Oklahoma House of Representatives
Media Division
March 24, 2004

OKLAHOMA CITY - Four bills ranging from animal cruelty to increasing the age of eligibility for the young adult delayed sentencing program passed the state House Committee on Criminal Justice.

The House sponsor of Senate Bill 1447, Deputy Majority Floor Leader Jari Askins, said that measure would expand the number of violent offenses in which the state would collect DNA. "We must determine if the correct crimes are included for DNA testing and there is some expense involved," the Duncan Democrat said. "And we need to be certain the Oklahoma State Bureau of Investigation can adequately implement the testing."

A new section of the bill would require an offender who is in a city or county jail and not in custody of the state Corrections Department to provide a DNA sample to the OSBI within 30 days of sentencing. Submission to genetic testing and collection of a blood or
saliva sample and paying a $15 testing fee would be a condition of sentencing.

Any offender previously tested would not be required to submit to additional DNA testing.

Askins said the OSBI has a breakdown of costs associated with the additional DNA testing. She said federal funds possibly could be used, and "if it's done right, the state's costs to implement the additional DNA testing would be minimized for a couple of years."

Senate Bill 1526 would establish the "Anti-Drug Diversion Act." The measure would direct that dispensers of dangerous drugs transmit information about drug purchases to a central repository designated by the state Bureau of Narcotics and Dangerous Drugs Control.

The information would include a valid national drug code number, name and date the substance was dispensed, along with the quantity and the number of refills, the recipient's name, address, date of birth and gender, and the dispensing person's name.

The state Narcotics Bureau has requested a federal grant, and no additional money would be sought from state coffers.

Rep. Paul Roan, D-Tishomingo, who is chairman of the House Committee on Criminal Justice, is the House sponsor of SB 1526. Sen. Dick Wilkerson, D-Atwood, is the primary author.

Another measure that passed the Criminal Justice Committee on Tuesday would raise from 21 to 23 the maximum age for an offender to be eligible for the delayed sentencing program for young adults. Rep. Gus Blackwell, R-Goodwell, is the House sponsor of that measure.

Senate Bill 1420 also would triple the time to 90 days for the Corrections Department to file a specialized offender accountability plan with the court clerk's office after an offender is committed to the delayed sentencing program for young adults.

The accountability plan would be in lieu of a presentence investigation and would include information and evaluations directed by the sentencing court, such as an investigation report of probation officers, an assessment of security risks and offender needs.

Avenues of recommended specific courses of action could involve psychological counseling, psychiatric and/or medical treatment, education or vocational training, work, restitution and other programs that offer the best opportunity for rehabilitation of the young offender.

Should confinement be recommended, the accountability plan would indicate a specific type of incarceration that the Department of Corrections proposes and the amount of time the offender would spend in confinement.

Rep. David Braddock, D-Altus, the House author of Senate Bill 1364, said that measure would establish rules for removing an animal from an abusive situation and would not allow the abusive person to again take possession of the animal.

When an abused animal is removed from its surroundings, a law enforcement officer would be authorized to place it with an organization or individual willing to care for and rehabilitate the animal.

If the law enforcement agency declined to release the animal to a person claiming ownership, the person could file a petition in district court requesting determination of an ownership interest.

A person convicted of animal abuse would be directed to pay removal expenses, medical care, rehabilitation, feeding and housing of the animal, unless the court rules there is good cause for not ordering reimbursement of the expenses, according to SB 1364.

The Criminal Justice Committee discussed removing a provision in the bill that involved posting a photograph or detailed description of the animal for 14 consecutive days at police headquarters and keeping a log of where the animal would be placed for care.

Braddock said he would work with committee members "to remedy the situation or remove the paragraph."

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Scott Hancock
Media Specialist
Oklahoma House of Representatives
1-800-522-8502 ext 422  ¶ 10:48 PM