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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED 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 entities; 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 s ection 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 A ttorney General. The Board
shall have the power and duty to:
1. Examine the process for gathering and a nalyzing sexual
assault forensic evidence kits in this state and work with members
of the Legislature to draft proposed legislation 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 forensic evidence kits identified in the
statewide audit conducted by the Board;
3. Identify possible proced ures for the testing of anonymous
sexual assault evidence kits;
4. Identify possible improvements for vi ctim access to evidence
other than sexual assault forensic evidence kits including, but not
limited to, police reports and other physical evidence;
5. Identify additional rights of victims concerning the sexual
assault forensic evidence kits testing proce ss;
6. Identify and pursue grants and other funding sources to
address untested sexual assault forensic evidence kits, reduce
testing wait times, prov ide victim notification, and improve
efficiencies in the kit testing process; and
7. Develop a comprehen sive training plan for equipping and
enhancing the work of law enforcement, prosecutors, victim
advocates, Sexual Assault Nurse Examiners, and multidis ciplinary
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Sexual Assault Response Teams (SARTs) across all jurisdictions
within this state.
B. In carrying out its duties and responsibilities, the Board
shall:
1. Promulgate rules establishing criteria for the collection of
sexual assault forensic evide nce 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 and medical diagnostic information;
3. Establish procedures for obtaining initial information
regarding the collection of sexual assault forensic evidence f rom
medical and law enforcement entities;
4. Review the policies, practices, and procedures of the
medical and law enforcement systems and make specif ic
recommendations to the entities comprising the medical and law
enforcement systems for actions necessa ry 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 forensic 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 federal 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 manner as otherwise
required by state and federal law. Any person damaged by disclosure
of such confidential information by the B oard or its members which
is not authorized by law may maintain an action for damages, costs,
and attorney fees pursuant to The Governmental Tort Claim s Act;
7. Maintain all confidential information, documents, and
records in possession of the Board as co nfidential 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, and records were presented to or reviewed by
the Board; and
8. Exercise all incidental powers necessary a nd proper for 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 i ndividual cases and any writings produced by or
created for the Board in the course of determining a reme dial
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 in evidence in any
proceeding. All other business shall be conducted in acc ordance
with the provisions of the Oklahom a Open Meeting Act. The Board
shall periodically conduct meetings to discuss organization and
business matters and any actions or recommendations aimed at
improvement of the collection of sexual assault forensic e vidence
which shall be subject to the Oklahoma Open Meeting Act.
D. The Board shall submit an annual statistical report on the
incidence of sexual ass ault forensic evidence collection in this
state for which the Board has completed its review during the p ast
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 of the
activities of the Board relating to the review of s exual 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 Statutes as Section 143.1 of Title 21, unless there
is created a duplication in numbering, reads as follows:
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 Representatives shall
appoint two members of the House of Representatives
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 o f
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; a nd
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 appoi nted
members shall include:
a. a Sexual Assault Nurse Examiner selected from a list
of three names submit ted 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 three names
submitted by the Oklahoma Association of Chiefs of
Police,
c. a county sheriff selected from a list of three names
submitted by the executive board of the Oklahoma
Sheriffs’ Association,
d. an attorney from an off ice of public defenders with
criminal defense experience from a list of three names
submitted by the Okla homa 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 forensic evide nce
kit collection or is a survivor of sexual assault
committed in this state who has participated in the
justice system process .
B. Every two (2) yea rs the Board shall elect from among its
membership a chair and a vice chair. The Board shall meet at lea st
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 to the Office
of the Attorney General pursuant to the State Travel Reimb ursement
Act; provided, that the reimbursement shall 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 services to the Sexual Assault
Forensic Evidence Board with funds appropriated or otherwise
available for that purpose.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 307, as
amended by Section 1, Chapter 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 specific ally 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 salaried
public officer or employee;
2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the purchase or appraisal of real property;
4. Confidential communications between a public body and its
attorney concerning a pending in vestigation, claim, or action if 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 pub lic 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 s pecific handicapped child;
7. Discussing any matter where disclosure of information would
violate confidentiality requirements 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 corre ctional facilities used to house state
inmates;
10. Discussing contract negotiations involving contracts
requiring approval of the State Board of Corrections, which shall be
limited to members of the public body, the attorney for the public
body, and the immediate staff of the public body. No person who may
profit directly or indirectly by a proposed transa ction which is
under consideration may be present or participate in the executive
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 body but only if
the discussion specifically identifies:
(1) design or functional schematics that demonstrate
the relationship or connections between devices
or systems,
(2) system configuration information,
(3) security monitoring and response equipment
placement and configura tion,
(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 information directly relate d 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 t his subsection, the term “terrorism” means any
act encompassed by the definitions set forth in Section 12 68.1 of
Title 21 of the Oklahoma Statutes.
C. Notwithstanding the provisions of subsection B of this
section, the following public bodies may hold exe cutive sessions:
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1. The State Banking Board, as provided for under Section 306.1
of Title 6 of the Oklah oma Statutes;
2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Deve lopment Finance Authority, as provided for
in Section 5062.6 of Title 74 of the Oklahoma 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 research 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 Title 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 p urposes 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, as 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 study groups supported in whol e or part 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 locate 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 Board for purposes of
discussing negotiating strategies in connection with making possible
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 Investmen t 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 Oklah oma 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 Commission for purposes of dis cussing
confidential taxpayer matters as p rovided in Section 205 of Title 68
of the Oklahoma Statutes, and in compliance with 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 limited to members of the public
body, the attorney for the public body and the immediate staff of
the public body. No landowner, real estate s alesperson, broker,
developer or any other person who may profit directly or indirectly
by a proposed transac tion concerning real property which is under
consideration may be present or participate in the executive
session, unless they are operating under an existing agreement to
represent the public body.
E. No public body may go into an executive session unles s 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 federal 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 the vote of each member
publicly cast and recorded.
F. A willful violatio n 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 AND BUDGET, dated
04/11/2024 - DO PASS, As Amended.