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ENGR. H. B. NO. 4425 Page 1
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ENGROSSED HOUSE
BILL NO. 4425 By: Hilbert of the House
and
Logan of the Senate
An Act relating to torts; creating the Good Faith
Reporting for Child Protection Act; amending 76 O.S.
2021, Section 31, which relates to immunity from
civil liability for volunteers, charitable
organizations, and not-for-profit corporations;
creating immunity for charitable organizations,
volunteers, and employees of charitable organizations
for disclosing sexually inappropriate conduct with a
minor to other charitable organizations or not-for-
profits under certain conditions; creating a
presumption of good faith if disclosure was made in
compliance with a reporting policy; excluding self-
reporting from immunity protections; defining term;
revising applicability date; providing for
noncodification; 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:
This act shall be known and may be cited as the "Good Faith
Reporting for Child Protection Act".
SECTION 2. AMENDATORY 76 O.S. 2021, Section 31, is
amended to read as follows:
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Section 31. A. Any volunteer shall be immune from liability in
a civil action on the basis of any act or omission of the volunteer
resulting in damage or injury if:
1. The volunteer was acting in good faith and within the scope
of the volunteer's official functions and duties for a charitable
organization or not-for-profit corporation; and
2. The damage or injury was not caused by gross negligence or
willful and wanton misconduct by the volunteer.
B. In any civil action against a charitable organization or
not-for-profit corporation for damages based upon the conduct of a
volunteer, the doctrine of respondeat superior shall apply,
notwithstanding the immunity granted to the volunteer in subsection
A of this section.
C. 1. Any charitable organization, volunteer, or employee of a
charitable organization shall be immune from liability in a civil
action for any act to disclose sexually inappropriate conduct with a
minor by the charitable organization, volunteer, or employee of a
charitable organization resulting in breach of contract, damages, or
injury if the charitable organization, volunteer, or employee of a
charitable organization:
a. was acting in good faith in the disclosure of sexually
inappropriate conduct with a minor to another
charitable organization or not-for-profit,
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b. the person who had sexually inappropriate conduct with
a minor was or is an employee or volunteer of the
disclosing charitable organization,
c. the disclosure was made in relation to the person's
current or prospective employment or volunteering with
the disclosed to charitable organization or not-for-
profit, and
d. reported the sexually inappropriate conduct with a
minor to a law enforcement agency or the Department of
Human Services within seventy-two (72) hours of
becoming aware of the sexually inappropriate conduct
with a minor.
2. A presumption of good faith shall arise if the disclosure
provided for in subparagraph a of paragraph 1 of this subsection was
made in compliance with a reporting policy adopted by the disclosing
charitable organization. The reporting policy shall include, but
not be limited to, defining actions or behaviors constituting
sexually inappropriate conduct with a minor.
3. The immunity provided for in this subsection shall not apply
to an individual disclosing his or her own conduct that constitutes
sexually inappropriate conduct with a minor.
D. Any person who, in good faith and without compensation, or
expectation of compensation, donates or loans emergency service
equipment to a volunteer shall not be liable for damages resulting
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from the use of such equipment by the volunteer, except when the
donor of the equipment knew or should have known that the equipment
was dangerous or faulty in a way which could result in bodily
injury, death, or damage to property.
D. E. Definitions.
1. For the purposes of this section, the term "volunteer" means
a person who enters into a service or undertaking of the person's
free will without compensation or expectation of compensation in
money or other thing of value in order to provide a service, care,
assistance, advice, or other benefit; provided, being legally
entitled to receive compensation for the service or undertaking
performed shall not preclude a person from being considered a
volunteer.
2. For the purposes of this section, the term "charitable
organization" means any benevolent, philanthropic, patriotic,
eleemosynary, educational, social, civic, recreational, religious
group or association, or any other person performing or purporting
to perform acts beneficial to the public.
3. For the purposes of this section, the term "not-for-profit
corporation" means a corporation formed for a purpose not involving
pecuniary gain to its shareholders or members, paying no dividends
or other pecuniary remuneration, directly or indirectly, to its
shareholders or members as such, and having no capital stock.
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4. For purposes of this section, the term "employee" means a
person who performs ministerial, supervisory, or staff services for
a charitable organization and is subject to the organization's
governance, direction, or authority in connection with those
services, regardless of tax classification. The term employee does
not include an independent contractor or third-party service
provider who retains control over the manner and means of performing
services.
E. F. The provisions of this section shall not affect the
liability that any person may have which arises from the operation
of a motor vehicle, watercraft, or aircraft in rendering the
service, care, assistance, advice, or other benefit as a volunteer.
Provided, however, the liability of any person with a current motor
vehicle insurance policy at the required minimum limits who
volunteers to provide transportation shall not exceed the limits of
such insurance policy, except for gross negligence or willful or
wanton conduct committed in providing such transportation. In no
event shall the limitation on liability provided under this
subsection apply to a person who does not possess a current motor
vehicle policy when providing transportation.
F. G. The immunity from civil liability provided for by
subsection A of this section shall extend only to the actions taken
by a person rendering the service, care, assistance, advice, or
other benefit as a volunteer, where such actions are agreed upon in
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advance by all involved persons to be provided on a volunteer basis.
This section shall not be construed to confer any immunity to any
person for actions taken by the volunteer prior to or after the
rendering of the service, care, assistance, advice, or other benefit
as a volunteer.
G. H. This section shall apply to all civil actions filed after
August 25, 1995 November 1, 2026.
SECTION 3. This act shall become effective November 1, 2026.
Passed the House of Representatives the 23rd day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate