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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2361 By: Burns
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2011, Sections 1181, 1181.2, 1182, 1192, 1194,
1195 and 1196, which relate to remo val of officers;
adding causes for removal; modifying removal
procedure; modifying type of accusation presented to
grand jury; directing district attorney to
investigate and institute certain proceedings upon
certain notification; authorizing fine upon cer tain
conviction; modifying accusation presented by certain
county officials; modifying complaint contents;
authorizing certain county officer to voluntarily
suspend himself or herself from office under certain
circumstances; authorizing judgment to include fine;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 1181, is
amended to read as follows:
Section 1181. Any officer not subject to im peachment elected or
appointed to any state, county, township, city, town, or other
office under the laws of the state may, in the manner provided in
this article, be removed from office for any of the following
causes:
First. Habitual or willful neglect of duty.
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Second. Gross partiality in office.
Third. Oppression in office.
Fourth. Corruption in office.
Fifth. Extortion or willful overcharge of fees in office.
Sixth. Willful maladministration.
Seventh. Habitual drunkenness.
Eighth. Failure to pro duce and account for all public funds and
property in his or her hands, at any settlement or inspection
authorized or required by law.
Ninth. Habitual absence from minimum required training events.
Tenth. Dereliction of duty.
SECTION 2. AMENDATORY 22 O.S. 2011, Section 1181.2, is
amended to read as follows:
Section 1181.2 The complaint, petition, accusation or
proceeding for removal or ouster from office in accordance with
procedures' set forth in Section 18 of Article 11 of the Oklahoma
Constitution, Section 101 of Title 38 of the Oklahoma Statutes, or
Section 94 of Title 51 of the Oklahoma Statutes, may include
allegations or charges of any act or acts of commission, omission or
neglect which may be committed, done or omitted d uring the term of
office in which such ouster or removal proceeding may be filed, and
may also include allegations or charges as to any act or acts of
commission, omission or neglect committed, done or omitted during a
previous or preceding term in such of fice.
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SECTION 3. AMENDATORY 22 O.S. 2011, Section 1182, is
amended to read as follows:
Section 1182. A. An accusation in writing, charging such
officer with any of the causes for removal mentioned in the first
preceding section or fine as provided in Section 1181 of this title
may be presented by the grand jury to the district court of the
county in or for which the officer is elected or appointed :
Provided; provided, that in the case of a state officer, such
accusation may be pr esented by the grand jury of the county in which
such officer resides, or in which he or she has his or her place of
office for the usual transaction of official business.
B. It shall be the duty of the district attorney, upon notice
in writing and verifi ed by fifty-one percent (51%) of the registered
voters that voted in the previous election for the political
subdivision of which the officer who is the subject of the complaint
is an official, before some officer authorized to administer oaths,
that any officer herein mentioned has been guilty of any of the
acts, omissions or offenses as set out in Section 1181 of this
title, to investigate such complaint, and if on such investigation
the district attorney shall find that there is reasonable cause for
such complaint, the district attorney shall institute proceedings in
the district court of the county of the residence of the accused to
fine or remove such officer from office.
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SECTION 4. AMENDATORY 22 O.S. 2011, Section 1192, is
amended to read as follows:
Section 1192. Upon a conviction, the court must shall pronounce
judgment, that the defendant be removed from office or be fined.
But to warrant a removal or fine, the judgment must be entered upon
the minutes, assigning therein t he causes of removal or fine.
SECTION 5. AMENDATORY 22 O.S. 2011, Section 1194, is
amended to read as follows:
Section 1194. The board of county commissioners may, in the
case of any county or township officer, present such accus ation and
bring an action in the name of the county for the removal or fine of
such officer, and the district court shall have exclusive
jurisdiction thereof; but if any county commissioner is the party
charged, then the judge of the district court and cou nty treasurer
shall present such accusation and bring the action. The
proceedings, in actions brought under the provisions of this
section, shall, except as provided in the two next succeeding
sections Sections 1195 and 1196 of this title , be as is provided in
the preceding sections of this article Sections 1181 through 1193 of
this title.
SECTION 6. AMENDATORY 22 O.S. 2011, Section 1195, is
amended to read as follows:
Section 1195. (1) A. When the complaint for removal or fine is
filed, if, in addition to the matter charged as ground for removal
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or fine, the complaint shall also pray that the officer charged be
suspended from office pending the investigation, the judge of the
court may, if sufficient cause appear from the charge or from the
testimony, or affidavits then presented, order the suspension of the
accused from the functions of his or her office until the
determination of the matter. If the order of suspension be made and
the court be then in session, the accused shall be entitled to a
trial within ten (10) days, if he or she demands it. If the court
be not in session, then the accused shall be entitled to a trial on
the first day of the next term. The accused shall have the right to
change of judge, or to a change of venue, on application to the
court, or to the judge if the court be not in session, on making the
showing required to change the venue in a criminal case, and if the
application be allowed the matter shall be sent for trial to the
nearest adjoining county , and in which the objections stated as
ground of change do not exist, and trial shall be there had at the
earliest possible date. But one such change shall be allowed. The
accused shall be entitled to continuance, as in other cases. If the
accused be not suspended from his or her office, then the
complainant may have a continuance, as in other criminal cases. If
a suspension take takes place, the board of county commissioners may
temporarily fill the office by appointment, but if the officer
suspended be is a county commissioner, then the vacancy shall be
filled by temporary appointment made by the Governor.
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(2) B. A county officer, other than a county commissioner,
against whom a complaint for removal or fine has been filed, may
voluntarily suspend hi mself or herself from office by filing an
election of suspension at any time after such complaint has been
filed with the board of county commissioners, which board shall
temporarily fill the office by appointment. If the officer be is a
county commissioner, then such filing shall be made with the
Governor of the State of Oklahoma, who shall temporarily fill the
office by appointment. If upon trial such officer is found guilty,
such temporary appointment shall remain in effect until a successor
is duly qualified as provided by law, but if such officer is
acquitted, such temporary appointment shall expire at that time, and
the person so acquitted shall immediately resume his or her office.
SECTION 7. AMENDATORY 22 O.S. 2011, Sectio n 1196, is
amended to read as follows:
Section 1196. The question of fact shall be tried as in other
actions, and if the accused is found guilty, the judgment shall be
entered either fining the officer or removing the officer from his
or her office and declaring the latter office vacant, or as provided
for in the code of criminal procedure, and a copy thereof shall be
certified to the board of county commissioners, and the county clerk
shall enter the same upon the proper record.
SECTION 8. This act shall become effective November 1, 2021.
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58-1-5980 AMM 12/30/20
.