2006 OKLAHOMA SESSION LAWS

by

Terry Hull

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TITLE 5

5 O.S. '5 B Amends attorney statute to delete the previous mandate that any attorney performing any service for remuneration and which would have a bearing on direction/outcome of case, and regardless of temporary or continuous nature of appearance or other service rendered, shall be made attorney of record. [Laws 2006, Ch.30, '1, effective 04/11/2006.]

TITLE 10

10 O.S. '7115 B Amends Child Abuse statute to provide that Anotwithstanding any other provision of law@, any person convicted of forcible anal or oral sodomy/rape/rape by instrumentation/lewd molestation of a child under 14 years of age, where they have been previously convicted of any of these offenses, Ashall be punished by death or imprisonment for life without parole.@ [Laws 2006, Ch. 326, '1, effective 07/01/2006.]

10 O.S. '7306-2.2 B Amends Youthful Offender Act to delete persons aged 15 to 17 who are charged with Murder I from YOA provisions. When it comes to Murder I, only those aged 13 or 14 years may be certified as Youthful Offenders. Those aged 15 to 17 years who are charged with Murder I Ashall be held accountable as if ... an adult and shall not be subject to the provisions of A either YOA or certification as a juvenile under the Juvenile Code. Such minors will have all statutory rights and protections of adults and all proceedings shall be as per title 22 in adults prosecutions. AA person having been convicted as an adult pursuant to this paragraph shall be tried as an adult for every subsequent offense.@ [Laws 2006, Ch. 285, ''1 and 2, effective 06/07/2006.]

10 O.S. '7306-2.10a B NEW LAW requiring that the Judgment and Sentence Aclearly identify@ the defendant as a youthful offender, or a previous youthful offender, and detail the history of the applications of the Youthful Offender Act to the defendant that resulted in the current commitment to DOC, whenever defendant is, or has been, certified as YO and eligible for adult sentence, or certified as YO and being bridged/transferred to DOC, or is sentenced as an adult after previously having been certified as YO. [Laws 2006, Ch. ___, '1, effective 05/10/2006.]

TITLE 11

11 O.S. '14-111 B Amends municipal court penalty statute (as part of the Prevention of Youth Access to Alcohol Act) to allow municipal courts of record to enact ordinances prescribing fines or deferral fees of up to $1,250 plus costs and/or imprisonment up to 6 months for Aalcohol-related or drug-related traffic offenses@. Courts shall remit $50 of all such fines or deferral fees to a municipal fund to defray costs of enforcing laws relating to juvenile access to alcohol/ intoxicating substances.

Municipal courts not of record may enact ordinances prescribing fines or deferral fees of up to $800 for Aalcohol-related or drug-related offenses@. Courts shall remit $50 of all such fines or deferral fees to municipal fund to defray costs of enforcing laws relating to juvenile access to alcohol/intoxicating substances. [Laws 2006, Ch. 61, '2, effective 04/17/06 or 07/01/06??.]

11 O.S. '22-110 B Amends Municipal regulatory statute to specifically prohibit municipalities from enacting any regulation, order, ordinance, resolution or other legislation prohibiting the transportation of fireworks in their unopened original packaging in a motor vehicle within the city limits. Declares all such attempts to be void an unenforceable. [Laws 2006, Ch. 306, '1, effective 07/01/2006.]

11 O.S. '27-119 and '28-102 B Amends municipal statutes to provide for right to jury trial in all municipal prosecutions when city attorney, with concurrence of court, seeks imposition of imprisonment and/or imposition of a fine of $500 or more (assuming the municipality has compiled its ordinances as provided by law). Amends municipal statues to provide for right to jury trial in municipal courts of record when the ordinance provides for imprisonment and/or a fine of more than $500. [Laws 2006, Ch. 38, ''1 and 2, effective 11/01/2006.]

11 O.S. '28-102 B Amends municipal penalty statute (as part of the Prevention of Youth Access to Alcohol Act) to limit maximum fine/deferral fee in municipal courts of record for Amunicipal traffic ordinances not including ... driving a motor vehicle under the influence of alcohol or drugs@ to $1,250. If a fine Aexceeding@ $750 is imposed for Aan alcohol-related or drug-related traffic offense@, the amount in excess of $750 shall be used to defray costs for enforcing laws relating to juvenile access to alcohol/intoxicating substances Aand traffic-related offenses@ involving alcohol/intoxicating substances. Language conflicts with the amendment to 11 O.S. '14-111 noted above? [Laws 2006, Ch. 61, '4, effective 04/17/06 or 07/01/06??.]

