Okla. Stat. tit. 21, § 21-143

duties.

A. There is hereby created the Sexual Assault Forensic Evidence

(SAFE) Board within the Office of the Attorney General. The Board

shall have the power and duty to:

1. Examine the process for gathering and analyzing sexual

assault forensic evidence kits in this state and work with members

of the Legislature to draft proposed legislation to improve the

response of medical and law enforcement systems 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 Board;

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 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 this state.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 169

B. In carrying out its duties and responsibilities, the Board

shall:

1. Promulgate rules establishing criteria for the collection of

sexual assault forensic evidence subject to specific, in-depth

review by the Board;

2. Establish and maintain statistical information related to

sexual assault forensic evidence collection including, but not

limited to, demographic and medical diagnostic information;

3. Establish procedures for obtaining initial information

regarding the collection of sexual assault forensic evidence from

medical and law enforcement entities;

4. Review the policies, practices, and procedures of the

medical and law enforcement systems and make specific

recommendations to the entities comprising the medical and law

enforcement systems for actions necessary to improve such systems;

5. Review the extent to which the medical and law enforcement

systems are coordinated and evaluate whether the state is

efficiently discharging its sexual assault forensic evidence

collection responsibilities;

6. Request and obtain a copy of all records and reports

pertaining to sexual assault forensic evidence including, but not

limited to:

a. hospital records,

b. court records,

c. local, state, and federal law enforcement records,

d. medical and dental records, and

e. emergency medical service records.

Confidential information provided to the Board shall be

maintained by the Board in a confidential manner as otherwise

required by state and federal law. Any person damaged by disclosure

of such confidential information by the Board or its members which

is not authorized by law may maintain an action for damages, costs,

and attorney fees pursuant to The Governmental Tort Claims Act;

7. Maintain all confidential information, documents, and

records in possession of the Board as confidential and not subject

to subpoena or discovery in any civil or criminal proceedings;

provided, however, such information, documents, and records

otherwise available from other sources shall not be exempt from

subpoena or discovery through such sources solely because such

information, documents, and records were presented to or reviewed by

the Board; and

8. Exercise all incidental powers necessary and proper for the

implementation and administration of the Sexual Assault Forensic

Evidence (SAFE) Board.

C. The review and discussion of individual cases of sexual
her sources shall not be exempt from

subpoena or discovery through such sources solely because such

information, documents, and records were presented to or reviewed by

the Board; and

8. Exercise all incidental powers necessary and proper for the

implementation and administration of the Sexual Assault Forensic

Evidence (SAFE) Board.

C. The review and discussion of individual cases of sexual

assault evidence collection shall be conducted in executive session.

All discussions of individual cases and any writings produced by or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 170

created for the Board in the course of determining a remedial

measure to be recommended by the Board, as the result of a review of

an individual case of sexual assault evidence collection, shall be

privileged and shall not be admissible in evidence in any

proceeding. All other business shall be conducted in accordance

with the provisions of the Oklahoma Open Meeting Act. The Board

shall periodically conduct meetings to discuss organization and

business matters and any actions or recommendations aimed at

improvement of the collection of sexual assault forensic evidence

which shall be subject to the Oklahoma Open Meeting Act.

D. The Board shall submit an annual statistical report on the

incidence of sexual assault forensic evidence collection in this

state for which the Board has completed its review during the past

calendar year including its recommendations, if any, to medical and

law enforcement systems. The Board shall also prepare and make

available to the public an annual report containing a summary of the

activities of the Board relating to the review of sexual assault

forensic evidence collection and an evaluation of whether the state

is efficiently discharging its sexual assault forensic evidence

collection responsibilities. The report shall be completed no later

than February 1 of the subsequent year.