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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2778 By: Pfeiffer of the House
and
Coleman of the Senate
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 f iles 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:
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1. Any felony case or record relating to a felony investigation
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
digitized or provide provided computer storage for such felony
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 shal l 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 juven ile
case to be destroyed; and
4. Any civil 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 civil
case to be destroyed.
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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.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 02/22/2021 - DO PASS, As Coauthored.