A time to be still and know ...



Those of you following Cody's Law probably wondered why I suddenly went silent after the ceremonial bill signing with Governor Fallin in June. Well, I needed a break. The building emotions from the ups and downs of this process that has consumed the last six and a half years of my life have been more than I can name and I needed to step back for rest. I needed to be still for awhile and let God restore my soul.

The bill signing was as Senator Newberry put it, “A great day for Oklahoma.” It was pure elation, a feeling of great happiness and excitement. It was a celebration, and yet the ache was still present strangely intertwined with the joy. A mother never escapes the empty space in her heart a child’s death leaves behind no matter what good may come, or how much time passes.  I could see the same thing in Shari Mounce, Kaitlyn’s mom, when I looked into her eyes.  The pain is real and always present just below the surface. While I am filled with joy and a sense of satisfaction in knowing Cody’s Law is finally a statewide statute that will save teen’s lives and help protect other families from the addiction, destruction, and devastation that is enabled through social host homes; my son is still gone from this life on earth and I am left with an anxious sense of not knowing what to do, so I look to God and He calms my racing thoughts and emotions.

I was humbled and filled with gratitude to see all the prevention professionals, advocates, legislators, friends, parents and students at the bill signing who were supporting and working on this issue with me, even though for many, it was the first time we met face to face. I know many of you were working to address the issue of social hosting long before my son died, and before I personally experienced the tragic result one social host household could create. Words cannot express the respect, honor or thanks that you deserve, but from my heart I thank you for who you are, what you’ve chosen to stand for, and what you are doing for others through your life.

I am always surprised when people thank me and tell me that I am strong. I think to myself, they have no idea. When people say things like, “I don’t know how you do this.” or “I could never do what you’re doing.” I know it’s not me. In my own strength I could never do any of this. All glory, honor and praise belongs to my God who gives me the strength, courage and confidence to do what is needed when my flesh would rather fall apart and wallow the rest of my days in grief. God sees the before and after of every single time I stand before a group of people to tell my son’s story.  He knows the doubt, the fear, and He holds every tear I’ve ever cried when it is all over. As the words to an old Twyla Paris song say, “They don’t know that I go running home when I fall down. They don’t know who picks me up when no one is around. I drop my sword and look up for a smile, because deep inside this armor the warrior is a child.”

There was a time in my life when I thought I would not go on living if anything happened to one of my children. I believed I wouldn’t be able to live through it. I would simply stop breathing and my heart would stop beating ... but that did not happen. No matter how much I wanted to stop living to escape the pain, I kept waking up each day. Some of you, unfortunately, know what I'm talking about, and you also realize that it is in living through the pain of this life --when everything is totally and completely without a shadow of doubt beyond your control-- that you learn you must stop trying to understand everything because you can’t. Instead you either give in to the bitterness completely, or you use the faith you’ve been given and trust God. I choose to trust God.

“Trust in the Lord with all your heart; and lean not to your own understanding.” Proverbs 3:5

Again, thanks to each and every one of you who are warriors in this mission to save kid's lives. God bless you.

Cody's Law HB 1211

ENROLLED HOUSE

BILL NO. 1211                       By: Kirby, Steele, Osborn, Wright, Holland, Faught, Kern, Ortega, Nollan, Tibbs, Russ, Thomsen, Brumbaugh and Ritze of the House

                                               and

                                        Newberry, Simpson, David, Shortey and Brinkley of the Senate

An Act relating to intoxicating liquors; creating Cody's Law; amending Section 1, Chapter 312, O.S.L. 2006, as amended by Section 2, Chapter 365, O.S.L. 2007 (37 O.S. Supp. 2010, Section 8.2), which relates to underage drinking; modifying underage drinking prohibition; modifying punishment; amending <37> O.S. 2001, Sections 241>, as< >amended by Section <8>, Chapter <61>, O.S.L. 20<06 and <246>, as< >amended by Section <10>, Chapter <61>, O.S.L. 20<06> (<37> O.S. Supp. 2010, Sections 241 and <246>), which relate to low-point beer; allowing municipalities to enact and enforce ordinances subject to certain limitations; providing for noncodification; and providing an effective date.

SUBJECT:  Intoxicating liquors

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 "Cody's Law".

SECTION 2.     AMENDATORY     Section 1, Chapter 312, O.S.L. 2006, as amended by Section 2, Chapter 365, O.S.L. 2007 (37 O.S. Supp. 2010, Section 8.2), is amended to read as follows:

Section 8.2  A.  No person shall knowingly and willfully permit any individual under twenty-one (21) years of age who is an invitee to the person’s residence, any building, structure, or room owned, occupied, leased or otherwise procured by the person or on any land owned, occupied, leased or otherwise procured by the person, to possess or consume any alcoholic beverage as defined by Section 506 of Title 37 of the Oklahoma Statutes this title, any low-point beer as defined by Section 163.2 of this title, any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, or any combination thereof, in such place.

B.  Except as provided for in subsection C of this section, punishment for violation of this section shall be as follows:

1.  Any person who is convicted of a violation of the provisions of this section shall be deemed guilty of a misdemeanor for the first offense and be punished by a fine of not more than Five Hundred Dollars ($500.00);

2.  Any person who, within ten (10) years after previous convictions of a violation:

a.   of this section, or

b.   of the provisions of any law of another state prohibiting the offense provided for in subsection A of this section, or

c.   in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in subsection A of this section,

shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00);

3.  Any person who, within ten (10) years after two or more previous convictions of a violation:

a.   of this section, or

b.   of the provisions of any law of another state prohibiting the offense provided for in subsection A of this section, or

c.   in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in subsection A of this section, or

d.   or any combination of two or more thereof,

shall be guilty of a felony and shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by both such fine and imprisonment.

C.  Any person who violates this section, and such actions cause great bodily injury or the death of a person, shall, in addition to any other penalty provided by law, be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years, a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.

SECTION 3.     AMENDATORY     <37> O.S. 2001, Section <241>, as< >amended by Section <8>, Chapter <61>, O.S.L. 20<06> (<37> O.S. Supp. 2010, Section <241>), is amended to read as follows:

Section <241>.  A.  It shall be unlawful for any person to sell, barter, or give to any person under twenty-one (21) years of age any low-point beer, as defined in Section 163.2 of this title.

B.  It shall be unlawful for any person who holds a license to sell and dispense low-point beer for consumption on the premises, or any agent, servant, or employee of said license holder, to permit any person under twenty-one (21) years of age to be admitted to or remain in a separate or enclosed bar area of the licensed premises, which has as its main purpose the selling or serving of low-point beer for consumption on the premises.  The provisions of this section shall not prohibit persons under twenty-one (21) years of age from being admitted to an area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose, as long as persons under twenty-one (21) years of age are not sold or served said beverages; however, the incidental service of food in the bar area shall not exempt a licensee, agent, servant, or employee from the provisions of this section.

C.  It shall be unlawful for any person who holds a license to sell and dispense low-point beer, for consumption on the premises, or any agent, servant or employee of said license holder to permit any person under twenty-one (21) years of age to consume any low-point beer on the licensed premises.

D.  Any person violating the provisions of subsection A, B or C of this section shall upon conviction be guilty of a misdemeanor for a first violation and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.  Any person convicted of a second violation within one (1) year of the first violation shall be guilty of a misdemeanor and shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.  Any person convicted of a third violation within one (1) year of the first violation shall be guilty of a felony and shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by both such fine and imprisonment.  The filing of a supplemental information shall be subject to the discretion of the district attorney.  One-half (1/2) of any fine collected shall be deposited in the Prevention of Youth Access to Alcohol Revolving Fund established by Section 13 608 of this act title.

E.  That the person demanded, was shown, and reasonably relied upon proof of age shall be a rebuttable presumption to any action brought pursuant to this section.  A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation if:

1.  The individual who purchased or received the low-point beer presented what a reasonable person would have believed was a driver license or other government-issued photo identification purporting to establish that the individual was twenty-one (21) years of age or older; or

2.  The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by the individual by performing a transaction scan by means of a transaction scan device.

Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture on the driver license or other government-issued photo identification was that of the individual who presented it.  The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.

F.  Upon violation of any of the provisions of this section by any agent, servant, or employee, the law enforcement agency shall notify the owner of the premises of the violation, the Oklahoma Tax Commission, and the district court clerk of the county in which the premises are located.  For purposes of this subsection, notification to the owner of the premises shall be deemed given if the law enforcement agency mails, by mail with delivery confirmation, the notification to the address which is on file with the Oklahoma Tax Commission of the owner of the location at which the violation occurred and the law enforcement agency received delivery confirmation from the United States Postal Service.

G.  Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section, but the provisions of the municipal ordinances shall be the same as provided for in this section, and the penalty provisions under such ordinances shall not be more stringent than those of this section and shall be limited to the provisions of Section 14-111 of Title 11 of the Oklahoma Statutes.

SECTION 4.     AMENDATORY     <37> O.S. 2001, Section <246>, as< >amended by Section <10>, Chapter <61>, O.S.L. 20<06> (<37> O.S. Supp. 2010, Section <246>), is amended to read as follows:

Section <246>.  A.  No person under twenty-one (21) years of age shall consume or possess with the intent to consume low-point beer, as defined in Section 163.2 of this title.  It shall be unlawful for any person under twenty-one (21) years of age to purchase or attempt to purchase low-point beer, as defined in Section 163.2 of this title, except under supervision of law enforcement officers.  Any person violating any of the provisions of this subsection shall be guilty, upon conviction, of a misdemeanor and punished by a fine not to exceed Three Hundred Dollars ($300.00) or ordered to perform community service not to exceed thirty (30) hours, or both such fine and community service.  In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  For a second offense, any person who is convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine of not to exceed Six Hundred Dollars ($600.00) or ordered to perform community service not to exceed sixty (60) hours or both such fine and community service.  In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  For a third offense, any person who is convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine of not to exceed Nine Hundred Dollars ($900.00) or ordered to perform community service not to exceed ninety (90) hours or both such fine and community service.  In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  Provided, the provisions of this subsection shall not apply when such persons are under the direct supervision of their parent or guardian, but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense low-point beer as provided in Section 163.11 of this title.

In addition to any penalty or condition imposed pursuant to the provisions of this subsection, the person shall be subject to an assessment of the person’s degree of alcohol abuse, in the same manner as prescribed in subsection G of Section 11-902 of Title 47 of the Oklahoma Statutes, which may result in treatment as deemed appropriate by the court.

B.  If the premises of a holder of a license to sell low-point beer contains a separate or enclosed bar area which has as its main purpose the sale or serving of low-point beer for consumption on the premises, no person under twenty-one (21) years of age shall enter, attempt to enter, or remain in said area.  The provisions of this subsection shall not prohibit persons under twenty-one (21) years of age from entering or remaining in an area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose, if the persons under twenty-one (21) years of age are not sold or served or do not consume low-point beer anywhere on the premises; however, the incidental service of food in the bar area shall not exempt persons under twenty-one (21) years of age from the provisions of this subsection.  Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine not to exceed One Hundred Dollars ($100.00).

In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.  If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.

C.  Except as otherwise provided, an admission charge shall not be considered in any calculation designed to determine the main purpose of an area pursuant to subsection B of this section.  For purposes of this section, an "admission charge" shall mean any form of consideration received by an establishment from a person in order for that person to gain entry into the establishment or an area thereof.

D.  The provisions of subsection C of this section shall not apply:

1.  If only persons eighteen (18) years of age or older are permitted to enter the licensed premises;

2.  If the licensed premises are owned or operated by a service organization or fraternal establishment which is exempt under Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or

3.  To a public event held in a facility owned or operated by any agency, political subdivision or public trust of this state.

