agencies.
The Office of the Attorney General may levy and collect a reasonable fee from the Department of Consumer Credit, the Office of Management and Enterprise Services, the Teachers' Retirement System of Oklahoma, the Oklahoma Public Employees Retirement System, the Oklahoma Development Finance Authority, the Oklahoma Industrial Finance Authority, the Oklahoma Student Loan Authority, the Department of Mental Health and Substance Abuse Services, the Oklahoma Health Care Authority, the Board of Regents of Oklahoma Colleges, the Oklahoma State Regents for Higher Education, the Oklahoma Department of Career and Technology Education, the Oklahoma Department of Veterans Affairs, the State Fire Marshal Commission, the Commission on Children and Youth, the Oklahoma Department of Agriculture, Food, and Forestry, the Oklahoma Human Rights Commission, the Oklahoma Law Enforcement Retirement System, the Oklahoma Police Pension and Retirement System, the Oklahoma Tourism and Recreation Department, and the Department of Rehabilitation Services for the purpose of providing legal services requested by such entities. All fees collected in accordance with the provisions of this section shall be deposited in the Attorney General's Revolving Fund created pursuant to Section 20 of this title. Added by Laws 1987, c. 203, § 8, operative July 1, 1987. Amended by Laws 1989, c. 228, § 9, operative July 1, 1989; Laws 1990, c. 270, § 2, eff. Sept. 1, 1990; Laws 1991, c. 335, § 29, emerg. eff. June 15, 1991; Laws 1993, c. 10, § 13, emerg. eff. March 21, 1993; Laws 1994, c. 282, § 6, eff. July 1, 1994; Laws 1995, c. 1, § 30, emerg. eff. March 2, 1995; Laws 2001, c. 33, § 168, eff. July 1, 2001; Laws 2012, c. 304, § 696. NOTE: Laws 1990, c. 264, § 7 repealed by Laws 1991, c. 282, § 13, eff. July 1, 1991 and Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991. Laws 1991, c. 282, § 8 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993. Laws 1994, c. 280, § 7 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.
§74-18m-1. Repealed by Laws 2013, c. 208, § 170, eff. Feb. 1, 2014.
§74-18m-2. Repealed by Laws 2013, c. 208, § 170, eff. Feb. 1, 2014.
§74-18n-1. Insurance Fraud Unit. A. There is hereby created within the Office of the Attorney General an Insurance Fraud Unit. B. The Insurance Fraud Unit, upon inquiry or complaint or upon referral from the Insurance Department, shall determine the extent, if any, to which a violation has occurred of any statute or administrative rule of this state pertaining to insurance fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to a district attorney, or referral to any
appropriate official of this or any other state or of the federal government. C. In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for supplying information about suspected insurance fraud to the Insurance Fraud Unit of the Office of the Attorney General or any other agency involved in the investigation or prosecution of suspected insurance fraud. D. The Attorney General and the Office of the Attorney General, the Insurance Commissioner, the Insurance Department, every district attorney, and every law enforcement agency shall cooperate and coordinate efforts for the investigation and prosecution of suspected insurance fraud. Added by Laws 1999, c. 344, § 5, emerg. eff. June 8, 1999.
§74-18n-2. Power of Attorney General to investigate insurance fraud – Confidentiality of records. A. If the Attorney General or a designee has reason to believe as a result of inquiry or complaint or as a result of referral from the Insurance Department that a person has engaged in or is engaging in an act or practice that violates any administrative rule or statute pertaining to Insurance Fraud, the Attorney General or a designee shall have all the powers of a district attorney. B. Nothing in this section shall be construed to waive, limit or impair any evidentiary privilege recognized by law. C. As used in this section, “records” include, but are not limited to, anything for which a request to produce may be served pursuant to Section 3234 of Title 12 of the Oklahoma Statutes. D. Records, documents, reports and evidence obtained or created by the Office of the Attorney General as a result of insurance fraud, including workers’ compensation insurance fraud, shall be confidential and shall not be subject to the Oklahoma Open Records Act or to outside review or release by any individual. An employee of the Attorney General’s Office may disclose, at the discretion of the Attorney General, such investigative information to officers and agents of federal, state, county or municipal law enforcement agencies, to the Insurance Commissioner or Insurance Department, and to district attorneys, in the furtherance of criminal investigations within their respective jurisdictions. Added by Laws 1999, c. 344, § 6, emerg. eff. June 8, 1999.
