ENROLLED HOUSE
BILL NO. 2313	By:	Duncan, Luttrell, Hoskin and Roan of the House

				and

		Jolley of the Senate

An Act relating to criminal procedure; amending 10 O.S. 2001, Section 7303-1.2, as last amended by Section 41, Chapter 234, O.S.L. 2009, and as renumbered by Section 178, Chapter 234, O.S.L. 2009 (10A O.S. Supp. 2009, Section 2-2-102), which relates to personal jurisdiction in juvenile proceedings; authorizing the filing of juvenile proceedings under certain circumstances; amending 10 O.S. 2001, Section 7306-2.6, as last amended by Section 84, Chapter 234, O.S.L. 2009, and as renumbered by Section 188, Chapter 234, O.S.L. 2009 (10A O.S. Supp. 2009, Section 2-5-206), which relates to procedures for creating youthful offender status; modifying list of qualifying criminal acts; amending 19 O.S. 2001, Section 215.11, which relates to annual accounting procedures for district attorneys; deleting annual accounting requirement; amending 21 O.S. 2001, Section 444, which relates to escapes from arrest or detention; making certain acts unlawful; amending 21 O.S. 2001, Section 1123, as last amended by Section 125, Chapter 234, O.S.L. 2009 (21 O.S. Supp. 2009, Section 1123), which relates to lewd molestation and sexual battery; modifying exception to certain prohibited act; modifying definition of sexual battery; making certain acts unlawful; amending 22 O.S. 2001, Sections 996.1, as last amended by Section 2, Chapter 275, O.S.L. 2009 and 996.3, as last amended by Section 2, Chapter 426, O.S.L. 2005 (22 O.S. Supp. 2009, Sections 996.1 and 996.3), which relate to the Delayed Sentencing Program for Young Adults; modifying definition of offender; making certain persons ineligible for the Delayed Sentencing Program for Young Adults; amending 63 O.S. 2001, Section 1-323, as amended by Section 19, Chapter 392, O.S.L. 2003 (63 O.S. Supp. 2009, Section 1-323), which relates to vital statistics records; requiring birth certificates and death certificates to be provided without cost under certain circumstances; repealing 22 O.S. 2001, Sections 1291, 1292, 1293 and 1294, which relate to compromises of misdemeanors and prosecutions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     10 O.S. 2001, Section 7303-1.2, as last amended by Section 41, Chapter 234, O.S.L. 2009, and as renumbered by Section 178, Chapter 234, O.S.L. 2009 (10A O.S. Supp. 2009, Section 2-2-102), is amended to read as follows:

Section 2-2-102.  A.  1.  Upon the filing of a petition alleging the child to be in need of supervision, or upon the assumption of custody pursuant to Section 2-2-101 of this title, the district court of the county shall have jurisdiction where a child:

a.	resides,

b.	is found, or

c.	is alleged to be or is found to be in need of supervision.

2.  The court shall have jurisdiction of the parent, legal custodian, legal guardian, stepparent of the child, or any adult person living in the home of the child regardless of where the parent, legal custodian, legal guardian, stepparent, or adult person living in the home of the child is found.

3.  When jurisdiction has been obtained over a child who is or is alleged to be in need of supervision, such may be retained until the child becomes eighteen (18) years of age.

B.  1.  Upon the filing of a petition alleging the child to be delinquent or upon the assumption of custody pursuant to Section 2-2-101 of this title, the district court of the county where the delinquent act occurred shall have jurisdiction of the child and of the parent, legal custodian, legal guardian, stepparent of the child or any adult person living in the home of the child regardless of where the parent, legal custodian, legal guardian, stepparent, or adult person living in the home of the child is found.

2.  When jurisdiction has been obtained over a child who is or is alleged to be a delinquent, jurisdiction may be retained until the child becomes nineteen (19) years of age upon the court's own motion, motion by the district attorney or motion by the Office of Juvenile Affairs, as provided in Section 2-7-504 of this title.

