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ENGROSSED HOUSE
BILL NO. 4227 By: Kannady and Miller of the
House
and
Weaver of the Senate
An Act relating to child sexual abuse; creating the
Cindy Clemishire Act; creating Trey's Law;
prohibiting the concealing of details relating to
certain claims; requiring confidentiality of certain
identifying information; making prohibitions
applicable to agreements entered into on certain
date; providing exceptions; amending 22 O.S. 2021,
Section 40.3A, which relates to reports of sexual
crimes; modifying scope of reporting requirement
exception; amending 22 O.S. 2021, Section 152, as
last amended by Section 1, Chapter 115, O.S.L. 2025
(22 O.S. Supp. 2025, Section 152), which relates to
criminal procedure; authorizing the prosecution of
sexual crimes against children to be brought at any
time; providing for noncodification; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
Sections 4 and 5 of this act shall be known and may be cited as
the "Cindy Clemishire Act".
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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Section 3 of this act shall be known and may be cited as "Trey's
Law".
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3020 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Notwithstanding any other provision of law, any provision of
a settlement agreement that has the purpose or effect of concealing
the details relating to a claim of child sexual abuse, as defined in
Section 843.5 of Title 21 of the Oklahoma Statutes, or child sexual
exploitation, as defined in Section 1-1-105 of Title 10A of the
Oklahoma Statutes, and including such offenses set forth in Title 21
of the Oklahoma Statutes, is void and unenforceable as contrary to
the public policy of this state. Provided, however, that
identifying information concerning a victim of child sexual abuse or
child sexual exploitation shall be deemed and maintained as
confidential.
B. Subject to subsection C of this section, subsection A of
this section shall apply to an agreement entered into before, on, or
after the effective date of this act.
C. An individual or entity may not enforce or attempt to
enforce an agreement or a provision of an agreement described by
subsection A of this section and entered into before the effective
date of this act unless:
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1. A cause of action related to the agreement was initiated
prior to the effective date of this act; and
2. The individual or entity obtains a declaratory judgment that
is final and not subject to appeal and declares that the agreement
or provision is enforceable.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 40.3A, is
amended to read as follows:
Section 40.3A. A. Any physician, surgeon, resident, intern,
physician assistant, registered nurse, or any other health care
professional examining, attending, or treating the victim of what
appears to be or is reported by the victim to be rape, rape by
instrumentation, or forcible sodomy, as defined in Section 1111,
1111.1 or 888 of Title 21 of the Oklahoma Statutes or any form of
sexual assault, shall not be required to report any incident of what
appears to be or is reported to be such crimes if:
1. Committed upon a person who is over the age of eighteen (18)
years; and
2. The person and is not an incapacitated adult; or
2. Committed between minors, as revealed during the course of a
medical history review, without evidence or a report of coercion,
exploitation, threat, or intimidation.
B. Any physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating a victim shall be required to
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report any incident of what appears to be or is reported to be rape,
rape by instrumentation, forcible sodomy, or any form of sexual
assault, if requested to do so either orally or in writing by the
victim and shall be required to inform the victim of the victim’s
right to have a report made. A requested report of any incident
shall be promptly made orally or by telephone to the nearest law
enforcement agency in the county wherein the sexual assault occurred
or, if the location where the sexual assault occurred is unknown,
the report shall be made to the law enforcement agency nearest to
the location where the injury is treated.
C. In all cases of what appears to be or is reported to be
rape, rape by instrumentation, forcible sodomy, or any form of
sexual assault, the physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
such crimes, shall clearly and legibly document the incident and
injuries observed and reported, as well as any treatment provided or
prescribed.
D. In all cases of what appears to be or is reported to be
rape, rape by instrumentation, forcible sodomy, or any form of
sexual assault, the physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
rape, rape by instrumentation, forcible sodomy, or any form of
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sexual assault, shall refer the victim to sexual assault and victim
services programs, including providing the victim with twenty-four-
hour statewide telephone communication service established by
Section 18p-5 of Title 74 of the Oklahoma Statutes.
