Child sexual abuse; creating the Cindy Clemishire Act; creating Trey's Law. Effective date.

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ENGROSSED HOUSE AMENDMENT
TO
ENGROSSED SENATE BILL NO. 740 By: Daniels of the Senate

and

Kannady of the House

An Act relating to mental health; amending 43A O.S.
2021, Section 1-103, as last amended by Section 1,
Chapter 96, O.S.L. 2024 (43A O.S. Supp. 2024, Section
1-103), which relates to definitions; modifying
certain definitions; and providing an effective date.

AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:

"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

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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:
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

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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:
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:

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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
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

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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
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

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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,
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

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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.
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

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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.
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.

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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.
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.

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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.
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."

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Passed the House of Representatives the 7th day of May, 2026.

Presiding Officer of the House of
Representatives

Passed the Senate the ____ day of __________, 2026.

Presiding Officer of the Senate

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ENGROSSED SENATE
BILL NO. 740 By: Daniels of the Senate

and

Kannady of the House

An Act relating to mental health; amending 43A O.S.
2021, Section 1-103, as last amended by Section 1,
Chapter 96, O.S.L. 2024 (43A O.S. Supp. 2024, Section
1-103), which relates to definitions; modifying
certain definitions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 7. AMENDATORY 43A O.S. 2021, Section 1-103, as
last amended by Section 1, Chapter 96, O.S.L. 2024 (43A O.S. Supp.
2024, Section 1-103), is amended to read as follows:
Section 1-103. When used in this title, unless otherwise
expressly stated, or unless the context or subject matter otherwise
requires:
1. “Department” means the Department of Mental Health and
Substance Abuse Services;
2. “Chair” means the chair of the Board of Mental Health and
Substance Abuse Services;
3. “Mental illness” means a substantial disorder of thought,
mood, perception, psychological orientation or memory that

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significantly impairs judgment, behavior, capacity to recognize
reality or ability to meet the ordinary demands of life;
4. “Board” means the Board of Mental Health and Substance Abuse
Services as established by the Mental Health Law;
5. “Commissioner” means the Commissioner of Mental Health and
Substance Abuse Services;
6. “Indigent person” means a person who does not have
sufficient assets or resources to support the person and to support
members of the family of the person lawfully dependent on the person
for support;
7. “Facility” means any hospital, school, building, house or
retreat, authorized by law to have the care, treatment or custody of
an individual with mental illness, drug or alcohol dependency,
gambling addiction, or an eating disorder including, but not limited
to, public or private hospitals, community mental health centers,
clinics, satellites, and community-based structured crisis centers;
provided, that facility shall not mean a child guidance center
operated by the State Department of Health;
8. “Consumer” means a person under care or treatment in a
facility pursuant to the Mental Health Law, or in an outpatient
status;
9. “Care and treatment” means medical care and behavioral
health services, as well as food, clothing and maintenance,
furnished to a person;

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10. Whenever in this law or in any other law, or in any rule or
order made or promulgated pursuant to this law or to any other law,
or in the printed forms prepared for the admission of consumers or
for statistical reports, the words “insane”, “insanity”, “lunacy”,
“mentally sick”, “mental disease” or “mental disorder” are used,
such terms shall have equal significance to the words “mental
illness”;
11. “Licensed mental health professional” means:
a. a psychiatrist who is a diplomate of the American
Board of Psychiatry and Neurology,
b. a psychiatrist who is a diplomate of the American
Osteopathic Board of Neurology and Psychiatry,
c. a physician licensed pursuant to the Oklahoma
Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklahoma Osteopathic Medicine
Act,
d. a clinical psychologist who is duly licensed to
practice by the State Board of Examiners of
Psychologists,
e. a professional counselor licensed pursuant to the
Licensed Professional Counselors Act,
f. a person licensed as a clinical social worker pursuant
to the provisions of the Social Worker’s Licensing
Act,

