Oklahoma 2022 Regular Session

Oklahoma House Bill HB2361 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2361 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 2361 By: Burns
	32	+	HOUSE BILL 2361 By: Burns
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39	34
40	35
41	36
42		-	COMMITTEE SUBSTITUTE
	37	+
	38	+	AS INTRODUCED
43	39
44	40		An Act relating to criminal procedure; amending 22
45		-	O.S. 2011, Sections 1181 and 1181.2, which relate to
46		-	removal of officers; adding cause for removal;
47		-	modifying removal procedure; and providing an
48		-	effective date.
	41	+	O.S. 2011, Sections 1181, 1181.2, 1182, 1192, 1194,
	42	+	1195 and 1196, which relate to remo val of officers;
	43	+	adding causes for removal; modifying removal
	44	+	procedure; modifying type of accusation presented to
	45	+	grand jury; directing district attorney to
	46	+	investigate and institute certain proceedings upon
	47	+	certain notification; authorizing fine upon cer tain
	48	+	conviction; modifying accusation presented by certain
	49	+	county officials; modifying complaint contents;
	50	+	authorizing certain county officer to voluntarily
	51	+	suspend himself or herself from office under certain
	52	+	circumstances; authorizing judgment to include fine;
	53	+	and providing an effective date.
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53	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	59		SECTION 1. AMENDATORY 22 O.S. 2011, Section 1181, is
55	60		amended to read as follows:
56	61		Section 1181. Any officer not subject to im peachment elected or
57	62		appointed to any state, county, township, city, town, or other
58	63		office under the laws of the state may, in the manner provided in
59	64		this article, be removed from office for any of the following
60	65		causes:
61	66		First. Habitual or willful neglect of duty.
62		-	Second. Gross partiality in office.
63		-	Third. Oppression in office.
64		-	Fourth. Corruption in office.
65	67
66		-	HB2361 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
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	93	+	Second. Gross partiality in office.
	94	+	Third. Oppression in office.
	95	+	Fourth. Corruption in office.
92	96		Fifth. Extortion or willful overcharge of fees in office.
93	97		Sixth. Willful maladministration.
94	98		Seventh. Habitual drunkenness.
95	99		Eighth. Failure to pro duce and account for all public funds and
96	100		property in his or her hands, at any settlement or inspection
97	101		authorized or required by law.
98	102		Ninth. Habitual absence from minimum required training events.
	103	+	Tenth. Dereliction of duty.
99	104		SECTION 2. AMENDATORY 22 O.S. 2011, Section 1181.2, is
100	105		amended to read as follows:
101	106		Section 1181.2 The complaint, petition, accusation or
102		-	proceeding for removal or ouster from office , in accordance with
103		-	procedures set forth in Sections 1 through 6 of Article 8 of the
104		-	Oklahoma Constitution, Section 101 of Title 38 of the Oklahoma
105		-	Statutes, or Section 94 of Title 51 of the Oklahoma Statutes, may
106		-	include allegations or charges of any act or acts of commission,
107		-	omission or neglect which may be committed, done or omitted during
108		-	the term of office in which such ouster or removal proceeding may be
109		-	filed, and may also include allegations or charges as to any act or
110		-	acts of commission, omission or negle ct committed, done or omitted
111		-	during a previous or preceding term in such office.
112		-	SECTION 3. This act shall become effective November 1, 2021.
	107	+	proceeding for removal or ouster from office in accordance with
	108	+	procedures' set forth in Section 18 of Article 11 of the Oklahoma
	109	+	Constitution, Section 101 of Title 38 of the Oklahoma Statutes, or
	110	+	Section 94 of Title 51 of the Oklahoma Statutes, may include
	111	+	allegations or charges of any act or acts of commission, omission or
	112	+	neglect which may be committed, done or omitted d uring the term of
	113	+	office in which such ouster or removal proceeding may be filed, and
	114	+	may also include allegations or charges as to any act or acts of
	115	+	commission, omission or neglect committed, done or omitted during a
	116	+	previous or preceding term in such of fice.
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114		-	COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
115		-	02/09/2021 - DO PASS, As Amended.
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	143	+	SECTION 3. AMENDATORY 22 O.S. 2011, Section 1182, is
	144	+	amended to read as follows:
	145	+	Section 1182. A. An accusation in writing, charging such
	146	+	officer with any of the causes for removal mentioned in the first
	147	+	preceding section or fine as provided in Section 1181 of this title
	148	+	may be presented by the grand jury to the district court of the
	149	+	county in or for which the officer is elected or appointed :
	150	+	Provided; provided, that in the case of a state officer, such
	151	+	accusation may be pr esented by the grand jury of the county in which
	152	+	such officer resides, or in which he or she has his or her place of
	153	+	office for the usual transaction of official business.
