2019 LEGAL UPDATE
NADDI
SUSAN ROGERS, EXECUTIVE DIRECTOR AND
GENERAL COUNSEL
OKLAHOMA LEGISLATURE 2019
LARGEST TURNOVER SINCE THE ORIGINAL
TERM LIMITS WENT INTO EFFECT
HOUSE
• 101 House of Representatives Serve 2 year terms
• 46 Newly Elected
• 76 republicans / 25 democrats
• Only 4 term limited in 2020 (next year)
• *** Roughly 90% have been in office less than 4 years***
SENATE
• 48 members – 4 year staggered terms
• 16 newly elected ; 10 newly elected 2 years ago:
• 39 Republicans / 9 Democrats
• Only 1 term limited in 2020 (next year)
• A little over 50% in office less than 4 years;
NEW GOVERNOR AND STAFF
• 1. New Governor and new staff in Governor’s office
• 2. New Cabinet Secretaries – with a few exceptions all independent
business people (2 previous retained)
• 3. Last Session the Legislature gave the Governor the ability to appoint
the Agency Directors and dissolve the Boards and appoint new board
members for the Health Department, DHS, Mental Health, Corrections,
Transportation and the Office of Juvenile Affairs; Since it went into
effect, all but 2 Agency Directors have been changed;
• Very technology oriented; virtual licensing
• Believes every agency should have fresh eyes
HEALTH CARE IN OKLAHOMA
• Oklahoma is now ranked #47 in Health Care in the United States
• This is a drop from 43 in 2017 and is the largest negative change in rank in America. • Oklahoma has the highest uninsured rate;
• Since 2016 - 8 Hospitals have declared bankruptcy; Antlers, Atoka, Drumright, Fairfax, Prague, Seiling, Stigler and Vinita • 6 hospitals that have closed: Eufaula, Frederick, Pauls Valley, Sayre and Wilberton (El Reno changed to outpatient
only)
• Medicaid Expansion – Governor issues executive order to expand Medicaid; legislature voted for partial expansion; remainder not passed went dormant; Initiative Petition 419/ State Question 802 – vote of the people to expand Medicaid.
• Oklahoma has the longest State Constitution of any State in the United States
• Oklahoma is one of a handful of states that allows a vote of the people to amend the state constitution – i.e. “Medical” (recreational) Marijuana.
MARIJUANA “UNITY BILL” HB 2612
IN EFFECT AUGUST 24, 2019
OKLAHOMA MEDICAL MARIJUANA AND PATIENT PROTECTION ACT
• Oversight Agency – Oklahoma Medical Marijuana Authority via Oklahoma Health Department • Terms to know:
• "Cannabinoid" means any of the chemical compounds that are active principles of marijuana;
• “Child resistant packaging” – hard for under 5 to open; opaque packaging to not see product; resealable’ • “Dispensary” – marijuana store to sell to patients and caregivers;
• "Edible medical marijuana product" means any medical-marijuana-infused product for which the intended use is oral consumption including, but not limited to, any type of food, drink or pill;
• "Food-based medical marijuana concentrate" means a medical marijuana concentrate that was produced by extracting cannabinoids from medical marijuana through the use of propylene glycol, glycerin, butter, olive oil, coconut oil or other typical food-safe cooking fats;
• "Heat- or pressure-based medical marijuana concentrate" means a medical marijuana concentrate that was produced by extracting cannabinoids from medical marijuana through the use of heat or pressure;
• "Inventory tracking system" means the required tracking system that accounts for medical marijuana from either the seed or immature plant stage until the medical marijuana or medical marijuana product is sold to a patient at a medical
marijuana dispensary, transferred to a medical marijuana research facility, destroyed by a medical marijuana business or used in a research project by a medical marijuana research facility;
MARIJUANA UNITY BILL HB 2612
• "Manufacture" means the production, propagation, compounding or processing of a medical marijuana product,
excluding marijuana plants, either directly or indirectly by extraction from substances of natural or synthetic origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis;
• "Marijuana" shall have the same meaning as such term is defined in Section 2-101 of Title 63 of the Oklahoma Statutes; • "Medical marijuana concentrate" or "concentrate" means a specific subset of medical marijuana that was produced by
extracting cannabinoids from medical marijuana. Categories of medical marijuana concentrate include water-based medical marijuana concentrate, food-based medical marijuana concentrate, solvent-based medical marijuana
concentrate, and heat- or pressure-based medical marijuana concentrate;
• "Medical-marijuana-infused product" means a product infused with medical marijuana including, but not limited to, edible products, ointments and tinctures;
• "Medical marijuana product" or "product" means a product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a qualified
patient including, but not limited to, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids, and forms administered by a nebulizer, excluding live plant forms which are considered medical marijuana;
• "Medical use" means the acquisition, possession, use, delivery, transfer or transportation of medical marijuana, medical marijuana products, medical marijuana devices or paraphernalia relating to the administration of medical marijuana to treat a licensed patient;
MARIJUANA UNITY BILL HB 2612
• "Package" or "packaging" means any container or wrapper that may be used by a medical marijuana business to enclose or contain medical marijuana;
• "Shipping container" means a hard-sided container with a lid or other enclosure that can be secured in place. A shipping container is used solely for the transport of medical marijuana, medical marijuana concentrate, or medical marijuana products between medical marijuana businesses, a medical marijuana research facility, or a medical marijuana education facility;
• "Solvent-based medical marijuana concentrate" means a medical marijuana concentrate that was produced by extracting cannabinoids from medical marijuana through the use of a solvent approved by the Department;
• "Transporter agent" means a person who transports medical marijuana or medical marijuana products for a licensed transporter and holds a transporter agent license pursuant to this act;
• "Water-based medical marijuana concentrate" means a concentrate that was produced by extracting cannabinoids from medical marijuana through the use of only water, ice, or dry ice.
• Sec.3 Creates the Medical Marijuana Authority (a licensing agency within the Department of Health) • A. gives all investigators full peace officer law enforcement powers;
MEDICAL MARIJUANA UNITY BILL HB 2612
• The Department and the Authority, the senior director of enforcement, the Executive Director, and Department investigators shall have all the powers of any peace officer to:
• 1. Investigate violations or suspected violations of this act and any rules promulgated pursuant thereto;
• 2. Serve all warrants, summonses, subpoenas, administrative citations, notices or other processes relating to the enforcement of laws regulating medical marijuana, concentrate, and medical marijuana product;
• 3. Assist or aid any law enforcement officer in the performance of his or her duties upon such law enforcement officer's request or the request of other local officials having jurisdiction;
• 4. Require any business licensee, upon twenty-four (24) hours notice or upon a showing of necessity, to permit an
inspection of licensed premises during business hours or at any time of apparent operation, marijuana equipment, and marijuana accessories, or books and records; and to permit the testing of or examination of medical marijuana,
concentrate, or product; and
• Require applicants to submit complete and current applications, information required by this act and fees, and approve material changes made by the applicant or licensee.
• Gives the authority the power to discipline and fine each “licensee” for violations;
• Registry lists patients only by number; records are considered HIPPA protected; application records and information is sealed.
MEDICAL MARIJUANA UNITY BILL HB 2612
• A. The rights to possess the marijuana products set forth in Section 420 of Title 63 of the Oklahoma Statutes are cumulative and a duly licensed individual may possess at any one time the totality of the items listed therein and not be in violation of this act so long as the individual holds a valid patient license or caregiver license.
• B. Municipal and county governing bodies may not enact medical marijuana guidelines which restrict or interfere with the rights of a licensed patient or caregiver to possess, purchase, cultivate or transport medical marijuana within the legal limits set forth in this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes or require patients or caregivers to obtain permits or licenses in addition to the state-required licenses provided herein.
• C. Nothing in this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes shall prohibit a residential or commercial
property or business owner from prohibiting the consumption of medical marijuana or medical marijuana product by smoke or vaporization on the premises, within the structures of the premises or within ten (10) feet of the entryway to the premises. However, a medical marijuana patient shall not be denied the right to consume or use other medical marijuana products which are otherwise legal and do not involve the smoking or vaporization of cannabis when lawfully recommended pursuant to Section 420 of Title 63 of the Oklahoma Statutes.
• E. A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm,
ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessories or any related firearms license or certification based solely on their status as a medical marijuana patient or caregiver licensee.
• F. A medical marijuana patient or caregiver in actual possession of a medical marijuana license shall not be subject to arrest, prosecution or penalty in any manner or denied any right, privilege or public assistance, under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or
MEDICAL MARIJUANA UNITY BILL HB 2612
Unless otherwise required by federal law or required to obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of such applicant's or employee's status as a medical marijuana licensee; and
2. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites, unless:
a. the applicant or employee is not in possession of a valid medical marijuana license,
b. the licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations, or
c. the position is one involving safety-sensitive job duties, as such term is defined in subsection K of this section.
Employers not required to permit or accommodate the use of medical marijuana on the property or premises of any place of employment or during hours of employment; provide insurance or workers comp benefits related to mj.
• “safety sensitive job” a. the handling, packaging, processing, storage, disposal or transport of hazardous materials, b. the operation of a motor vehicle, other vehicle, equipment, machinery or power tools repairing, maintaining or monitoring the
performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage, d. performing firefighting duties, e. the operation, maintenance or oversight of critical
services and infrastructure including, but not limited to, electric, gas, and water utilities, power generation or distribution, f. the extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component, dispensing
MEDICAL MARIJUANA UNITY BILL HB 2612
• Physicians prohibited from being arrested for providing mm cards; prohibited from actions being taken against their licenses by medical boards; may not be located at the same physical address as the dispensary;
• Medical marijuana patients may grow their own on real property owned by the patient or on real property wherein the patient or caregiver has the owners written permission;
• Medical marijuana plants can’t be accessible to a member of the general public and may not be visible from any street adjacent to the property. Not allowed to use extraction equipment on the property;
• Can’t get a license for a business if: under 25, convicted of a non-violent felony within 2 yrs of app or 5 years of any other felony; failure to pay taxes on mm business; if you are a sheriff, deputy sheriff, prosecuting officer, or officer or authority of a municipality; revoked caregiver; a publicly traded company;
• Transporters license allows transportation of all levels of marijuana; required to have manifest, logs and must use seed to sale tracking system; must have GPS system on vehicle.
• Food products required to be tested for contaminants and must be labeled that the product contains thc as well as the cannabinoid potency and the terpenoid potency;
• Research license for a person to grow, cultivate, possess and transfer by sale or donation, marijuana pursuant to the act; • Medical marijuana education facility;
OTHER MEDICAL MARIJUANA LEGISLATION
• HB 2613 – Podiatrists can now recommend medical marijuana as of May 15,
2019.
• HB 2601 restricts the smoking of medical marijuana in public places; (already
being challenged) Adds lighted marijuana or vaping of marijuana to the
existing prohibition of smoking in public places act 21 O.S. § 1247. Not all
places that are allowed to have tobacco are allowed to have marijuana;
Allows for State Higher Ed to be designated as tobacco and marijuana free;
This bill also limits the amounts of personal possession a person may have
potentially in conflict with the unity bill; allows for a short term marijuana
license; This bill goes into effect August 24, 2019.
SB 31 LAWFUL AMOUNT OF MARIJUANA TO POSSESS
• SUBJECT: Lawful amount for possession of medical marijuana
• BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
• SECTION 1. AMENDATORY Section 1, State Question No. 788, Initiative Petition No. 412 (63 O.S. Supp. 2018, Section 420), is amended to read as follows:
• Section 420. A. A person in possession of a state issued medical marijuana license shall be able to: • 1. Consume marijuana legally;
• 2. Legally possess up to three (3) ounces (84.9 grams) of marijuana on their person; • 3. Legally possess six (6) mature marijuana plants;
• 4. Legally possess six (6) seedling plants; ENR. S. B. NO. 31 Page 2
• 5. Legally possess one (1) ounce (28.3 grams) of concentrated marijuana;
• 6. Legally possess seventy-two (72) ounces (2037.6 grams) of edible marijuana; and • 7. Legally possess up to eight (8) ounces (226.4 grams) of marijuana in their residence.
• B. Possession of up to one and one-half (1.5) ounces (42.45 grams) of marijuana by persons who can state a medical condition, but not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed Four Hundred Dollars ($400.00).
• N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana license holders or caregivers to exceed the state limits set forth in subsection A of this section.
SB 162 MEDICAL MARIJUANA
• Section 420. A. A person in possession of a state issued medical marijuana license shall be able to: • 1. Consume marijuana legally;
• 2. Legally possess up to three (3) ounces (84.9 grams) of marijuana on their person; • 3. Legally possess six (6) mature marijuana plants;
• 4. Legally possess six (6) seedling plants;
• 5. Legally possess one (1) ounce (28.3 grams) of concentrated marijuana;
• 6. Legally possess seventy-two (72) ounces (2037.6 grams) of edible marijuana; and • 7. Legally possess up to eight (8) ounces (226.4 grams) of marijuana in their residence.
• B. Possession of up to one and one-half (1.5) ounces of (42.45 grams) marijuana by persons who can state a medical condition, but are not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed Four Hundred Dollars ($400.00).
• M.D. or D.O. must be in good standing with their board to prescribe;
SB 868 INDUSTRIAL HEMP PROGRAM
• Amends 2 O.S.§ 3-411 prohibiting the processing of cannabidiol from any source which would be in violation
of the United States Code or the Code of Federal Regulations;
• Amends 63 O.S. 2-101
• Program no longer pilot program;
• State required to file federal paperwork to be in compliance with federal law;
• Title 63 excludes industrial hemp from the definition of marijuana and defines it as having not more than
.3% delta-9
OPIOID PRESCRIBING LIMITS SB 848
• Modifies SB 1446 from 2018 legislative session limiting initial prescriptions of seven
days for opioid drugs; Only applies for prescriptions filled outside of a hospital
setting, does not apply to inpatient;
• OBNDD rule allowed for the prescribing of an opioid via a second seven-day
prescription at the same time as the first with an express “do not fill until” date only
after a major surgical procedure or for a patient with a homebound ailment.