TITLE 15

15 O.S. '776.1 B Amends Unlawful Electronic Mail Messages statute to add the following offenses: falsely representing an electronic message is being sent by legitimate online business; referring or linking the message recipient to a web page that represents it is associated with a legitimate online business with the intent to engage in conduct involving fraudulent use or possession of identifying information; directly/indirectly inducing, requesting or soliciting message recipient to provide identifying information for a purpose the recipient believes is legitimate (huh?). [Laws 2006, Ch. 56, '1, effective 11/01/2006.]

15 O.S. '776.4 B Amends Unlawful Electronic Mail Messages statute to define Aidentifying information@ as Aincluding but not limited to name, social security number, date of birth, and government-issued identification number ... unique biometric data, including the fingerprint, voice print, and retina or iris image of an individual ... unique electronic identification number, address, and routing code, financial institution number ... telecommunication identifying information or access device ...@ Also defines Aweb page@ as a Alocation that has a single uniform resource locator (URL) with respect to the world wide web or another location that can be accessed in the Internet@. [Laws 2006, Ch. 56, '2, effective 11/01/2006.]

15 O.S. '776.8, '776.9, '776.10, '776.11 and '776.12 B NEW LAW (Anti-Phishing Act) providing for civil remedies. Terms defined. Violations defined. Provisions for civil actions against violators, including injunctions, damages, punitives and attorney fees. Specifies the Act shall not apply to good faith transmission/routing/intermediate temporary storing or caching of identifying information by telecommunications or internet service providers. [Laws 2006, Ch. 56, ''3-7, effective 11/01/2006.]

TITLE 19

19 O.S. '513.2 B NEW LAW specifying that Aevery reference@ in statute or rule to any duty or responsibility imposed upon a sheriff or any jailer to operate/manage/provide services to anyone in their custody is imposed upon any public trust, private owner or private management entity who by contract or otherwise legally operates or manages a jail facility, holding facility or detention facility. It shall be unlawful to fail to do so (no penalty provisions noted) and all contracting entities shall include this required compliance in the contracts. Specifies these duties do not confer peace-officer status or power to any public trust, private owner or private management entity. [Laws 2006, Ch. 217, effective 05/26/2006.]

TITLE 21

21 O.S. '443 B Amends Escape statute to now include anyone in county or city jail or juvenile detention facility who is Aany other prisoner having been lawfully detained@. [Laws 2006, Ch. 161, '1, effective 11/01/2006.]

21 O.S. '644 B Amends A&B Domestic Abuse statute to delete the previous provisions allowing for court-approved treatment practitioners or domestic abuse counseling programs. Now, only Attorney General-approved practitioners/programs may be used for mandatory counseling/treatment sentencing provisions. [Laws 2006, Ch. 284,, '1, effective 06/07/2006.]

21 O.S. '645 B Amends A&B w/Intent to Do Bodily Harm/Injure statute to add Aconductive energy weapon@ as one of the eligible weapons. [Laws 2006, Ch. 62, '1. effective 04/17/2006.]

21 O.S. '691 B Amends Homicide Definition statute to include Aunborn child@ as a Ahuman being@. Provides that homicide shall not include the death of an unborn child if acts were committed during a legal abortion to which the woman consented, and shall not include acts committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. Provides that Aunder no circumstances@ shall mother of unborn child be prosecuted for a homicide unless she has committed a crime that caused the death of the unborn child. [Law 2006, Ch. 185, '1, effective 11/01/2006.]

21 O.S. '701.1 B Amends Felony Murder I statute (Dragus-Whetsel Law) B now includes death during or resulting from Aeluding an officer@. [Laws 2006, Ch. 186, '2, effective 07/01/2006.]

21 O.S. '701.10b B NEW LAW (Mental Retardation Law). Sets out substantive and procedural law of Amental retardation@ for purposes of criminal prosecution. Terms defined. Prohibits any defendant who is mentally retarded from being sentenced to death so long as onset of retardation was manifested before 18 years of age. Burden of proof and persuasion is on defendant, and extensive required showings are set out. Procedural requirements and timing set out. Jury process and findings set out. Standard of review set out (whether, after reviewing evidence in light most favorable to State, any rational trier of fact could have found defendant was not mentally retarded as defined by the new Law=s provisions, and giving full deference to findings of the trier of fact). [Laws 2006, Ch. 290, '1, effective 06/07/2006.]

