1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1933 By: Floyd
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6 AS INTRODUCED
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7 An Act relating to sexual assault; creating the
7 Sexual Assault Forensic Evidence (SAFE) Board;
8 establishing duties, powers, and responsibilities of
8 the Board; providing for use of executive sessions by
9 the Board; subjecting Board to the provisions of the
9 Oklahoma Open Meeting Act; requiring submission of
10 certain reports to certain entities; providing for
10 membership; providing for qualifications for Board
11 members; stating appointment terms; establishing
11 Board procedures for election of chair and vice
12 chair; establishing meeting frequency; stating
12 quorum; allowing for certain reimbursement; requiring
13 Office of the Attorney General to provide certain
13 support; amending 25 O.S. 2021, Section 307, as
14 amended by Section 1, Chapter 182, O.S.L. 2022 (25
14 O.S. Supp. 2023, Section 307), which relates to
15 executive sessions; authorizing executive sessions
15 for certain entity; updating statutory reference;
16 providing for codification; and providing an
16 effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 143 of Title 21, unless there is
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22 created a duplication in numbering, reads as follows:
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 1 A. There is hereby created the Sexual Assault Forensic Evidence
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2 (SAFE) Board within the Office of the Attorney General. The Board
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3 shall have the power and duty to:
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4 1. Examine the process for gathering and analyzing sexual
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5 assault forensic evidence kits in this state and work with members
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6 of the Legislature to draft proposed legislation to improve the
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7 response of medical and law enforcement systems to sexual assault;
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8 2. Develop a plan for the prioritization and acceptance of
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9 untested sexual assault forensic evidence kits identified in the
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10 statewide audit conducted by the Board;
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11 3. Identify possible procedures for the testing of anonymous
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12 sexual assault evidence kits;
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13 4. Identify possible improvements for victim access to evidence
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14 other than sexual assault forensic evidence kits including, but not
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15 limited to, police reports and other physical evidence;
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16 5. Identify additional rights of victims concerning the sexual
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17 assault forensic evidence kits testing process;
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18 6. Identify and pursue grants and other funding sources to
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19 address untested sexual assault forensic evidence kits, reduce
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20 testing wait times, provide victim notification, and improve
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21 efficiencies in the kit testing process; and
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22 7. Develop a comprehensive training plan for equipping and
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23 enhancing the work of law enforcement, prosecutors, victim
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24 advocates, Sexual Assault Nurse Examiners, and multidisciplinary
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 1 Sexual Assault Response Teams (SARTs) across all jurisdictions
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2 within this state.
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3 B. In carrying out its duties and responsibilities, the Board
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4 shall:
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5 1. Promulgate rules establishing criteria for the collection of
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6 sexual assault forensic evidence subject to specific, in-depth
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7 review by the Board;
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8 2. Establish and maintain statistical information related to
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9 sexual assault forensic evidence collection including, but not
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10 limited to, demographic and medical diagnostic information;
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11 3. Establish procedures for obtaining initial information
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12 regarding the collection of sexual assault forensic evidence from
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13 medical and law enforcement entities;
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14 4. Review the policies, practices, and procedures of the
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15 medical and law enforcement systems and make specific
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16 recommendations to the entities comprising the medical and law
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17 enforcement systems for actions necessary to improve such systems;
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18 5. Review the extent to which the medical and law enforcement
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19 systems are coordinated and evaluate whether the state is
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20 efficiently discharging its sexual assault forensic evidence
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21 collection responsibilities;
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22 6. Request and obtain a copy of all records and reports
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23 pertaining to sexual assault forensic evidence including, but not
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24 limited to:
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 1 a. hospital records,
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2 b. court records,
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3 c. local, state, and federal law enforcement records,
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4 d. medical and dental records, and
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5 e. emergency medical service records.