• Adds violations of licensing rules for prescribing outside of limitations of 63 O.S.
§2-309i for all medical boards with prescriber powers;
• Adds required continuing education to each medical board for pain management,
opioid use and addiction in 1-3 hours per CE cycle;
• Pharmacies - Upon receipt of a valid Schedule II opioid prescription issued pursuant
to the provisions of Section 2-309I of Title 63 of the Oklahoma Statutes, a
pharmacist shall fill the prescription to the specified dose, and shall not be
permitted to fill a different dosage than what is prescribed. However, the
pharmacist maintains the right not to fill the valid opioid prescription.
OPEN “CONSTITUTIONAL” CARRY HB 2597
• No prohibition against The proper use of guns and knives for self-defense, hunting, fishing, educational or recreational purposes;
• 6. The carrying of a firearm, concealed or unconcealed, loaded or unloaded, by a person who is twenty-one (21) years of age or older or by a person who is eighteen (18) years of age but not yet twenty-one (21) years of age and the person is a member or veteran of the United States Armed Forces, Reserves or National Guard or was discharged under honorable conditions from the United States Armed Forces, Reserves or National Guard, and the person is otherwise not disqualified from the possession or purchase of a firearm under state or federal law and is not carrying the firearm in furtherance of a crime.
• Except as provided in subsection B of Section 1283 of this title, a person who has been convicted of any one of the following offenses in this state or a violation of the equivalent law of another state:
• a. assault and battery pursuant to the provisions of Section 644 of this title which caused serious physical injury to the victim, • b. aggravated assault and battery pursuant to the provisions of Section 646 of this title,
• c. assault and battery that qualifies as domestic abuse as defined in Section 644 of this title, • d. stalking pursuant to the provisions of Section 1173 of this title,
• e. a violation of an order issued under the Protection from Domestic Abuse Act or a domestic abuse protection order issued by another state, or
• f. a violation relating to illegal drug use or possession under the provisions of the Uniform Controlled Dangerous Substances Act, • shall be prohibited from carrying a firearm under the provisions of this paragraph. Any person who carries a firearm in the
manner provided for in this paragraph shall be prohibited from carrying the firearm into any of the places prohibited in
subsection A of Section 1277 of this title or any other place currently prohibited by law. Nothing in this section shall modify or otherwise change where a person may legally carry a firearm.
CONSTITUTIONAL CARRY HB 2597
• *
still prohibited on university or technology center school property*
• *illegal if you are an illegal alien – misdemeanor with a $250 fine*
• *if you fail or refuse to advise law enforcement you are eligible for a maximum $100 fine.
• *maximum fine for carrying or transporting of firearms whether concealed or unconcealed is
$70.00.
• *officer cannot confiscate the weapon unless the person is under arrest or the officer believes the
weapon is contraband or a firearm used in the commission of a crime.
• This is a pre-emption law – meaning no municipality may exceed what is allowed by the state.
• See also
HB 2286
also amending various firearm statutes,
HB 2010
allows carry of a gun in a zoo or
park owned by a public trust or nonprofit;
HB 1214
permits noncitizen w/permanent residency to
obtain handgun license under the self defense act;
HB1161
allows mental incompetents to seek
removal of this status by court to be able to get a handgun license under self defense act. SB 24
includes pistols and handguns to apply to the new definition under SDA and firearms act.
INSURANCE AND LICENSING BILLS
• HB 1373 – Requires all licensure boards to list criminal charges for which an applicant may be denied a license. Board prohibited from banning felons unless the crime is “substantially related” to the occupation and the person must “pose a reasonable threat to public safety”. Each Board/Agency may charge up to $95.00 for the initial determination. “all good moral character language has been removed.” includes bail bondsman, polygraphers, mortgage lenders, private investigators and security guards; NO AUTOMATIC PROVISION BANNING FELONS CONVICTED OF SEX CRIMES OR
REQUIRED TO REGISTER AS A REGISTERED SEX OFFENDER.
• HB 2468 Oklahoma Gestational Agreement Act – provides for a contractual agreement for surrogate parents;
• SB 1010 Anyone regulated by the insurance commissioner has 20 days to respond instead of 30 days and authorized the Commissioner the power to take action against a licensee
• HB 2632 Patients Rights to Pharmacy Choice Act – insurance companies no longer allowed to require you to use certain pharmacies or pharmacy networks;
• Insurance Commissioner has oversight and entities can be fined up to $10,000.00
• SB 509 Requires insurance companies to make provisions for step therapy treatment programs; required to respond
within 72 hours (step-therapy is a protocol that establishes a specific sequence in which prescription drugs for a specific medical condition that are medically appropriate for a particular patient are covered by a health insurance plan);
MORE “JUSTICE REFORM”
• HB 1269 – COMMUTATION OF CRIMES RECLASSIFIED AS MISDEMEANORS AND EXPUNGEMENT
• Pardon and parole board shall establish an accelerated single stage commutation crimes for anyone convicted of a crime that is now a misdemeanor. If person is being revoked, cant exceed current maximum sentence.
