STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 993	By:	Coates

AS INTRODUCED

An Act relating to child protection; requiring a report to law enforcement for witnessing certain conduct; prohibiting relief from reporting requirement; specifying penalty; prohibiting interference from employers for reporting requirements; providing penalty for false reports; providing liability standard; providing for codification; providing an effective date; and declaring an emergency.

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 1-2-101.1 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  In addition to the reporting requirements provided in Section 1-2-101 of Title 10A of the Oklahoma Statutes, any person that witnesses sexual conduct, as defined in subsection B of Section 1024.1 of Title 21 of the Oklahoma Statutes, between an adult and a child under the age of fourteen (14) years shall report the matter promptly to the county or municipal law enforcement authority where the conduct was witnessed.
B.  No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.
C.  Any person who knowingly and willfully fails to promptly report as required by this section or who interferes with the prompt reporting required by this section may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a felony.
D.  The reporting obligations under this section are individual, and no employer, supervisor, or administrator shall interfere with the reporting obligations of any employee or other person or in any manner discriminate or retaliate against the employee or other person who in good faith reports as required by this section, or who provides testimony in any proceeding involving misconduct related to the report.  Any employer, supervisor, or administrator who discharges, discriminates or retaliates against the employee or other person shall be liable for damages, costs and attorney fees.
E.  Any person who knowingly and willfully makes a false report pursuant to the provisions of this section or a report that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
F.  Reports made in good faith pursuant to this section and not found to violate subsection E of this section shall not give rise to any liability by the person making a report as required by this section.
SECTION 2.  This act shall become effective July 1, 2012.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-2-2001	 MD	11/16/2011 3:15:26 PM