Oklahoma 2022 Regular Session

Oklahoma House Bill HB2778 Compare Versions

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1-An Act
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30+March 23, 2021
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334 BILL NO. 2778 By: Pfeiffer of the House
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536 and
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738 Coleman of the Senate
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1443 An Act relating to counties and county officers ;
1544 amending 19 O.S. 2011, Section 215.22, as last
1645 amended by Section 4 , Chapter 22, O.S.L. 2017 (19
1746 O.S. Supp. 2020, Section 215.22), which relates to
1847 records of the district attorney; clarifying
1948 circumstances that allow for the destruction of
2049 certain records and files of the district attorney;
2150 authorizing the destruction of wildlife cases and
2251 records; and providing a n effective date.
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27-SUBJECT: Counties and county officers
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2957 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3158 SECTION 1. AMENDATORY 19 O.S. 2011, Section 215.22, as
3259 last amended by Section 4, Chapter 22, O.S.L. 2017 (19 O.S. Supp.
3360 2020, Section 215.22), is amende d to read as follows:
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3561 Section 215.22 A. The district attorney is hereby authorized
3662 to destroy all or a portion of his or her office records and files
3763 relating to:
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3964 1. Any felony case or record relating to a felony investigation
4065 except where a homicide is involved, provided a period of ten (10)
4166 years shall have elapsed since the last action in said case and
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4294 provided, or where the district attorney shall digitize has
4395 digitized or provide provided computer storage for such felony
4496 cases;
45- ENR. H. B. NO. 2778 Page 2
4697 2. Any misdemeanor or case, traffic case, wildlife case or
4798 record relating to a misdemeanor or, traffic or wildlife
4899 investigation, provided a period of five (5) years shall have
49-elapsed since the last action in said case and provided, or where
50-the district attorney in his or her discretion may digitize has
100+elapsed since the last action in said case and provided or where the
101+district attorney in his or her discretion may digitize has
51102 digitized or provide provided computer storage for such misdemeanor
52103 or, traffic or wildlife cases to be destroyed;
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54104 3. Any juvenile case, provided a period of ten (10) years shall
55105 have elapsed since the last action in said ca se and provided, or
56106 where the district attorney in his or her discretion may digitize
57107 has digitized or provide provided computer storage for such juvenile
58108 case to be destroyed; and
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60109 4. Any civil case, pro vided a period of ten (10) years shall
61110 have elapsed since the last action in said case and provided, or
62111 where the district attorney in his or her discretion may digitize
63112 has digitized or provide provided computer storage for such civil
64113 case to be destroyed .
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66114 B. The district attorney is authorized to reprodu ce a copy of
67115 such record, file or case stored digitally or in computer storage as
68116 provided in this section and such copy or computer -generated image
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69144 or record may be used by the district attorney in lieu of the
70145 destroyed record, file or case, for all purpo ses.
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72-SECTION 2. This act shall become effective November 1, 2021. ENR. H. B. NO. 2778 Page 3
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74-Passed the House of Representatives the 3rd day of March, 2021.
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79- Presiding Officer of the House
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83-Passed the Senate the 21st day of April, 2021.
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88- Presiding Officer of the Senate
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92-OFFICE OF THE GOVERNOR
93-Received by the Office of the Governor this ____________________
94-day of ___________________, 20_______, at _______ o'clock _______ M.
95-By: _________________________________
96-Approved by the Governor of the State of Oklahoma this _________
97-day of ___________________, 20_______, at _______ o'clock _______ M.
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100- _________________________________
101- Governor of the State of Oklahoma
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103-OFFICE OF THE SECRETARY OF STATE
104-Received by the Office of the Secretary of State this __________
105-day of ___________________, 20_______, at _______ o'clock _______ M.
106-By: _________________________________
146+SECTION 2. This act shall become effective November 1, 2021.
147+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
148+March 23, 2021 - DO PASS