Oklahoma 2022 Regular Session

Oklahoma House Bill HB2385 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2385 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 5726 Page 1 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		-	HOUSE BILL 2385 By: Sterling of the House
36		-
37		-	and
38		-
39		-	Jett of the Senate
	32	+	HOUSE BILL 2385 By: Sterling
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45	38		AS INTRODUCED
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47	40		An Act relating to motor vehicles; providing civil
48	41		immunity for removing animal from motor vehicle using
49	42		forcible entry; listing compliance requirements to
50	43		receive immunity; providing for codification; and
51	44		providing an effective date.
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57	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	53		SECTION 1. NEW LAW A new section of law to be codified
59	54		in the Oklahoma Statutes as Section 11 -1121 of Title 47, unless
60	55		there is created a duplication in numbering, reads as follows:
61	56		A law enforcement officer and the officer's employing agency or
62	57		department shall be immune from civil liability for any damage
63	58		resulting from the forcible entry into a motor vehicle for the
64	59		purpose of removing an animal from the motor vehi cle if the officer:
65	60		1. Determines the motor vehicle is locked or there is otherwise
66	61		no reasonable method for the animal to exit the motor vehicle;
	62	+	2. Has reasonable cause to believe that forcible entry into the
	63	+	motor vehicle is necessary because the animal is in imminent danger
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68		-	HB2385 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	65	+	Req. No. 5726 Page 2 1
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94		-	2. Has reasonable cause to believe that forcible entry into the
95		-	motor vehicle is necessary because the animal is in imminent danger
96	90		of suffering harm if not immediately removed from the motor vehicle
97	91		and, based upon the circumstances known to the officer at the time,
98	92		the belief is a reasonable one;
99	93		3. Places a notice on the motor vehicle windshield with the
100	94		officer's contact information, the reason the entry was made and the
101	95		location of the animal ;
102	96		4. Sends the animal to an animal shelter or remains with the
103	97		animal in a safe location, out of the elements but reasonably close
104	98		to the motor vehicle; and
105	99		5. Uses no more force to enter the motor vehicle and remove the
106	100		animal from the motor vehicle than is necessary under the
107	101		circumstances.
108	102		SECTION 2. This act shall become effective November 1, 2021.
109	103
110		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/23/2021 -
111		-	DO PASS, As Coauthored.
	104	+	58-1-5726 JBH 12/14/20