E.  A violation of the provisions of this section shall not be a basis for instituting juvenile proceedings to determine if a person under eighteen (18) years of age is a delinquent child; however, if a person under eighteen (18) years of age habitually violates the provisions of this section, juvenile proceedings may be brought to determine if the person is a delinquent child.  A person under eighteen (18) years of age who has been convicted of violating the provisions of this section shall be subject to the penalty provisions provided in this section.

F.  Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section, but the provisions of the municipal ordinances shall be the same as provided for in this section, and the penalty provisions under such ordinances shall not be more stringent than those of this section and shall be limited to the provisions of Section 14-111 of Title 11 of the Oklahoma Statutes.

SECTION 5.  This act shall become effective November 1, 2011.

Passed the House of Representatives the 17th<> day of May<>, 2011.

                               

Presiding Officer of the House of

                                                 Representatives

Passed the Senate the 18th day of May, 2011.

                               

Presiding Officer of the Senate

A letter from Kaitlyn's mom

Shari and Kaitlyn Mounce

    My name is Shari Mounce.  Our family has been devastated by the death of our only daughter at age 15.  She spent the night with a friend and never made it home the next day.  Unbeknownst to me, Kaitlyn and two 15 year old girls decided to go with a 16 year old boy to one of his friend’s house, whose parents were hosting a party for their 15 year old son.   The parents served the kids alcohol.  My daughter did not drink that night.  However, many kids at the PARENT HOSTED party did, including the 16 year old boy who was to drive the girl’s home.

    My daughter never made it home that night.  However, we made it to the accident scene and sat with her bloody body for 2 hours.  The truck the 16 year old boy was driving flipped 5 times and then hit a pole.  My daughter, hopefully, died instantly, although we will never know.  She may have laid there and suffered before the ambulance arrived.  Not only is my family’s life destroyed, but those of two 15 year old girls and one 16 year old boy, who were in the truck.

    The parents—the Social Hosts—were convicted of 2^nd degree manslaughter and received a sentence of 9 years with 2 years deferred in 2009.  Having served only one year, they have been moved to a halfway house. The 16 year old boy was charged as a youthful offender and received a 5 year deferred sentence in 2009.  He has a parole officer and if he does not make a mistake within the 5 year period his sentence will be dropped.  

    The DA in Grady County did not use Oklahoma’s existing Social Host law that was passed in 2006 to prosecute my daughter’s killers because there were greater penalties with manslaughter. We strongly believe that the penalties in HB 1211 should be even tougher than proposed. Five years in prison for an offender whose irresponsible actions of Social Hosting result in the death of a minor is ridiculous. The penalty does not fit the crime.  However, the language in HB 1211 addresses Social Hosting proactively by adding misdemeanor penalties and low-point beer to the state statute. This addition to the existing statute will save kids lives by providing law enforcement statewide the ability to charge Social Hosts with an offense before a child dies or has to suffer great bodily injury.

    We not only support HB 1211 to strengthen Oklahoma’s Social Host Law, but we believe had this bill been passed in 2008 when the language was originally proposed, my daughter would still be alive.  WE ARE BEGGING YOU ... PLEASE PASS HB 1211 TO STRENGTHEN OK’S SOCIAL HOST LAW SO KIDS LIVES WILL BE SAVED!

Kaitlyn's Headstone

HB 1211-Cody's Law is headed to the Senate floor

Dear Cody's Law Friends & Supporters,

  The next hurdle for HB 1211-Cody's Law is passing on the Senate floor. Please take a minute to send an email to our state Senators asking them to strengthen Oklahoma's Social Host law by voting in favor of HB 1211-Cody's Law. Ask them to support HB 1211 because it will protect Oklahoma teenagers and their families from the dangers of social hosting including underage drinking, drug use and addiction, but most importantly it will save lives!

  I'm including the  Senate email addresses for you to copy & paste into the 'To:' field of your email. Be sure to choose the correct format for your email program, either semi-colon separated or comma separated. Feel free to use your own words, but please remember to be respectful and polite. We can't get this bill passed without the Senator's support.

