Bills of Interest as of 06/24/05

HB1013Paraphrase:increases the statute of limitations from seven years to 12 years for rape, sodomy, child abuse and lewd behavior involving children. Principal Authors: Larry Glenn (H), Debbe Leftwich (S) Effective Date:11/01/2005 Emergency:No  Status Date:04/26/2005Current Status:Governor Action – Signed

HB1219Paraphrase:requires DNA testing of any offender convicted of committing a felony offense and requires all felony offenders to pay a DNA fee of $150 to cover the cost of implementing the tracking program. The measure requires felons sentenced to unsuervised probation to submit for blood or saliva testing to the sheriff of the sentencing county. It allows the OSBI Combined DNA Index System (CODIS) to include secondary databases that include a forensic database of unknown evidence samples, a suspect database of samples taken from individuals as a result of criminal investigations, a convicted offender database and a missing persons and unidentified remains index or database consisting of DNA profiles from unidentified remains and relatives of missing persons. Principal Authors:Fred Morgan (H), Glenn Coffee (S) Effective Date 01/01/2006 Emergency:No  Status Date:04/07/2005Current Status:Dormant

HB1267Paraphrase:authorizes the Department of Corrections to impose intermediate sanctions for technical violations of probation. The department would be required to develop a sanction matrix, forms, policies and procedures. Principal Authors:Terry Ingmire (H), Richard C. Lerblance (S) Effective Date:11/01/2005Emergency:No  Status Date:06/07/2005Current Status: Governor Signed

HB1450Paraphrase:modifies registration requirements in the Sex Offenders Registration Act. The measure provides requirements for registration of persons convicted in other jurisdictions. Principal Authors:Rex Duncan (H), Todd Lamb (S) Effective Date:11/01/2005Emergency:No  Status Date:04/29/2005Current Status:Governor Action – Signed

HB1462Paraphrase:modifies eligibility requirements for the drug court program and provides for continued monitoring after completion of the program. Principal Authors: Ben Sherrer (H) Effective Date:11/01/2005Emergency:No  Status Date:03/10/2005 Current Status:Dormant

HB1475Paraphrase:creates a 13-member Oklahoma Crime Victims' Justice Task Force until Feb. 1, 2007, to study and make recommendations on how to achieve uniformity of victim services throughout the state by examining current policies, procedures and laws for crime victims in the state. The task force also would be required to study and make recommendations regarding the effective promotion of public and governmental awareness of the needs, rights and role of crime victims within the criminal justice system. The measure requires that the task force submit a report to the governor, the Senate president pro tempore, the speaker of the House and the appropriate Senate and House committees by Feb. 1, 2007. Principal Authors:Jari Askins (H), Glenn Coffee (S) Effective Date: / / Emergency:Yes Status Date:05/27/2005Current Status:Dormant

HB1502Paraphrase:modifies the fine for transporting an intoxicating beverage or low-point beer. The bill also prohibits any dangerous or deadly firearm at a residence or vehicle of a convicted felon. The measure changes the name of the Municipal Traffic Bail Bond Procedure Act to the State and Municipal Traffic, Water, Safety and Wildlife Bail Bond Procedure Act and extends the act to include modified bond procedures for applicable violations. It provides for a medical exemption from the requirement for the operator or a front-seat passenger of a vehicle to wear a properly adjusted and fastened safety seat belt system. It provides an exemption for the Department of Public Safety from the requirement for payment of motor vehicle title and registration fees but requires that all vehicles be registered and shall otherwise comply with provisions of the Oklahoma Vehicle License and Registration Act. It requires vehicle dealers who operate a licensed wrecker or towing service to register each wrecker vehicle and display a wrecker license plate on each vehicle. The measure repeals sections relating to the semiannual report by Department of Public Safety, personal recognizance bonds in traffic and wildlife tickets, the Oklahoma Police Corps Act, recording points for speed violations and the power of officers and investigators of the State Bureau of Investigation. Principal Authors:Paul D. Roan (H), Kenneth Corn (S) Effective Date:09/01/2005Emergency:No  Status Date:05/18/2005Current Status:Governor Action – Signed

