Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2019-5

Current through Vol. 41, No. 20, July 1, 2024
I, J. Kevin Stitt, 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 continuation of the Oklahoma Task Force on Sexual
			 Assault Forensic Evidence (Task Force) until January 1, 2023, or such earlier
			 date as the Task Force completes its directives as set forth in numbered
			 paragraphs 1 through 7 below.
The Task Force shall:
1.
		  Examine the process for gathering and analyzing sexual assault forensic
		  evidence kits in the State and work with members of the legislature to draft
		  proposed legislation to improve the system response to sexual
		  assault;
2. Develop a plan for the
		  prioritization and acceptance of untested sexual assault forensic evidence kits
		  identified in the statewide audit conducted by the Task Force;
3. Identify possible procedures for the
		  testing of anonymous sexual assault evidence kits;
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 additional rights of victims
		  concerning the sexual assault forensic evidence kits testing process;
6. Identify and pursue grants and other
		  funding sources in to order to address untested sexual assault forensic
		  evidence kits, reduce testing wait times, provide victim notification, and
		  improve efficiencies in the kit testing process; and
7. Develop a comprehensive training plan for
		  equipping and enhancing the work of law enforcement, prosecutors, victim
		  advocates, sexual assault nurse examiners and multidisciplinary Sexual Assault
		  Response Teams (SARTs) across all jurisdictions within Oklahoma.
The Attorney General, 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 Attorney General, 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; one survivor of sexual assault committed in Oklahoma who has
			 participated in the justice system process; 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; the Executive Director of the Oklahoma Sheriff 's Association, or
			 designee; a law enforcement officer from a rural sheriff's office; the Chief of
			 the Oklahoma City Police Department, or designee; the Chief of the Tulsa Police
			 Department, or designee; a law enforcement officer from a rural municipal law
			 enforcement agency; the Executive Director of the Oklahoma Association of
			 Chiefs of Police, or designee; an attorney from a Public Defenders office with
			 criminal defense experience; the Executive Coordinator of the Oklahoma District
			 Attorneys Council, or designee; a sexual assault victims' advocate from a
			 community?based organization; the Executive Director of the Oklahoma Coalition
			 Against Domestic Violence and Sexual Assault, or designee; the Executive
			 Director of the Native Alliance Against Violence, or designee; a representative
			 of the Administrative Office of the Courts familiar with data coding and
			 running queries; the Executive Director of the Council on Law Enforcement
			 Education and Training, or designee; two nonvoting members from among the
			 members of the Senate, of which may not be from the same political party; and
			 two nonvoting members from among the members of the House of Representatives,
			 of which may not be from the same political party.
The Task Force shall meet at such times and places as the
			 Chairperson deems appropriate. Members shall serve without compensation or
			 travel reimbursement. A quorum of the Task Force shall be required to approve
			 any final action of the Task Force. Ten (10) members will constitute
			 quorum.
All sexual assault forensic evidence kits currently in the
			 possession of any law enforcement agency are to be preserved until such time
			 that the law enforcement agency is informed in writing by the Task Force that
			 evidence kits may be submitted to a lab for testing or disposed of, or until
			 such time as the legislature enacts laws governing the preservation and
			 maintenance of the evidence kits.
Every agency charged with the maintenance, storage, or
			 preservation of untested sexual assault forensic evidence kits shall continue
			 to inventory all untested kits and upon request, identify the following: the
			 unique identifier for the kit; the date the crime occurred; and the date of the
			 examination and forensic collection, to the Attorney General. The agency may,
			 but is not required to, disclose the reasons for not submitting the collected
			 kit to the laboratory for analysis.
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 March, 2019.
BY THE GOVERNOR OF THE
STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State