  It is also helpful to sign your email with your name and address, so the Senators know they are corresponding with an Oklahoma resident and voter, or future voter. Thanks for your support and may God bless you.
 
Senate email - semi-colon separated
adelson@oksenate.gov; aldridge@oksenate.gov; allen@oksenate.gov; anderson@oksenate.gov; ballenger@oksenate.gov; barrington@oksenate.gov; bass@oksenate.gov; bingman@oksenate.gov; branan@oksenate.gov; brecheen@oksenate.gov; brinkley@oksenate.gov; brownb@oksenate.gov; burrage@oksenate.gov; coates@oksenate.gov; crain@oksenate.gov; david@oksenate.gov; easonmcintyre@oksenate.gov; ellis@oksenate.gov; efields@oksenate.gov; fordj@oksenate.gov; garrisone@oksenate.gov; halligan@oksenate.gov; holt@oksenate.gov; ivester@oksenate.gov; johnsonc@oksenate.gov; johnsonr@oksenate.gov; jolley@oksenate.gov; justice@oksenate.gov; laster@oksenate.gov; lerblance@oksenate.gov; marlatt@oksenate.gov; mazzei@oksenate.gov; ingraham@oksenate.gov; newberry@oksenate.gov; nichols@oksenate.gov; paddack@oksenate.gov; reynolds@oksenate.gov; rice@oksenate.gov; russell@oksenate.gov; schulz@oksenate.gov; shortey@oksenate.gov; simpson@oksenate.gov; sparks@oksenate.gov; stanislawski@oksenate.gov; lewis@oksenate.gov; treatg@oksenate.gov; wilson@oksenate.gov; wyrick@oksenate.gov

Senate email - comma separated
adelson@oksenate.gov, aldridge@oksenate.gov, allen@oksenate.gov, anderson@oksenate.gov, ballenger@oksenate.gov, barrington@oksenate.gov,  bass@oksenate.gov, bingman@oksenate.gov, branan@oksenate.gov, brecheen@oksenate.gov, brinkley@oksenate.gov, brownb@oksenate.gov, burrage@oksenate.gov, coates@oksenate.gov, crain@oksenate.gov, david@oksenate.gov, easonmcintyre@oksenate.gov, ellis@oksenate.gov, efields@oksenate.gov, fordj@oksenate.gov, garrisone@oksenate.gov, halligan@oksenate.gov, holt@oksenate.gov, ivester@oksenate.gov, johnsonc@oksenate.gov, johnsonr@oksenate.gov, jolley@oksenate.gov, justice@oksenate.gov, laster@oksenate.gov, lerblance@oksenate.gov, marlatt@oksenate.gov, mazzei@oksenate.gov, ingraham@oksenate.gov, newberry@oksenate.gov, nichols@oksenate.gov, paddack@oksenate.gov, reynolds@oksenate.gov, rice@oksenate.gov, russell@oksenate.gov, schulz@oksenate.gov, shortey@oksenate.gov, simpson@oksenate.gov, sparks@oksenate.gov, stanislawski@oksenate.gov, lewis@oksenate.gov, treatg@oksenate.gov, wilson@oksenate.gov, wyrick@oksenate.gov

Contact Senators - Ask them to support HB 1211

Okay folks, this is what has happened, to date, in the legislature with the Social Host bills. 

We started out with two great bills, each a little different, but either one of them would strengthen the state's Social Host law.

SB 859, authored by Senator Jim Halligan, was double assigned to the Senate Public Safety committee and the Senate Appropriations committee.  It passed the Senate Public Safety committee unanimously February 17, and was referred on to Appropriations.  However, it was not given a hearing in Appropriations and died in committee.

HB 1211, authored by Representative Dan Kirby, was assigned to the House Judiciary committee where it passed unanimously February 28. It then went to the House floor where is again passed unanimously 98 - 0 March 7, and was sent to the Senate. Speaker of the House Kris Steele and Representatives Leslie Osborn, David Brumbaugh, George Faught, Corey Holland, Sally Kern, Jadine Nollan, Charles Ortega, Todd Russ, Todd Thomsen, and Sue Tibbs have signed on as coauthors in the House.  Senator Dan Newbery is the principal Senate author.

