Oklahoma 2024 Regular Session

Oklahoma House Bill HB1077 Latest Draft

Bill / Enrolled Version Filed 04/26/2023

                            An Act 
ENROLLED HOUSE 
BILL NO. 1077 	By: Luttrell, Pae, and Pittman 
of the House 
 
   and 
 
  Rogers of the Senate 
 
 
 
 
 
An Act relating to public health and saf ety; creating 
the Kasey Alert Act; defining terms; directing the 
Department of Public Safety to develop a Kasey Alert 
system; requiring cooperation of certain entities; 
appointing the Commissioner of Public Safety as 
coordinator; providing for the promulgation of rules; 
requiring certain procedures; providing for co ntents 
of a Kasey Alert; providing for termination of a 
Kasey Alert; providing for codification; and 
providing an effective date . 
 
 
 
 
SUBJECT: Public health and safety 
 
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 1-1990.8 of Title 63, unless 
there is created a duplication in numbering, reads as follows: 
 
This act shall be known and may be cited as the "Kasey Alert 
Act". 
 
SECTION 2.     NEW LAW    A new section of law to be codifie d 
in the Oklahoma Statutes as Section 1-1990.9 of Title 63, unless 
there is created a duplication in numbering, reads as follows: 
 
As used in the Kasey Alert Act: 
 
1.  "Alert" or "Kasey Alert" means the statewide Kasey Alert for 
critically missing adults;  ENR. H. B. NO. 1077 	Page 2 
 
2. "Ashanti Alert" means the national communications network 
established by the Ashanti Alert Act of 2018, Sections 21901 through 
21907 of Title 34 of the United States Code; 
 
3.  "Critically missing adult " means a person who is at least 
eighteen (18) and no older than fifty-nine (59) years of age, whose 
whereabouts are unknown and who is believed to have been abducted or 
taken against his or her will; 
 
4.  "Law enforcement agency" means any law enforcement agency of 
the state or any political subdivision ther eof, including, but not 
limited to, any county sheriff 's office, the police departments of 
tribal governments, and municipal police departments; 
 
5.  "Media outlet" includes, but is not limited to, radio 
stations, television stations, newspapers, social med ia, local 
support organizations , and other methods of communicating 
information to the public; and 
 
6.  "Not Invisible Act of 2019 " means the federal law enacted by 
United States Congress for the purpose of incre asing 
intergovernmental coordination to ident ify and combat violent crime 
within Native American lands, Sections 2801 through 2815 of Title 25 
of the United States Code. 
 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1-1990.10 of Title 63, unless 
there is created a duplication in numbering, reads as follows: 
 
The Department of Public Safety shall d evelop and implement a 
statewide Kasey Alert system to be activated on behalf of a 
critically missing adult.  The Kasey Alert system shall b e developed 
in cooperation with the Department of Transportation, the Department 
of Human Services, the Oklahoma Dep artment of Emergency Management 
and Homeland Security, tribal governments, the Oklahoma Association 
of Broadcasters, and any other state or local agency that the 
Department of Public Safety deems appropriate.  The Kasey Alert 
system shall be developed with any coordination, training , and 
assistance available from the United States Department of Justice 
pursuant to the Ashanti Alert Act of 2018 and the Not Invisible Act 
of 2019. 
  ENR. H. B. NO. 1077 	Page 3 
SECTION 4.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1-1990.11 of Title 63, unless 
there is created a duplic ation in numbering, reads as follows: 
 
A.  The Commissioner of Public Safety shall be the statewide 
coordinator of the Kasey Alert system and shall coordinate with 
media outlets for the rapid and accurate announc ement of a Kasey 
Alert to the public. 
 
B.  The Department of Public Safety shall promulgate rule s as 
necessary to implement this act, provided that the rules shall 
include the following: 
 
1.  The procedure to be used by law enforcement agencies to 
verify whether an adult who has been reported missing is believed to 
be at risk of abduction or being tak en against his or her will; 
 
2.  The criteria for law enforcement agencies to consider in 
circumstances in which a missing person may not meet the definition 
of a critically missing adult b ut whose safety would be best 
protected by the issuance of a Kasey A lert; 
 
3.  The procedure for law enforcement agencies to follow in 
initiating a statewide Kasey Alert; 
 
4.  The method whereby information is distributed to statew ide 
media outlets; 
 
5.  The procedure for the receipt and evaluation of information 
received from the public about a critically missing adult; and 
 
6.  The procedure for the termination of a Kasey Alert. 
 
SECTION 5.     NEW LAW     A new secti on of law to be codified 
in the Oklahoma Statutes as Section 1-1990.12 of Title 63, unless 
there is created a duplication in numbering, reads as follows: 
 
A.  When a law enforcement agency receives notice of a 
critically missing adult, the agency shall take the following 
actions: 
 
1.  Enter the missing individual into the National Crime 
Information Center (NCIC) database immediately upon obtaining the 
necessary information for NCIC pursuant to the guidance of the 
Federal Bureau of Investi gation (FBI);  ENR. H. B. NO. 1077 	Page 4 
 
2.  Conduct an investigation into the disa ppearance of the 
critically missing adult to determine wheth er the person has likely 
been abducted or taken against his or her will; and 
 
3.  Collect identifying information and any other information 
about the critically m issing adult that might be useful to the 
general public for the safe recovery of the person. 
 
B. A Kasey Alert shall be activated if a law enforcement agency 
receives notice of a critically missing adult, takes the actions 
required in subsection A of this section, and determines that ther e 
is sufficient information to issue the Kasey Alert. 
 
SECTION 6.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1-1990.13 of Title 63, unless 
there is created a dupli cation in numbering, reads as fo llows: 
 
A Kasey Alert shall include: 
 
1.  All appropriate informa tion provided by a law enforcement 
agency that may lead to the safe recovery of the criticall y missing 
adult; and 
 
2.  A statement instructing any person with inf ormation related 
to a missing Native American or Indigenous person to contact law 
enforcement or tribal authorities. 
 
SECTION 7.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1-1990.14 of Title 63, unless 
there is created a dup lication in numbering, reads as follows: 
 
A.  Any law enforcement ag ency that issues a Kasey Alert shall 
terminate the alert when the notification period ends, as determined 
by a Department of Public Safety rule. 
 
B.  Any law enforcement agency that locate s a person who is the 
subject of a Kasey Alert shall immediately noti fy the Department of 
Public Safety. 
 
SECTION 8.  This act shall become effective November 1, 2023. 
  ENR. H. B. NO. 1077 	Page 5 
Passed the House of Representatives the 7th day of March, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 24th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________ , 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________