Oklahoma 2022 Regular Session

Oklahoma House Bill HB2778 Latest Draft

Bill / Enrolled Version Filed 04/22/2021

                            An Act 
ENROLLED HOUSE 
BILL NO. 2778 	By: Pfeiffer of the House 
 
   and 
 
  Coleman of the Senate 
 
 
 
 
 
 
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. 
 
 
 
 
SUBJECT: Counties and county officers 
 
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 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; 
  ENR. H. B. NO. 2778 	Page 2 
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 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. 
 
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.  ENR. H. B. NO. 2778 	Page 3 
 
Passed the House of Representatives the 3rd day of March, 2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 21st day of April, 2021. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________