§74-18p-1. Victims Services Unit. A. There is hereby created within the Office of the Attorney General a Victims Services Unit.
B. The duty of the Unit is to provide services for persons who require domestic violence or sexual assault services through a domestic violence or sexual assault program. C. As used in this act, “domestic violence program” or “sexual assault program” means an agency, organization, facility, or person that offers, provides or engages in the offering of any shelter, residential services or support services to: 1. Victims or survivors of domestic abuse as defined in Section 60.1 of Title 22 of the Oklahoma Statutes, any dependent children of such victim or survivor, and any other member of the family or household of such victim or survivor; 2. Victims or survivors of sexual assault; 3. Persons who are homeless as a result of domestic abuse or sexual assault or both domestic abuse and sexual assault; and 4. Victims of stalking, and which may provide other services including, but not limited to, counseling, case management, referrals or other similar services to victims or survivors of domestic abuse, sexual assault or stalking. D. As used in this act, “batterers intervention program” or “batterers treatment program” means an agency, organization, facility, or person who offers, provides or engages in the offering of counseling or intervention services to persons who commit domestic abuse. E. For any county in which there is more than one sexual assault program, domestic violence program, or batterers intervention program and one or more of the programs operates a shelter program, only the program or programs operating a shelter program shall receive grants or funding from the Victim Services Unit collected pursuant to subsection F of Section 153 of Title 28 of the Oklahoma Statutes and Section 2368.22 of Title 68 of the Oklahoma Statutes. Added by Laws 2005, c. 348, § 1, eff. July 1, 2005. Amended by Laws 2007, c. 156, § 6, eff. Nov. 1, 2007; Laws 2024, c. 453, § 2, eff. July 1, 2024.
§74-18p-2. Domestic Violence and Sexual Assault Advisory Council. A. There is hereby re-created, to continue until July 1, 2013, in accordance with provisions of the Oklahoma Sunset Law, the Domestic Violence and Sexual Assault Advisory Council. The Council shall be a nine-member committee appointed by the Attorney General. B. Four of the members shall be selected from a list of eight nominees provided by the Oklahoma Coalition on Domestic Violence and Sexual Assault and five of the members shall be selected by the Attorney General from the State of Oklahoma at large; provided, that of the members selected by the Attorney General from the state at large, one member shall be a representative of any domestic violence programs funded through or by the Attorney General, and one member
shall be a citizen of this state with expertise in the area of sexual assault services. C. The Council shall select a chair annually. Appointment to the Council shall be for two (2) years. The Attorney General shall appoint persons to fill unexpired terms when necessary. D. The duties of the Council shall be to review rules and overall policies relating to the operation and funding of domestic violence and sexual assault programs in this state and make recommendations to the Attorney General regarding its findings. Added by Laws 2005, c. 348, § 2, eff. July 1, 2005. Amended by Laws 2009, c. 23, § 1.
§74-18p-3. Contracts for shelter and services - Disclosure of case records, shelter locations or board member information. A. The Attorney General is hereby authorized and directed to enter into agreements and to contract for the shelter and other services that are needed for victims of domestic abuse, sexual assault or batterers intervention programs. Any domestic violence, sexual assault or batterers intervention program providing services pursuant to certification by the Attorney General or a contract or subcontract with the Attorney General and receiving funds from the Attorney General or any contractor with the Attorney General shall be subject to the provisions of the administrative rules of the Attorney General. B. 1. Except as otherwise provided by paragraph 3 of this subsection, the case records, case files, case notes, client records, or similar records of a domestic violence or sexual assault program certified by the Attorney General or of any employee or trained volunteer of a program regarding an individual who is residing or has resided in such program or who has otherwise utilized or is utilizing the services of any domestic violence or sexual assault program or counselor shall be confidential and shall not be disclosed. 2. For purposes of this subsection, the term "client records" shall include, but not be limited to, all communications, records, and information regarding clients of domestic violence and sexual assault programs. 3. The case records, case files, or case notes of programs specified in paragraph 1 of this subsection shall be confidential and shall not be disclosed except with the written consent of the individual, or in the case of the individual’s death or disability, of the individual’s personal representative or other person authorized to sue on the individual’s behalf or by court order for good cause shown by the judge in camera. C. The district court shall not order the disclosure of the address of a domestic violence shelter, the location of any person seeking or receiving services from a domestic violence or sexual
assault program, or any other information which is required to be kept confidential pursuant to subsection B of this section. D. The home address, personal telephone numbers and social security number of board members, staff and volunteers of certified domestic violence and sexual assault programs shall not be construed to be open records pursuant to the Oklahoma Open Records Act. Added by Laws 2005, c. 348, § 3, eff. July 1, 2005. Amended by Laws 2007, c. 156, § 7, eff. Nov. 1, 2007.
