STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 755	By:	Rice

AS INTRODUCED

An Act relating to public health and safety; requiring certain persons to make certain report; specifying acts to be reported; specifying persons and entities to which certain report shall be made; requiring certain preservation; directing certain examination; requiring certain information and recordings to be made available to certain persons; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-1939.1 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  Any person who witnesses and/or suspects a criminal act in a long-term care facility shall immediately report the witnessed and/or suspected criminal act to the facility administrator or other person in charge if the facility administrator is not on-site.  Both persons shall immediately notify emergency medical services, if requested or required by the victim, and the local municipal police department or sheriff’s office.  If 911 services are available where the facility is located, emergency medical services and law enforcement may be notified at the same time.
B.  Criminal acts to be reported pursuant to subsection A of this section shall include, but are not limited to, murder, rape, sexual assault, sexual battery, physical assault, theft, caretaker abuse and caretaker neglect.
C.  After notifying emergency medical services and/or local law enforcement pursuant to subsection A of this section, the facility administrator, or other person in charge if the facility administrator is not on-site, shall immediately report the witnessed and/or suspected criminal act to the following persons and entities:
1.  The facility administrator, if the facility administrator is not on-site;
2.  The legal representative or representatives of the victim, if applicable;
3.  The Office of the Attorney General; and
4.  The State Department of Health pursuant to Section 1-1939 of this title.
D.  When a criminal act is witnessed and/or suspected, the suspected crime scene shall be preserved.  The victim shall remain in the position in which the victim was discovered, unless emergency medical care is required.  The victim shall not be bathed or cleaned, the clothing of the victim and the linens on the bed of the victim shall not be changed or washed, the trash shall not be removed and no other changes shall be made to the suspected crime scene until law enforcement officials arrive and give authorization to take any of these actions.
E.  In the event of witnessed and/or suspected rape, sexual assault, or sexual battery, the victim shall be given an examination by a sexual assault nurse examiner with the consent of the victim or the legal representative of such victim.  If a sexual assault nurse examiner is not available, a rape examination shall be conducted by a physician or registered nurse.
F.  The victim’s records and any electronic recording of the witnessed and/or suspected crime shall be made available to law enforcement officials upon request.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-912	JM	1/14/2009 1:04:12 PM