3.  The juvenile proceeding may be filed before the child becomes eighteen (18) years of age or; within one (1) year after the date of the eighteenth birthday of the child if the underlying act would constitute a felony if committed by an adult; or within six (6) months after the date of the eighteenth birthday if the underlying act would constitute a misdemeanor if committed by an adult.

C.  The district court in which a petition is filed or the district court in which custody has been assumed pursuant to the provisions of Section 2-2-101 of this title may retain jurisdiction of a delinquent child in such proceeding notwithstanding the fact that the child is subject to the jurisdiction of another district court within the state.  Any adjudication and disposition made by the court in which said petition is filed shall control over prior orders in regard to the child.

D.  Except as otherwise provided in the Oklahoma Juvenile Code, a child who is charged with having violated any state statute or municipal ordinance, other than those enumerated in Section 2-5-101, 2-5-205 or 2-5-206 of this title, shall not be tried in a criminal action but in a juvenile proceeding.

E.  If, during the pendency of a criminal charge against any person, it shall be ascertained that the person was a child at the time of committing the alleged offense, the district court or municipal court shall transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile division of the district court.  The division making the transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division, to that division itself, or release the child to the custody of a suitable person to be brought before the juvenile division.

F.  Nothing in this act shall be construed to prevent the exercise of concurrent jurisdiction by another division of the district court or by the municipal courts in cases involving children wherein the child is charged with the violation of a state or municipal traffic law or ordinance.

SECTION 2.     AMENDATORY     10 O.S. 2001, Section 7306-2.6, as last amended by Section 84, Chapter 234, O.S.L. 2009, and as renumbered by Section 188, Chapter 234, O.S.L. 2009 (10A O.S. Supp. 2009, Section 2-5-206), is amended to read as follows:

Section 2-5-206.  A.  Any person fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with:

1.  Murder in the second degree;

2.  Kidnapping;

3.  Manslaughter in the first degree;

4.  Robbery with a dangerous weapon or a firearm or attempt thereof;

5.  Robbery with a firearm in the first degree or attempt thereof;

6.  Rape in the first degree or attempt thereof;

7.  Rape by instrumentation or attempt thereof;

8.  Forcible sodomy;

9.  Lewd molestation;

10.  Arson in the first degree or attempt thereof; or

11.  Any offense in violation of Section 652 of Title 21 of the Oklahoma Statutes,

shall be held accountable for such acts as a youthful offender.

B.  Any person sixteen (16) or seventeen (17) years of age who is charged with:

1.  Burglary in the first degree or attempted burglary in the first degree;

2.  Battery or assault and battery on a state employee or contractor while in the custody or supervision of the Office of Juvenile Affairs;

3.  Aggravated assault and battery of a police officer;

4.  Intimidating a witness;

5.  Trafficking in or manufacturing illegal drugs;

6.  Assault or assault and battery with a deadly weapon;

7.  Maiming;

8.  Residential burglary in the second degree after two or more adjudications that are separated in time for delinquency for committing burglary in the first degree or residential burglary in the second degree;

9.  Rape in the second degree; or

10.  Use of a firearm while in commission of a felony,

shall be held accountable for such acts as a youthful offender.

C.  The district attorney may file a petition alleging the person to be a delinquent or may file an information against the accused person charging the person as a youthful offender.  The district attorney shall notify the Office of Juvenile Affairs upon the filing of youthful offender charges.

D.  1.  Upon the filing of the information against such alleged youthful offender, a warrant shall be issued which shall set forth the rights of the accused person, and the rights of the parents, guardian or next friend of the accused person to be present at the preliminary hearing, and to have an attorney present.

2.  The warrant shall be personally served together with a certified copy of the information on the alleged youthful offender and on a custodial parent, guardian or next friend of the accused person.

3.  When personal service of a custodial parent, guardian or next friend of the alleged youthful offender cannot be effected, service may be made by certified mail to the last-known address of the person, requesting a return receipt from the addressee only.  If delivery is refused, notice may be given by mailing the warrant and a copy of the information on the accused person by regular first-class mail to the address where the person to be notified refused delivery of the notice sent by certified mail.  Where the address of a custodial parent, guardian or next friend is not known, or if the mailed warrant and copy of the information on the accused person is returned for any reason other than refusal of the addressee to accept delivery, after a distinct and meaningful search of all reasonably available sources to ascertain the whereabouts of a custodial parent, guardian or next friend has been conducted, the court may order that notice of the hearing be given by publication one time in a newspaper of general circulation in the county.  In addition, the court may order other means of service of notice that the court deems advisable or in the interests of justice.

4.  Before service by publication is ordered, the court shall conduct an inquiry to determine whether a thorough search has been made of all reasonably available sources to ascertain the whereabouts of any party for whom notice by publication is sought.

E.  The court shall commence a preliminary hearing within ninety (90) days of the filing of the information pursuant to Section 258 of Title 22 of the Oklahoma Statutes, to determine whether the crime was committed and whether there is probable cause to believe the accused person committed the crime.  If the preliminary hearing is not commenced within ninety (90) days, the state shall be prohibited from seeking an adult sentence unless the ninety-day requirement is waived by the defendant.  If the whereabouts of the accused are unknown at the time of the filing of the information or if the accused is a fugitive, the State of Oklahoma shall make reasonable efforts to locate the accused in order to commence the proceedings.  An accused who flees the jurisdiction of the court or purposely avoids apprehension for the charges, waives the right to have the preliminary hearing commenced within ninety (90) days of the filing of the information.  An accused who fails to cooperate with providing information in locating the accused parent, guardian, or next friend for purpose of notice waives the right to have the preliminary hearing commence within ninety (90) days of the filing of the information.

F.  1.  The accused person may file a motion for certification to the juvenile justice system before the start of the criminal preliminary hearing:

a.	upon the filing of such motion, the complete juvenile record of the accused shall be made available to the district attorney and the accused person,

b.	at the conclusion of the state's case at the criminal preliminary hearing, the accused person may offer evidence to support the motion for certification as a child.

2.  If no motion to certify the accused person to the juvenile justice system has been filed, at the conclusion of the criminal preliminary hearing the court may on its own motion hold a hearing on the matter of the certification of the accused youthful offender to the juvenile system.

3.  The court shall rule on the certification motion before ruling on whether to bind the accused over for trial.  When ruling on the certification motion, the court shall give consideration to the following guidelines with the greatest weight given to subparagraphs a, b and c:

a.	whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner,

b.	whether the offense was against persons, and if personal injury resulted, the degree of personal injury,

c.	the record and past history of the accused person, including previous contacts with law enforcement agencies and juvenile or criminal courts, prior periods of probation and commitments to juvenile institutions,

d.	the sophistication and maturity of the accused person and the accused person’s capability of distinguishing right from wrong as determined by consideration of the accused person’s psychological evaluation, home, environmental situation, emotional attitude and pattern of living,

e.	the prospects for adequate protection of the public if the accused person is processed through the youthful offender system or the juvenile system,

f.	the reasonable likelihood of rehabilitation of the accused person if the accused is found to have committed the alleged offense, by the use of procedures and facilities currently available to the juvenile court, and

g.	whether the offense occurred while the accused person was escaping or in an escape status from an institution for youthful offenders or juvenile delinquents.

4.  In its decision on the motion for certification as an alleged juvenile delinquent, the court shall detail findings of fact and conclusions of law to each of the above considerations and shall state that the court has considered each of the guidelines in reaching its decision.

5.  An order certifying a person or denying such certification to the juvenile justice system shall be a final order, appealable when entered.

G.  Upon conviction, sentence may be imposed as a sentence for a youthful offender as provided by Section 2-5-209 of this title.  If the youthful offender sentence is imposed as an adult sentence as provided by Section 2-5-208 of this title, the convicted person may be incarcerated with the adult population.