	154	+	B. It shall be the duty of the district attorney, upon notice
	155	+	in writing and verifi ed by fifty-one percent (51%) of the registered
	156	+	voters that voted in the previous election for the political
	157	+	subdivision of which the officer who is the subject of the complaint
	158	+	is an official, before some officer authorized to administer oaths,
	159	+	that any officer herein mentioned has been guilty of any of the
	160	+	acts, omissions or offenses as set out in Section 1181 of this
	161	+	title, to investigate such complaint, and if on such investigation
	162	+	the district attorney shall find that there is reasonable cause for
	163	+	such complaint, the district attorney shall institute proceedings in
	164	+	the district court of the county of the residence of the accused to
	165	+	fine or remove such officer from office.
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	192	+	SECTION 4. AMENDATORY 22 O.S. 2011, Section 1192, is
	193	+	amended to read as follows:
	194	+	Section 1192. Upon a conviction, the court must shall pronounce
	195	+	judgment, that the defendant be removed from office or be fined.
	196	+	But to warrant a removal or fine, the judgment must be entered upon
	197	+	the minutes, assigning therein t he causes of removal or fine.
	198	+	SECTION 5. AMENDATORY 22 O.S. 2011, Section 1194, is
	199	+	amended to read as follows:
	200	+	Section 1194. The board of county commissioners may, in the
	201	+	case of any county or township officer, present such accus ation and
	202	+	bring an action in the name of the county for the removal or fine of
	203	+	such officer, and the district court shall have exclusive
	204	+	jurisdiction thereof; but if any county commissioner is the party
	205	+	charged, then the judge of the district court and cou nty treasurer
	206	+	shall present such accusation and bring the action. The
	207	+	proceedings, in actions brought under the provisions of this
	208	+	section, shall, except as provided in the two next succeeding
	209	+	sections Sections 1195 and 1196 of this title , be as is provided in
	210	+	the preceding sections of this article Sections 1181 through 1193 of
	211	+	this title.
	212	+	SECTION 6. AMENDATORY 22 O.S. 2011, Section 1195, is
	213	+	amended to read as follows:
	214	+	Section 1195. (1) A. When the complaint for removal or fine is
	215	+	filed, if, in addition to the matter charged as ground for removal
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	242	+	or fine, the complaint shall also pray that the officer charged be
	243	+	suspended from office pending the investigation, the judge of the
	244	+	court may, if sufficient cause appear from the charge or from the
	245	+	testimony, or affidavits then presented, order the suspension of the
	246	+	accused from the functions of his or her office until the
	247	+	determination of the matter. If the order of suspension be made and
	248	+	the court be then in session, the accused shall be entitled to a
	249	+	trial within ten (10) days, if he or she demands it. If the court
	250	+	be not in session, then the accused shall be entitled to a trial on
	251	+	the first day of the next term. The accused shall have the right to
	252	+	change of judge, or to a change of venue, on application to the
	253	+	court, or to the judge if the court be not in session, on making the
	254	+	showing required to change the venue in a criminal case, and if the
	255	+	application be allowed the matter shall be sent for trial to the
	256	+	nearest adjoining county , and in which the objections stated as
	257	+	ground of change do not exist, and trial shall be there had at the
	258	+	earliest possible date. But one such change shall be allowed. The
	259	+	accused shall be entitled to continuance, as in other cases. If the
	260	+	accused be not suspended from his or her office, then the
	261	+	complainant may have a continuance, as in other criminal cases. If
	262	+	a suspension take takes place, the board of county commissioners may
	263	+	temporarily fill the office by appointment, but if the officer
	264	+	suspended be is a county commissioner, then the vacancy shall be
	265	+	filled by temporary appointment made by the Governor.
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	292	+	(2) B. A county officer, other than a county commissioner,
	293	+	against whom a complaint for removal or fine has been filed, may
	294	+	voluntarily suspend hi mself or herself from office by filing an
	295	+	election of suspension at any time after such complaint has been
	296	+	filed with the board of county commissioners, which board shall
	297	+	temporarily fill the office by appointment. If the officer be is a
	298	+	county commissioner, then such filing shall be made with the
	299	+	Governor of the State of Oklahoma, who shall temporarily fill the
	300	+	office by appointment. If upon trial such officer is found guilty,
	301	+	such temporary appointment shall remain in effect until a successor
	302	+	is duly qualified as provided by law, but if such officer is
	303	+	acquitted, such temporary appointment shall expire at that time, and
	304	+	the person so acquitted shall immediately resume his or her office.
	305	+	SECTION 7. AMENDATORY 22 O.S. 2011, Sectio n 1196, is
	306	+	amended to read as follows:
	307	+	Section 1196. The question of fact shall be tried as in other
	308	+	actions, and if the accused is found guilty, the judgment shall be
	309	+	entered either fining the officer or removing the officer from his
	310	+	or her office and declaring the latter office vacant, or as provided
	311	+	for in the code of criminal procedure, and a copy thereof shall be
	312	+	certified to the board of county commissioners, and the county clerk
	313	+	shall enter the same upon the proper record.
	314	+	SECTION 8. This act shall become effective November 1, 2021.
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	342	+	58-1-5980 AMM 12/30/20
	343	+	.
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