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g. a licensed marital and family therapist as defined in
the Marital and Family Therapist Licensure Act,
h. a licensed behavioral practitioner as defined in the
Licensed Behavioral Practitioner Act,
i. an advanced practice nurse as defined in the Oklahoma
Nursing Practice Act,
j. a physician’s assistant who is licensed in good
standing in this state, or
k. a licensed alcohol and drug counselor/mental health
(LADC/MH) as defined in the Licensed Alcohol and Drug
Counselors Act;
12. “Mentally incompetent person” means any person who has been
adjudicated mentally or legally incompetent by an appropriate
district court;
13. a. “Person requiring treatment” means a person who
because of his or her mental illness or drug or
alcohol dependency meets at least one of the
following:
(1) poses a substantial risk of immediate physical
harm to self as manifested by evidence or serious
threats of or attempts at suicide or other
significant self-inflicted bodily harm,
(2) poses a substantial risk of immediate physical
harm to another person or persons as manifested

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by evidence of violent behavior directed toward
another person or persons,
(3) has placed another person or persons in a
reasonable fear of violent behavior directed
towards such person or persons or serious
physical harm to them as manifested by serious
and immediate threats,
(4) is in a condition of severe deterioration that is
continuing, as has been observed within the
previous seventy-two (72) hour period such that,
without immediate intervention, there exists a
substantial risk that severe impairment or injury
will result to the person, or
(5) poses a substantial risk of immediate serious
physical injury harm to self or death as
manifested by evidence that the person is unable
to provide for and is not providing for his or
her basic physical needs.
b. To the extent it is reasonably available, the relevant
mental health or substance abuse history of the person
shall be considered and may be proffered as part of
the evidence to determine whether the person is a
person requiring treatment or an assisted outpatient.
The mental health or substance abuse history of the

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person shall not be the sole basis for this
determination.
c. Unless a person also meets the criteria established in
subparagraph a or b of this paragraph, “person
requiring treatment” or an “assisted outpatient” shall
not mean:
(1) a person whose mental processes have been
weakened or impaired by reason of advanced years,
dementia, or Alzheimer’s disease,
(2) a person with intellectual or developmental
disability as defined in Title 10 of the Oklahoma
Statutes,
(3) a person with seizure disorder, or
(4) a person with a traumatic brain injury, or
(5) a person who is homeless.
d. (1) A person who meets the criteria established in
this paragraph but who is medically unstable may
be discharged and transported in accordance with
Section 1-110 of this title. Alternatively, if
the facility holding the person is able to treat
the additional medical conditions of that person,
the facility may treat the additional medical
conditions in an effort to medically stabilize
the patient.

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(2) If the facility holding the person is unable to
treat the additional medical conditions of a
person who meets the criteria established in this
paragraph, the patient shall be discharged and
transported in accordance with Section 1-110 of
this title.
(3) All time elapsed during medical stabilization
tolls the twelve (12) hour time for an initial
assessment pursuant to paragraph 1 of subsection
A of Section 5-208 of this title, and the one-
hundred-twenty-hour emergency detention time
pursuant to paragraph 3 of subsection A of
Section 5-208 of this title;
14. “Petitioner” means a person who files a petition alleging
that an individual is a person requiring treatment or an assisted
outpatient;
15. “Executive director” means the person in charge of a
facility as defined in this section;
16. “Private hospital or facility” means any general hospital
maintaining a neuro-psychiatric unit or ward, or any private
hospital or facility for care and treatment of a person having a
mental illness, which is not supported by the state or federal
government. The term “private hospital” or “facility” shall not

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include nursing homes or other facilities maintained primarily for
the care of elderly and disabled persons;
17. “Individualized treatment plan” means a proposal developed
during the stay of an individual in a facility, under the provisions
of this title, which is specifically tailored to the treatment needs
of the individual. Each plan shall clearly include the following:
a. a statement of treatment goals or objectives, based
upon and related to a clinical evaluation, which can
be reasonably achieved within a designated time
interval,
b. treatment methods and procedures to be used to obtain
these goals, which methods and procedures are related
to each of these goals and which include specific
prognosis for achieving each of these goals,
c. identification of the types of professional personnel
who will carry out the treatment procedures including
appropriate medical or other professional involvement
by a physician or other health professional properly
qualified to fulfill legal requirements mandated under
state and federal law,
d. documentation of involvement by the individual
receiving treatment and, if applicable, the accordance
of the individual with the treatment plan, and

