Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2017-11

Current through Vol. 41, No. 20, July 1, 2024
I, Mary Fallin, Governor of the State of Oklahoma, pursuant to
			 the power and authority vested in me by Sections 1 and 2 of Article VI of the
			 Oklahoma Constitution and by Subsection D of Section 840-2.14 of the Oklahoma
			 Statutes hereby order the formation of the Oklahoma Task Force on Sexual
			 Assault Forensic Evidence (Task Force).
The Task Force shall:
1. Examine the process for gathering and
		  analyzing sexual assault forensic evidence kits in the State;
2. Identify the number of untested evidence
		  collection kits in the possession of each law enforcement agency in the State
		  by means of an audit conducted by each agency;
3. Identify possible improvements for law
		  enforcement training on responding to and investigating sexual
		  assaults;
4. Identify possible
		  improvements for victim access to evidence other than sexual assault forensic
		  evidence kits, including but not limited to police reports and other physical
		  evidence;
5. Identify possible
		  procedures for the testing of anonymous sexual assault evidence kits;
6. Identify additional rights of victims
		  concerning the sexual assault forensic evidence kits testing process;
		  and
7. Identify and pursue grants
		  and other funding sources in to order to eliminate the backlog of untested
		  sexual assault forensic evidence kits, reduce testing wait times, provide
		  victim notification, and improve efficiencies in the kit testing process.
The Governor, or designee, shall serve as the Chairperson of the
			 Task Force. The members of the Task Force shall be appointed by and serve at
			 the pleasure of the Governor, and shall include: the Chief of the Attorney
			 General's Victim Services Unit, or designee; one survivor of sexual assault
			 with experience with sexual assault forensic evidence kit collection; a sexual
			 assault nurse examiner; a person designated by the Director of the Oklahoma
			 State Bureau of Investigation who has expertise in the analysis of sexual
			 assault forensic evidence kits; a person with experience seeking and applying
			 for grants and other private funding; two nonvoting members from among the
			 members of the Senate, of which may not be from the same political party; two
			 nonvoting members from among the members of the House of Representatives, of
			 which may not be from the same political party; the Executive Director of the
			 Oklahoma Sheriff and Peace Officers Association, or designee; the Chief of the
			 Oklahoma City Police Department, or designee; the Chief of the Tulsa Police
			 Department, or designee; the Executive Director of the Oklahoma Association of
			 Chiefs of Police, or designee; an attorney from a Public Defenders office with
			 criminal defense experience; a sexual assault victims' advocate from a
			 community-based organization; the Executive Coordinator of the Oklahoma
			 District Attorneys Council, or designee; and the Executive Director of the
			 Native Alliance Against Violence, or designee.
The Task Force shall meet at such times and places as the
			 Chairperson deems appropriate. Members shall serve without compensation or
			 travel reimbursement. Administrative support for the Task Force, including
			 personnel necessary to ensure the proper performance of its duties and
			 responsibilities, shall be provided by the Senate. A quorum of the Task Force
			 shall be required to approve any final action of the Task Force. Seven (7)
			 members will constitute quorum.
No later than December 30, 2017, each law enforcement agency
			 shall submit to the Attorney General and the Task Force a written report
			 stating the results of the audit conducted by the agency and including the
			 number of untested evidence collection kits in the possession of that law
			 enforcement agency. Before, during, and after the statewide audit, any and all
			 sexual assault forensic evidence kits currently in the possession of any law
			 enforcement agency are to be preserved until such time that the audit is
			 concluded and the law enforcement agency is informed in writing by the Task
			 Force that evidence kits may be disposed of.
As a function of the audit required by the Task Force, every
			 agency charged with the maintenance, storage, or preservation of untested
			 sexual assault forensic evidence kits shall inventory all untested kits and
			 identify the following: the unique identifier for the kit; the date the crime
			 occurred; and the date of the examination and forensic collection. The agency
			 may, but is not required to, disclose the reasons for not submitting the
			 collected kit to the laboratory for analysis.
The Task Force shall prepare and submit a report of its findings
			 and recommendations based on the results of the audits conducted by each law
			 enforcement agency to the Governor, the President Pro Tempore of the Senate,
			 and the Speaker of the House of Representatives no later than July 1,
			 2018.
This Executive Order shall be distributed to the Secretary of
			 State and each Task Force member.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
			 Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma,
			 this the 24th day of April, 2017.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Dave Lopez
Secretary of State