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SENATE FLOOR VERSION
February 28, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1933 By: Floyd and Bullard of the
Senate
and
Wallace of the House
An Act relating to sexual assault; creating the
Sexual Assault Forensic Evidence (SAFE) Board;
establishing duties, powers, and responsibilities of
the Board; providing for use of executive sessions by
the Board; subjecting Board to the provisions of the
Oklahoma Open Meeting Act ; requiring submission of
certain reports to certain entiti es; providing for
membership; providing for qualifications for Board
members; stating appointment terms; establishing
Board procedures for election of chair and vice
chair; establishing meeting frequency; stating
quorum; allowing for certain reimbursement; requiring
Office of the Attorney General to provide certain
support; amending 25 O.S. 2021, Section 307, as
amended by Section 1, Chapter 182, O.S.L. 2022 (25
O.S. Supp. 2023, Section 307) , which relates to
executive sessions; authorizing executive sessions
for certain entity; updating statutory reference;
providing for codification; and providing an
effective date.
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 143 of Title 21, unless there is
created a duplication in numbering, reads as follows:
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A. There is hereby created the Sexual Assault Forensic Evidence
(SAFE) Board within the Office of the Attorney General. The Board
shall have the power and duty to:
1. Examine the process for gathering and ana lyzing sexual
assault forensic evidence kits in this state and work with members
of the Legislature to draft proposed legislati on to improve the
response of medical and law enforcement systems to sexual assault;
2. Develop a plan for the prioritization and acceptance of
untested sexual assault foren sic evidence kits identified in the
statewide audit conducted by the Board;
3. Identify possible procedures for the testing of anonym ous
sexual assault evidence kits;
4. Identify possible improvements for victim access to evidence
other than sexual assault forensic evidence kits including, but not
limited to, police reports and o ther physical evidence;
5. Identify additional rights of victims conce rning the sexual
assault forensic evidence kits testing process;
6. Identify and pursue grants and other fu nding sources to
address untested sexual assault forensic evidence ki ts, reduce
testing wait times, provide victim notification, and i mprove
efficiencies in the kit testing process ; and
7. Develop a comprehensive training plan for equipping and
enhancing the work of law enforcement, prosecutors, victim
advocates, Sexual Assault Nurse Examiners, and multidisciplinary
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Sexual Assault Response Teams (SAR Ts) across all jurisdictions
within this state.
B. In carrying out its duties and responsibilities, the Boa rd
shall:
1. Promulgate rules establishing criteria for the collection of
sexual assault forensic evidence subject to specific, in -depth
review by the Board;
2. Establish and maintain statistical information related to
sexual assault forensic eviden ce collection including, but not
limited to, demographic an d medical diagnostic informa tion;
3. Establish procedures for obtaining initial information
regarding the collection of sexual assault forensic evidence from
medical and law enforcement entities;
4. Review the policies, practices, and procedures of the
medical and law enforcement systems and make specific
recommendations to the enti ties comprising the medical and law
enforcement systems for actions necessary to improve such systems;
5. Review the extent to which the medical and law enforcement
systems are coordinated and evaluate whether the state is
efficiently discharging its sexual assault forensi c evidence
collection responsibilities;
6. Request and obtain a copy of all records and reports
pertaining to sexual assault forensic evidence including, but not
limited to:
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a. hospital records,
b. court records,
c. local, state, and fed eral law enforcement records,
d. medical and dental records, and
e. emergency medical service records .
Confidential information provided to the Board shall be
maintained by the Board in a confidential man ner as otherwise
required by state and federal law. Any person damage d by disclosure
of such confidential information by the Board or its members which
is not authorized by law may maintain an action for damages, costs,
and attorney fees pursua nt to The Governmental Tort Claims Act;
7. Maintain all confid ential information, documents, and
records in possession of the Board as confidential and not subject
to subpoena or discovery in any civil or criminal proceedings;
provided, however, such information , documents, and records
otherwise available from other sources shall not be exempt from
subpoena or discovery through such sources solely because such
information, documents, an d records were presented to or reviewed by
the Board; and
8. Exercise all incidental powers necessary and proper fo r the
implementation and administration of the Sexual Assault Forensic
Evidence (SAFE) Board.
C. The review and discussion of individu al cases of sexual
assault evidence collection shall be conducted in executive session.
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All discussions of individual cases and any writings produced by or
created for the Board in the course of determining a remedial
measure to be recommended by the Board, as the result of a review of
an individual case of sexual assault evidence collection, shall be
privileged and shall not be admissible i n evidence in any
proceeding. All other business shall be conducted in accord ance
with the provisions of the Oklahom a Open Meeting Act. The Board
shall periodically conduct m eetings to discuss organization and
business matters and any actions or recommendations aimed at
improvement of the collection of sexual assault forensic evidence
which shall be subject to the Oklahoma Open Meeting Act.
