1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3936 By: Provenzano
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6 AS INTRODUCED
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7 An Act relating to child sexual abuse material;
7 amending 10 O.S. 2021, Section 7505-5.1, which
8 relates to home studies; changing name of certain
8 criminal offense; amending 10 O.S. 2021, Section
9 7505-6.3, which relates to interlocutory decrees;
9 changing name of certain criminal offense; amending
10 10A O.S. 2021, Section 1-4-705, which relates to
10 child custody placements; changing name of certain
11 criminal offense; amending 10A O.S. 2021, Section 2-
11 8-221, which relates to the Juvenile Sex Offender
12 Registration Act; changing name of certain criminal
12 offense; amending 21 O.S. 2021, Section 13.1, which
13 relates to required service of prison sentences;
13 changing name of certain criminal offense; amending
14 21 O.S. 2021, Section 843.5, which relates to child
14 abuse; changing name of certain criminal offense;
15 amending 21 O.S. 2021, Sections 1021, 1021.1, 1021.2,
15 1021.3, 1021.4, 1022, 1023, 1024.1, 1024.2, 1024.3,
16 1024.4, 1040.8, 1040.11, 1040.12a, 1040.13, 1040.14,
16 1040.15, 1040.16, 1040.17, 1040.20, 1040.21, 1040.22,
17 1040.24, 1040.54 and 1040.80, which relate to the
17 Oklahoma Law on Obscenity and Child Pornography;
18 changing name of certain criminal offense; amending
18 21 O.S. 2021, Section 1123, as amended by Section 4,
19 Chapter 260, O.S.L. 2022 (21 O.S. Supp. 2023, Section
19 1123), which relates to lewd or indecent proposals to
20 a child; changing name of certain criminal offense;
20 amending 22 O.S. 2021, Section 40, which relates to
21 definitions for certain offenses; changing name of
21 certain criminal offense; amending 22 O.S. 2021,
22 Section 991h, which relates to orders of no contact;
22 changing name of certain criminal offense; amending
23 22 O.S. 2021, Section 996.1, which relates to
23 definitions in the Delayed Sentencing Program for
24 Young Adults; changing name of certain criminal
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 1 offense; amending 43 O.S. 2021, Section 112.5, which
1 relates to custody or guardianship of a child;
2 changing name of certain offense; amending 57 O.S.
2 2021, Section 138, which relates to credits for good
3 conduct; changing name of certain criminal offense;
3 amending 57 O.S. 2021, Section 332.16, which relates
4 to parole recommendations; changing name of certain
4 criminal offense; amending 57 O.S. 2021, Section 571,
5 as amended by Section 2, Chapter 212, O.S.L. 2023 (57
5 O.S. Supp. 2023, Section 571), which relates to
6 definitions of the Oklahoma Prison Overcrowding
6 Emergency Powers Act; changing name of certain
7 criminal offense; amending 57 O.S. 2021, Section 582,
7 which relates to the Sex Offenders Registration Act;
8 changing name of certain criminal offense; amending
8 68 O.S. 2021, Section 2357.101, which relates to tax
9 credits for film or music projects; changing name of
9 certain criminal offense; amending 68 O.S. 2021,
10 Section 3623, which relates to definitions of the
10 Compete with Canada Film Act; changing name of
11 certain criminal offense; amending 68 O.S. 2021,
11 Section 3632, as amended by Section 1, Chapter 347,
12 O.S.L. 2023 (68 O.S. Supp. 2023, Section 3632), which
12 relates to definitions of the Filmed in Oklahoma Act
13 of 2021; changing name of certain criminal offense;
13 amending Section 1, Chapter 280, O.S.L. 2022, as
14 amended by Section 1, Chapter 373, O.S.L. 2023 (70
14 O.S. Supp. 2023, Section 11-202), which relates to
15 digital or online library database resources;
15 changing name of certain criminal offense; amending
16 70 O.S. 2021, Section 1210.163, which relates to
16 abuse-prevention instructional programs; changing
17 name of certain criminal offense; amending 74 O.S.
17 2021, Section 151.1, which relates to the Internet
18 Crimes Against Children unit; changing name of
18 certain criminal offense; and providing an effective
19 date.
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20
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505-5.1, is
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23 amended to read as follows:
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 1 Section 7505-5.1 A. Except as otherwise provided in this
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2 section, only a person for whom a favorable written preplacement
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3 home study has been prepared may accept custody of a minor for
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4 purposes of adoption. A preplacement home study is favorable if it
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5 contains a finding that the person is suited to be an adoptive
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6 parent, either in general or for a particular minor, and it is
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7 completed or brought current within twelve (12) months next
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8 preceding a placement of a minor with the person for adoption.
