby authorized to collect from
each applicant the sum of One Hundred Fifty Dollars ($150.00) to
help defray the costs incurred in the certification process.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 03/01/2021 - DO PASS, As Amended.