Oklahoma § 74-18 - Attorney General as chief law officer

§ 74-18. Attorney General as chief law officer

The Attorney General shall be the chief law officer of the

state.

Laws 1939, p. 44, § 1.

§74-18a. Oath of office.

Before the Attorney General enters upon the duties of his

office, he shall execute the constitutional oath of office, which

oath shall be filed in the office of the Secretary of State.

Laws 1939, p. 44, § 2; Laws 1973, c. 131, § 1, emerg. eff. May 10,

1973; Laws 1980, c. 159, § 32, emerg. eff. April 2, 1980.

§74-18b. Duties of Attorney General - Counsel of Corporation

Commission as representative on appeal from Commission.

A. The duties of the Attorney General as the chief law officer

of the state shall be:

1. To appear for the state and prosecute and defend all actions

and proceedings, civil or criminal, in the Supreme Court and Court

of Criminal Appeals in which the state is interested as a party;

2. To appear for the state and prosecute and defend all actions

and proceedings in any of the federal courts in which the state is

interested as a party;

3. To initiate or appear in any action in which the interests

of the state or the people of the state are at issue, or to appear

at the request of the Governor, the Legislature, or either branch

thereof, and prosecute and defend in any court or before any

commission, board or officers any cause or proceeding, civil or

criminal, in which the state may be a party or interested; and when

so appearing in any such cause or proceeding, the Attorney General

may, if the Attorney General deems it advisable and to the best

interest of the state, take and assume control of the prosecution or

defense of the state's interest therein;

4. To consult with and advise district attorneys, when

requested by them, in all matters pertaining to the duties of their

offices, when the district attorneys shall furnish the Attorney

Oklahoma Statutes - Title 74. State Government

General with a written opinion supported by citation of authorities

upon the matter submitted;

5. To give an opinion in writing upon all questions of law

submitted to the Attorney General by the Legislature or either

branch thereof, or by any state officer, board, commission or

department, provided, that the Attorney General shall not furnish

opinions to any but district attorneys, the Legislature or either

branch thereof, or any other state official, board, commission or

department, and to them only upon matters in which they are

officially interested;

6. At the request of the Governor, State Auditor and Inspector,

State Treasurer, or either branch of the Legislature, to prosecute

any official bond or any contract in which the state is interested,

upon a breach thereof, and to prosecute or defend for the state all

actions, civil or criminal, relating to any matter connected with

either of their Departments;

7. Whenever requested by any state officer, board or

commission, to prepare proper drafts for contracts, forms and other

writing which may be wanted for the use of the state;

8. To prepare drafts of bills and resolutions for individual

members of the Legislature upon their written request stating the

gist of the bill or resolution desired;

9. To enforce the proper application of monies appropriated by

the Legislature and to prosecute breaches of trust in the

administration of such funds;

10. To institute actions to recover state monies illegally

expended, to recover state property and to prevent the illegal use

of any state property, upon the request of the Governor or the

Legislature;

11. To pay into the State Treasury, immediately upon its

receipt, all monies received by the Attorney General belonging to

the state;

12. To settle, compromise and dispose of an action in which the

Attorney General represents the interests of the state, so long as

the consideration negotiated for such settlement, compromise or

disposition is payable to the state or one of its agencies which is

a named party of the action and any monies, any property or other

item of value is paid first to the State Treasury;

13. To keep and file copies of all opinions, contracts, forms

and letters of the office, and to keep an index of all opinions,

contracts and forms according to subject and section of the law

construed or applied;

14. To keep a register or docket of all actions, demands and

investigations prosecuted, defended or conducted by the Attorney

General in behalf of the state. The register or docket shall give

the style of the case or investigation, where pending, court number,

Oklahoma Statutes - Title 74. State Government

office number, the gist of the matter, result and the names of the

assistants who handled the matter;

15. To keep a complete office file of all cases and

investigations handled by the Attorney General on behalf of the

state;

16. To report to the Legislature or either branch thereof

whenever requested upon any business relating to the duties of the

Attorney General's office;

17. To institute civil actions against members of any state

board or commission for failure of such members to perform their

duties as prescribed by the statutes and the Constitution and to

prosecute members of any state board or commission for violation of

the criminal laws of this state where such violations have occurred

in connection with the performance of such members' official duties;

18. To respond to any request for an opinion of the Attorney

General's office, submitted by a member of the Legislature,

regardless of subject matter, by written opinion determinative of

the law regarding such subject matter;

19. To convene multicounty grand juries in such manner and for

such purposes as provided by law; provided, such grand juries are

composed of citizens from each of the counties on a pro rata basis

by county;

20. To investigate any report by the State Auditor and

Inspector filed with the Attorney General pursuant to Section 223 of

this title and prosecute all actions, civil or criminal, relating to

such reports or any irregularities or derelictions in the management

of public funds or property which are violations of the laws of this

state;