HB 1211 has also been double assigned to the Senate Public Safety committee and the Senate Appropriations committee.  It must receive a hearing and "Do Pass" vote in both committees in order to move on to the Senate floor for a vote. 

This is where I really need your help. I am listing the email addresses of the Senate Public Safety committee and the Senate Appropriations committee so you may copy and paste them directly from this page into your email. Please send them an email and ask them to give HB 1211 a hearing and a “Do Pass” vote in the Public Safety committee and then the Appropriations committee. You should copy your Senator as well, and ask them to support this measure and ensure its passage in the Senate.  If you don't know who the Senator is for your district, there is an easy to use link on the left side of this page that says: Find Your Legislator. Click there and follow the instructions.

HB 1211 Senate Author and Senate Public Safety Committee Members: 

Senator Dan Newberry - Author, Senator Don Barrington - Chair, Senator Ralph Shortey - Vice Chair, Senator Roger Ballenger, Senator Earl Garrison, Senator Constance Johnson, Senator Ron Justice,

Senator Jim Reynolds, Senator Steve Russell, Senator Anthony Sykes

Emails:
newberry@oksenate.gov; barrington@oksenate.gov; shortey@oksenate.gov; ballenger@oksenate.gov; garrisone@oksenate.gov; johnsonc@oksenate.gov; justice@oksenate.gov; reynolds@oksenate.gov; russell@oksenate.gov; lewis@oksenate.gov

Senate Appropriations Committee Members:

Senator David Myers – Chair, Senator Clark Jolley - Vice Chair, Senator Roger Ballenger, Senator Cliff Branan, Senator Rick Brinkley, Senator Sean Burrage, Senator Brian Crain, Senator John Ford, Senator Jim Halligan, Senator Tom Ivester, Senator Ron Justice, Senator Bryce Marlatt, Senator Dan Newberry, Senator Jonathan Nichols, Senator Susan Paddack, Senator Andrew Rice, Senator Gary Stanislawski, Senator Anthony Sykes, Senator Jim Wilson, Senator Charles Wyrick

Emails:
ingraham@oksenate.gov; jolley@oksenate.gov; ballenger@oksenate.gov; branan@oksenate.gov; brinkley@oksenate.gov; burrage@oksenate.gov; crain@oksenate.gov; fordj@oksenate.gov; halligan@oksenate.gov; ivester@oksenate.gov; marlatt@oksenate.gov; nichols@oksenate.gov; paddack@oksenate.gov; rice@oksenate.gov; stanislawski@oksenate.gov; wilson@oksenate.gov; wyrick@oksenate.gov
(Additional contact information for both the Senate and House members is on the left side of this page.) 

Finally, don't forget to share this page and the Cody's Law Facebook page with family and friends who are concerned about this issue and ask them to contact the Senators also.

God bless you and thanks for your support!

Why didn't I know?

Why didn’t I know?

It’s a question I’ve heard a thousand times in my head...maybe more.

When your child dies of an alcohol and drug overdose it’s a question that won’t go away.

Let me ask, have you ever allowed your son or daughter to go to someone’s house to play video games after school? The parents are going to be home. It’s during the day and they will only be there a couple of hours, so it seems safe...right? 

What about going to a friend’s house for a few hours on a Saturday afternoon to hang out? The friend’s mom or dad is working around the house while they play in the yard, watch movies, play games, eat all the food in the fridge. The same things they do at your house...right?

Do you allow them to go to an adult supervised party? There will be pizza, soft drinks, and other junk food. It will be fine...right?

