Officers; eliminating liability for certain actions; effective date.
Impact
The passing of HB1859 would significantly alter how liability is assessed within Oklahoma's governmental structure, particularly concerning peace officers. By clarifying and expanding the circumstances under which state actors are not liable for their actions, the bill could deter legal actions against law enforcement in various scenarios including secondary employment situations. The intent behind this legislation is to facilitate law enforcement's ability to perform their duties without the fear of personal liability, particularly during off-duty situations, thereby enhancing public safety.
Summary
House Bill 1859, introduced by Representative Fugate, aims to amend the Governmental Tort Claims Act by eliminating liability for certain actions performed by peace officers and regarding the use of public property for recreational purposes. The bill seeks to provide legal immunity to law enforcement actions that occur outside of their primary employment and stipulates that the state or its subdivisions cannot be held liable for claims stemming from these actions. This amendment is perceived as a way to protect peace officers from the risks associated with their dual roles and professional duties.
Contention
However, the bill has garnered opposition from various civil rights advocacy groups and some legislative members who argue that these changes could undermine accountability for peace officers, potentially leading to abuses of power without repercussions. Critics maintain that eliminating liability could lead to a lack of oversight and decrease public trust in law enforcement. This contention centers around the balance between protecting officers and ensuring public accountability, as opponents fear that the bill may encourage reckless behavior among law enforcement officials who may now operate with reduced fear of legal consequences.
The Governmental Tort Claims Act; requiring award of certain costs and fees for prevailing plaintiff; providing for liability for exempted acts upon certain findings by court. Effective date.
Cities and towns; directing rule promulgation for certain public utilities providing sewage services; establishing conformance standards; prohibiting certain legal actions within certain time period. Effective date.
The Governmental Tort Claims Act; requiring award of certain costs and fees for prevailing plaintiff; authorizing award of certain fees to defendant; providing for liability for exempted acts upon certain findings by court. Effective date.
Public utilities; requiring governing bodies of public utilities to create plan for certain compliance; modifying damages in the Governmental Tort Claims Act. Effective date.
Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for. Amends sec. 16226 of 1978 PA 368 (MCL 333.16226). TIE BAR WITH: HB 4121'23
Payment rates established for certain substance use disorder treatment services, and vendor eligibility recodified for payments from the behavioral health fund.