D. The Board shall submit an annual statistical re port on the
incidence of sexual assault forensic e vidence collection in this
state for which the Board has completed its review during the past
calendar year including its recommenda tions, if any, to medical and
law enforcement systems. The Board shall also prepare and make
available to the public an annual report containing a summary o f the
activities of the Board relating to the review of sexual assault
forensic evidence collection and an evaluation of whether the state
is efficiently discharging its sexual assault forensic evidence
collection responsibilities. The report shall be completed no later
than February 1 of the subsequent year.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 143.1 of Title 21, unless there
is created a duplication in numbering, reads as follo ws:
A. The Sexual Assault Forensic Evidence (SAFE) Board shall
consist of seventeen (17) members as follows:
1. Four nonvoting members as follows:
a. the President Pro Tempore of the Senate shall appoint
two members of the Senate who shall not be members of
the same political party, and
b. the Speaker of the House of Repre sentatives shall
appoint two members of the House of Representati ves
who shall not be members of the same political party;
2. Seven voting members as follows:
a. the Attorney General or designee,
b. the Director of the Oklahoma State Bureau of
Investigation or designee,
c. the Chief of the Oklahoma City Police Department or
designee,
d. the Chief of the Tulsa Police Department or designee,
e. the Executive Coordinator of the District Attorneys
Council or designee,
f. the Executive Director of the Native Alliance Against
Violence or designee, and
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g. the Executive Director of the Council on Law
Enforcement Education and Training or designee; and
3. Six voting members to be appointed by the Attorney General
to serve for terms of two (2) years and who shall be eligible for
reappointment. Such members shall be persons having training or
experience in matters related to sexual assault. The appointed
members shall include:
a. a Sexual Assault Nurse Examiner selected from a list
of three names submitted by the Oklahoma Nurses
Association,
b. a chief of a municipal police department , not
designated in subparagraph c or d of paragraph 2 of
this subsection, selected from a list of th ree names
submitted by the Oklahoma Association of Chiefs of
Police,
c. a county sheriff selected from a list of three names
submitted by the execu tive board of the Oklahom a
Sheriffs’ Association,
d. an attorney from an office of public defenders with
criminal defense experience from a list of three names
submitted by the Oklahoma Indigent Defense System or
other public defenders organization,
e. an advocate of sexual assault victims from a
community-based organization, and
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f. a person who is a survivor of sexual assault and who
has experience with sexual assault fore nsic evidence
kit collection or is a survi vor of sexual assault
committed in this state who has partic ipated in the
justice system process.
B. Every two (2) years the Board shall elect from among its
membership a chair and a vice chair. The Board shall meet at least
quarterly and may meet more frequently as necessary as determined by
the chair. Seven (7) voting members or their designees, as
specified in paragraphs 2 and 3 of subsection A of this section,
shall constitute a quorum.
C. Members shall serve without compensation but may be
reimbursed for necessary travel out of funds available t o the Office
of the Attorney General pursuant to t he State Travel Reimbursement
Act; provided, that the reimbursement s hall be paid in the case of
state employee members by the agency employing the member.
D. The Office of the Attorney General shall provide
administrative assistance and servi ces to the Sexual Assault
Forensic Evidence Board with funds appropriated or othe rwise
available for that purpose.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 307, as
amended by Section 1, Cha pter 182, O.S.L. 2022 (25 O.S. Supp. 2023,
Section 307), is amended to read as follows:
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Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provided in this section.
B. Executive sessions of public bodies will be permitted only
for the purpose of:
1. Discussing the employment, hiring, appointment, promotion,
demotion, disciplining or resignation of any individual sa laried
public officer or employee;
2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the purchase or appraisal of rea l property;
4. Confidential communications bet ween a public body and its
attorney concerning a pending investigation, claim, or action i f the
public body, with the advice of its attorney, determines that
disclosure will seriously impair the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interest;
5. Permitting district boards of education to hear evidence and
discuss the expulsion or suspension of a student when requested by
the student involved or the student’s parent, attorney or legal
guardian;
6. Discussing matters involving a specific handicapped child;
7. Discussing any matter where disclosure of information would
violate confidentiality req uirements of state or federal law;
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8. Engaging in deliberations or rendering a final or
intermediate decision in an individual proceeding pursuant to
Article II of the Administrative Procedures Act;
9. Discussing matters involving safety and security at state
penal institutions or corr ectional facilities used to house state
inmates;
10. Discussing contract negotiation s involving contracts
requiring approval of the State Board of Corrections, which shall be
limited to members of the public body, the attor ney for the public
body, and the immediate staff of the public body. No person who may
profit directly or indirectly by a proposed transaction which is
under consideration may be present or participate in the executiv e
session; or
11. Discussing the following:
a. the investigation of a plan or scheme to commit an act
of terrorism,
b. assessments of the vulnerability of government
facilities or public improvements to an act of
terrorism,
c. plans for deterrence or prevention of or protection
from an act of terrorism,
d. plans for response or remediation after an act of
terrorism,
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e. information technology of the public b ody but only if
the discussion specifically identifies:
(1) design or functional schematics that demo nstrate
the relationship or connections between devices
or systems,
(2) system configuration information,
(3) security monitoring and response equipment
placement and configuration,
(4) specific location or placement o f systems,
components or devices,
(5) system identification numbers, names, or
connecting circuits,
(6) business continuity and disaster planning, or
response plans, or
(7) investigation inform ation directly related to
security penetrations or denial of services, or
f. the investigation of an act of terrorism that has
already been committed.
