Req. No. 8979 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4224 By: Boatman
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 748.2, which relates to rights
for victims of human traffickin g; excluding human
trafficking victims from certain court proceedi ngs;
amending 21 O.S. 2021, 1029, which relates to
engaging in or soliciting prostitution; removing
presumption of coercion; excluding child victims of
human trafficking from certain court proceedings; and
providing an effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 748.2, is
amended to read as fo llows:
Section 748.2. A. Human trafficking victims shall:
1. Be housed in an appropriate shelter as soon as practicable;
2. Not be detained in facilities inappropriate to their status
as crime victims;
3. Not be jailed, fined, or otherwise penalized d ue to having
been trafficked;
4. Receive prompt medical care, mental health care, food, and
other assistance, as necessary;
Req. No. 8979 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Have access to leg al assistance, information about their
rights, and translation services, as necessary; and
6. Be provided protection if the safety of the victim is at
risk or if there is a danger of a dditional harm by recapture of the
victim by a trafficker, including:
a. taking measures to protect trafficked persons and
their family members from intimidation and threats of
reprisals, and
b. ensuring that the names and i dentifying information of
trafficked persons and their family members are not
disclosed to the public.
B. Any person aggrieved by a violation of subsection B of
Section 748 of this title may bring a civil action against the
person or persons who committed the violation to recover actual and
punitive damages and reasonable attorney fees and costs. The civi l
action brought under this section may be instituted in the district
court in this state in the county in wh ich the prospective defendant
resides or has committed any act which subject s him or her to
liability under this section. A criminal case or prose cution is not
a necessary precedent to the civil action. The statute of
limitations for the cause of action shall not commence until the
latter of the victim's emancipation from the de fendant, the victim's
twenty-first birthday, or the plaintiff discovers or reasonably
should have discovered that he or she was a victim of human
Req. No. 8979 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
trafficking and that the defendant caused, was responsible for or
profited from the human trafficking.
C. Upon availability of funds, the Attorney General is
authorized to establis h an emergency hotline number for victims of
human trafficking to call in order to request assistance or resc ue.
The Attorney General is authorized to e nter into agreements with the
county departments of health to require posting of the rights
contained in this section along with the hotline number for
publication in locations as directed by the State Department of
Health.
D. Any peace officer who comes in contact with a human
trafficking victim shall inform the victim of the human trafficking
emergency hotline number and give notice to the victim of certain
rights. The notice shall consist of handing the victi m a written
statement of the rights provided for in subsection A of this
section.
E. 1. Any peace officer or employee of a district court,
juvenile bureau or Office of Juvenile Affairs who has reasonable
suspicion that a minor may be a victim of human tr afficking and is
in need of immediate protec tion shall assume protective cus tody over
the minor and immediately notify the Department of Human Services .
The minor shall be transferred to the emergency custody of the
Department pursuant to the provisions o f Section 1-4-201 of Title
10A of the Oklahoma Statutes. While in custody o f the Department,
Req. No. 8979 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the minor shall be provided with any necessary emergency social
services which include, but shall not be limited to, medical
examination or treatment, or a mental health assessment.
Law enforcement and the Department of Human Services sha ll
conduct a joint investigation into the claim.
The minor shall remain in the custody of the Department of Human
Services until the investigation has been completed, but for no
longer than two (2) judicial days, for the sho w-cause hearing. The
Department may release the minor to the custody of a parent or legal
guardian if it determines the minor will not be subject to further
exploitation. If no such determination is made, the m inor shall be
subject to the deprived child provisions of the Oklahoma Child ren's
Code and made eligible for appropriate child welfare services.
2. The minor shall not be subject to juvenile delinquency
proceedings or child-in-need-of-supervision proceedings for
prostitution offenses or other nonviolent misdemeanor or nonviolent
felony offenses committed as a direct result of being a victim of
human trafficking. It shall be an affirmative defense to
delinquency or criminal prose cution for any misdemeanor or violent
felony offense that the offense w as committed during the time of and
as the direct result of the minor being the victim of human
trafficking.
SECTION 2. AMENDATORY 21 O.S. 2021, Se ction 1029, is
amended to read as follows:
Req. No. 8979 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 1029. A. It shall further be u nlawful:
1. To engage in prostitution, lewdness, or assignation;
2. To solicit, induce, entice, or procure another to commit an
act of lewdness, assignation, or prostituti on, with himself or
herself;
3. To reside in, enter, or remain in any house, place ,
building, or other struc ture, or to enter or remain in any vehicle,
trailer, or other conveyance with the intent of committing an act of
prostitution, lewdness, or assigna tion; or
4. To aid, abet, or participate in the doing of any of the acts
prohibited in paragraph 1, 2 or 3 of this subsection.
B. Any prohibited act described in paragraph 1, 2, 3 or 4 of
subsection A of this section committed with a person under eighte en
(18) years of age shall be deemed child prostitution, as defined in
Section 1030 of this title, and shall be punishable as provided in
Section 1031 of this title.
C. In any prosecution of a person sixteen (16) or seventeen
(17) years of age for an offe nse described in subsection A of this
section, there shall be a presumption that th e actor was coerced
into committing such offense by another person in violation of the
No child who is a victim of human trafficking provisions set forth
in Section 748 of this title shall be subject to juvenile
delinquency or criminal proceedings for the offenses described in
subsection A of this section.
Req. No. 8979 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 3. This act shall become effective November 1, 2022.
58-2-8979 GRS 01/14/22