21. To represent and protect the collective interests of all

utility consumers of this state in rate-related proceedings before

the Corporation Commission or in any other state or federal judicial

or administrative proceeding;

22. To represent and protect the collective interests of

insurance consumers of this state in rate-related proceedings before

the Insurance Commissioner or in any other state or federal judicial

or administrative proceeding;

23. To investigate and prosecute any criminal action relating

to insurance fraud, if in the opinion of the Attorney General a

criminal prosecution is warranted, or to refer such matters to the

appropriate district attorney;

24. To monitor and evaluate any action by the federal

government including, but not limited to, executive orders by the

President of the United States, rules or regulations promulgated by

an agency of the federal government or acts of Congress to determine

if such actions are in violation of the Tenth Amendment to the

Constitution of the United States;

Oklahoma Statutes - Title 74. State Government

25. To cross-deputize police officers of the police department

of any municipality or any officer deputized by the county sheriff

or a designee subject to an interlocal governmental agreement with

the Attorney General’s Office in an effort to combine city, county,

and state law enforcement efforts and to encourage cooperation

between city, county, and state law enforcement officials.

Liability for the conduct of any municipal police officer crossdeputized under the terms and conditions of an interlocal

governmental agreement or any officer deputized by the county

sheriff under the terms and conditions of an interlocal governmental

agreement shall remain the responsibility of the respective employer

for that officer;

26. To maintain data related to human trafficking and to assist

law enforcement, social service agencies, and victim services

programs in identifying and supporting victims of human trafficking;

and

27. To investigate and prosecute any civil or criminal action

relating to violations of the Oklahoma Open Records Act, Section

24A.1 et seq. of Title 51 of the Oklahoma Statutes, or the Oklahoma

Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma

Statutes, if the Attorney General determines that a civil or

criminal prosecution is warranted or to defer such matters to a

district attorney.

B. Nothing in this section shall be construed as requiring the

Attorney General to appear and defend or prosecute in any court any

cause or proceeding for or on behalf of the Oklahoma Tax Commission,

the Board of Managers of the State Insurance Fund, or the

Commissioners of the Land Office.

C. In all appeals from the Corporation Commission to the

Supreme Court of Oklahoma in which the state is a party, the

Attorney General shall have the right to designate counsel of the

Corporation Commission as the Attorney General's legally appointed

representative in such appeals, and it shall be the duty of the

Corporation Commission counsel to act when so designated and to

consult and advise with the Attorney General regarding such appeals

prior to taking action therein.

Added by Laws 1939, p. 44, § 3, emerg. eff. May 21, 1939. Amended

by Laws 1976, c. 130, § 1, emerg. eff. May 24, 1976; Laws 1979, c.

30, § 53, emerg. eff. April 6, 1979; Laws 1979, c. 241, § 17,

operative July 1, 1979; Laws 1982, c. 26, § 1, operative Oct. 1,

1982; Laws 1987, c. 39, § 1, eff. Nov. 1, 1987; Laws 1991, c. 17, §

3, eff. Sept. 1, 1991; Laws 1992, c. 294, § 14, eff. Sept. 1, 1992;

Laws 1993, c. 349, § 32, eff. Sept. 1, 1993; Laws 1995, c. 328, §

12, eff. July 1, 1995; Laws 1996, c. 295, § 1, eff. July 1, 1996;

Laws 1999, c. 344, § 4, emerg. eff. June 8, 1999; Laws 2010, c. 37,

§ 4, eff. Nov. 1, 2010; Laws 2017, c. 18, § 1, eff. Nov. 1, 2017;

Laws 2019, c. 444, § 1, emerg. eff. May 24, 2019; Laws 2021, c. 530,

Oklahoma Statutes - Title 74. State Government

§ 1, eff. July 1, 2021; Laws 2022, c. 100, § 1, eff. Nov. 1, 2022;

Laws 2024, c. 452, § 170, emerg. eff. June 14, 2024; Laws 2025, c.

335, § 2, emerg. eff. May 29, 2025.

§74-18c. Employment of attorneys, authority of boards or officials

- Defense of actions by Attorney General.

A. 1. Except as otherwise provided by this subsection, no

state officer, board or commission shall have authority to employ or

appoint attorneys to advise or represent said officer, board or

commission in any matter.

2. The provisions of this subsection shall not apply to the

Corporation Commission, the Council on Law Enforcement Education and

Training, the Consumer Credit Commission, the Board of Managers of

the State Insurance Fund, the Oklahoma Tax Commission, the

Commissioners of the Land Office, the Oklahoma Public Welfare

Commission also known as the Commission for Human Services, the

State Board of Corrections, the Oklahoma Health Care Authority, the

Department of Public Safety, the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement

Commission, the Transportation Commission, the Oklahoma Energy

Resources Board, the Oklahoma Merit Protection Commission, the

Office of Management and Enterprise Services, the Oklahoma Water

Resources Board, the Department of Labor, the Department of

Agriculture, Food, and Forestry, the Northeast Oklahoma Public

Facilities Authority, the Oklahoma Firefighters Pension and

Retirement System, the Oklahoma Public Employees Retirement System,

the Uniform Retirement System for Justices and Judges, the Oklahoma

Conservation Commission, the Office of Juvenile Affairs, the State

Board of Pharmacy and the Oklahoma Department of Veterans Affairs.