For the purposes of this subsection, the term “terrorism” means any
act encompassed by the definitions se t forth in Section 1268.1 of
Title 21 of the Oklahoma Statutes.
C. Notwithstanding the provisions of subsection B of this
section, the following public bodies may hold executive sessions:
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1. The State Banking Board, as provided for under Section 306.1
of Title 6 of the Oklahoma Statutes;
2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Dev elopment Finance Authority, as provided for
in Section 5062.6 of Title 74 of the Okla homa Statutes;
4. The Oklahoma Center for the Advancement of S cience and
Technology, as provided for in Section 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Health Research Committee for purposes of
conferring on matters pertaining to res earch and development of
products, if public disclosure of the matter discussed would
interfere with the development of patents, copyrights, products, or
services;
6. The Oklahoma Workers’ Compensation Commission for the
purposes provided for in Section 20 of Titl e 85A of the Oklahoma
Statutes;
7. A review committee , as provided for in Section 855 of Title
62 of the Oklahoma Statutes;
8. The Child Death Review Board for purposes of receiving and
conferring on matters pertaining to materials declared confidential
by law;
9. The Domestic Violence Fatality Review Board as provided in
Section 1601 of Title 22 of the Oklahoma Statutes;
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10. The Opioid Overdose Fatality Review Board, a s provided in
Section 2-1001 of Title 63 of the Oklahoma Statutes;
11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts, task forces or s tudy groups supported in whole or par t by
public funds or entrusted with the expenditure of public funds for
purposes of conferring on matters pertaining to economic development
including the transfer of property, financing, or the creation of a
proposal to entice a business to remain or to l ocate within their
jurisdiction if public disclosure of the matter discussed would
interfere with the development of products or services o r if public
disclosure would violate the confidentiality of the business;
12. The Oklahoma Indigent Defense System B oard for purposes of
discussing negotiating strategies in connection with making pos sible
counteroffers to offers to contract to provide legal representation
to indigent criminal defendants and indigent juveniles in cases for
which the System must provide representation pursuant to the
provisions of the Indigent Defense Act;
13. The Quality Investment Committee for purposes of discussing
applications and confidential materials pursuant to the terms of the
Oklahoma Quality Investment Act;
14. The Oklahoma Municipal Power Authority established pursuant
to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
in its role as an electric utility regulated by the federal
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government, for purposes of discussing security plans and procedures
including, but not limited to, cybersecurity matters; and
15. The Oklahoma Tax Commis sion for purposes of discussing
confidential taxpayer matters as provided in Section 205 of Title 68
of the Oklahoma Statutes, and in compliance w ith subsection E of
this section; and
16. The Sexual Assault Forensic Evidence (SAFE) Board as
provided in Section 1 of this act .
D. Except as otherwise specified in this subsection, an
executive session for the purpose of discussing the purchase or
appraisal of real property shall be limite d to members of the public
body, the attorney for the public body and the immediate staff of
the public body. No landowner, real estate salesperson, broker,
developer or any other person who may profit directly or ind irectly
by a proposed transaction concerning real property which is under
consideration may be present or participate in the execut ive
session, unless they are operating under an existing agreement to
represent the public body.
E. No public body may go into an executive session unless the
following procedures are strictly complied with:
1. The proposed executive session is noted on the agenda as
provided in Section 311 of this title;
2. The executive session is authorized by a majority vote of a
quorum of the members present and the vote is a recorded vote; and
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3. Except for matters considered in executive sessions of the
State Banking Board and the Oklahoma Tax Commission, and which are
required by state or fede ral law to be confidential, any vote or
action on any item of business considered in an executive session
shall be taken in public meeting with t he vote of each member
publicly cast and recorded.
F. A willful violation of the provisions of this section shall:
1. Subject each member of the public body to criminal sanctions
as provided in Section 314 of this title; and
2. Cause the minutes and all other records of the executive
session including tape recordings, to be immediately made public.
SECTION 4. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 28, 2024 - DO PASS AS AMENDED BY CS