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9 B. A preplacement home study is not required if a parent or
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10 guardian places a minor directly with a relative of the minor for
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11 purposes of adoption, or if the minor has been residing with a birth
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12 parent's spouse for not less than one (1) year as of the date the
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13 petition for adoption is filed, but a home study of the relative or
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14 stepparent is required during the pendency of a proceeding for
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15 adoption.
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16 C. A prospective adoptive parent shall not be approved for
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17 placement of a child if the petitioners or any other person residing
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18 in the home of the petitioners has been convicted of any of the
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19 following felony offenses:
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20 1. Within the five-year period preceding the date of the
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21 petition, physical assault, domestic abuse, battery or a drug-
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22 related offense;
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23 2. Child abuse or neglect;
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 1 3. A crime against a child, including, but not limited to,
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2 child pornography sexual abuse material; and
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3 4. A crime involving violence, including, but not limited to,
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4 rape, sexual assault or homicide, but excluding those crimes
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5 specified in paragraph 1 of this subsection.
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6 D. Under no circumstances shall a child be placed in the
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7 custody of an individual subject to the Oklahoma Sex Offenders
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8 Registration Act or an individual who is married to or living with
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9 an individual subject to the Oklahoma Sex Offenders Registration
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10 Act.
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11 SECTION 2. AMENDATORY 10 O.S. 2021, Section 7505-6.3, is
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12 amended to read as follows:
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13 Section 7505-6.3 A. After six (6) months from the date of the
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14 interlocutory decree unless the court waived all or part of the
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15 waiting period, the petitioners may apply to the court for a final
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16 decree of adoption. The court shall thereupon set a time and place
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17 for final hearing.
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18 B. If the minor is related by blood to one of the petitioners,
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19 or is a stepchild of the petitioner, or the court finds that the
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20 best interests of the child will be furthered thereby, the court,
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21 after examination of the home study reports required by Section
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22 7505-5.1 or 7505-5.2 of this title, may waive the entry of an
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23 interlocutory decree and the waiting period of six (6) months or the
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24 balance of the waiting period provided in this section.
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 1 C. Notice of the time and date of the hearing shall be served
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2 at least ten (10) days prior to the hearing upon any parent whose
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3 parental rights have not been terminated, unless that parent has
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4 properly executed a consent to the adoption or a permanent
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5 relinquishment pursuant to Sections 7503-2.3, 7503-2.4 and 7503-2.6
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6 of this title or has waived the right to notice pursuant to Section
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7 7503-3.1 of this title. Notice of the hearing shall also be served
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8 on the child-placing agency or the Department of Human Services in
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9 those cases where the child-placing agency or Department has
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10 original custody, or performed a home study.
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11 D. The petitioners and child shall appear at the hearing on the
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12 application for final decree, unless the presence of the child is
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13 waived by the court.
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14 E. The final hearing is not required to be recorded by a court
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15 reporter. Upon the request of any party, the court shall direct
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16 that the hearing be recorded by the court reporter, or the court may
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17 order on its own initiative that the hearing be recorded.
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18 F. The court may enter a final decree of adoption, if the court
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19 is satisfied that the adoption is in the best interests of the
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20 child.
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21 G. For purposes of this subsection, the State of Oklahoma
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22 elects to make subparagraph (A) of paragraph 20 of subsection 3 of
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23 Section 471(a) of the Social Security Act (Public Law 105-89)
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 1 inapplicable to Oklahoma. Instead, the State of Oklahoma requires
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2 that:
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3 1. Except as otherwise provided by this subsection, a
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4 prospective adoptive parent shall not be approved for placement of a
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5 child if the petitioners or any other person residing in the home of
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6 the petitioners has been convicted of any of the following felony
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7 offenses:
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8 a. within the five-year period preceding the date of the
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9 petition, physical assault, domestic abuse, battery or
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10 a drug-related offense, except as otherwise authorized
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11 by this subsection,
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12 b. child abuse or neglect,
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13 c. a crime against a child, including, but not limited
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14 to, child pornography sexual abuse material, and
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15 d. a crime involving violence, including, but not limited
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16 to, rape, sexual assault or homicide, but excluding
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17 physical assault or battery.