• Allows for Expungement if convicted of “non-violent” felony that is now a misdemeanor; cant be serving a sentence for a crime in this or another state; restitution has been paid in full, treatment programs completed.
• SB 815 – EXPUNGEMENT
• Pardons by the Governor no longer required to have a written finding of actual innocence to be eligible for
expungement; expungement allowed for “non-violent” felony not listed in 57 O.S. §571; no other felony convictions not convicted for separate misdemeanor in the last 7 years; no felony or misdemeanors pending at least 5 years have passed since the completion of their sentence; Can expunge with 2 “non-violent” offenses, neither listed in 21 O.S. § 13.1 or requires the person to be a registered sex offender and at least 10 years have passed since the completion of the felony sentence.
QUIKTRIP QUESTIONED ON ASSERTION THAT CRIME AT
ITS STORES IS UP 300% BECAUSE OF SQ780
BY BARBARA HOBEROCK TULSA WORLD
• A company official on Tuesday told the Criminal Justice Reclassification Coordination Council that QuikTrip has seen an uptick in thefts from its Oklahoma stores since a state question increased the dollar amount that constitutes a felony. Tulsa World file Tom Gilbert
• OKLAHOMA CITY — Following the passage of a criminal justice reform state question, property crimes in Oklahoma became worse compared to other states in which QuikTrip operates, the company’s manager of public and government affairs said. QuikTrip’s Mike Thornbrugh spoke Tuesday to the Criminal Justice Reclassification Coordination Council, which is pondering recommendations to changes to criminal justice laws.A member of the council challenged
Thornbrugh’s assertion that the state question had affected crime at the company. QuikTrip is a privately held corporation based in Tulsa with 811 stores in 11 states, including 79 in Oklahoma, Thornbrugh said. It has been in
business for 61 years and has more than 23,000 employees. Passed by voters in 2016, State Question 780 downgraded several nonviolent offenses from felonies to misdemeanors and reduced their associated sentences. It also increased the property value to $1,000 from $500 for a felony offense. “The property crimes last year have increased over 300%,”
Thornbrugh said. “And the lost inventory in Oklahoma is four times higher than anywhere else that we operate.”He said the root of the problem is the increase for the dollar amount constituting a felony.“The biggest item dollar-wise at
QuikTrip is probably a carton of cigarettes, which is around $60,” Thornbrugh said. “So what we are experiencing, it takes 15, 20, 25 times for an individual to steal before (prosecutors) can even consider filing a felony.” QuikTrip has increased
QUICKTRIP – CRIME IS UP 300% SINCE 780
• security and put locks on cabinets and drawers behind checkout stands and on cooler doors for some items, he said. But now criminals are breaking off the locks. “We are here to ask you today as you go through deliberations, please understand not
everything fits every size,” Thornbrugh said. “We are concerned about the habitual career criminal. That is how they make their livelihood. We are not going after somebody that comes in and steals a donut because they are hungry.”Oklahoma County Public Defender Bob Ravitz questioned Thornbrugh on his claims. “You mentioned that you were in numerous states,” Ravitz said.
“Every one of those states you are in have a higher felony limit than the $1,000 felony limit that Oklahoma has. How come we have the problem that you are enunciating that other states don’t have?” “Bob, I wish I could give you that answer,” Thornbrugh said. “All I can do is to tell you the statistics we have and what we deal with day in and day out in those various states. I am not trying to avoid your question. I don’t know. We would like to know the answer to that, too.”Ravitz said he didn’t understand Thornbrugh’s statement that the increases came after the implementation of State Question 780.Noting that nearly all of the items sold in QuikTrip cost less than $500, Ravitz maintained that raising the limit to $1,000 would not have had any effect. QuikTrip may have seen a huge increase in crime and thefts, but it would have happened regardless of increasing the felony threshold to $1,000, Ravitz said.Thornbrugh said there has always been theft but that the company is now seeing the same people stealing over and over again. “My point to you is a lot of these people who are habitual (offenders), they don’t care,” Thornbrugh said, adding that the thieves think nothing will happen to them. Thornbrugh said those who steal are reselling the products.When contacted by the Tulsa World, the leader of the group that pushed for State Question 780 also dismissed
Thornbrugh’s statements.“ According to the data, the property crime rate in Oklahoma is at the level it was in 2016,” said Kris Steele, executive director of Oklahomans for Criminal Justice Reform. “Property crimes tend to fluctuate year to year. The
larceny rate actually decreased in 2017 following the implementation of State Question 780 reforms but rose slightly in 2018 to 2016 levels. There is no correlation between crime rates and felony thresholds, including states that have higher thresholds than Oklahoma.” Last session, lawmakers passed and Gov. Kevin Stitt signed House Bill 1269, which takes effect Nov. 1 to make State Question 780 retroactive.