3. The provisions of paragraph 2 of this subsection shall not

be construed to authorize the Office of Juvenile Affairs to employ

any attorneys that are not specifically authorized by law.

4. All the legal duties of such officer, board or commission

shall devolve upon and are hereby vested in the Attorney General;

provided that:

a.

the Governor shall have authority to employ special

counsel to protect the rights or interest of the state

as provided in Section 6 of this title, and

b.

liquidation agents of banks shall have the authority

to employ local counsel, with the consent of the Bank

Commissioner and the Attorney General and the approval

of the district court.

B. At the request of any state officer, board or commission,

except the Corporation Commission, the Oklahoma Tax Commission and

the Commissioners of the Land Office, the Grand River Dam Authority,

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

the Alcoholic Beverage Laws Enforcement Commission, the Oklahoma

Oklahoma Statutes - Title 74. State Government

Firefighters Pension and Retirement System, the Oklahoma Public

Employees Retirement System, the Uniform Retirement System for

Justices and Judges and the Interstate Oil and Gas Compact

Commission, the Attorney General shall defend any action in which

they may be sued in their official capacity. At the request of any

such state officer, board or commission, the Attorney General shall

have authority to institute suits in the name of the State of

Oklahoma on their relation, if after investigation the Attorney

General is convinced there is sufficient legal merit to justify the

action. Any officer, board or commission which has the authority to

employ or appoint attorneys may request that the Attorney General

defend any action arising pursuant to the provisions of The

Governmental Tort Claims Act.

C. Nothing in this section shall be construed to repeal or

affect the provisions of the statutes of this state pertaining to

attorneys and legal advisors of the several commissions and

departments of state specified in subsection B of this section, and

all acts and parts of acts pertaining thereto shall be and remain in

full force and effect.

Added by Laws 1939, p. 46, § 4, emerg. eff. May 21, 1939. Amended

by Laws 1947, p. 585, § 1, emerg. eff. April 23, 1947; Laws 1982, c.

35, § 2, emerg. eff. March 26, 1982; Laws 1985, c. 294, § 7, emerg.

eff. July 24, 1985; Laws 1991, c. 335, § 28, emerg. eff. June 15,

1991; Laws 1994, c. 382, § 47, eff. Sept. 1, 1994; Laws 1995, c. 76,

§ 3, eff. July 1, 1995; Laws 1995, c. 352, § 194, eff. July 1, 1995;

Laws 1996, c. 3, § 18, emerg. eff. March 6, 1996; Laws 1997, c. 296,

§ 1, eff. Sept. 1, 1997; Laws 1998, c. 230, § 3, eff. Nov. 1, 1998;

Laws 1999, c. 1, § 30, emerg. eff. Feb. 24, 1999; Laws 2002, c. 438,

§ 4, eff. July 1, 2002; Laws 2005, c. 405, § 8, eff. July 1, 2005;

Laws 2010, c. 55, § 1, eff. Nov. 1, 2010; Laws 2012, c. 304, § 695;

Laws 2016, c. 31, § 1, emerg. eff. April 11, 2016; Laws 2019, c. 80,

§ 1, eff. Nov. 1, 2019; Laws 2025, c. 199, § 5, eff. Nov. 1, 2025.

NOTE: Laws 1985, c. 283, § 5 repealed by Laws 1991, c. 335, § 37,

emerg. eff. June 15, 1991. Laws 1994, c. 242, § 47 repealed by Laws

1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1995, c. 1, § 29

repealed by Laws 1995, c. 260, § 3, eff. July 1, 1995. Laws 1995,

c. 260, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6,

1996. Laws 1998, c. 203, § 3 repealed by Laws 1999, c. 1, § 45,

emerg. eff. Feb. 24, 1999.

§74-18c-2.

Repealed by Laws 1995, c. 180, § 2, eff. July 1, 1995.

§74-18d. District attorneys, aiding and requiring aid of.

The Attorney General shall have authority to require the aid and

assistance of district attorneys in their respective counties in the

matters hereinbefore enumerated and may in any case brought to the

Oklahoma Statutes - Title 74. State Government

Supreme Court or Criminal Court of Appeals from their respective

counties demand and receive the assistance of the district attorney

from whose county such case is brought. Any district attorney

desiring the assistance of the Attorney General in any matter shall

request the Governor for such assistance, and upon receiving the

direction of the Governor to render such assistance, the Attorney

General shall proceed immediately, compatible with the performance

of his own duties to render the assistance.

