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DOMESTIC VIOLENCE

OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session

2024 Okla. Sess. Law Serv. Ch. 51 (H.B. 3752) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
Additions are indicated by Text; deletions by
Text.
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stricken material by Text .
CHAPTER 51
H.B. No. 3752
DOMESTIC VIOLENCE
An Act relating to domestic violence; amending 22 O.S. 2021, Sections 1601 and 1602, which relate to the Domestic Violence Fatality Review Board; authorizing the Board to request and obtain certain records; increasing membership of the Board; modifying certain recommendation requirement; and providing an effective date.
SUBJECT: Domestic violence
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 22 § 1601 >>
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1601, is amended to read as follows:
Section 1601. A. There is hereby created the Domestic Violence Fatality Review Board within the Office of the Attorney General. The Board shall have the power and duty to:
1. Coordinate and integrate state and local efforts to address fatal domestic violence and create a body of information to prevent domestic violence deaths;
2. Collect, analyze and interpret state and local data on domestic violence deaths;
3. Develop a state and local database on domestic violence deaths;
4. Improve the ability to provide protective services to victims of domestic violence who may be living in a dangerous environment;
5. Improve policies, procedures and practices within the agencies that serve victims of domestic violence; and
6. Enter into agreements with other state, local or private entities as necessary to carry out the duties of the Domestic Violence Fatality Review Board including, but not limited to, conducting joint reviews with the Child Death Review Board on domestic violence cases involving child death or child near-death incidents.
B. In carrying out its duties and responsibilities, the Board shall:
1. Promulgate rules establishing criteria for identifying cases involving a domestic violence death subject to specific, in-depth review by the Board;
2. Conduct a specific case review of those cases where the cause of death is or may be related to domestic violence;
3. Establish and maintain statistical information related to domestic violence deaths, including, but not limited to, demographic and medical diagnostic information;
4. Establish procedures for obtaining initial information regarding domestic violence deaths from law enforcement agencies;
5. Review the policies, practices, and procedures of the domestic violence protection and prevention system and make specific recommendations to the entities comprising the domestic violence prevention and protection system for actions necessary for the improvement of the system;
6. Review the extent to which the state domestic violence prevention and protection system is coordinated with law enforcement and the court system and evaluate whether the state is efficiently discharging its domestic violence prevention and protection responsibilities;
7. Request and obtain a copy of all records and reports pertaining to a domestic violence death case of the victim, perpetrator or any other person cohabitating in the domicile at the time of the fatality that is under review, including, but not limited to:
a. the report of the medical examiner,
b. hospital records,
c. school records,
d. court records,
e. prosecutorial records,
f. local, state, and federal law enforcement records, including, but not limited to, the Oklahoma State Bureau of Investigation (OSBI),
g. fire department records,
h. State Department of Health records, including birth certificate records,
i. medical and dental records,
j. Department of Mental Health and Substance Abuse Services and other mental health records,
k. emergency medical service records,
l. files of the Department of Human Services, and
m. records of the Oklahoma Department of Corrections, and
n. records in the possession of the Child Death Review Board when conducting a joint review pursuant to paragraph 6 of subsection A of this section.
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 Board or its members which is not authorized by law may maintain an action for damages, costs and attorney fees pursuant to The Oklahoma Governmental Tort Claims Act;
8. Maintain all confidential information, documents and records in possession of the Board as confidential and not subject to subpoena or discovery in any civil or criminal proceedings; provided, however, information, documents and records otherwise available from other sources shall not be exempt from subpoena or discovery through those sources solely because such information, documents and records were presented to or reviewed by the Board;
9. Conduct reviews of specific cases of domestic violence deaths and request the preparation of additional information and reports as determined to be necessary by the Board including, but not limited to, clinical summaries from treating physicians, chronologies of contact, and second opinion autopsies;
10. Report, if recommended by a majority vote of the Board, to the President Pro Tempore of the Senate and the Speaker of the House of Representatives any gross neglect of duty by any state officer or state employee, or any problem within the domestic violence prevention and protection system discovered by the Board while performing its duties; and
11. Exercise all incidental powers necessary and proper for the implementation and administration of the Domestic Violence Fatality Review Board.
