HB 1401 Summary

• Establishes the Oklahoma Child Protection Act to strengthen child sexual abuse reporting requirements by mandating health practitioners, educators, clergy, law enforcement, and other professionals to report suspected abuse or sexual crimes against children to the Department of Human Services within 48 hours.

• Requires physicians performing abortions on children under 14 years of age to preserve and submit fetal tissue to the Oklahoma State Bureau of Investigation, with the Attorney General establishing rules for tissue handling, DNA testing, documentation, and law enforcement communication.

• Prohibits any person from intentionally assisting a child in obtaining an abortion without required parental notice and consent, creating civil liability for damages including emotional injury, attorney fees, and punitive damages.

• Makes failure to report child abuse or sexual crimes a misdemeanor offense for mandatory reporters; makes violations of fetal tissue preservation requirements a misdemeanor for first offense and a felony for subsequent convictions.

• Allows courts to issue injunctions against conduct violating the act and permits the Legislature to appoint sponsoring members to intervene in constitutional challenges to the law; effective November 1, 2011.