HB1550Paraphrase:requires agencies exempt from the Administrative Procedures Act by Dec. 31, 2005, to conduct an internal review of its exempt rules to determine whether each is current and is a rule as the term is defined by the act. The measure modifies the time allowed for legislative review of preemptive rules. The measure also decreases from 25 to 10 the number of persons required for calling a hearing of a proposed agency rule. It removes the requirement that rule impact statements include a determination of whether implementation of a proposed rule will have an economic impact on any political subdivisions or require their cooperation in implementing or enforcing the rule. Principal Authors:John A. Wright (H), Mary Easley (S) Effective Date:11/01/2005 Emergency:No  Status Date:05/26/2005Current Status:Governor Action – Signed

HB1623Paraphrase:modifies procedures in actions in which a prisoner is a witness or a complaining or defending party. The measure provides procedures for writs of habeas corpus for the court to take testimony from a prisoner at an evidentiary hearing. The court would be prohibited from considering a writ of habeas corpus ad testificandum, used for bringing a person into a court as a witness, except for a hearing on the merits of a civil action. All pretrial hearings for a civil action that involve a prisoner would be conducted by telephone, deposition or video conference. An inmate in Department of Corrections custody would be required to completely exhaust all available administrative remedies on all potential claims against the state, the department or an employee of the state or DOC prior to initiating an action in district court against the department or filing any pleadings. Principal Authors:Mike Wilt (H), Glenn Coffee (S) Effective Date: / / Emergency:Yes Status Date:05/10/2005Current Status:Governor Action – Signed
HB1860Paraphrase:allows any public body to hold meetings by videoconference where each board member of the public body is visible to each other and the public through a video monitor, so long as a quorum of the public body is present in person at the site of each meeting. The measure also creates a 10-member Joint Task Force on Teleconferencing, Videoconferencing and the Open Meetings Act to study the use of teleconferences and videoconferences in conducting meetings of public bodies and to recommend guidelines for determining the appropriateness of any further requested expansion of such use. Principal Authors:Gus Blackwell (H), Jim Wilson (S) Effective Date:11/01/2005Emergency:No  Status Date:05/26/2005Current Status:Governor Action – Signed

HB1944Paraphrase:prohibits location and establishment of inmate transitional living centers within 2,500 feet of a public or private elementary or secondary school, state training school or residential neighborhood. Prior to establishment of an inmate transitional living center, the Department of Corrections would be required to obtain written authorization to establish and operate the center from the governing body of the municipality in which the center is to be located or, if the facility is not to be located within the incorporated limits of a municipality, from the board of county commissioners of the county in which the center is to be located. The requirement would not apply to a center established prior to the effective date of the act. Principal Authors:Mike Shelton (H), Judy Eason McIntyre (S) Effective Date: / / Emergency:Yes Status Date:05/03/2005Current Status:Governor Action – Signed

HB1963Paraphrase:creates a Long-term Care Security Act. The measure requires the Department of Corrections to notify the State Department of Health of any person that is required to register pursuant to the Sex Offender Registration Act who is seeking placement from a correctional facility to a long-term care facility in the state. When the health department receives such notification, it must notify the long-term care facility in which the sexual offender is seeking placement. The health department, in cooperation with the Department of Mental Health and Substance Abuse Services, would be required to develop a specialized facility for sexual offenders or sexual predators by either licensing with a current long-term care facility or developing a state-sponsored facility for sex offenders or sexual predators. Within two weeks of notification by a long-term care facility that a register sex offender is residing in a state long-term care facility, the health department would be required to remove the individual and place the resident in the specialized facility. The health department would be required to conduct criminal background checks on all current and future employees whose responsibilities include working inside long-term care facilities on behalf of the department. The health department would be prohibited from employing persons who are required to register pursuant to the Sex Offender Registration Act to work inside a state-owned long-term care facility. Principal Authors:Kris Steele (H), Debbe Leftwich (S) Effective Date: / / Emergency:Yes Status Date:06/09/2005Current Status: Governor Signed

SB0184Paraphrase:sets budgetary limitations for the Department of Corrections. Principal Authors:Johnnie C. Crutchfield (S), Mike Morgan (S), Chris Benge (H), Jim Newport (H) Effective Date:09/01/2005Emergency:No  Status Date:05/27/2005Current Status:Failed Deadline

SB0327Paraphrase:authorizes the court to order supervision of an offender by a private supervision provider. The measure authorizes the court, instead of the Department of Corrections, to waive the $40-per-month fee if payment would impose an unnecessary hardship on the person. It requires that fees collected for supervision by a private provider be paid to the provider. Principal Authors:Charlie Laster (S), Shane Jett (H) Effective Date:11/01/2005Emergency:No  Status Date:04/21/2005Current Status:Dormant

