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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3889 By: Ford of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to domestic violence; directing the
District Attorneys Council to develop and implement a
domestic violence forensic exam pilot program;
stating purpose of pilot program; authorizing certain
counties to participate in pilot program;
establishing the Domestic Violence Examination Fund;
stating purpose of fund; defining terms; directing
the Crime Victims Compensation Board to establish
procedures for disburs ing funds; providing
limitations on amounts disbursed; stating
requirements for claims; authorizing the District
Attorneys Council to transfer funds; authorizing the
Legislature to appropriate money to the Domestic
Violence Examination Fund; authorizing the Council to
make contracts, execute documents, or perform acts to
carry out the pilot program; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 421.21 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. Contingent upon the availability of fu nds, the District
Attorneys Council shall develop and implement a five-year Domestic
Violence Forensic Exam Pilot Program. The purpose of the D omestic
Violence Forensic Exam Pilot Program shall be to provide counties
with qualified licensed health care professionals who shall conduct
domestic violence forensic exams for victims of domestic violence
assault. Counties with a population of more than one hundred
thousand (100,000) according to the latest Federal Decennial Census
may participate in the pilot program. In conjunction with the
Domestic Violence Forensic Exam Pilot Prog ram, a Domestic Violence
Examination Fund shall be established in each participating county
for the purpose of providing to a victim of domestic violence
assault, a forensic medical ex amination by a qualified licensed
health care professional.
B. As used in this section:
1. "Domestic violence" means any act of physical harm or the
threat of imminent physical harm which is committed by an adu lt,
emancipated minor, or minor child thirte en (13) years of age or
older against another adult, emancipated minor , or minor child who
is currently or was previously an int imate partner or family or
household member;
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2. "Intimate partner" means:
a. current or former spouses,
b. persons who are in a dating relationship,
c. persons who are the biological parents of the same
child, regardless of marital status or whether they
have lived together at any time, and
d. persons who currently or formerly lived toge ther in an
intimate way, primarily character ized by affectionate
or sexual involvement. A sexual relationship may be
an indicator that a person is an intimate partner, but
is never a necessary condition;
3. "Living in the same household " means:
a. persons who regularly reside in the same single -
dwelling unit,
b. persons who resided in the same single -dwelling unit
within the past year, or
c. persons who have individual lease agreements whereby
each person has his or her own private bedroom and
shares common areas; and
4. "Qualified licensed health care professional" means a
physician, registered nurse, or other licensed health care
professional qualified by completion of a forty-hour didactic
domestic violence examiners course, as well as successful completion
of clinical competence.
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C. The Crime Victims Compensation Board shall establish the
procedures for disbursement of the Domestic Violence Examination
Fund, but in no event s hall the Crime Victims Compensati on Board pay
an amount to exceed Two Hundred Dollars ($200.00) for a domestic
violence forensic exam. Such payments shall not exceed the amounts
specified by this subsection regardless of the amount of any
individual bills comprising the claim. Payments shall be made only
upon claims signed by th e victim or guardian and qualified licensed
health care professional.
D. The District Attorneys Council is hereby authorized to
transfer funds, as specified in the appropriations bill a nnually,
from the Crime Victims Compensation Fund to t he Domestic Violence
Examination Fund for the payment o f domestic violence forensic
exams, pursuant to this section.
E. The District Attorneys Council shall have the authority to
make any contract, exe cute any document, or perform any act in order
to carry out the Domest ic Violence Forensic Exam Pilot Program.
F. Nothing in this section shall prevent the Legislature from
appropriating funds to the Domestic Violence Examination Fund for
the payment of domestic violence forensic examinations.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
02/29/2024 - DO PASS, As Amended and Coauthored.