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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1569 By: Rosino
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 40.3A, which relates to reporting
of rape, sodomy, or sexual assault incidents;
broadening certain exception from specified reporting
requirements; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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
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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
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
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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
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.
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SECTION 2. This act shall become effective September 1, 2026.
60-2-3408 DC 1/12/2026 7:53:09 PM