21 O.S. '715 B Amends Manslaughter I statute to delete requirement that offender be imprisoned in State Penitentiary and instead provide that offender be imprisoned in the Acustody of DOC@. [Laws 2006, Ch. 185, '2, effective 11/01/2006.]

21 O.S. '839.1A B NEW LAW creating the offense of using in any way for advertising or sales or patronage or solicitation the name, portrait or picture of any U.S. Armed Forces service member without having obtained the consent of that person; or without having obtained consent of surviving spouse, personal representatives or majority of adult heirs of a deceased service member. Applies to both active duty and former members of U.S. Armed Forces. A misdemeanor carrying up to 1 year in county jail and/or up to $1,000 fine. [Laws 2006, Ch. 69, '1, effective 11/01/2006.]

21 O.S. '842.1 B Amends Tattooing/Body Piercing statute to prohibit any person under 18 years of age from receiving a tattoo. Prevents anyone under 18 years of age from receiving body piercing unless parent/legal guardian gives written consent and is present during procedure. No one may purchase/possess tattoo equipment or supplies without being licensed either as an Oklahoma medical micropigmentologist or an Oklahoma tattoo artist. Prohibits tattooing a person impaired by drugs/alcohol and states such person is incapable of consenting or understanding procedures and aftercare suggestions. Defines Atattooing@, Abody piercing operator@, Atattoo operator@, Aartist@, Aapprentice@. States the tattooing statutes shall not apply to any act of a licensed practitioner of the healing arts performed in the course of such practice. (??) [Laws 2006, Ch. 141, '1, effective 11/01/2006.]

21 O.S. '842.2 B Amends Tattooing/Body Piercing statute to raise the misdemeanor offense fine range to up to $5,000. [Laws 2006, Ch. 141, '2, effective 11/01/2006.]

21 O.S. '842.3 B Amends the Tattooing/Body Piercing statute to prohibit body piercing or tattooing unless the operator/artist is licensed by DOH. DOH to promulgate rules, require surety bonds, grant licenses, etc., notify DA of offenses/offenders, impose administrative penalties of up to $5,000 per violation per day, etc. [Laws 2006, Ch. 141, '3, effective 11/01/2006.]

21 O.S. '843.4 B NEW LAW (Exploitation of Elderly Person or Disabled Adult Act.) Definitions of crime provided, Aelderly person@ defined as one 62 year of age or older. Where funds/assets/property involved in the exploitation are valued at $100,000 or more, a felony carrying up to 15 years and/or a fine of up to $10,000. Where funds/assets/property involved in the exploitation are valued at less than $100,000, a felony carrying up to 10 years and/or a fine of up to $10,00. [Laws 2006, Ch. 215, '1, effective 05/26/2006 or 07/01/2006??.]

21 O.S. '888 B Amends Forcible Sodomy statute to add a new species thereof B Asodomy committed upon a person who is at least 16 years of age but less than 20 years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is 18 years of age or older and is employed by the same school system.@ [Laws 2006, Ch. 62, '4, effective 04/17/2006.]

21 O.S. '1040.13a B Amends Cyber-Predator statute (Safe-Net Act) B now includes facilitating, encouraging, offering or soliciting sexual conduct with a minor or anyone believed to be a minor, by use of any technology; or to engage in any communication for sexual or prurient interest with any minor or a person believed to be a minor by use of any technology. Defines Aby use of any technology@ very broadly. Specifies other ways in which violations occur. Participation of undercover operative or law enforcement officer is no defense. Specifies jurisdictional qualifications. A felony carrying up to 10 years and/or a fine of up to $10,000, with each communication constituting a separate offense. [Laws 2006, Ch. 183, '2, effective 05/22/2006.]

21 O.S. '1040.55 B NEW LAW creating the misdemeanor offense of permitting a billboard or other exterior advertising sign for adult cabaret or sexually-oriented business to be located within 1 mile of a state highway. Provides definitions. Provides exemptions and grandfathering clause. No specific penalty provisions provided. [Laws 2006, Ch. 321, '1, effective 11/01/2006.]