HB 1102 OKLAHOMA CRIME VICTIMS ACT
• District Attorneys required to notify victims and witnesses of crimes of 1. the right to be present at all proceedings and to be heard in any proceeding involving release, plea, sentencing, disposition, parole or other hearing where the right of the victim is implicated and required to notify them if court proceeding will not be going forward; 2. to be treated with fairness and respect, receive protection from threats of harm from testifying and upon request to be notified of any release or escape of an accused; 3. to be informed of social services and financial assistance available; 4. to be returned property stolen expeditiously by law enforcement; 5. to be informed of any plea bargain negotiations and upon request to confer with the attorney for the state;
• Requires law enforcement officers to provide written copy of ALL constitutional and statutory rights; If they can’t
understand their rights, must be provided within 24 hours after initial contact. Attorney General to prepare and post a sample notification card listing victims rights on the website of the attorney general.
• Allowing crime victims to refuse interviews unless subpoenaed by defense counsel; • And any other right enumerated in Section 34 of Article II of the Oklahoma Constitution
• "Crime victim" or "victim" means any person against whom a crime or delinquent act was committed or a person
directly and proximately harmed by the commission of a crime or delinquent act, except homicide whereby a person is a surviving family member but not a minor or mentally incapacitated individual or the court finds the person would not act in the best interest of the individual.
• Victim, attorney for victim or lawful representative or attorney for the state may assert in any trial or appellate court rights afforded by the victim in a manner no less vigorous than the rights afforded the accused.
CREDIT CARD FRAUD AND SKIMMERS HB 2380
Makes it a felony to possess or use a scanning or skimming device to access, read, obtain, memorize or store information on a credit or debit card without the permission of the owner and with intent to defraud.
AMENDATORY 21 O.S. 2011, Section 1550.21, is amended to read as follows: (new definitions)
6. "Reencoder" means an electronic device that places encoded information from the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card;
8. "Scanning device" means a scanner, reader or any other electronic device that may be used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card or from another device that directly reads the information from a credit card or debit card; and
9. "Skimming device" means a self-contained device that:
• a. is designed to read and store in the internal memory of the device information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card or from another device that directly reads the information from a credit card or debit card, and
• is incapable of processing the credit card or debit card information for the purpose of obtaining, purchasing or receiving goods, services, money or anything else of value from a person or organization.
HB 2380 PART 2 NEW LAW – CREDIT CARD SKIMMERS
A. Every person who:
1. Uses a scanning device or skimming device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card without the permission of the authorized user of the credit card or debit card and with the intent to defraud the authorized user or the issuer of the credit card or debit card or a person or
organization providing money, goods, services or anything else of value;
2. Uses a reencoder to place information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card without the permission of the authorized user of the credit card or debit card from which the information is being reencoded and with the intent to defraud the authorized user or the issuer of the credit card or debit card or a person or organization providing money, goods, services or anything else of value; or
3. Possesses with the intent to sell, deliver or use a skimming device, is, upon conviction, guilty of an offense and is subject to the penalties set forth in subsection B of Section 1550.33 of Title 21 of the Oklahoma Statutes.
B. The provisions of paragraph 3 of subsection A of this section shall not apply to the following individuals while acting within the scope of their official duties:
1. An employee, officer or agent of:
a. a law enforcement agency or criminal prosecuting authority for the state or federal government, b. the state court system or federal court system, or
c. an executive branch agency in this state; or ENR. H. B. NO. 2380 Page 4
2. A financial or retail security investigator employed by a person or organization providing money, goods, services or anything else of value. SECTION 3. This act shall become effective November 1, 2019.
DUMPING AND DUMPING OF ANIMAL CARCASSES
HB 1110 -
amends 21 O.S. 1205 for illegal dumping – dumping within 100 years of an occupied dwelling of
another is unlawful, fines raised to $200-$500; Section 1761.1 A. Any person who deliberately places, throws,
drops, dumps, deposits, or discards any garbage, trash, waste, rubbish, refuse, debris, or other deleterious
substance on any public property or, on any private property of another without consent of the property owner
or on his or her own private property in violation of any county or state zoning or public health regulations shall,
upon conviction, be deemed guilty of a misdemeanor. $500 to $5000 and/or 30 days. If issued by county peace
officer, ½ of fine goes to reward fund created at 22 O.S. § 1334 and ½ to the sheriff’s service fund.