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e. a statement attesting that the executive director of
the facility or clinical director has made a
reasonable effort to meet the plan’s individualized
treatment goals in the least restrictive environment
possible closest to the home community of the
individual;
18. “Telemedicine” means technology-enabled health and care
management and delivery systems that extend capacity and access,
which includes:
a. synchronous mechanisms, which may include live
audiovisual interaction between a patient and a health
care professional or real-time provider to provider
consultation through live interactive audiovisual
means,
b. asynchronous mechanisms, which include store and
forward transfers, online exchange of health
information between a patient and a health care
professional and online exchange of health information
between health care professionals, but shall not
include the use of automated text messages or
automated mobile applications that serve as the sole
interaction between a patient and a health care
professional,
c. remote patient monitoring, and

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d. other electronic means that support clinical health
care, professional consultation, patient and
professional health-related education, public health
and health administration;
19. “Recovery and recovery support” means nonclinical services
that assist individuals and families to recover from alcohol or drug
problems. They include social support, linkage to and coordination
among allied service providers including but not limited to
transportation to and from treatment or employment, employment
services and job training, case management and individual services
coordination, life skills education, relapse prevention, housing
assistance, child care, and substance abuse education;
20. “Assisted outpatient” means a person who:
a. is either currently under the care of a facility
certified by the Department of Mental Health and
Substance Abuse Services as a Community Mental Health
Center, or is being discharged from the custody of the
Oklahoma Department of Corrections, or is being
discharged from a residential placement by the Office
of Juvenile Affairs,
b. is suffering from a mental illness,
c. is unlikely to survive safely in the community without
supervision, based on a clinical determination,

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d. has a history of lack of compliance with treatment for
mental illness that has:
(1) prior to the filing of a petition, at least twice
within the last thirty-six (36) months been a
significant factor in necessitating
hospitalization or treatment in a hospital or
residential facility including admission to a
community-based structured crisis center as
certified by the Oklahoma Department of Mental
Health and Substance Abuse Services, or receipt
of services in a forensic or other mental health
unit of a correctional facility, or a specialized
treatment plan for treatment of mental illness in
a secure juvenile facility or placement in a
specialized residential program for juveniles, or
(2) prior to the filing of the petition, resulted in
one or more acts of serious violent behavior
toward self or others or threats of, or attempts
at, serious physical harm to self or others
within the last twenty-four (24) thirty-six (36)
months,
e. is, as a result of his or her mental illness, unlikely
to voluntarily participate in outpatient treatment

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that would enable him or her to live safely in the
community,
f. in view of his or her treatment history and current
behavior, is in need of assisted outpatient treatment
in order to prevent a relapse or deterioration which
would be likely to result in serious harm to the
person or persons as defined in this section, and
g. is likely to benefit from assisted outpatient
treatment;
21. “Assisted outpatient treatment” means outpatient services
which have been ordered by the court pursuant to a treatment plan
approved by the court to treat an assisted outpatient’s mental
illness and to assist the person in living and functioning in the
community, or to attempt to prevent a relapse or deterioration that
may reasonably be predicted to result in suicide or the need for
hospitalization; and
22. “Urgent recovery clinic” means a clinic that offers
voluntary services aimed at the assessment and immediate
stabilization of acute symptoms of mental illness, alcohol and other
drug abuse, and emotional distress. Unless the person receiving
treatment consents to a longer duration or unless the person is
placed into emergency detention under Sections 5-206 through 5-209
of this title, no more than twenty-three (23) hours and fifty-nine

ENGR. S. B. NO. 740 Page 13
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(59) minutes of services may be provided to a consumer during one
episode of care at an urgent recovery clinic.
SECTION 8. This act shall become effective November 1, 2025.
Passed the Senate the 11th day of March, 2025.

Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________,
2025.

Presiding Officer of the House
of Representatives