Laws 1939, p. 46, § 5.

§74-18e. Criminal actions - Quo warranto - Appearance before grand

juries.

In addition to the above powers and duties, the Attorney General

shall, when requested by the Governor, have power and authority to

institute and prosecute criminal actions and actions in the nature

of quo warranto; and shall, when requested by the Governor,

compatible with the performance of his other duties, appear before

and assist grand juries in their investigations.

Laws 1939, p. 47, § 6.

§74-18f. Investigations.

The Attorney General shall have authority to conduct

investigations and it shall be the duty of the Department of Public

Safety of the State of Oklahoma, when so directed by the Governor of

the State of Oklahoma, to furnish him with investigators from the

personnel of said Department, to assist in such investigations and

to assemble evidence for the Attorney General in any cases to be

tried or in any matters to be investigated. Likewise, it shall be

the duty of the State Auditor and Inspector, upon request of the

Attorney General, to furnish him with experienced auditors and/or

accountants from the personnel of his department to make audits and

check records for the Attorney General in any case to be tried or in

any matter being investigated by the Attorney General. The cost of

such services shall be borne by the entity audited.

Added by Laws 1939, p. 47, § 7, emerg. eff. April 21, 1939. Amended

by Laws 1979, c. 30, § 136, emerg. eff. April 6, 1979; Laws 1997, c.

136, § 2, eff. July 1, 1997.

§74-18g. Appearance not waiver of immunity of State.

The appearance of the Attorney General in any matter, proceeding or

action in any court, before any commission, board or officer, shall

not be construed to waive the immunity of the State of Oklahoma from

being sued.

Laws 1939, p. 49, § 13.

§74-18l. Collection of fees for legal services from certain

agencies.

Oklahoma Statutes - Title 74. State Government

The Office of the Attorney General may levy and collect a

reasonable fee from the Department of Consumer Credit, the Office of

Management and Enterprise Services, the Teachers' Retirement System

of Oklahoma, the Oklahoma Public Employees Retirement System, the

Oklahoma Development Finance Authority, the Oklahoma Industrial

Finance Authority, the Oklahoma Student Loan Authority, the

Department of Mental Health and Substance Abuse Services, the

Oklahoma Health Care Authority, the Board of Regents of Oklahoma

Colleges, the Oklahoma State Regents for Higher Education, the

Oklahoma Department of Career and Technology Education, the Oklahoma

Department of Veterans Affairs, the State Fire Marshal Commission,

the Commission on Children and Youth, the Oklahoma Department of

Agriculture, Food, and Forestry, the Oklahoma Human Rights

Commission, the Oklahoma Law Enforcement Retirement System, the

Oklahoma Police Pension and Retirement System, the Oklahoma Tourism

and Recreation Department, and the Department of Rehabilitation

Services for the purpose of providing legal services requested by

such entities. All fees collected in accordance with the provisions

of this section shall be deposited in the Attorney General's

Revolving Fund created pursuant to Section 20 of this title.

Added by Laws 1987, c. 203, § 8, operative July 1, 1987. Amended by

Laws 1989, c. 228, § 9, operative July 1, 1989; Laws 1990, c. 270, §

2, eff. Sept. 1, 1990; Laws 1991, c. 335, § 29, emerg. eff. June 15,

1991; Laws 1993, c. 10, § 13, emerg. eff. March 21, 1993; Laws 1994,

c. 282, § 6, eff. July 1, 1994; Laws 1995, c. 1, § 30, emerg. eff.

March 2, 1995; Laws 2001, c. 33, § 168, eff. July 1, 2001; Laws

2012, c. 304, § 696.

NOTE: Laws 1990, c. 264, § 7 repealed by Laws 1991, c. 282, § 13,

eff. July 1, 1991 and Laws 1991, c. 335, § 36, emerg. eff. June 15,

1991. Laws 1991, c. 282, § 8 repealed by Laws 1993, c. 10, § 16,

emerg. eff. March 21, 1993. Laws 1994, c. 280, § 7 repealed by Laws

1995, c. 1, § 40, emerg. eff. March 2, 1995.

§74-18m-1.

Repealed by Laws 2013, c. 208, § 170, eff. Feb. 1, 2014.

§74-18m-2.

Repealed by Laws 2013, c. 208, § 170, eff. Feb. 1, 2014.

§74-18n-1. Insurance Fraud Unit.

A. There is hereby created within the Office of the Attorney

General an Insurance Fraud Unit.

B. The Insurance Fraud Unit, upon inquiry or complaint or upon

referral from the Insurance Department, shall determine the extent,

if any, to which a violation has occurred of any statute or

administrative rule of this state pertaining to insurance fraud and

may initiate any necessary investigation, civil action, criminal

action, referral to the Insurance Commissioner or Insurance

Department, referral to a district attorney, or referral to any

Oklahoma Statutes - Title 74. State Government

appropriate official of this or any other state or of the federal

government.

C. In the absence of fraud, bad faith, reckless disregard for

the truth, or actual malice, no person, insurer, or agent of an

insurer shall be liable for damages in a civil action or subject to

criminal prosecution for supplying information about suspected

insurance fraud to the Insurance Fraud Unit of the Office of the

Attorney General or any other agency involved in the investigation

or prosecution of suspected insurance fraud.

D. The Attorney General and the Office of the Attorney General,

the Insurance Commissioner, the Insurance Department, every district

attorney, and every law enforcement agency shall cooperate and

coordinate efforts for the investigation and prosecution of

suspected insurance fraud.

Added by Laws 1999, c. 344, § 5, emerg. eff. June 8, 1999.

§74-18n-2. Power of Attorney General to investigate insurance fraud

– Confidentiality of records.

A. If the Attorney General or a designee has reason to believe

as a result of inquiry or complaint or as a result of referral from

the Insurance Department that a person has engaged in or is engaging

in an act or practice that violates any administrative rule or

statute pertaining to Insurance Fraud, the Attorney General or a

designee shall have all the powers of a district attorney.

B. Nothing in this section shall be construed to waive, limit

or impair any evidentiary privilege recognized by law.

C. As used in this section, “records” include, but are not

limited to, anything for which a request to produce may be served

pursuant to Section 3234 of Title 12 of the Oklahoma Statutes.

D. Records, documents, reports and evidence obtained or created

by the Office of the Attorney General as a result of insurance

fraud, including workers’ compensation insurance fraud, shall be

confidential and shall not be subject to the Oklahoma Open Records

Act or to outside review or release by any individual. An employee

of the Attorney General’s Office may disclose, at the discretion of

the Attorney General, such investigative information to officers and

agents of federal, state, county or municipal law enforcement

agencies, to the Insurance Commissioner or Insurance Department, and

to district attorneys, in the furtherance of criminal investigations

within their respective jurisdictions.

Added by Laws 1999, c. 344, § 6, emerg. eff. June 8, 1999.

§74-18p-1. Victims Services Unit.

A. There is hereby created within the Office of the Attorney

General a Victims Services Unit.

Oklahoma Statutes - Title 74. State Government

B. The duty of the Unit is to provide services for persons who

require domestic violence or sexual assault services through a

domestic violence or sexual assault program.

C. As used in this act, “domestic violence program” or “sexual

assault program” means an agency, organization, facility, or person

that offers, provides or engages in the offering of any shelter,

residential services or support services to:

1. Victims or survivors of domestic abuse as defined in Section

60.1 of Title 22 of the Oklahoma Statutes, any dependent children of

such victim or survivor, and any other member of the family or

household of such victim or survivor;

2. Victims or survivors of sexual assault;

3. Persons who are homeless as a result of domestic abuse or

sexual assault or both domestic abuse and sexual assault; and

4. Victims of stalking,

and which may provide other services including, but not limited to,

counseling, case management, referrals or other similar services to

victims or survivors of domestic abuse, sexual assault or stalking.

D. As used in this act, “batterers intervention program” or

“batterers treatment program” means an agency, organization,

facility, or person who offers, provides or engages in the offering

of counseling or intervention services to persons who commit

domestic abuse.

E. For any county in which there is more than one sexual

assault program, domestic violence program, or batterers

intervention program and one or more of the programs operates a

shelter program, only the program or programs operating a shelter

program shall receive grants or funding from the Victim Services

Unit collected pursuant to subsection F of Section 153 of Title 28

of the Oklahoma Statutes and Section 2368.22 of Title 68 of the

Oklahoma Statutes.

Added by Laws 2005, c. 348, § 1, eff. July 1, 2005. Amended by Laws

2007, c. 156, § 6, eff. Nov. 1, 2007; Laws 2024, c. 453, § 2, eff.

July 1, 2024.

§74-18p-2. Domestic Violence and Sexual Assault Advisory Council.

A. There is hereby re-created, to continue until July 1, 2013,

in accordance with provisions of the Oklahoma Sunset Law, the

Domestic Violence and Sexual Assault Advisory Council. The Council

shall be a nine-member committee appointed by the Attorney General.

B. Four of the members shall be selected from a list of eight

nominees provided by the Oklahoma Coalition on Domestic Violence and

Sexual Assault and five of the members shall be selected by the

Attorney General from the State of Oklahoma at large; provided, that

of the members selected by the Attorney General from the state at

large, one member shall be a representative of any domestic violence

programs funded through or by the Attorney General, and one member

Oklahoma Statutes - Title 74. State Government

shall be a citizen of this state with expertise in the area of

sexual assault services.