HB 2178
– amends 21 O.S. 2011, Section 1223, is amended to be unlawful to leave a carcass of any animal,
chicken or fowl in any well spring pond or stream of water or within ¼ of a mile of any occupied dwelling or any
public highway without burying them: (removes the requirement that the animal be diseased) any owner of a
domestic animal has a duty to dispose of any carcass within 24 hours after notice of the death. Disposal to be
conducted in accordance with the Oklahoma Department of Agriculture, Food and Forestry. Also unlawful to
bury carcass in any land along a stream or ravine where it may become exposed. Makes it a misdemeanor.
Repeals 7 other sections of this law. Section 1221-1228 mostly incorporated into the new language repealing
duty to dispose of animals dying of contagious disease, unclean slaughterhouses, transport or sale of infected
swine and infected or diseased domestic animals.
NEW REQUIREMENT FOR EYEWITNESS IDENTIFICATION(PHOTO LINE-UPS) SB798
Eyewitness identification procedure
Creates new law at 22 O. S. § 18 requires that agencies conduct eyewitness identification procedures adopt a comprehensive policy that requires: 1. "Blind administration" means the lack of knowledge of the administrator of an eyewitness identification procedure as to the identity of the suspect; 2. "Blinded administration" means the administrator of an eyewitness identification procedure may know the identity of the suspect but not the position in which the suspect is placed in the photo array when it is viewed by the eyewitness;
3. "Eyewitness" means a person who observed another person at or near the scene of an offense;
4. "Filler" means either a person or a photograph of a person included in an identification procedure who is not suspected of the offense in question; 5. "Folder shuffle method" means a blinded procedure in which:
a. the suspect photo and filler photos are each placed in separate folders for a total of six photographs and then shuffled, b. four blank folders are placed behind the six folders that contain photographs, and
c. each folder is then presented to an eyewitness such that the administrator cannot see which photos are being presented to the eyewitness until after the procedure is completed;
6. "Live lineup" means an eyewitness identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons who are not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator;
7. "Photo array" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons who are not suspected of the offense, is displayed to an eyewitness either in hard copy form or via electronic means for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator; and
8. "Show-up" means an identification procedure in which an eyewitness is presented with a single suspect in person for the purpose of determining whether the eyewitness identifies the individual as the perpetrator.
SB 798 EYEWITNESS IDENTIFICATION (PHOTO AND LINE-UPS)
B. All law enforcement agencies in this state that conduct eyewitness identification procedures shall adopt a detailed, written policy that shall include, but not be limited to, the following requirements:
1. All photo arrays and live lineups shall be conducted using a blind administrator or a technique of blinded administration, such as the folder shuffle method;
2. The eyewitness shall be informed before the identification procedure that the person who committed the offense may or may not be present in the procedure;
3. Fillers shall be selected who match the description of the perpetrator provided by the eyewitness and do not make the suspect noticeably stand out;
4. After the eyewitness makes an identification, the eyewitness shall be asked to state in his or her own words the level of certainty in the selection, and the statement shall be documented;
5. A protocol guiding the use of show-ups procedures, including that show-ups should only be used when a suspect is detained within a reasonably short time frame following the offense; and
6. A protocol for documenting eyewitness identification procedures. SECTION 2. This act shall become effective November 1, 2019.
WOMEN ASK SUPREME COURT TO TOSS TOPLESS BAN: WHY ARE RULES
DIFFERENT FOR MEN?
THEIR RALLYING CRY IS "FREE THE NIPPLE," A GLOBAL MOTTO FOR FEMALES SEEKING EQUAL TREATMENT.
Aug. 19, 2019, 6:13 PM CDT / Updated Aug. 19, 2019, 6:29 PM CDT By Pete Williams
WASHINGTON — Three New Hampshire women are asking the Supreme Court to declare that a city ordinance banning women from appearing topless in public violates the Constitution by treating men and women differently.
Their rallying cry is "Free the Nipple," a global motto for women seeking equal treatment.
The case began in 2016 when Ginger Pierro did her yoga exercises topless at a lakeside beach in Laconia and was arrested for violating a city ordinance banning public nudity, including "the showing of the female breast with less than a fully opaque covering any part of the nipple." Three days later two other women, Heidi Lilley and Kia Sinclair, went to the same beach and went topless to protest the arrest. They, too, were charged with violating the nudity law.
All three challenged their convictions but lost in the New Hampshire courts. Now they're asking the Supreme Court to hear their appeal when the court's new term begins in October.
