Oklahoma § 57-589 - Registered offenders prohibited from certain employment Penalties - Civil damages

§ 57-589. Registered offenders prohibited from certain employment Penalties - Civil damages

A. It is unlawful for any person registered pursuant to the

Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent

Crime Offenders Registration Act to work with or provide services to

children or to work on school premises, or for any person or

business which contracts for work to be performed on school premises

to knowingly and willfully allow any employee to work with children

or to work on school premises who is registered pursuant to the

Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent

Crime Offenders Registration Act. Upon conviction for any violation

of the provisions of this subsection, the violator shall be guilty

of a misdemeanor punishable by a fine not to exceed One Thousand

Dollars ($1,000.00). In addition, the violator may be liable for

civil damages.

B. 1. A person or business who offers or provides services to

children shall ensure compliance with subsection A of this section

by conducting a name search of employees at least annually against

the registries maintained pursuant to the Oklahoma Sex Offenders

Registration Act and the Mary Rippy Violent Crime Offenders

Registration Act while such person is working with or serving

children. All persons working with or providing services to

children shall be required to sign a statement declaring that he or

she is not currently required to register under the provisions of

the Oklahoma Sex Offenders Registration Act or the Mary Rippy

Violent Crime Offenders Registration Act. Compliance with the

signed statement shall be mandatory for all persons working with or

providing services to children, and there shall be no liability or

obligation placed upon any person or business to ascertain the

truthfulness of the affidavit. Any person or business having a

contract with a school shall ensure compliance as provided by

Section 6-101.48 of Title 70 of the Oklahoma Statutes.

Oklahoma Statutes - Title 57. Prisons and Reformatories

2. Failure of any person or business who works with or provides

services to children to conduct the annual name search of each

person employed shall be a misdemeanor. Upon conviction for failure

to conduct a name search, the violator shall be guilty of a

misdemeanor punishable by a fine not to exceed One Thousand Dollars

($1,000.00). Refusal of any person who is employed to work with or

provide services to children to sign a statement declaring they have

no requirement to register as provided in this section shall be a

misdemeanor, upon conviction, punishable by a fine not to exceed One

Thousand Dollars ($1,000.00), and the person shall be immediately

terminated from employment. Any person discovering an employment or

registration violation as required by any provision of law for any

person currently employed to work with or provide services to

children has a duty to and shall immediately report such findings to

the district attorney.

C. It is unlawful for any law enforcement agency to employ any

person as a peace officer or criminal investigator who has received

a verdict of guilty or pled guilty or nolo contendere to any offense

required to register pursuant to the Sex Offenders Registration Act

or the Mary Rippy Violent Crime Offenders Registration Act,

including those receiving a verdict of guilt, pleading guilty or

nolo contendere as part of a deferred judgment or other provision of

law authorizing a delayed or suspended judgment or sentence. Every

person receiving a verdict of guilty or pleading guilty or nolo

contendere to any offense required to register pursuant to the Sex

Offenders Registration Act or the Mary Rippy Violent Crime Offenders

Registration Act shall be prohibited from being certified by the

Council on Law Enforcement Education and Training (CLEET) as a peace

officer, private investigator, or security guard, and if at the time

of the verdict or plea such person has been previously CLEET

certified such certification shall be revoked. Any violator shall

be guilty of a misdemeanor upon conviction of noncompliance with the

provisions of this subsection.

Added by Laws 1998, c. 411, § 5, eff. July 1, 1998. Amended by Laws

1999, c. 200, § 1, emerg. eff. May 24, 1999; Laws 2002, c. 460, §

35, eff. Nov. 1, 2002; Laws 2004, c. 358, § 10, eff. Nov. 1, 2004;

Laws 2008, c. 162, § 2, eff. July 1, 2008.