Oklahoma House Bill HB1859

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

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.