§74-18p-4. Minor mothers. A. As used in this section, “minor mother” means an unemancipated female under the age of eighteen (18) years of age who is pregnant or the biological parent of any child. B. A domestic violence shelter facility may provide shelter and care to a minor mother, who is the victim of domestic abuse or is seeking relief from domestic abuse for herself or on behalf of any of her children or both herself and any of her children. C. A domestic violence shelter facility may provide shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor mother or her child or both the minor mother and any of her children. Such shelter or care shall not extend beyond thirty (30) days unless the facility receives an order issued by the court to continue such services or the parent or guardian of the minor mother consents to such services. D. The provisions of Section 856 of Title 21 of the Oklahoma Statutes shall not apply to any domestic violence shelter facility and any person operating such facility who in good faith is providing shelter and care pursuant to the provisions of this section to a minor mother and any of her children who is a runaway from her parent or legal guardian. E. The emergency custody hearing provided for in Section 1-4- 202 of Title 10A of the Oklahoma Statutes shall be provided for a minor mother who is seeking relief from domestic abuse for herself or on behalf of any of the her children. Added by Laws 2005, c. 348, § 4, eff. July 1, 2005. Amended by Laws 2009, c. 234, § 159, emerg. eff. May 21, 2009.
§74-18p-5. Statewide telephone communication service for victims. The Office of the Attorney General shall be responsible for the development, maintenance and operation of a twenty-four-hour statewide telephone communication service for the victims of rape, forcible sodomy and domestic violence. The purpose of the service is to provide information to such victim regarding any immediate action which should be taken by the victim, the social services available, and the legal rights and remedies of the victim. Added by Laws 2005, c. 348, § 5, eff. July 1, 2005.
§74-18p-6. Promulgation of rules - Certification - Exemptions - Standards for facilities and programs - Application fees. A. Effective July 1, 2005, all administrative rules promulgated by the Department of Mental Health and Substance Abuse Services relating to domestic violence and sexual assault programs shall be transferred to and become a part of the administrative rules of the Office of the Attorney General. The Office of Administrative Rules in the Secretary of State’s office shall provide adequate notice in the Oklahoma Register of the transfer of such rules, and shall place the transferred rules under the Administrative Code section of the Attorney General. Such rules shall continue in force and effect as rules of the Office of the Attorney General from and after July 1, 2005, and any amendment, repeal or addition to the transferred rules shall be under the jurisdiction of the Attorney General. B. The Attorney General shall adopt and promulgate rules and standards for certification of batterers intervention and domestic violence programs and for private facilities and organizations which offer domestic and sexual assault services in this state. These facilities shall be known as "certified domestic violence shelters" or "certified domestic violence programs" or "certified sexual assault programs" or "certified treatment programs for batterers", as applicable. C. Applications for certification as a certified domestic violence shelter, domestic violence program, sexual assault program or treatment program for batterers, pursuant to the provisions of this section, shall be made to the Office of the Attorney General on prescribed forms. The Attorney General may certify the shelter or program for a period of three (3) years subject to renewal as provided in the rules promulgated by the Attorney General. Nothing in this section shall preclude the Office of the Attorney General from making inspection visits to a shelter or program to determine contract or program compliance. D. Licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in private practice and not to any domestic violence program or sexual assault program operated by such person. E. Facilities providing services for persons who commit domestic abuse, victims or survivors of domestic abuse or sexual assault and any dependent children of such victims or survivors shall comply with standards promulgated by the Attorney General; provided, that the certification requirements and standards promulgated by the Attorney General shall not apply to programs and
services offered by the Department of Health, the Department of Mental Health and Substance Abuse Services, the Department of Corrections or the Department of Human Services. The batterers intervention, domestic violence or sexual assault programs certified pursuant to the provisions of this section shall cooperate with inspection personnel of this state and shall promptly file all reports required by the Attorney General. Failure to comply with rules and standards of the Attorney General shall be grounds for revocation of certification, after proper notice and hearing. F. The Attorney General is hereby authorized to collect from each applicant the sum of One Hundred Fifty Dollars ($150.00) to help defray the costs incurred in the certification process. Added by Laws 2005, c. 348, § 6, eff. July 1, 2005. Amended by Laws 2007, c. 156, § 8, eff. Nov. 1, 2007.
§74-18p-7. Injunctions. A. The Attorney General or any district attorney, in such person’s discretion, may bring an action for an injunction against any batterers intervention, domestic violence program or sexual assault program found to be in violation of the provisions of this title or of any order or determination of the Attorney General. B. In any action for an injunction brought pursuant to this section, any findings of the Attorney General or district attorney, after hearing and due notice, shall be prima facie evidence of the facts found therein. Added by Laws 2005, c. 348, § 7, eff. July 1, 2005. Amended by Laws 2007, c. 156, § 9, eff. Nov. 1, 2007.
§74-18p-8. Oversight by Attorney General - Collection and confidentiality of information records. A. The Office of the Attorney General shall have the authority to collect information sufficient to meet its responsibilities related to oversight, management, evaluation, performance improvement and auditing of domestic violence and sexual assault services and combating and preventing domestic violence and sexual assault in this state. B. The individual forms, computer and electronic data, and other forms of information collected by and furnished to the Attorney General shall be confidential and shall not be public records as defined in the Oklahoma Open Records Act. C. Except as otherwise provided by state and federal confidentiality laws, identifying information shall not be disclosed and shall not be used for any public purpose other than the creation and maintenance of anonymous datasets for statistical reporting and data analysis. Added by Laws 2005, c. 348, § 8, eff. July 1, 2005.
§74-18p-9. Crime victim and witness notification and victim protective order system. A. The Attorney General may establish a crime victim and witness notification and victim protective order system to assist public officials in carrying out their duties to notify and inform crime victims and witnesses as the Attorney General specifies by rule. The system shall download necessary information from participating officials into its computers, where it shall be maintained, updated, and automatically transmitted to victims and witnesses by telephone, computer, or written notice. B. The Department of Corrections, the Pardon and Parole Board, and each county sheriff office within the state shall cooperate with the Attorney General in the implementation of this section and shall provide information as necessary to the effective operation of the system. C. District attorneys and local law enforcement and other authorities may enter into agreements with the Attorney General for participation in the system. The Attorney General may provide those who elect to participate with the equipment, software, or training necessary to bring their offices into the system. D. The Attorney General may provide for telephonic, electronic, or other public access to the database established under this section. E. This section does not limit any rights or responsibilities otherwise enjoyed by or imposed upon victims or witnesses of violent crimes, nor does it grant any person a cause of action for damages or attorney fees. Any act of omission or commission by any law enforcement officer or district attorney, by the Attorney General, Department of Corrections, Pardon and Parole Board, or other state agency, or private entity under contract with the state, or by any employee of any state agency or private entity under contract with the state acting in good faith in rendering crime victim’s assistance or otherwise enforcing this section shall not impose civil liability upon the individual or entity or his or her supervisor or employer. Nothing in this section shall create a basis for vacating a conviction or a ground for appellate relief in any criminal case. Failure of the crime victim to receive notice as required, however, shall not deprive the court of the power to act regarding the proceeding before it; nor shall any such failure grant the defendant the right to seek a continuance. Added by Laws 2006, c. 130, § 3, emerg. eff. May 9, 2006.
§74-18p-10. Oklahoma Witness Protection Program. A. The Office of the Attorney General is hereby authorized to establish an Oklahoma Witness Protection Program and is authorized to use monies from the Attorney General's Evidence Fund created pursuant to Section 19 of this title or from federal grants for the
implementation of the Program. The Witness Protection Program may be made available to witnesses who are actively aiding in the prosecution of dangerous perpetrators and who are in danger of bodily harm or death by participating in the prosecution. The Attorney General shall administer the Oklahoma Witness Protection Program. B. Funds may be provided for the support of a participant in the Witness Protection Program. Support may include, but shall not be limited to, temporary living costs, moving expenses, rent, security deposits, or other appropriate expenses of relocation or transition. C. The Attorney General is authorized to promulgate rules necessary to implement the Oklahoma Witness Protection Program. Added by Laws 2012, c. 176, § 3, eff. Nov. 1, 2012.