Req. No. 6755 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) HOUSE BILL 2778 By: Pfeiffer AS INTRODUCED An Act relating to counties and county officers ; amending 19 O.S. 2011, Section 215.22, as last amended by Section 4, Chapter 22, O.S.L . 2017 (19 O.S. Supp. 2020, Section 215.22), which relates to records of the district attorney; clarifying circumstances that allow for the destruction of certain records and files of the district attorney; authorizing the destruction of wildlife cases and records; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 19 O.S. 2011, Section 215.22, as last amended by Section 4, Chapter 22, O.S.L. 2017 (19 O.S. Supp. 2020, Section 215.22), is amended to read as follows: Section 215.22 A. The district attorney is hereby authorized to destroy all or a portion of his or her office records and files relating to: 1. Any felony case or record relating to a felony investig ation except where a homicide is involved, provided a period of ten (10) years shall have elapsed since the last action in said case and provided, or where the district attorney shall digitize has Req. No. 6755 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 digitized or provide provided computer storage for such fel ony cases; 2. Any misdemeanor or case, traffic case, wildlife case or record relating to a misdemeanor or, traffic or wildlife investigation, provided a period of five (5) years shall have elapsed since the last action in said case and provided or where the district attorney in his or her discretion may digitize has digitized or provide provided computer storage for such misdemeanor or, traffic or wildlife cases to be destroyed; 3. Any juvenile case, provided a period of ten (10) years shall have elapsed since the last action in said case and provided, or where the district attorney in his or her discretion may digitize has digitized or provide provided computer storage for such juvenile case to be destroyed; and 4. Any civil case, provided a period of te n (10) years shall have elapsed since the last action in said case and provided, or where the district attorney in his or her discretion may digitize has digitized or provide provided computer storage for such civil case to be destroyed. B. The district attorney is authorized to reproduce a copy of such record, file or case stored digitally or in computer storage as provided in this section and such copy or computer -generated image or record may be used by the district attorney in lieu of the destroyed record, file or case, for all purposes. Req. No. 6755 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. This act shall become effective November 1, 2021. 58-1-6755 GRS 12/18/20