C. The Council shall select a chair annually. Appointment to

the Council shall be for two (2) years. The Attorney General shall

appoint persons to fill unexpired terms when necessary.

D. The duties of the Council shall be to review rules and

overall policies relating to the operation and funding of domestic

violence and sexual assault programs in this state and make

recommendations to the Attorney General regarding its findings.

Added by Laws 2005, c. 348, § 2, eff. July 1, 2005. Amended by Laws

2009, c. 23, § 1.

§74-18p-3. Contracts for shelter and services - Disclosure of case

records, shelter locations or board member information.

A. The Attorney General is hereby authorized and directed to

enter into agreements and to contract for the shelter and other

services that are needed for victims of domestic abuse, sexual

assault or batterers intervention programs. Any domestic violence,

sexual assault or batterers intervention program providing services

pursuant to certification by the Attorney General or a contract or

subcontract with the Attorney General and receiving funds from the

Attorney General or any contractor with the Attorney General shall

be subject to the provisions of the administrative rules of the

Attorney General.

B. 1. Except as otherwise provided by paragraph 3 of this

subsection, the case records, case files, case notes, client

records, or similar records of a domestic violence or sexual assault

program certified by the Attorney General or of any employee or

trained volunteer of a program regarding an individual who is

residing or has resided in such program or who has otherwise

utilized or is utilizing the services of any domestic violence or

sexual assault program or counselor shall be confidential and shall

not be disclosed.

2. For purposes of this subsection, the term "client records"

shall include, but not be limited to, all communications, records,

and information regarding clients of domestic violence and sexual

assault programs.

3. The case records, case files, or case notes of programs

specified in paragraph 1 of this subsection shall be confidential

and shall not be disclosed except with the written consent of the

individual, or in the case of the individual’s death or disability,

of the individual’s personal representative or other person

authorized to sue on the individual’s behalf or by court order for

good cause shown by the judge in camera.

C. The district court shall not order the disclosure of the

address of a domestic violence shelter, the location of any person

seeking or receiving services from a domestic violence or sexual

Oklahoma Statutes - Title 74. State Government

assault program, or any other information which is required to be

kept confidential pursuant to subsection B of this section.

D. The home address, personal telephone numbers and social

security number of board members, staff and volunteers of certified

domestic violence and sexual assault programs shall not be construed

to be open records pursuant to the Oklahoma Open Records Act.

Added by Laws 2005, c. 348, § 3, eff. July 1, 2005. Amended by Laws

2007, c. 156, § 7, eff. Nov. 1, 2007.

§74-18p-4. Minor mothers.

A. As used in this section, “minor mother” means an

unemancipated female under the age of eighteen (18) years of age who

is pregnant or the biological parent of any child.

B. A domestic violence shelter facility may provide shelter and

care to a minor mother, who is the victim of domestic abuse or is

seeking relief from domestic abuse for herself or on behalf of any

of her children or both herself and any of her children.

C. A domestic violence shelter facility may provide shelter or

care only during an emergency constituting an immediate danger to

the physical health or safety of the minor mother or her child or

both the minor mother and any of her children. Such shelter or care

shall not extend beyond thirty (30) days unless the facility

receives an order issued by the court to continue such services or

the parent or guardian of the minor mother consents to such

services.

D. The provisions of Section 856 of Title 21 of the Oklahoma

Statutes shall not apply to any domestic violence shelter facility

and any person operating such facility who in good faith is

providing shelter and care pursuant to the provisions of this

section to a minor mother and any of her children who is a runaway

from her parent or legal guardian.

E. The emergency custody hearing provided for in Section 1-4202 of Title 10A of the Oklahoma Statutes shall be provided for a

minor mother who is seeking relief from domestic abuse for herself

or on behalf of any of the her children.

Added by Laws 2005, c. 348, § 4, eff. July 1, 2005. Amended by Laws

2009, c. 234, § 159, emerg. eff. May 21, 2009.

§74-18p-5. Statewide telephone communication service for victims.

The Office of the Attorney General shall be responsible for the

development, maintenance and operation of a twenty-four-hour

statewide telephone communication service for the victims of rape,

forcible sodomy and domestic violence. The purpose of the service

is to provide information to such victim regarding any immediate

action which should be taken by the victim, the social services

available, and the legal rights and remedies of the victim.

Added by Laws 2005, c. 348, § 5, eff. July 1, 2005.

Oklahoma Statutes - Title 74. State Government

§74-18p-6. Promulgation of rules - Certification - Exemptions Standards for facilities and programs - Application fees.

A. Effective July 1, 2005, all administrative rules promulgated

by the Department of Mental Health and Substance Abuse Services

relating to domestic violence and sexual assault programs shall be

transferred to and become a part of the administrative rules of the

Office of the Attorney General. The Office of Administrative Rules

in the Secretary of State’s office shall provide adequate notice in

the Oklahoma Register of the transfer of such rules, and shall place

the transferred rules under the Administrative Code section of the

Attorney General. Such rules shall continue in force and effect as

rules of the Office of the Attorney General from and after July 1,

2005, and any amendment, repeal or addition to the transferred rules

shall be under the jurisdiction of the Attorney General.