SB0393Paraphrase:creates a Family and Friends of Inmates Equitable Phone Charges Act to require the cost of local and long distance telephone service provided to inmates of the Department of Corrections facilities be the same rates charged for comparable residential telephone service. The measure requires DOC to negotiate contracts for local and long distance telephone service on the basis of offering the lowest cost to users. It prohibits the state and DOC from accepting commissions or revenues and prohibits telephone services for their employees at below market rate from the providers of the inmate telephone service. DOC would be required to develop and implement a statewide debit calling system for inmates for local and long distance calls. Inmates would be allowed to establish an individual telephone account in which they could deposit funds received from family members and funds earned from inmate labor. Funds deposited in the account could be made available only to prisoners for the purposes of paying for direct telephone calls to family members. DOC would be prohibited from transferring funds from individual telephone accounts to any other funds of the inmate or the department. Principal Authors:Judy Eason McIntyre (S) Effective Date:11/01/2005 Emergency:No  Status Date:02/24/2005Current Status:Dormant

SB0422Paraphrase:prohibits state agencies from be subject to any surcharge established pursuant to the Oklahoma Telecommuniations Act of 1997. The measuare defines "surcharge" as the imposition of an additional tax, impost or cost. Principal Authors: Bernest Cain (S), Ron Peters (H) Effective Date:07/01/2005Emergency:No  Status Date:04/21/2005Current Status:Dormant

SB0440Paraphrase:directs that a copy of the sex offender registry be provided to the state superintendent of public instruction and authorizes the state school superintendent to copy and distribute certain information to schools. Principal Authors:David Myers (S), Dale DeWitt (H) Effective Date: / / Emergency:Yes Status Date:05/16/2005Current Status:Governor Action – Signed

SB0458Paraphrase:creates a 13-member Youthful Offender Task Force of 2005 to evaluate the effectiveness of the Youthful Offender Act and related juvenile justice issues, study best practices for similar types of adjudicated juveniles in other states and jurisdictions, the ability and effects of transferring youth to the Department of Corrections and to make recommendations for changes, modifications or revisions to the act. The task force would be required to submit a written report of recommendations and findings, if any, to the governor, Senate president pro tempote and House speaker by Jan. 6, 2006. The sunset date for the task force would be Jan. 31, 2006. Principal Authors: Nancy Riley (S), Lucky Lamons (H) Effective Date:07/01/2005 Emergency:Yes Status Date:05/23/2005Current Status:Governor Action – Signed

SB0504Paraphrase:calls for a presiding judge or designee to determine the eligibility of an offender for a drug court program instead of the district attorney. The bill allows the district attorney to object the consideration only if the offense is prohibited by law from participating in the drug court.  Principal Authors:Brian Crain (S), Thad Balkman (H) Effective Date:07/01/2005Emergency:Yes Status Date:04/21/2005Current Status:Dormant

SB0629Paraphrase:increases the minimum fee to be placed in a victims impact panel program or victim/offender reconciliation program from $5 to $15 and decreases the maximum electronic monitoring fee to $150 per month. The measure also modifies the definition of electronic monitoring to mean the confinement of the defendant within a specified location or locations with supervision by means of a global positioning device approved by the Department of Corrections. Any person sentenced to probation with a substance abuse special condition, who has failed that condition twice, shall be places on a global position monitoring system. The length and duration of electronic monitoring would be at the discretion of the supervising authority. Principal Authors:Charles Wyrick (S), Terry Ingmire (H) Effective Date: / / Emergency:No  Status Date: 04/28/2005 Current Status:Dormant

SB0631Paraphrase:creates Jessica Lunsford's Law to require inmates assigned to electronic monitoring to pay the Department of Corrections for all or part of all costs while on electronic monitoring, based on ability to pay. The measure requires any person in DOC custody or released to parole who is assigned to substance abuse treatment in the community to be assigned to electronic monitoring while in treatment. It requires habitual or aggravated sex offenders to be assigned to globabl position monitoring devices for the duration of the registration period that does not rely on cellular telephone technology, as well as to pay for the costs incurred while assigned to electronic monitoring. Principal Authors:Charles Wyrick (S), Terry Ingmire (H) Effective Date: / / Emergency:Yes  Status Date:05/17/2005Current Status:Governor Action – Signed

SB0636Paraphrase:states that any person who comes into contact with a peace officer prior to being actually received into custody who needs emergency medical care will be taken directly to a medical facility or hospital, and that responsibility for payment of the medical costs will be the sole responsibility of the person coming into the officer's contact, except when the condition is a direct result of injury caused by an officer acting outside the scope of lawful authority. The measure repeals Section 2 of Enr. HB 1434 of the 1st Session of the 50th Oklahoma Legislature, which is a duplicate section. Principal Authors:Charlie Laster (S), Shane Jett (H) Effective Date: / / Emergency:Yes Status Date:06/09/2005Current Status: Governor signed

SB0646Paraphrase:renames the OSBI's DNA Offender Database the OSBI Combined DNA Index System (CODIS) and authorizes secondary databases. The measure requires a person convicted of a felony offense to pay a DNA fee of $150. It requires all convicted felons and any person in Department of Corrections custody as of the effective date of the act to provide a blood or saliva sample prior to release. Felons sentenced to unsupervised probation or otherwise not supervised by DOC would be required to submit for blood or saliva testing to the sheriff of the sentencing county. Principal Authors:Jonathan Nichols (S) Effective Date:01/01/2006Emergency:No  Status Date:06/08/2005Current Status: Governor signed

SB0662Paraphrase:authorizes a convicted felon, while on probation or parole, to petition the State Election Board for voter registration. Principal Authors:Judy Eason McIntyre (S) Effective Date:11/01/2005Emergency:No  Status Date:02/24/2005 Current Status:Dormant

SB0682Paraphrase:prohibits the use of conductive energy weapons during the commission of a crime. The measure expands the crime of forcible sodomy to include sodomy committed against a person from 16 years to 20 years of age who is a student of a public or private secondary school, junior high or high school or public vocational school with a person aged 18 years or older who is employed by the same school system. The bill repeals a section relating to the duty of officers. Principal Authors:Kenneth Corn (S), Lucky Lamons (H) Effective Date: / / Emergency:Yes Status Date: 05/27/2005 Current Status:Dormant

SB0759Paraphrase:limits participation in the Delayed Sentencing Program for Young Adults to nonviolent offenders. The measure increases from 30 days to 90 days the time allowed after an offender is committed to program for the Department of Corrections to prepare and file with the court clerk a specialized offender accountability plan. The measure also allows search warrants to be executed before 6 a.m. and after 10 p.m. without a judicial order if the search to be performed is for evidence relating to the illegal manufacture of methamphetamine. Principal Authors:Owen Laughlin (S), Gus Blackwell (H) Effective Date:07/01/2005Emergency:Yes Status Date:06/07/2005 Current Status: Governor signed

SB0805Paraphrase:specifies procedures for assumption of operations of private prison facilities by the Department of Corrections. The measure authorizes the department to set and enforce corrective action for monitoring of private prison operations and requires due diligence by private prisons. Principal Authors:Debbe Leftwich (S), Paul D. Roan (H) Effective Date:07/01/2005Emergency:Yes Status Date:04/21/2005Current Status:Dormant

SB0824Paraphrase:requires private prison facilities to have written written emergency plans and mutual aid agreements between the facility and state and local law enforcement agencies, including the Department of Corrections and the Department of Public Safety. The measure requires DOC to designate facilities operated by the department to provide support in the event of a riot, escape or other serious emergency. The private prison contractor would be required to provide DOC access to the facility and secure facility space to establish a command post, including provisions for telephone and fax access. All emergency plans for the private prison facility would be required to be approved by the department annually on July 1 and within 30 days of any subsequent change or modification to the plans. The bill makes the Department of Corrections responsible for the cost of housing an inmate in the county jail from the date a defendant has been sentenced to the department until the date of transfer from the county jail. Principal Authors:Debbe Leftwich (S), Paul D. Roan (H) Effective Date:07/01/2005 Emergency:Yes Status Date:06/09/2005Current Status: Governor signed

SB0830Paraphrase:increases the amount of the fee imposed by a court to be placed in a victims impact panel program to no less than $15 and no more than $50. Principal Authors:Debbe Leftwich (S), Richard Morrissette (H) Effective Date: / / Emergency:Yes Status Date:05/16/2005Current Status:Governor Action – Signed
 



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