SECTION 3.     AMENDATORY     19 O.S. 2001, Section 215.11, is amended to read as follows:

Section 215.11  Every district attorney shall on or before the first day of January in each year, file in the office of the county treasurer of each county in his district an account in writing, verified by his affidavit, to be filed with said account, of all monies received by him during the preceding year by virtue of his office in relation to said county, or any fines, recognizances, forfeitures, penalties or costs; and he shall specify in such accounts the name of each person from whom he may have received such monies, the particular amount paid by each person and the cause for which each payment was made.  But he shall pay over to the county treasurer of the county in which same is receivable all money he the district attorney may receive as such district attorney within ten (10) days after he received it receiving said money.

SECTION 4.     AMENDATORY     21 O.S. 2001, Section 444, is amended to read as follows:

Section 444.  A.  It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to escape or attempt to escape from such peace officer.

B.  Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a misdemeanor offense shall be guilty of a misdemeanor.

C.  Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a felony offense shall be guilty of a felony.

D.  It is unlawful for any person admitted to bail or released on recognizance, bond, or undertaking for appearance before any magistrate or court of the State of Oklahoma, and required as a condition of such release from detention to wear any electronic monitoring device on the body of the person to remove such device without authorization from the court.  For purposes of this subsection, any person charged with a misdemeanor offense who removes such device without authorization from the court shall be guilty of a misdemeanor and any person charged with a felony offense who removes such device without authorization from the court shall be guilty of a felony.

SECTION 5.     AMENDATORY     21 O.S. 2001, Section 1123, as last amended by Section 125, Chapter 234, O.S.L. 2009 (21 O.S. Supp. 2009, Section 1123), is amended to read as follows:

Section 1123.  A.  It is a felony for any person to knowingly and intentionally:

1.  Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or

2.  Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or

3.  Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or

4.  In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or

5.  In a lewd and lascivious manner and for the purpose of sexual gratification:

a.	urinate or defecate upon a child under sixteen (16) years of age,

b.	ejaculate upon or in the presence of a child,

c.	cause, expose, force or require a child to look upon the body or private parts of another person,

d.	force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,

e.	cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or

f.	force or require a child to touch or feel the body or private parts of said child or another person.

Any person convicted of any violation of this subsection shall be punished by imprisonment in the custody of the Department of Corrections for not less than three (3) years nor more than twenty (20) years, except when the child is under twelve (12) years of age at the time the offense is committed, and in such case the person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years.  The provisions of this subsection shall not apply unless the accused is at least three (3) years older than the victim, except when accomplished by the use of force or fear.  Any person convicted of a second or subsequent violation of this subsection shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence.  Any person convicted of a third or subsequent violation of this subsection shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court.  Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 843.5 of this title, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.

B.  No person shall commit sexual battery on any other person.  “Sexual battery” shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner and without:

1.  Without the consent of that person or when;

2.  When committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state; or

3.  When committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of the same school system that the victim attends.

As used in this subsection, “employee of the same school system” means a teacher, principal or other duly appointed person employed by a school system or an employee of a firm contracting with a school system who exercises authority over the victim.

C.  No person shall in any manner lewdly or lasciviously:

1.  Look upon, touch, maul, or feel the body or private parts of any human corpse in any indecent manner relating to sexual matters or sexual interest; or

2.  Urinate, defecate or ejaculate upon any human corpse.

D.  Any person convicted of a violation of subsection B or C of this section shall be deemed guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years.

D. E.  The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.

E. F.  Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections.  The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

SECTION 6.     AMENDATORY     22 O.S. 2001, Section 996.1, as last amended by Section 2, Chapter 275, O.S.L. 2009 (22 O.S. Supp. 2009, Section 996.1), is amended to read as follows:

Section 996.1  As used in the Delayed Sentencing Program for Young Adults:

"Offender" means any adult eighteen (18) through twenty-one (21) years of age as of the date of a verdict of guilty or a plea of guilty or nolo contendere for a nonviolent felony offense or a juvenile who has been certified to stand trial as an adult for a nonviolent felony offense, and who has not been convicted of assault and battery with a dangerous weapon, aggravated assault and battery on a law officer, poisoning with intent to kill, shooting or discharging a firearm with intent to kill, assault with intent to kill, using a vehicle to facilitate the intentional discharge of any kind of firearm in violation of Section 652 of Title 21 of the Oklahoma Statutes, assault with intent to commit a felony, murder in the first degree, murder in the second degree, manslaughter in the first degree, manslaughter in the second degree, kidnapping, burglary in the first degree, kidnapping for extortion, maiming, robbery, child beating, wiring any equipment, vehicle, or structure with explosives, forcible sodomy, rape in the first degree or rape by instrumentation, lewd or indecent proposition or lewd or indecent act with a child under sixteen (16) years of age, use of a firearm or offensive weapon to commit or attempt to commit a felony, pointing firearms, rioting, or arson in the first degree, or child pornography, and who has no charges pending for a violent offense.

SECTION 7.     AMENDATORY     22 O.S. 2001, Section 996.3, as last amended by Section 2, Chapter 426, O.S.L. 2005 (22 O.S. Supp. 2009, Section 996.3), is amended to read as follows:

Section 996.3  A.  Upon a verdict of guilty or a plea of guilty or nolo contendere of an offender, the court shall delay sentencing for a period not less than one hundred eighty (180) days nor more than one (1) year after the plea of guilty or finding of guilt is entered and order the offender to the Delayed Sentencing Program for Young Adults under the custody of the Department of Corrections.  For purposes of the Delayed Sentencing Program for Young Adults, the term "custody" shall include probation or confinement during the term of the Program.  The court may initially commit the offender for either probation or confinement pending the completion of the Delayed Sentencing Program.

After the completion of the Program the court shall:

1.  Defer judgment pursuant to the provisions of Section 991c of this title;

2.  Sentence the offender to any sentence provided by law in the custody of the Department of Corrections; 

3.  Suspend the execution of sentence pursuant to Section 991a of this title.  In addition to other conditions of probation allowed by statute, the court may include special conditions of probation as set forth in the plan provided to the court if sentencing is deferred or if all or part of the sentence is suspended; 

4.  Sentence the offender to community sentencing; or

5.  Dismiss the criminal charges and proceedings.

B.  Within ninety (90) days after the offender is committed to the Delayed Sentencing Program for Young Adults, the Department of Corrections shall prepare and file with the court clerk a specialized offender accountability plan for the offender which shall comply with and be in lieu of the presentence investigation provided for in Section 982 of this title.  The plan shall include information, evaluations, and data directed by the sentencing court, and may include, but not be limited to, the investigation report of probation officers, an assessment of security risks and offender needs and a recommended specific course of action, including, where applicable, psychological counseling, psychiatric treatment, medical treatment, education or vocational training, work, restitution, and such other programs, which will offer the best opportunity for rehabilitation of the offender.  If the plan recommends confinement, the plan shall state specifically the type of confinement that the Department of Corrections proposes to utilize and the amount of time the offender will spend in that confinement, including but not limited to boot camp, substance abuse treatment, and vocational or educational placement.

Upon filing the plan, copies shall be provided by the Department of Corrections to the district attorney, the offender, the offender's attorney, and the court.  If the district attorney, the offender or the offender's attorney objects to the plan, the objecting party may file a written objection with the court within ten (10) days of the receipt of the plan.  Upon the filing of any objection, the court shall conduct a hearing within ten (10) days of the filing of the objection and decide a plan of action for the offender under the Delayed Sentencing Program for Young Adults or sentence the offender as otherwise provided by law.

C.  An order by the court placing an offender in the Delayed Sentencing Program for Young Adults shall be accepted by the Department of Corrections as a commitment to the custody of the Department pursuant to the provisions of Section 521 of Title 57 of the Oklahoma Statutes, for the sole purpose of committing an offender for assessment and evaluation and complying with the accountability plan.

D.  If no objection has been made to the plan, the offender shall remain in the custody of the Department either under probation or confinement to comply with the terms and conditions of the plan.  The offender may be housed either in a minimum or medium security facility, halfway house, community corrections facility, or any combination as needed to comply with the plan and meet offender criminogenic needs.

E.  Any offender previously admitted to the Delayed Sentencing Program for Young Adults shall be ineligible for the Delayed Sentencing Program for Young Adults for subsequent offenses.

SECTION 8.     AMENDATORY     63 O.S. 2001, Section 1-323, as amended by Section 19, Chapter 392, O.S.L. 2003 (63 O.S. Supp. 2009, Section 1-323), is amended to read as follows:

Section 1-323.  A.  To protect the integrity of vital statistics records, to insure their proper use, and to insure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in, vital statistics records, or to copy or issue a copy of all or part of any such record except to the person who is the subject of the record or in such person's interest unless ordered to do so by a court of competent jurisdiction; provided, however, that death certificates shall be issued upon request and the payment of applicable fees as provided in Section 1-325 of this Code.  Certified copies of birth certificates and death certificates shall be provided without cost and without a court order to the Attorney General or to any district attorney upon request in the course of a criminal investigation. 

B.  The State Commissioner of Health may authorize the disclosure of data contained in vital statistics records for research purposes.

C.  The State Department of Health shall transmit to the Department of Public Safety;

1.  At the end of each quarter year, a list of all registered deaths which have occurred during such period of time.  Upon receipt of such list the Department of Public Safety shall use such list solely to update Department of Public Safety records and to cancel the driver license for those deceased individuals with a valid Oklahoma driver license at the time of death;

2.  At the end of each month, a report of all registered deaths that resulted from a motor vehicle collision which have occurred during such period of time.  The report shall be used by the Department solely for the purpose of statistical analysis and reporting; and

3.  Upon written request from the Department, a death certificate.  The certificate shall be used solely by the Fatality Analysis Reporting System (FARS) Analyst of the Oklahoma Highway Safety Office to populate the federal FARS database.

D.  Each month, the Commissioner shall authorize the transmission to the Oklahoma Health Care Authority of a certified list of all registered deaths of residents of this state that have occurred within the state for the immediately preceding month.  The Oklahoma Health Care Authority shall use the transmitted list to ascertain the names of those individuals participating in the state Medicaid program who are deceased, and shall thereafter terminate such deceased person's enrollment in the state Medicaid program.

E.  Information in vital statistics records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by rule or upon order of a court of competent jurisdiction.

F.  For the purpose of assisting in the location and recovery of missing children, information pertaining to birth certificates and requests for copies of birth certificates shall be provided to the Oklahoma State Bureau of Investigation pursuant to the provisions of Section 1-323.1 of this title and Section 150.12A of Title 74 of the Oklahoma Statutes.

G.  The Commissioner shall authorize the transmission of death certificates to the Department of Labor for the purpose of the Department of Labor conducting a census of total occupational injuries and illnesses.  The Department shall transmit to the Department of Labor statistics of fatal occupational injuries that shall include the following:

1.  Name of the deceased;

2.  Date of death;

3.  Sex;

4.  Race;

5.  Age;

6.  Birth date;

7.  Social security number;

8.  Whether an autopsy was conducted;

9.  Month of the accident; and

10.  Whether decedent was of Hispanic origin.

H.  The Department of Labor shall be required to protect the integrity of the vital statistics records to the same extent required of the Department pursuant to this section.

SECTION 9.     REPEALER     22 O.S. 2001, Sections 1291, 1292, 1293 and 1294 are hereby repealed.

SECTION 10.  This act shall become effective November 1, 2010.

Passed the House of Representatives the 5th day of May, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 15th day of April, 2010.

	
Presiding Officer of the Senate