B. The Attorney General shall adopt and promulgate rules and

standards for certification of batterers intervention and domestic

violence programs and for private facilities and organizations which

offer domestic and sexual assault services in this state. These

facilities shall be known as "certified domestic violence shelters"

or "certified domestic violence programs" or "certified sexual

assault programs" or "certified treatment programs for batterers",

as applicable.

C. Applications for certification as a certified domestic

violence shelter, domestic violence program, sexual assault program

or treatment program for batterers, pursuant to the provisions of

this section, shall be made to the Office of the Attorney General on

prescribed forms. The Attorney General may certify the shelter or

program for a period of three (3) years subject to renewal as

provided in the rules promulgated by the Attorney General. Nothing

in this section shall preclude the Office of the Attorney General

from making inspection visits to a shelter or program to determine

contract or program compliance.

D. Licensed physicians, licensed psychologists, licensed social

workers, individual members of the clergy, licensed marital and

family therapists, licensed behavioral practitioners, and licensed

professional counselors shall be exempt from certification

requirements; provided, however, these exemptions shall only apply

to individual professional persons in private practice and not to

any domestic violence program or sexual assault program operated by

such person.

E. Facilities providing services for persons who commit

domestic abuse, victims or survivors of domestic abuse or sexual

assault and any dependent children of such victims or survivors

shall comply with standards promulgated by the Attorney General;

provided, that the certification requirements and standards

promulgated by the Attorney General shall not apply to programs and

Oklahoma Statutes - Title 74. State Government

services offered by the Department of Health, the Department of

Mental Health and Substance Abuse Services, the Department of

Corrections or the Department of Human Services. The batterers

intervention, domestic violence or sexual assault programs certified

pursuant to the provisions of this section shall cooperate with

inspection personnel of this state and shall promptly file all

reports required by the Attorney General. Failure to comply with

rules and standards of the Attorney General shall be grounds for

revocation of certification, after proper notice and hearing.

F. The Attorney General is hereby authorized to collect from

each applicant the sum of One Hundred Fifty Dollars ($150.00) to

help defray the costs incurred in the certification process.

Added by Laws 2005, c. 348, § 6, eff. July 1, 2005. Amended by Laws

2007, c. 156, § 8, eff. Nov. 1, 2007.

§74-18p-7. Injunctions.

A. The Attorney General or any district attorney, in such

person’s discretion, may bring an action for an injunction against

any batterers intervention, domestic violence program or sexual

assault program found to be in violation of the provisions of this

title or of any order or determination of the Attorney General.

B. In any action for an injunction brought pursuant to this

section, any findings of the Attorney General or district attorney,

after hearing and due notice, shall be prima facie evidence of the

facts found therein.

Added by Laws 2005, c. 348, § 7, eff. July 1, 2005. Amended by Laws

2007, c. 156, § 9, eff. Nov. 1, 2007.

§74-18p-8. Oversight by Attorney General - Collection and

confidentiality of information records.

A. The Office of the Attorney General shall have the authority

to collect information sufficient to meet its responsibilities

related to oversight, management, evaluation, performance

improvement and auditing of domestic violence and sexual assault

services and combating and preventing domestic violence and sexual

assault in this state.

B. The individual forms, computer and electronic data, and

other forms of information collected by and furnished to the

Attorney General shall be confidential and shall not be public

records as defined in the Oklahoma Open Records Act.

C. Except as otherwise provided by state and federal

confidentiality laws, identifying information shall not be disclosed

and shall not be used for any public purpose other than the creation

and maintenance of anonymous datasets for statistical reporting and

data analysis.

Added by Laws 2005, c. 348, § 8, eff. July 1, 2005.

Oklahoma Statutes - Title 74. State Government

§74-18p-9. Crime victim and witness notification and victim

protective order system.

A. The Attorney General may establish a crime victim and

witness notification and victim protective order system to assist

public officials in carrying out their duties to notify and inform

crime victims and witnesses as the Attorney General specifies by

rule. The system shall download necessary information from

participating officials into its computers, where it shall be

maintained, updated, and automatically transmitted to victims and

witnesses by telephone, computer, or written notice.

B. The Department of Corrections, the Pardon and Parole Board,

and each county sheriff office within the state shall cooperate with

the Attorney General in the implementation of this section and shall

provide information as necessary to the effective operation of the

system.

C. District attorneys and local law enforcement and other

authorities may enter into agreements with the Attorney General for

participation in the system. The Attorney General may provide those

who elect to participate with the equipment, software, or training

necessary to bring their offices into the system.