They say topless bans are discriminatory because men can appear in public without their shirts. The bans also further the "sexualized objectification of women," according to their Supreme Court legal brief.
The New Hampshire Supreme Court rejected their challenge, acknowledging that the law treats men and women differently.
CUSTODIAL INTERROGATIONS DNA COLLECTIONS
•
SB 636
New Law 22 O.S. § 22 requires that law enforcement agencies in conjunction with the county or
district attorney adopt written policies requiring that custodial interrogations of homicide or felony sex
crimes suspects to be electronically recorded. Policy must require that the entire interrogation be recorded,
that the making and signing of any statement be recorded and a retention and storage policy. * Policy must
be available to all officers of the agency and be available for public inspection.*
•
SB184
– 22 O.S. § 210 - all persons arrested for a felony will have DNA collected by a trained medical
personnel, law enforcement, tribal police or employees or medical contractors of those agencies. Not
exempt if you already have DNA on file. Facilities that use Rapid DNA technology are permitted to use it for
matching but must discard it after the test is included. May be part of the plea agreement to test. A person
in charge of the custody and dissemination of DNA samples and profiles who improperly divulges or
discloses the information is guilty of a misdemeanor.
•
SB 236
– 22 O.S. § 751 - provide that lab reports from FBI or DEA are admissible at hearing prior to trial or at
forfeiture hearings.
ELECTRONIC PRESCRIBING HB 2931 (2018)
SCHOOL PERSONNEL ADMINISTER NARCON SB 85
•
Amends 63 O.S. 2-309
to require the use of electronic prescriptions for all Schedule I, II, III
and IV drugs after the effective date. Some exceptions after the effective date, a Schedule
III, IV or V cannot be filled or refilled more than six months after the date of the
prescription or e refilled more than five times after the date of the prescription unless
renewed by the practitioner.
•
SB 85
amends 63 O.S. 1-2506.1 to define “certified alcohol and drug counselor”, “licensed
alcohol and drug counselor”, and “medical personnel at schools”., New Law under schools
70 O.S. § 1210.242 – to permit schools to designate personnel to administer opiate
antagonists in the event of a suspected overdose and provides immunity from liability for
the administration of the opiate antagonist.
SB 711 CRIMINAL STREET GANG SB 752 HARASSING EMPLOYERS
•
SB 711
– adds to the definition of criminal street gang someone that:
• 16. Soliciting, inducing or enticing another to commit an act of prostitution, as defined by Section 1030 of
this title;
• 17. Human trafficking, as defined by Section 748 of this title; or
• 18. Possession of a firearm after former conviction of a felony, as defined by Section 1283 of this title.
• Persons convicted of child prostitution or human trafficking for commercial sex must register as a sex
offender.
•
SB 752 -
Harrassing a business from employing someone or attempting to interrupt or disrupt the carring
on of business is guilty of a misdemeanor. Adds electronic communication by text, sound or images with
intent to terrify intimidate harass etc. to any person or property of that person, conversation not required.
21 O. S. § 1172.
HB 1393 DOC INVESTIGATIONS DIVISION
SUBJECT: Investigations Division of the Department of Corrections BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2011, Section 508.4, as amended by Section 1, Chapter 372, O.S.L. 2016 (57 O.S. Supp. 2018, Section 508.4), is amended to read as follows:
Section 508.4 A. There is hereby created the Investigations Division within the Department of Corrections. The purpose of the Division shall be to investigate allegations of criminal acts by inmates, offenders or employees of the Department, as well as to investigate allegations of constitutional or policy violations.
B. The Director of the Department of Corrections shall employ the proper personnel and adopt the necessary procedures to carry out the duties of the Investigations Division and shall appoint a Director of the Division who shall administer the activities of the Division.
C. The Investigations Division of the Department of Corrections shall have the jurisdiction and authority to investigate all allegations of criminal behavior at any facility owned or operated by the Department, or any private prison facility or other facility with which the Department contracts to house inmates from the State of Oklahoma.
D. The Investigations Division shall have jurisdiction and authority to investigate any escape committed by prisoners under the custody and control of the Department of Corrections. If it is determined that a prisoner has escaped the custody of the Department, in violation of Section 443 of Title 21 of the Oklahoma Statutes, the Department is authorized to issue a warrant for the arrest of the escapee and the warrant shall have the force and effect of any warrant of arrest issued by a district court in the state. Nothing in this section shall affect the authority of a district attorney to issue an arrest warrant for the escapee.
E. All officers, investigators, agents and immediate supervisory staff of listed positions assigned to the Investigations Division shall be deemed peace officers and shall possess the powers granted by law to peace officers. Officers, investigators, agents and supervisory staff of the
Investigations Division shall meet all of the training and qualifications for peace officers required by Section 3311 of Title 70 of the Oklahoma Statutes.