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6 Confidential information provided to the Board shall be
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7 maintained by the Board in a confidential manner as otherwise
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8 required by state and federal law. Any person damaged by disclosure
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9 of such confidential information by the Board or its members which
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10 is not authorized by law may maintain an action for damages, costs,
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11 and attorney fees pursuant to The Governmental Tort Claims Act;
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12 7. Maintain all confidential information, documents, and
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13 records in possession of the Board as confidential and not subject
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14 to subpoena or discovery in any civil or criminal proceedings;
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15 provided, however, such information, documents, and records
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16 otherwise available from other sources shall not be exempt from
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17 subpoena or discovery through such sources solely because such
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18 information, documents, and records were presented to or reviewed by
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19 the Board; and
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20 8. Exercise all incidental powers necessary and proper for the
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21 implementation and administration of the Sexual Assault Forensic
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22 Evidence (SAFE) Board.
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23 C. The review and discussion of individual cases of sexual
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24 assault evidence collection shall be conducted in executive session.
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 1 All discussions of individual cases and any writings produced by or
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2 created for the Board in the course of determining a remedial
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3 measure to be recommended by the Board, as the result of a review of
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4 an individual case of sexual assault evidence collection, shall be
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5 privileged and shall not be admissible in evidence in any
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6 proceeding. All other business shall be conducted in accordance
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7 with the provisions of the Oklahoma Open Meeting Act. The Board
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8 shall periodically conduct meetings to discuss organization and
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9 business matters and any actions or recommendations aimed at
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10 improvement of the collection of sexual assault forensic evidence
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11 which shall be subject to the Oklahoma Open Meeting Act.
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12 D. The Board shall submit an annual statistical report on the
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13 incidence of sexual assault forensic evidence collection in this
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14 state for which the Board has completed its review during the past
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15 calendar year including its recommendations, if any, to medical and
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16 law enforcement systems. The Board shall also prepare and make
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17 available to the public an annual report containing a summary of the
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18 activities of the Board relating to the review of sexual assault
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19 forensic evidence collection and an evaluation of whether the state
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20 is efficiently discharging its sexual assault forensic evidence
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21 collection responsibilities. The report shall be completed no later
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22 than February 1 of the subsequent year.
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 143.1 of Title 21, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. The Sexual Assault Forensic Evidence (SAFE) Board shall
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5 consist of eighteen (18) members, or their designees, as follows:
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6 1. Nine of the members shall be:
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7 a. the Chief of the Victim Services Unit within the
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8 Office of the Attorney General,
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9 b. the Director of the Oklahoma State Bureau of
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10 Investigation,
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11 c. the Executive Director of the Oklahoma Sheriffs’
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12 Association,
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13 d. the Chief of the Oklahoma City Police Department,
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14 e. the Chief of the Tulsa Police Department,
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15 f. the Executive Director of the Oklahoma Association of
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16 Chiefs of Police,
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17 g. the Executive Coordinator of the District Attorneys
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18 Council,
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19 h. the Executive Director of the Native Alliance Against
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20 Violence, and
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21 i. the Executive Director of the Council on Law
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22 Enforcement Education and Training; and
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23 2. Nine of the members shall be appointed by the Attorney
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24 General, shall serve for terms of two (2) years, and shall be
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 1 eligible for reappointment. The members shall be persons having
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2 training or experience in matters related to sexual assault. The
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3 appointed members shall include:
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4 a. two individuals of which one is a survivor of sexual
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5 assault who has experience with sexual assault
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6 forensic evidence kit collection and the other is a
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7 survivor of sexual assault committed in this state who
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8 has participated in the justice system process,
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9 b. a Sexual Assault Nurse Examiner selected from a list
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10 of three names submitted by the Oklahoma Nurses
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11 Association,
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12 c. a chief of a municipal police department selected from
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13 a list of three names submitted by the Oklahoma
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14 Association of Chiefs of Police,
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15 d. a county sheriff selected from a list of three names
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16 submitted by the executive board of the Oklahoma
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17 Sheriffs’ Association,
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18 e. an attorney from an office of public defenders with
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19 criminal defense experience from a list of three names
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20 submitted by the Oklahoma Indigent Defense System or
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21 other public defenders organization,
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22 f. an advocate of sexual assault victims from a
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23 community-based organization,
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 1 g. a representative of the Administrative Office of the
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2 Courts who is familiar with data coding and running
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3 queries, and
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4 h. a person with experience seeking and applying for
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5 grants and other private funding.