E. Every physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
making a report of rape, rape by instrumentation, forcible sodomy,
or any form of sexual assault pursuant to this section or examining
such victims to determine the likelihood of such crimes, and every
hospital or related institution in which the victims were examined
or treated shall, upon the request of a law enforcement officer
conducting a criminal investigation into the case, provide to the
officer copies of the results of the examination or copies of the
examination on which the report was based, and any other clinical
notes, X-rays, photographs, and other previous or current records
relevant to the case.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 152, as last
amended by Section 1, Chapter 115, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 152), is amended to read as follows:
Section 152. A. Prosecutions for the crimes of bribery,
embezzlement of public money, bonds, securities, assets or property
of the state or any county, school district, municipality or other
subdivision thereof, or of any misappropriation of public money,
bonds, securities, assets or property of the state or any county,
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school district, municipality or other subdivision thereof,
falsification of public records of the state or any county, school
district, municipality or other subdivision thereof, and conspiracy
to defraud the State of Oklahoma or any county, school district,
municipality or other subdivision thereof in any manner or for any
purpose shall be commenced within seven (7) years after the
discovery of the crime; provided, however, prosecutions for the
crimes of embezzlement or misappropriation of public money, bonds,
securities, assets or property of any school district, including
those relating to student activity funds, or the crime of
falsification of public records of any independent school district,
the crime of criminal conspiracy, the crime of embezzlement pursuant
to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
the crime of False Personation or Identity Theft pursuant to
Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
the financial exploitation of a vulnerable adult pursuant to
Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
Statutes, or Medicaid fraud pursuant to Section 1005 of Title 56 of
the Oklahoma Statutes, shall be commenced within five (5) years
after the discovery of the crime.
B. Prosecutions for criminal violations of any state income tax
laws shall be commenced within five (5) years after the commission
of such violation.
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C. 1. Prosecutions for sexual crimes against children,
specifically rape or forcible sodomy, sodomy, lewd or indecent
proposals or acts against children, involving minors in pornography
pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,
1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, any
offense prohibited by Section 843.5 of Title 21 of the Oklahoma
Statutes, sexual abuse of a vulnerable adult pursuant to Section
843.1 of Title 21 of the Oklahoma Statutes, child trafficking
pursuant to Section 866 of Title 21 of the Oklahoma Statutes,
nonconsensual dissemination of private sexual images pursuant to
Section 1040.13b of Title 21, and failure to report abuse or neglect
pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes
shall may be commenced by the forty-fifth birthday of the alleged
victim at any time after the commission of the offense. Any offense
for which the prosecution is not time-barred upon the effective date
of this act shall be subject to the provisions of this subsection.
Prosecutions for such crimes committed against victims eighteen (18)
years of age or older shall be commenced within twenty (20) years
after the discovery of the crime. As used in this paragraph,
"discovery" means the date that a physical or sexually related crime
involving a victim eighteen (18) years of age or older is reported
to a law enforcement agency. Any offense for which the prosecution
is not time-barred upon the effective date of this act shall be
retroactively subject to the provisions of this subsection.
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2. However, prosecutions for the crimes listed in paragraph 1
of this subsection may be commenced at any time after the commission
of the offense if:
a. physical evidence is collected and preserved that is
capable of being tested to obtain a profile from
deoxyribonucleic acid (DNA), and
b. probable cause as to the identity of the offender is
subsequently established through the use of a DNA
profile using evidence listed in subparagraph a of
this paragraph, or
c. the accused person has provided a confession or
admission related to the crime.
3. No prosecution under this subsection shall be based upon the
memory of the victim that has been recovered through psychotherapy
unless there is some evidence independent of such repressed memory.
4. Any person who knowingly and willfully makes a false claim
pursuant to this subsection or a claim that the person knows lacks
factual foundation may be reported to local law enforcement for
criminal investigation and, upon conviction, shall be guilty of a
felony.
D. Prosecutions for criminal violations of any provision of the
Oklahoma Wildlife Conservation Code shall be commenced within three
(3) years after the commission of such offense.
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E. Prosecutions for the crime of criminal fraud or workers'
compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
of Title 21 of the Oklahoma Statutes shall commence within three (3)
years after the discovery of the crime, but in no event greater than
seven (7) years after the commission of the crime.
F. Prosecution for the crime of false or bogus check pursuant
to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the
Oklahoma Statutes shall be commenced within five (5) years after the
commission of such offense.
G. Prosecution for the crime of solicitation for murder in the
first degree pursuant to Section 701.16 of Title 21 of the Oklahoma
Statutes shall be commenced within seven (7) years after the
discovery of the crime. For purposes of this subsection,
"discovery" means the date upon which the crime is made known to
anyone other than a person involved in the solicitation.
H. In all other cases a prosecution for a public offense must
be commenced within three (3) years after its commission.
I. Prosecution for the crime of accessory after the fact must
be commenced within the same statute of limitations as that of the
felony for which the person acted as an accessory.
J. Prosecution for the crime of arson pursuant to Section 1401,
1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
be commenced within seven (7) years after the commission of the
crime.
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K. Prosecutions for criminal violations in which a deadly
weapon is used to commit a felony or prosecutions for criminal
violations in which a deadly weapon is used in an attempt to commit
a felony shall be commenced within seven (7) years after the
commission of the crime.
L. Prosecutions for the crime of human trafficking pursuant to
Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
within three (3) years after discovery of the crime. For purposes
of this subsection, "discovery" means the date upon which the crime
is reported to a law enforcement agency.
SECTION 6. This act shall become effective November 1, 2026.
Passed the House of Representatives the 17th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate