1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3752 By: Talley
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to domestic violence; amending 22
7 O.S. 2021, Sections 1601 and 1602, which relate to
8 the Domestic Violence Fatality Review Board;
8 authorizing the Board to request and obtain certain
9 records; increasing membership of the Board;
9 modifying certain recommendation requirement; and
10 providing an effective date.
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1601, is
14
15 amended to read as follows:
15
16 Section 1601. A. There is hereby created the Domestic Violence
16
17 Fatality Review Board within the Office of the Attorney General.
17
18 The Board shall have the power and duty to:
18
19 1. Coordinate and integrate state and local efforts to address
19
20 fatal domestic violence and create a body of information to prevent
20
21 domestic violence deaths;
21
22 2. Collect, analyze and interpret state and local data on
22
23 domestic violence deaths;
23
24
24
Req. No. 9864 Page 1
 1 3. Develop a state and local database on domestic violence
1
2 deaths;
2
3 4. Improve the ability to provide protective services to
3
4 victims of domestic violence who may be living in a dangerous
4
5 environment;
5
6 5. Improve policies, procedures and practices within the
6
7 agencies that serve victims of domestic violence; and
7
8 6. Enter into agreements with other state, local or private
8
9 entities as necessary to carry out the duties of the Domestic
9
10 Violence Fatality Review Board including, but not limited to,
10
11 conducting joint reviews with the Child Death Review Board on
11
12 domestic violence cases involving child death or child near-death
12
13 incidents.
13
14 B. In carrying out its duties and responsibilities, the Board
14
15 shall:
15
16 1. Promulgate rules establishing criteria for identifying cases
16
17 involving a domestic violence death subject to specific, in-depth
17
18 review by the Board;
18
19 2. Conduct a specific case review of those cases where the
19
20 cause of death is or may be related to domestic violence;
20
21 3. Establish and maintain statistical information related to
21
22 domestic violence deaths, including, but not limited to, demographic
22
23 and medical diagnostic information;
23
24
24
Req. No. 9864 Page 2
 1 4. Establish procedures for obtaining initial information
1
2 regarding domestic violence deaths from law enforcement agencies;
2
3 5. Review the policies, practices, and procedures of the
3
4 domestic violence protection and prevention system and make specific
4
5 recommendations to the entities comprising the domestic violence
5
6 prevention and protection system for actions necessary for the
6
7 improvement of the system;
7
8 6. Review the extent to which the state domestic violence
8
9 prevention and protection system is coordinated with law enforcement
9
10 and the court system and evaluate whether the state is efficiently
10
11 discharging its domestic violence prevention and protection
11
12 responsibilities;
12
13 7. Request and obtain a copy of all records and reports
13
14 pertaining to a domestic violence death case of the victim,
14
15 perpetrator or any other person cohabitating in the domicile at the
15
16 time of the fatality that is under review, including, but not
16
17 limited to:
17
18 a. the report of the medical examiner,
18
19 b. hospital records,
19
20 c. school records,
20
21 d. court records,
21
22 e. prosecutorial records,
22
23
23
24
24
Req. No. 9864 Page 3
 1 f. local, state, and federal law enforcement records,
1
2 including, but not limited to, the Oklahoma State
2
3 Bureau of Investigation (OSBI),
3
4 g. fire department records,
4
5 h. State Department of Health records, including birth
5
6 certificate records,
6
7 i. medical and dental records,
7
8 j. Department of Mental Health and Substance Abuse
8
9 Services and other mental health records,
9
10 k. emergency medical service records,
10
11 l. files of the Department of Human Services, and
11
12 m. records of the Oklahoma Department of Corrections, and
12
13 n. records in the possession of the Child Death Review
13
14 Board when conducting a joint review pursuant to
14
15 paragraph 6 of subsection A of this section.
15
16 Confidential information provided to the Board shall be maintained
16
17 by the Board in a confidential manner as otherwise required by state
17
18 and federal law. Any person damaged by disclosure of such
18
19 confidential information by the Board or its members which is not
19
20 authorized by law may maintain an action for damages, costs and
20
21 attorney fees pursuant to The Oklahoma Governmental Tort Claims Act;
21
22 8. Maintain all confidential information, documents and records
22
23 in possession of the Board as confidential and not subject to
23
24 subpoena or discovery in any civil or criminal proceedings;
24
Req. No. 9864 Page 4
 1 provided, however, information, documents and records otherwise
1
2 available from other sources shall not be exempt from subpoena or
2
3 discovery through those sources solely because such information,
3
4 documents and records were presented to or reviewed by the Board;
4
5 9. Conduct reviews of specific cases of domestic violence
5
6 deaths and request the preparation of additional information and
6
7 reports as determined to be necessary by the Board including, but
7
8 not limited to, clinical summaries from treating physicians,
8
9 chronologies of contact, and second opinion autopsies;