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6 B. Every two (2) years the Board shall elect from among its
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7 membership a chair and a vice chair. The Board shall meet at least
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8 quarterly and may meet more frequently as necessary as determined by
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9 the chair. Ten members or their designees, as specified in
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10 subsection A of this section, shall constitute a quorum.
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11 C. Members shall serve without compensation but may be
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12 reimbursed for necessary travel out of funds available to the Office
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13 of the Attorney General pursuant to the State Travel Reimbursement
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14 Act; provided, that the reimbursement shall be paid in the case of
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15 state employee members by the agency employing the member.
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16 D. The Office of the Attorney General shall provide
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17 administrative assistance and services to the Sexual Assault
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18 Forensic Evidence Board with funds appropriated or otherwise
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19 available for that purpose.
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20 SECTION 3. AMENDATORY 25 O.S. 2021, Section 307, as
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21 amended by Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2023,
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22 Section 307), is amended to read as follows:
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23 Section 307. A. No public body shall hold executive sessions
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24 unless otherwise specifically provided in this section.
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 1 B. Executive sessions of public bodies will be permitted only
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2 for the purpose of:
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3 1. Discussing the employment, hiring, appointment, promotion,
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4 demotion, disciplining or resignation of any individual salaried
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5 public officer or employee;
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6 2. Discussing negotiations concerning employees and
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7 representatives of employee groups;
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8 3. Discussing the purchase or appraisal of real property;
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9 4. Confidential communications between a public body and its
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10 attorney concerning a pending investigation, claim, or action if the
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11 public body, with the advice of its attorney, determines that
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12 disclosure will seriously impair the ability of the public body to
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13 process the claim or conduct a pending investigation, litigation, or
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14 proceeding in the public interest;
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15 5. Permitting district boards of education to hear evidence and
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16 discuss the expulsion or suspension of a student when requested by
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17 the student involved or the student’s parent, attorney or legal
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18 guardian;
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19 6. Discussing matters involving a specific handicapped child;
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20 7. Discussing any matter where disclosure of information would
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21 violate confidentiality requirements of state or federal law;
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22 8. Engaging in deliberations or rendering a final or
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23 intermediate decision in an individual proceeding pursuant to
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24 Article II of the Administrative Procedures Act;
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 1 9. Discussing matters involving safety and security at state
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2 penal institutions or correctional facilities used to house state
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3 inmates;
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4 10. Discussing contract negotiations involving contracts
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5 requiring approval of the State Board of Corrections, which shall be
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6 limited to members of the public body, the attorney for the public
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7 body, and the immediate staff of the public body. No person who may
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8 profit directly or indirectly by a proposed transaction which is
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9 under consideration may be present or participate in the executive
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10 session; or
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11 11. Discussing the following:
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12 a. the investigation of a plan or scheme to commit an act
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13 of terrorism,
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14 b. assessments of the vulnerability of government
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15 facilities or public improvements to an act of
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16 terrorism,
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17 c. plans for deterrence or prevention of or protection
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18 from an act of terrorism,
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19 d. plans for response or remediation after an act of
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20 terrorism,
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21 e. information technology of the public body but only if
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22 the discussion specifically identifies:
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 1 (1) design or functional schematics that demonstrate
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2 the relationship or connections between devices
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3 or systems,
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4 (2) system configuration information,
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5 (3) security monitoring and response equipment
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6 placement and configuration,
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7 (4) specific location or placement of systems,
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8 components or devices,
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9