OK
Oklahoma House Bill HB2774

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2774 Compare Versions

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1-An Act
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30+April 5, 2021
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334 BILL NO. 2774 By: Pfeiffer and Boles of the
435 House
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637 and
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839 Bullard of the Senate
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1445 An Act relating to immigration; amending 57 O.S.
1546 2011, Section 16a, which relates to the retention of
1647 United States prisoners by county sheriffs; directing
1748 law enforcement personnel to comply with immigration
1849 detainer requests issued by certain federal agency ;
1950 requiring certain notification to persons held
2051 pursuant to immigration detainer; providing exemption
2152 to certain duty upon proof of citizenship; defining
2253 terms; providing for codification; and providing an
2354 effective date.
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28-SUBJECT: Immigration
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3059 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3260 SECTION 1. AMENDATORY 57 O.S. 2011, Section 16a, is
3361 amended to read as follows:
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3562 Section 16a. A. All sheriffs, jailers, prison keepers, and
3663 their deputies, within this state, to whom any persons shall be sent
3764 or committed, by virtue of legal process, issued by or under the
3865 authority of the United States, shall receive such persons into
3966 custody, and keep them safely until discharged by due course of the
4067 laws of the United States; and all such sheriffs, jailers, prison
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4195 keepers and their deputies, offending in the premises, shall be
4296 liable to the same pains and penalties, and the parties aggrieved
4397 shall be entitled to the same remedies against them, or any of them,
4498 as if such prisoners had been committed to their custody by virtue
4599 of legal process issued under the authority of this state.
46- ENR. H. B. NO. 2774 Page 2
47100 B. All sheriffs, jailers, prison keepers and their deputies w ho
48101 have custody of a person who is subject to an immigration detainer
49102 request issued by the United States Immigration and Customs
50103 Enforcement shall:
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52104 1. Comply with, honor and fulfill any request made in the
53105 immigration detainer request provided by the United States
54106 Immigration and Customs Enforcement ; and
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56107 2. Inform the person identified in the immigration detainer
57108 request that the person is being held pursuant to an immigration
58109 detainer issued by the United States Immigration and Customs
59110 Enforcement.
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61111 C. A sheriff, jailer, prison keeper or deputy shall not be
62112 required to perform a duty imposed by subsection B of this section
63113 with respect to a person who has provided proof that he or she is a
64114 citizen of the United States. Such proof may include:
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66115 1. An Oklahoma driver license or identification card issued by
67116 the Department of Public Safety on or after November 1, 2007; or
117+2. State or federal government -issued identification.
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69-2. State- or federal government -issued identification.
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71-D. All sheriffs, jailers, prison keepers, and their deputies,
145+D. All sheriffs, jailers, priso n keepers and their deputies,
72146 within this state, shall allow reasonable access to their detention
73147 facilities to the United States Immigration and Customs Enforcement
74148 for the purpose of identifying inmates.
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76149 E. As used in this section, "immigration detainer request"
77150 means a federal government request to a local entity to maintain
78151 temporary custody of an alien, including a United States Department
79152 of Homeland Security Form I -247 document or a similar successor
80153 form.
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82154 SECTION 2. NEW LAW A new section of law to be codified
83155 in the Oklahoma Statutes as Section 171.3 of Title 22, unless there
84156 is created a duplication in numbering, reads as follows:
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86157 A. A law enforcement agency that has custody of a person who is
87158 subject to an immigration det ainer request issued by the United
88159 States Immigration and Customs Enforcement shall:
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90160 1. Comply with, honor and fulfill any request made in the
91161 immigration detainer request provided by the United States
92162 Immigration and Customs Enforcement ; and
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94163 2. Inform the person identified in the immigration detainer
95164 request that he or she is being held pursuant to an immigration
96165 detainer request issued by the United States Immigration and Customs
97166 Enforcement.
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99167 B. A law enforcement agency shall not be required to perform a
100168 duty imposed by subsection A of this section w ith respect to a
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101196 person who has provided proof that the person is a citizen of the
102197 United States. Such proof may include:
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104198 1. An Oklahoma driver license or identification card issued by
105199 the Department of Pu blic Safety on or after November 1, 2007; or
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107-2. State- or federal government -issued identification.
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200+2. State or federal government -issued identification.
109201 C. As used in this section:
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111202 1. "Immigration detainer request " means a federal government
112203 request to a local entity to maintain temporary custody of an al ien,
113204 including a United States Department of Home land Security Form I -247
114205 document or a similar successor form; and
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116206 2. "Law enforcement agency " means any state, county or
117207 municipal agency or department which maintains custody of persons
118208 accused of, charged with or convicted of any criminal offense. Thi s
119209 term includes, but shall not be limited to, peace officers,
120210 sheriffs, deputy sheriffs, jailers, correctional officers, agents,
121211 employees or contractors of a law enforcement agency.
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123212 SECTION 3. This act shall become effective November 1, 2 021.
124- ENR. H. B. NO. 2774 Page 4
125-Passed the House of Representatives the 9th day of March, 2021.
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130- Presiding Officer of the House
131- of Representatives
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134-Passed the Senate the 21st day of April, 2021.
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139- Presiding Officer of the Senate
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143-OFFICE OF THE GOVERNOR
144-Received by the Office of the Governor this ____________________
145-day of ___________________, 20_______, at _______ o'clock _______ M.
146-By: _________________________________
147-Approved by the Governor of the State of Oklahoma this ___ ______
148-day of ___________________, 20_______, at _______ o'clock _______ M.
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151- _________________________________
152- Governor of the State of Oklahoma
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154-OFFICE OF THE SECRETARY OF STATE
155-Received by the Office of the Secretary of State this __________
156-day of ___________________, 20_______, at _______ o'clock _______ M.
157-By: _________________________________
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213+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
214+April 5, 2021 - DO PASS