D. The Attorney General may provide for telephonic, electronic,

or other public access to the database established under this

section.

E. This section does not limit any rights or responsibilities

otherwise enjoyed by or imposed upon victims or witnesses of violent

crimes, nor does it grant any person a cause of action for damages

or attorney fees. Any act of omission or commission by any law

enforcement officer or district attorney, by the Attorney General,

Department of Corrections, Pardon and Parole Board, or other state

agency, or private entity under contract with the state, or by any

employee of any state agency or private entity under contract with

the state acting in good faith in rendering crime victim’s

assistance or otherwise enforcing this section shall not impose

civil liability upon the individual or entity or his or her

supervisor or employer. Nothing in this section shall create a

basis for vacating a conviction or a ground for appellate relief in

any criminal case. Failure of the crime victim to receive notice as

required, however, shall not deprive the court of the power to act

regarding the proceeding before it; nor shall any such failure grant

the defendant the right to seek a continuance.

Added by Laws 2006, c. 130, § 3, emerg. eff. May 9, 2006.

§74-18p-10. Oklahoma Witness Protection Program.

A. The Office of the Attorney General is hereby authorized to

establish an Oklahoma Witness Protection Program and is authorized

to use monies from the Attorney General's Evidence Fund created

pursuant to Section 19 of this title or from federal grants for the

Oklahoma Statutes - Title 74. State Government

implementation of the Program. The Witness Protection Program may

be made available to witnesses who are actively aiding in the

prosecution of dangerous perpetrators and who are in danger of

bodily harm or death by participating in the prosecution. The

Attorney General shall administer the Oklahoma Witness Protection

Program.

B. Funds may be provided for the support of a participant in

the Witness Protection Program. Support may include, but shall not

be limited to, temporary living costs, moving expenses, rent,

security deposits, or other appropriate expenses of relocation or

transition.

C. The Attorney General is authorized to promulgate rules

necessary to implement the Oklahoma Witness Protection Program.

Added by Laws 2012, c. 176, § 3, eff. Nov. 1, 2012.

§74-18q. State Reserved Powers Protection Unit.

There is hereby created within the Office of the Attorney

General a State Reserved Powers Protection Unit to monitor and

evaluate any action by the federal government including, but not

limited to, executive orders by the President of the United States,

rules or regulations promulgated by an agency of the federal

government or acts of Congress to determine if such actions are in

violation of the Tenth Amendment to the Constitution of the United

States. If review by the Unit of any such action by the federal

government concludes that the action is an infringement on state

authority under the Tenth Amendment, the Attorney General shall

determine whether the state should seek an exemption from the

application of the action or seek to have the action declared

unconstitutional.

Added by Laws 2021, c. 530, § 2, eff. July 1, 2021.

§74-18q-1. Federal Overreach and Extraordinary Litigation Revolving

Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Office of the Attorney General to be designated the

"Federal Overreach and Extraordinary Litigation Revolving Fund".

The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies eligible and designated

for deposit by law. All monies accruing to the credit of the fund

are hereby appropriated and may be budgeted and expended by the

Office of the Attorney General for the purposes of addressing

federal overreach. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

Oklahoma Statutes - Title 74. State Government

B. For purposes of this section, the term "addressing federal

overreach" includes efforts by the Office of the Attorney General

related to:

1. Duties assigned pursuant to paragraph 24 of subsection A of

Section 18b of Title 74 of the Oklahoma Statutes;

2. The State Reserved Powers Protection Unit created pursuant

to Section 18q of Title 74 of the Oklahoma Statutes; and

3. Extraordinary litigation and other expenses related to any

of the following: foreign threats, interstate crime, terrorist

organizations, gross violations of public trust, and statewide

public safety.

Added by Laws 2024, c. 312, § 1, eff. July 1, 2024.

§74-18r. Human Trafficking Response Unit.

There is hereby created within the Office of the Attorney

General the Human Trafficking Response Unit, which shall:

1. Maintain data in a central location on human trafficking

that shall be shared with law enforcement, criminal justice

entities, social service agencies, and victim services programs and

document information including, but not limited to, offenders,

locations, victims, types of trafficking, and trafficking

techniques. Provided, however, that any personal identifying

information shall be de-identified using tokens or a similar method

prior to the sharing of data in order to protect individuals'

privacy rights;

2. Develop training programs that address prevention efforts

and best practices on identifying and assisting victims of human

trafficking and support agencies in identifying at-risk environments

for human trafficking;

3. Review current state agency policies to ensure they include

best practices to identify human trafficking victims and encourage

reporting;

4. Create an incentive program to encourage state agencies to

have personnel attend training programs and review policies;

5. Appropriate targeted funding for victim services programs;

and

6. Publish public service announcements on various media

platforms to educate the public about the dangers of human

trafficking.

Added by Laws 2022, c. 296, § 2, eff. July 1, 2022.