Juvenile Justice

HB1116 Paraphrase: HB1116, by Rep. Mike Sanders, R-Kingfisher and Sen. A J Griffin, R-Guthrie, makes a statement made by a vulnerable or incapacitated person that describes any act of abuse or neglect, any act of financial exploitation or any violent act on the person that would not otherwise admissible admissible in criminal and juvenile proceedings if the court finds, in a hearing conducted outside the presence of the jury, that the time, content and circumstances of the statement provide sufficient safeguards of reliability according to standards the court may consider and the declarant is unavailable as a witness, provided that there is corroborative evidence of the act. It provides a statement may not be admitted unless the proponent of the statement makes known to the adverse party an intention to offer the statement and the particulars of the statement at least 10 days in advance of the proceedings to provide the adverse party with an opportunity to prepare to answer the statement. It establishes requirements for the notice. The bill requires the court to make specific findings of fact on the record regarding the basis for its ruling. The bill defines applicable terms. (Amended by House, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Sanders, Mike (H); Griffin, A J (S)

Status: S Introduced   Status Date: 02/22/2017

HB1123 Paraphrase: HB1123, by Rep. Scott Biggs, R-Chickasha and Sen. Bryce Marlatt, R-Woodward, requires that an individual trespassing on property containing critical property be guilty of a misdemeanor. It requires an individual who willfully damages, destroys, vandalizes or tampers with critical infrastructure be guilty of a felony. It requires an organization found to be a conspirator to those committing such crimes pay a fine that is 10 times the amount of an individual. The bill defines related terms. (Amended by House, Emergency Measure, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Biggs, Scott (H); Marlatt, Bryce (S)

Status: S Introduced   Status Date: 03/01/2017

HB1243 Paraphrase: HB1243, by Rep. Mark Lepak, R-Claremore, exempts from certain investment requirements money belonging to estates of minors and incapacitated or partially incapacitated persons, subject to the jurisdiction of a court, when an individual guardian is investing the money belonging, provided that the guardian has contracted with a person who is a registered investment advisor representative pursuant to the Oklahoma Uniform Securities Act of 2004 and a certified Financial Planner credentialed by the Certified Financial Planner Board of Standards; provided further that the court authorizes such investments.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Lepak, Mark (H)

Status: H General Order   Status Date: 02/21/2017

HB1468 Paraphrase: HB1468, by Rep. Carol Bush, R-Tulsa and Sen. David Holt, R-Oklahoma City, creates the Hidden Predator Act. The bill modifies the time limitations for prosecuting criminal offenses for sexual crimes. The bill modifies the definition of discovery and provides that any person who knowingly and willfully makes a false claim a claim that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction, will be guilty of a felony. It adds that if the defendant is acquitted, the costs, including the fees of all witnesses whom the trial judge certified to have been proper for the defense and prosecution, will be paid by the prosecuting witness, whenever the trial judge is of the opinion that there were no reasonable grounds for the prosecution or that the prosecution was not required in the interests of the public. (Amended by House, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Bush, Carol (H); Holt, David (S)

Status: H General Order   Status Date: 02/16/2017

HB1470 Paraphrase: HB1470, by Rep. Carol Bush, R-Tulsa and Sen. David Holt, R-Oklahoma City, removes the time limitations for civil actions based on childhood sexual abuse incidents and allows an action to commence by the forty-fifth birthday of the alleged victim. The bill establishes a new time limitation for civil actions and removes language related to evidentiary and discovery requirements. The bill adds that any party bringing an action against an individual in which the defendant is ultimately found not liable for the complaint will be subject to treble damages if and when the defendant pursues a counterclaim and receives a compensatory or punitive judgment. It requires damages against legal entities to be awarded only if there is a finding of gross negligence on the part of the legal entity. (Amended by House, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Bush, Carol (H); Holt, David (S)