21 O.S. '1040.75 B Amends Activities Harmful to Minors statute by broadening definitions to include any description/exhibition/presentation/representation, in whatever form, of Ainappropriate violence@. Many other provisions broadening the categories that fall into activities or depictions that are Aharmful to minors@. [Laws 2006, Ch. 321, '2, effective 11/01/2006.]

21 O.S. '1111 B Amends Rape statute to raise the victim=s age range where offense is committed in the context of school systems B Awhere the victim is at least 16 years of age and is less than 20 years of age ...@ [Laws 2006, Ch. 62, '5, effective 04/17/2006.]

21 O.S. '1123 B Amends Lewd Molestation/Indecent Proposal statute to increase minimum punishment from 1 year to 3 years. Amends Sexual Battery statute to increase maximum punishment from 5 years to 10 years. [Laws 2006, Ch. 284, '2, effective 06/07/2006.]

21 O.S. '1125 B Amends Sex Offender Registration statute to include high schools and parks in the zone of safety from which convicted and registered offenders are prohibited. Prohibited offenders also now include those convicted in any other jurisdiction of an offense or attempted offense which would require registration under Oklahoma law. Crime is raised from a misdemeanor to a felony. Penalty is a fine of up to $2,500 and/or imprisonment in county jail for up to 1 year. Second/subsequent conviction penalties are a fine of up to $2,500 and/or DOC custody for minimum of 3 years. Additional category of persons exempt from the zone of safety prohibitions are custodial parents or legal guardians of children participating in school-sanctioned or child-care-facility-sanctioned activity IF the parent/guardian is accompanied by a person at least 21 years of age who has no prior felony conviction for a registration-eligible offense; however, this exemption doesn=t modify or remove any restrictions applied by court order, probation conditions or any other provision of law. [Laws 2006, Ch. 284, '3, effective 06/07/2006.]

21 O.S. '1215 B Amends Minor in Possession statute (as part of the Prevention of Youth Access to Alcohol Act) to add prohibition against possessing Aany low-point beer as defined by Section 163.2 of Title 37 ...@ [Laws 2006, Ch. 61, '5, effective 04/17/06 or 07/01/06??.]

21 O.S. '1220 B Amends TOC statute to delete punishment provision and specify that range of punishment will now be controlled by 37 O.S. '566. [Laws 2006, Ch. 16, '1, effective 03/29/2006.]

21 O.S. '1287 B Amends Use of Firearm While Committing Felony statute to add Aconductive energy weapon@ as one of the eligible offensive weapons. [Laws 2006, Ch. 62, '2, effective 04/17/2006.]

21 O.S. '1321.4 B Amends Martial Law statute to remove the Governor=s power to prohibit possession of firearms or other deadly weapons by anyone during the proclaimed state of emergency. [Laws 2006, Ch. 70, '1, effective 04/20/2006.]

21 O.S. '1380 B NEW LAW (Oklahoma Funeral Picketing Act). Makes it unlawful to Apicket@ within 500 feet of any cemetery, church or mortuary during the period from 1 hour before scheduled commencement of funeral services until 1 hour after the actual completion of funeral services. Defines Apicketing@ and Afuneral@. A misdemeanor carrying up to 30 days in county jail and/or up to $500 fine. Also provides for injunction in district court and award of damages, punitives, attorney fees and other appropriate relief. [Laws 2006, Ch. 4, '1, effective 03/03/2006.]

A subsequent amendment adds Aor other place where any portion of a funeral service is held@ to the areas protected by the Act. [Laws 2006, Ch. 244, '1, effective 06/06/2006.]

21 O.S. '1680.3 B NEW LAW requiring any veterinarian who reasonably suspects and believes an animal has been abused to report suspected abuse to local law enforcement in the county of the vet=s practice within 24 hours after examination/treatment of the animal. Vet shall report description of animal and name/address of owner. A vet who reports in good faith according to this statute shall be immune from civil liability for such reports. [Laws 2006, Ch. 188, '1, effective 11/01/2006.]

21 O.S. '1680.4 B NEW LAW providing for removal of abused/neglected animal from present custody, issuance of court order to provide care for animal, forfeiture of animal to the agency taking custody of it, provisions for owners to pay bond for care/maintenance while in agency=s custody to avoid forfeiture, and provision for euthanasia of seized animal if licensed veterinarian determines necessary. [Laws 2006, Ch. 188, '2, effective 11/01/2006.]

21 O.S. '1685 B Amends Abused/Neglected Animal statute to include failure to provide veterinary care or prevent suffering as a felony offense. [Laws 2006, Ch. 188, '3, effective 11/01/2006.]

21 O.S. '1686 B Amends Animal Abandonment statute to delete authority of any ASPCA agency to take custody of or to humanely destroy an abandoned animal; only peace officers or animal control officers may do it now. Definition of Aabandon@ changed to delete the previous requirement that the abandoner have Ano intention to retain possession@; now defined merely as Avoluntary relinquishment@ of the animal (includes examples thereof). [Laws 2006, Ch. 188, '4, effective 11/01/2006.]

21 O.S. '1742.1 B NEW LAW defining terms used in a new Telephone Records Act. [Laws 2006, Ch. 147, '1, effective 11/01/2006.]

21 O.S. '1742.2 B NEW LAW (Telephone Records Act). Prohibits procuring, soliciting, conspiring, selling, receiving or attempting any of the former to obtain telephone records of any Oklahoma resident without authorization of the resident customer, or by fraudulent/deceptive means even with the authorization of the resident customer. A felony carrying up to 5 or 10 or 20 years depending on how many telephone records are involved. Provides for additional forfeiture of all personal property used or intended to be used to commit the offense. Mandates restitution for all financial loss sustained either by the customer or any other person as a direct result of the offense. Provides for venue of offense. Provides for each violation to be a separate criminal offense. Contains double jeopardy provision. Specifies that a criminal offense under this law does not occur when a person is acting pursuant to a valid court order, warrant, or subpoena. [Laws 2006, Ch. 147, '2, effective 11/01/2006.]

21 O.S. '1742.3 B NEW LAW (Telephone Records Act.) Sets out instances in which the Act does not apply (official law enforcement duties, telephone companies activities otherwise authorized by law or the customer=s consent, governmental entities in course of responding to emergencies, National Center for Missing and Exploited Children, etc.). [Laws 2006, Ch. 147, '3, effective 11/01/2006.]

21 O.S. '1742.4 B NEW LAW (Telephone Records Act.) Places duties on telephone companies to establish reasonable procedures to protect against unauthorized/fraudulent disclosure of telephone records, cop-out provision if telephone company makes good faith effort to comply with provisions of federal Customer Proprietary Network Information Act and FCC regulations. [Laws 2006, Ch. 147, '4, effective 11/01/2006.]

TITLE 22

22 O.S. '60.2 B Amends VPO statute to allow assessment of attorney fees and court costs against VPO plaintiffs who do not provide respondents a copy of the criminal complaint on a stalking allegation (a separate criminal complaint must be filed before a VPO is sought where a petitioner alleges stalking against a respondent who is not a family/household member or individual in a dating relationship with petitioner) at the time of the full hearing on the VPO when the criminal complaint is not available from law enforcement agency to whom reported. Failure to so provide a copy Ashall@ constitute a frivolous VPO filing leading to assessments of fees/ costs pursuant to provisions of this section. [Laws 2006, Ch. 302, '1, effective 11/01/2006.]

22 O.S. '60.4 B Amends VPO statute to provides that if service on defendant has not been made by the time of hearing, the court shall issue a new emergency order with new hearing date directing new service to issue if petitioner requests this to be done. Provides that while awaiting service, petition for VPO shall renew every 20 days with a new hearing date assigned until defendant is served if petitioner requests this to be done. Provides petition for VPO shall not expire unless petitioner fails to appear at the hearing or fails to request a new order. Provides petitioner may move to dismiss the petition and the emergency or final order at any time, but a protective order must be dismissed by court order. Provides that failure to serve defendant shall not be grounds for dismissal unless petitioner either requests dismissal or fails to appear at hearing. [Laws 2006, Ch. 34, '1, effective 11/01/2006.]

22 O.S. '60.6 B Amends Violation of VPO statute to increase a second or subsequent conviction to a felony punishable by 1 to 3 years in DOC custody and/or a fine of $2,000 to $10,000. [Laws 2006, Ch. 284, '4, effective 06/07/2006.]

22 O.S. '60.9 B Amends Violation of VPO Warrantless Arrest statute to require (rather than allow) a warrantless arrest if subsection B conditions are met. [Laws 2006, Ch. 284, '5, effective 06/07/2006.]

22 O.S. '114