C. The review and discussion of individual cases of a domestic violence death shall be conducted in executive session. All other business shall be conducted in accordance with the provisions of the Oklahoma Open Meeting Act. All discussions of individual cases and any writings produced by or created for the Board in the course of determining a remedial measure to be recommended by the Board, as the result of a review of an individual case of a domestic violence death, shall be privileged and shall not be admissible in evidence in any proceeding. The Board shall periodically conduct meetings to discuss organization and business matters and any actions or recommendations aimed at improvement of the domestic violence prevention and protection system which shall be subject to the Oklahoma Open Meeting Act. Part of any meeting of the Board may be specifically designated as a business meeting of the Board subject to the Oklahoma Open Meeting Act.
D. The Board shall submit an annual statistical report on the incidence and causes of domestic violence deaths in this state for which the Board has completed its review during the past calendar year including its recommendations, if any, to the domestic violence prevention and protection system. The Board shall also prepare and make available to the public, on an annual basis, a report containing a summary of the activities of the Board relating to the review of domestic violence deaths, the extent to which the state domestic violence prevention and protection system is coordinated and an evaluation of whether the state is efficiently discharging its domestic violence prevention and protection responsibilities. The report shall be completed no later than February 1 of the subsequent year.
<< OK ST T. 22 § 1602 >>
SECTION 2. AMENDATORY 22 O.S. 2021, Section 1602, is amended to read as follows:
Section 1602. A. The Domestic Violence Fatality Review Board shall be composed of twenty (20) twenty-one (21) members, or their designees, as follows:
1. Eight Nine of the members shall be:
a. the Chief Medical Examiner,
b. a designee of the Attorney General. The designee shall be a person assigned to the Victims Services Unit of the Office of the Attorney General,
c. the State Commissioner of Health,
d. the Chief of Injury Prevention Services of the State Department of Health,
e. the Director of the Department of Human Services,
f. the Director of the Oklahoma State Bureau of Investigation,
g. the Commissioner of the Department of Mental Health and Substance Abuse Services, and
h. the Executive Director of the Office of Juvenile Affairs, and
i. a designee of the Director of the Department of Corrections. The designee shall be a person with a minimum of five (5) years of experience in corrections and who is currently assigned to the Community Outreach, Programs, or Population Units of the Department of Corrections; and
2. Twelve of the members shall be appointed by the Attorney General, shall serve for terms of two (2) years and shall be eligible for reappointment. The members shall be persons having training and experience in matters related to domestic violence. The appointed members shall include:
a. a county sheriff selected from a list of three names submitted by the executive board of the Oklahoma Sheriffs' Association,
b. a chief of a municipal police department selected from a list of three names submitted by the Oklahoma Association of Chiefs of Police,
c. an attorney licensed in this state who is in private practice selected from a list of three names submitted by the Board of Governors of the Oklahoma Bar Association,
d. a district attorney selected from a list of three names submitted by the District Attorneys Council,
e. a physician selected from a list of three names submitted by the Oklahoma State Medical Association,
f. a physician selected from a list of three names submitted by the Oklahoma Osteopathic Association,
g. a nurse selected from a list of three names submitted by the Oklahoma Nurses Association,
h. two individuals, at least one of whom shall be a survivor of domestic violence, selected from lists of three names recommendations submitted by the Oklahoma Coalition Against Domestic Violence and Sexual Assault certified domestic violence programs in Oklahoma,
i. a member of the Judiciary selected from a list of three names submitted by the Oklahoma Supreme Court, and
j. two individuals, at least one of whom shall be an American Indian survivor of domestic violence, selected from a list of three names submitted by the Native Alliance Against Violence, Oklahoma's tribal coalition against domestic violence and sexual assault.
B. Every two (2) years the Board shall elect from among its membership a chair and a vice-chair. The Board shall meet at least quarterly and may meet more frequently as necessary as determined by the chair. 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 Reimbursement Act; provided, that the reimbursement shall be paid in the case of state employee members by the agency employing the member.
C. With funds appropriated or otherwise available for that purpose, the Office of the Attorney General shall provide administrative assistance and services to the Domestic Violence Fatality Review Board.
SECTION 3. This act shall become effective November 1, 2024.
Approved April 22, 2024.
End of Document