Status: H General Order   Status Date: 02/21/2017

HB1472 Paraphrase: HB1472, by Rep. Travis Dunlap, R-Bartlesville, said content accessible on the Internet. It requires those monies be remitted to the State Treasurer for use in the General creates the Human Trafficking and Child Exploitation Act. The bill requires a service provider to filter content to prevent the transmission of obscene material to the consumer upon the request of said consumer. It states a method of compliance. It directs service providers to provide notice to consumers. It provides methods by which compliance with the mandate therein may be satisfied. It authorizes service providers to charge consumers for filtering content. It authorizes the Attorney General to provide notification to service providers. It establishes penalties for noncompliance. It directs the Consumer Protection Unit of the Office of the Attorney General to test the effectiveness of filtering system of service providers on an annual basis. It provides for the availability of the results of said test to the public. It requires the Consumer Protection Unit to promulgate rules. It defines terms used therein. (Amended by House, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Dunlap, Travis (H)

Status: H General Order   Status Date: 03/01/2017

HB1605 Paraphrase: HB1605, by Rep. John Enns, R-Enid and Sen. Roland Pederson, R-Burlington, creates the Debra Reed Act. The bill requires those convicted of consuming alcohol while driving to abstain from such by court order for a period determined by the court. It requires a notation of the restriction be affixed to such a person’s driver’s license. It provides for the removal of such a restriction and procedures by which the court may take for those found in violation. The bill deems the selling, furnishing or granting of alcoholic beverages to a person ordered to abstain or refrain from doing so to be a felony punishable by a fine and/or imprisonment. The bill requires the Department to develop a procedure whereby a person subject to an order by a court to abstain or refrain from consuming alcohol to submit their driver license or identification card for a replacement. It provides requirements for the replacement card. The bill requires any person under the age of 21 convicted of an offense described therein have their driving privileges revoked or denied by the Department of Public Safety until the person attains 21 years of age. It allows such a period to be modified.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Enns, John (H); Pederson, Roland (S)

Status: H General Order   Status Date: 02/22/2017

HB1835 Paraphrase: HB1835, by Rep. Tim Downing, R-Purcell and Sen. Lonnie Paxton, R-Tuttle, allows the court to order a child placed in a juvenile detention facility pending court proceedings if the court finds the detention to be essential for the safety of the child when the child is taken into custody and is in need of supervision as a result of being a runaway. The bill prohibits any child who has been adjudicated in need of supervision to be placed in a secure facility; provided, a child who has been adjudicated in need of supervision and who has willfully violated a valid court order including, but not limited to, an order to appear before the court after having been properly served with a summons or an order issued by the court to appear before the court may be placed in secure detention. It requires runaway juveniles for other states, with or without a delinquent status, to be held in a detention facility in accordance with the Interstate Compact for Juveniles (Amended by House, Emergency Measure, Committee Substitute)

Effective Date: / /    Emergency: Yes

Principal Authors: Downing, Tim (H); Paxton, Lonnie (S)

Status: S Introduced   Status Date: 02/23/2017

HB1922 Paraphrase: HB1922, by Rep. Chris Kannady, R-Oklahoma City, expands the scope of statement admissible in criminal and juvenile proceedings in the court made by children or incapacitated persons to include neglect.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Kannady, Chris (H)

Status: H General Order   Status Date: 02/14/2017

SB0034 Paraphrase: SB0034, by Sen. Kimberly David, R-Porter and Rep. Scott Biggs, R-Chickasha, prohibits lack of knowledge of the age of a human trafficking victim from constituting a defense to the human trafficking of a minor. (Passed by Senate and Engrossed to House)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: David, Kimberly (S); Biggs, Scott (H)