If you’re a parent, at some point, you will be faced with the decision of whether or not to allow your child to spend time at another child’s home. When your kids are in elementary school their circle of friends is small and it’s fairly easy to get to know a handful of families, but when they reach middle and high school things change rapidly. They have friends from school, sport leagues, church groups, camp, internet and friends of friends. When they begin driving it gives them freedom to go places and come in contact with people of whom you know little or nothing. At this point, you realize the relationships with your child’s friend’s families on the perimeter are shallow at best and non existent in some cases. What do you do?

You can’t lock your teens up and keep them from ever going outside of your home, so you check things out. You talk to your teenager. You talk to other parents you trust in the community. The problem is our teens don’t always tell us what we need to know to keep them safe. And other parents may only know the same thing you do; what they’ve seen in public. Truth is we don’t know what is allowed behind closed doors and it can be dangerous or even deadly for our kids.

It was deadly to my son, and I can tell you exactly why I didn’t know.  He and his friends had a place they could go to party. This house, this family seemed just like any other from the outside, but behind the closed doors of their home they allowed my son and other people’s children to make decisions they were not old enough to make. These kids were hidden from the watchful eyes of responsible, caring adults. It was a place where the adults who should have been supervising them allowed young teenagers to drink alcohol, smoke marijuana, and more, and then allowed them to stay overnight further concealing their activities from their parents. By the time my son would get home the next morning he was fine, with no sign of drinking or drugs. That is, until it killed him.

Don’t let this happen to your family. Don’t be the one asking, “Why didn’t I know?”

Please join me in asking our state Senators to give HB 1211 a hearing and “Do Pass” vote when it comes before the Public Safety and Appropriations committees. HB 1211 will strengthen our state’s Social Host law by closing the gaps that currently exist and will provide law enforcement the tool they need to hold adults accountable statewide.

Passing HB 1211 will save lives...maybe the life of someone you love.

What if I don't know?

What if my teen has a party when I’m not home?

This seems to be the concern of many parents in regard to strengthening our state’s social host law.  I hear comments like: I think it’s a good idea, but I don’t want to pay a fine or go to jail if my child does this behind my back when I’m not at home or sleeping.

Here are some things to consider:

The current Oklahoma law says, “No person shall knowingly and willfully permit any individual under twenty-one (21) years of age...*”; therefore, the law enforcement investigating such a situation must be able to prove that you knew the minors were drinking and/or using other controlled dangerous substances.

You can, and should, take steps to protect yourself and ensure that underage guests staying in your home don’t have access to your alcohol. Foolishness is born in the heart of a child, so lock your liquor up, and for that matter, your prescription drugs too. If you keep beer/wine in the fridge make sure your teens and their underage house guests know they are not allowed to help themselves, and if they do that there will be consequences. Speak to their parents, and if this doesn’t end the behavior I, personally, would not allow them to be a guest in my home again.

You should be aware that some Oklahoma municipalities have enacted social host ordinances that charge whoever is in control of the residence, which could include your teenager, if they are hosting a party when you are out of town or not at home. While this is not the case with the state law, you still need to make your kids aware that you, and they, could be held accountable if someone is gravely injured or killed and their family decides to take civil action.

Strengthening the state law gives you an excuse --if you need one-- to tell your teens “No.” You can then explain to them that it is against the law and you are not willing, and they should not expect you to risk getting caught and having to pay a fine or spend time in jail in order to allow them to drink with their friends in your home.

If you are hosting an adult party in your home, and there are minors present, it is your responsibility to ensure they are not served nor have access to alcohol by taking reasonable steps to prevent its consumption. Reasonable steps would include checking the IDs of young guests you are not sure to be of legal drinking age, and not leaving alcohol unattended or accessible to underage guests. If you should discover an underage guest has consumed alcohol you should take any unconsumed alcohol away from them, and notify their parents or legal guardian. Then make sure they do not get in a vehicle to drive because if they have an accident you could be held accountable for providing alcohol to a minor.

Probably the most important thing to think about is how you and your teenager would deal with knowing that their decision to allow underage friends to drink alcohol or consume other substances in your home caused a devastating injury or death. It’s not an easy thing to live with the rest of your life.   

*To read the full text of the current statute see the tab on the left side of the page.