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

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
		  Sheriffs' 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 12th day of October, 2017.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Dave Lopez
Secretary of State