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18 2. A prospective adoptive parent may be an approved placement
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19 regardless of whether such parent has been convicted of any of the
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20 felony offenses specified by subparagraph a of paragraph 1 of this
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21 subsection, if an evaluation has been made and accepted by the court
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22 which considers the nature and seriousness of the crime in relation
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23 to the adoption, the time elapsed since the commission of the crime,
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24 the circumstances under which the crime was committed, the degree of
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 1 rehabilitation, the number of crimes committed by the person
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2 involved, and a showing by clear and convincing evidence that the
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3 child will not be at risk by such placement.
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4 H. Under no circumstances shall a child be placed in the
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5 custody of an individual subject to the Oklahoma Sex Offenders
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6 Registration Act or an individual who is married to or living with
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7 an individual subject to the Oklahoma Sex Offenders Registration
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8 Act.
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9 SECTION 3. AMENDATORY 10A O.S. 2021, Section 1-4-705, is
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10 amended to read as follows:
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11 Section 1-4-705. A. In placing a child in the custody of an
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12 individual, a private agency, or institution, the court and the
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13 Department of Human Services shall, if possible, select a person,
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14 agency, or institution governed by persons of the same religious
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15 faith as that of the parents of the child, or in case of a
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16 difference in the religious faith of the parents, then of the
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17 religious faith of the child.
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18 B. Except as otherwise provided by this section or by law, it
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19 shall be left to the discretion of the judge to place the custody of
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20 children where their total needs will best be served. If an
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21 individual meets the minimum required age for placement purposes,
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22 the age of an otherwise eligible individual shall not be a reason
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23 for denying the individual placement or custody of a child.
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 1 C. A prospective foster or adoptive parent shall not be an
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2 approved placement for a child if the prospective foster or adoptive
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3 parent or any other person residing in the home of the prospective
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4 foster or adoptive parent has been convicted of any of the following
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5 felony offenses:
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6 1. Within the five-year period preceding the application date,
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7 a physical assault, battery, or a drug-related offense;
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8 2. Child abuse or neglect;
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9 3. Domestic abuse;
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10 4. A crime against a child, including, but not limited to,
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11 child pornography sexual abuse material; or
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12 5. A crime involving violence, including, but not limited to,
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13 rape, sexual assault or homicide, but excluding those crimes
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14 specified in paragraph 1 of this subsection.
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15 D. 1. Under no circumstances shall a child be placed with or
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16 in the custody of an individual subject to the Oklahoma Sex
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17 Offenders Registration Act or an individual who is married to or
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18 living with an individual subject to the Oklahoma Sex Offenders
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19 Registration Act.
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20 2. In addition, prior to the court placing a child in the
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21 custody of an individual, the court shall inquire as to whether the
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22 individual has been previously convicted of any felony or relevant
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23 misdemeanor or has any felony or misdemeanor charges pending.
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 1 3. Prior to the custody order being entered, the individual
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2 seeking custody shall provide an Oklahoma criminal history record
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3 obtained pursuant to Section 150.9 of Title 74 of the Oklahoma
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4 Statutes to the court.
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5 4. For purposes of this subsection the terms:
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6 a. "relevant misdemeanor" may include assault and
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7 battery, alcohol- or drug-related offenses, domestic
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8 violence or other offenses involving the use of
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9 physical force or violence against the person or
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10 property of another, and
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11 b. "individual" shall not include a parent or legal
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12 guardian of the child.
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13 E. The provisions of this section shall not apply in any
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14 paternity or domestic relations case, unless otherwise ordered by
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15 the court.
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16 SECTION 4. AMENDATORY 10A O.S. 2021, Section 2-8-221, is
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17 amended to read as follows:
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18 Section 2-8-221. A. Whenever the district attorney for any
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19 district has reasonable cause to believe that an individual, with
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20 knowledge of its content, is engaged in sending a transmission or
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21 causing a transmission to originate within this state containing
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22 obscene material or child pornography sexual abuse material, as such
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23 terms are defined in Section 1024.1 of Title 21 of the Oklahoma
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24 Statutes, the district attorney for the district into which the
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 1 transmission is sent or caused to be sent, may institute an action
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2 in the district court for an adjudication of the obscenity or child
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3 pornographic sexual abuse content of the transmission. Provided
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4 that if the conditions of subsection B of this section are present,
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5 then it shall be at the discretion of the district attorney whether
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6 the action instituted is a juvenile offense as defined in subsection
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7 B of this section or whether the action instituted is a felony for a
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8 violation of Section 1040.13a of Title 21 of the Oklahoma Statutes.
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9 The individual sending the transmission specified in this
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10 section may be charged and tried in any district wh