9
10 10. Report, if recommended by a majority vote of the Board, to
10
11 the President Pro Tempore of the Senate and the Speaker of the House
11
12 of Representatives any gross neglect of duty by any state officer or
12
13 state employee, or any problem within the domestic violence
13
14 prevention and protection system discovered by the Board while
14
15 performing its duties; and
15
16 11. Exercise all incidental powers necessary and proper for the
16
17 implementation and administration of the Domestic Violence Fatality
17
18 Review Board.
18
19 C. The review and discussion of individual cases of a domestic
19
20 violence death shall be conducted in executive session. All other
20
21 business shall be conducted in accordance with the provisions of the
21
22 Oklahoma Open Meeting Act. All discussions of individual cases and
22
23 any writings produced by or created for the Board in the course of
23
24 determining a remedial measure to be recommended by the Board, as
24
Req. No. 9864 Page 5
 1 the result of a review of an individual case of a domestic violence
1
2 death, shall be privileged and shall not be admissible in evidence
2
3 in any proceeding. The Board shall periodically conduct meetings to
3
4 discuss organization and business matters and any actions or
4
5 recommendations aimed at improvement of the domestic violence
5
6 prevention and protection system which shall be subject to the
6
7 Oklahoma Open Meeting Act. Part of any meeting of the Board may be
7
8 specifically designated as a business meeting of the Board subject
8
9 to the Oklahoma Open Meeting Act.
9
10 D. The Board shall submit an annual statistical report on the
10
11 incidence and causes of domestic violence deaths in this state for
11
12 which the Board has completed its review during the past calendar
12
13 year including its recommendations, if any, to the domestic violence
13
14 prevention and protection system. The Board shall also prepare and
14
15 make available to the public, on an annual basis, a report
15
16 containing a summary of the activities of the Board relating to the
16
17 review of domestic violence deaths, the extent to which the state
17
18 domestic violence prevention and protection system is coordinated
18
19 and an evaluation of whether the state is efficiently discharging
19
20 its domestic violence prevention and protection responsibilities.
20
21 The report shall be completed no later than February 1 of the
21
22 subsequent year.
22
23 SECTION 2. AMENDATORY 22 O.S. 2021, Section 1602, is
23
24 amended to read as follows:
24
Req. No. 9864 Page 6
 1 Section 1602. A. The Domestic Violence Fatality Review Board
1
2 shall be composed of twenty (20) twenty-one (21) members, or their
2
3 designees, as follows:
3
4 1. Eight Nine of the members shall be:
4
5 a. the Chief Medical Examiner,
5
6 b. a designee of the Attorney General. The designee
6
7 shall be a person assigned to the Victims Services
7
8 Unit of the Office of the Attorney General,
8
9 c. the State Commissioner of Health,
9
10 d. the Chief of Injury Prevention Services of the State
10
11 Department of Health,
11
12 e. the Director of the Department of Human Services,
12
13 f. the Director of the Oklahoma State Bureau of
13
14 Investigation,
14
15 g. the Commissioner of the Department of Mental Health
15
16 and Substance Abuse Services, and
16
17 h. the Executive Director of the Office of Juvenile
17
18 Affairs, and
18
19 i. the Director of the Department of Corrections; and
19
20 2. Twelve of the members shall be appointed by the Attorney
20
21 General, shall serve for terms of two (2) years and shall be
21
22 eligible for reappointment. The members shall be persons having
22
23 training and experience in matters related to domestic violence.
23
24 The appointed members shall include:
24
Req. No. 9864 Page 7
 1 a. a county sheriff selected from a list of three names
1
2 submitted by the executive board of the Oklahoma
2
3 Sheriffs' Association,
3
4 b. a chief of a municipal police department selected from
4
5 a list of three names submitted by the Oklahoma
5
6 Association of Chiefs of Police,
6
7 c. an attorney licensed in this state who is in private
7
8 practice selected from a list of three names submitted
8
9 by the Board of Governors of the Oklahoma Bar
9
10 Association,
10
11 d. a district attorney selected from a list of three
11
12 names submitted by the District Attorneys Council,
12
13 e. a physician selected from a list of three names
13
14 submitted by the Oklahoma State Medical Association,
14
15 f. a physician selected from a list of three names
15
16 submitted by the Oklahoma Osteopathic Association,
16
17 g. a nurse selected from a list of three names submitted
17
18 by the Oklahoma Nurses Association,
18
19 h. two individuals, at least one of whom shall be a
19
20 survivor of domestic violence, selected from lists of
20
21 three names recommendations submitted by the Oklahoma
21
22 Coalition Against Domestic Violence and Sexual Assault
22
23 certified domestic violence programs in Oklahoma,
23
24
24
Req. No. 9864 Page 8
 1 i. a member of the Judiciary selected from a list of
1
2 three names submitted by the Oklahoma Supreme Court,
2
3 and
3
4 j. two individuals, at least one of whom shall be an
4
5 American Indian survivor of domestic violence,
5
6 selected from a list of three names submitted by the
6
7 Native Alliance Against Violence, Oklahoma's tribal
7
8 coalition against domestic violence and sexual
8
9 assault.
9
10 B. Every two (2) years the Board shall elect from among its
10
11 membership a chair and a vice-chair. The Board shall meet at least
11
12 quarterly and may meet more frequently as necessary as determined by
12
13 the chair. Members shall serve without compensation but may be
13
14 reimbursed for necessary travel out of funds available to the Office
14
15 of the Attorney General pursuant to the State Travel Reimbursement
15
16 Act; provided, that the reimbursement shall be paid in the case of
16
17 state employee members by the agency employing the member.
17
18 C. With funds appropriated or otherwise available for that
18
19 purpose, the Office of the Attorney General shall provide
19
20 administrative assistance and services to the Domestic Violence
20
21 Fatality Review Board.
21
22 SECTION 3. This act shall become effective November 1, 2024.
22
23
23
24 59-2-9864 GRS 01/18/24
24
Req. No. 9864 Page 9