Status: S General Order   Status Date: 02/21/2017

SB0228 Paraphrase: SB0228, by Sen. A J Griffin, R-Guthrie and Rep. Mark Lawson, R-Sapulpa, removes the requirement that the Office of Juvenile Affairs implement programs for establishment and continued operation of community intervention centers and instead directs OJA to certify community intervention centers that are established by one or more municipalities or one or more counties or juvenile bureaus pursuant to rules promulgated by the agency. The bill allows a municipality, county or juvenile bureau to enter into contracts or subcontracts with one or more service providers. It further requires OJA to notify a juvenile detention facility at least five days prior to a child’s 18th birthday that he or she will be remaining in the facility pending placement if the child in custody pending placement is court ordered to remain in custody until he or she reaches 19 years of age. The bill recognizes the OJA Board of Directors as the agency’s governing body. (Amended by Senate)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Lawson, Mark (H)

Status: S General Order   Status Date: 02/20/2017

SB0249 Paraphrase: SB0249, by Sen. Anastasia Pittman, D-Oklahoma City, provides a definition for domestic sex trafficking of minors under state law. It defines it as a commercial sex act that is induced by force, fraud or coercion, or in which the person induced to perform such an act has not attained 18 years of age. (Passed by Senate, Referred for Engrossment)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Pittman, Anastasia (S)

Status: S General Order   Status Date: 03/02/2017

SB0301 Paraphrase: SB0301, by Sen. A J Griffin, R-Guthrie and Rep. Jon Echols, R-Oklahoma City, exempts a student who was in out-of-home placement with the Department of Human Services or the Office of Juvenile Affairs from certain requirements for participation in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program. (Amended by Senate, Stricken Title)

Effective Date: 07/01/2017    Emergency: No

Principal Authors: Griffin, A J (S); Echols, Jon (H)

Status: S General Order   Status Date: 02/15/2017

SB0322 Paraphrase: SB0322, by Sen. Lonnie Paxton, R-Tuttle and Rep. Scott Biggs, R-Chickasha, requires notice of review hearings be sent, via regular first-class mail, to the tribe of the Indian child unless the tribe is present at the time the review hearing is set and consents to the date of the review. It provides a tribe’s right to notice is not dependent on intervention into the case and the notice will be evidenced by filing a certificate of mailing prior to the review hearing. (Amended by Senate, Stricken Title, Committee Substitute)

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Paxton, Lonnie (S); Biggs, Scott (H)

Status: S General Order   Status Date: 02/28/2017

SB0384 Paraphrase: SB0384, by Sen. Anthony Sykes, R-Moore and Rep. Kevin West, R-Moore, requires the Department of Public Safety to immediately revoke the driving privileges of any person under 21 years of age for one year upon receiving a record of the person’s conviction in any municipal, state or federal court of any of the following offenses: malicious use of an explosive or incendiary device to damage property; conspiracy to injure or damage by use of an explosive or incendiary device; making a false report concerning a destructive device in a public building; perpetrating a hoax concerning a destructive device in a public building; possessing or carrying a dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property; or causing, encouraging or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Sykes, Anthony (S); West, Kevin (H)

Status: S General Order   Status Date: 02/23/2017

SB0765 Paraphrase: SB0765, by Sen. Ervin Yen, R-Oklahoma City, makes it unlawful for a person under 18 years of age to use any tanning device of any tanning facility. The bill defines applicable terms. It exempts any physician who is duly licensed to practice medicine and who uses or prescribes to be used a phototherapy device with respect to a patient of any age in the practice of medicine. It requires the owner, lessee or operator of a tanning facility to post in a conspicuous place in each tanning facility owned, leased or operated by that person a notice, available on the State Department of Health’s website, that states all of the following: it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use any tanning device; that a tanning facility or operator that violates one or more provisions of this section may be subject to a civil penalty; that an individual may report a violation of one or more provisions of this section to the local law enforcement agency; and that health risks associated with tanning include but are not limited to skin cancer, premature aging of skin, burns to the skin and adverse reactions to certain medications, foods and cosmetics.

Effective Date: 11/01/2017    Emergency: No

Principal Authors: Yen, Ervin (S)

Status: S General Order   Status Date: 02/28/2017

 

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