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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2919 By: Goodwin
AS INTRODUCED
An Act relating to law enforcement; directing the
Oklahoma State Bureau of Investigation to create
certain annual report; directing the Oklahoma Highway
Patrol Division and local law enforcement agencies to
submit use-of-force incidents to the Bureau;
specifying information to be submitted; prohibiting
certain personal identification information from
being reported; making certain data ava ilable to the
public; directing the Bureau to maintain statewide
database; requiring publication of data on website of
the Bureau; providing for suspension of peace officer
certification for noncompliance; defining terms;
providing for codification; and pr oviding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 150.21c of Title 74, unless
there is created a du plication in numbering, reads as follows:
A. Beginning July 1, 2023, the Oklahoma State Bureau of
Investigation shall create an annual report regarding use-of-force
incidents involving peace officers in Oklahoma. The report shall
include all of the information that is reported to the Bureau
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pursuant to subsection B of this section by law enforcement agencies
that employ peace officers in this state.
B. Beginning January 1, 2023, the Oklahoma Highway Patrol
Division of the Department of Public Safety and each local law
enforcement agency that employs peace officers in this state shall
report to the Bureau:
1. All use of force by its peace officers that results in death
or bodily injury, including:
a. the date, time and location of the use of force,
b. the perceived demographic information of the person
contacted, provided that the identification of these
characteristics is based on the observation and
perception of the peace officer making the c ontact and
other available data,
c. the names of all peace off icers who were at the scene,
identified by whether the peace officer was involved
in the use of force or not , provided that the identity
of other peace officers at the scene not directly
involved in the use of force shall be identified by
the identification number of the officer unless the
peace officer is charged criminally or is a defendant
in a civil suit as a resul t arising from the use of
force,
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d. the type of force used, the severity and nature of the
injury, whether the peace officer suffered physica l
injury and the severity of the injury suffered by the
peace officer,
e. whether the peace officer was on duty at the time of
the use of force,
f. whether a peace officer unholstered a weapon during
the incident,
g. whether a peace officer discharged a fi rearm during
the incident,
h. whether the use of force resulted in a law enforcement
agency investigation and the result of the
investigation, and
i. whether the use of force resulted in a citizen
complaint and the resolution of that complaint;
2. All instances when a peace officer resigned while under
investigation or was terminated for violating department policy ;
3. All data relating to contacts conducted by its peace
officers, including:
a. the perceived demographic information of the person
contacted, provided that the identification of these
characteristics is based on the observation and
perception of the peace officer making the contact and
other available data ,
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b. whether the contact was a traffic stop,
c. the time, date and location of the contac t,
d. the duration of the contact,
e. the reason for the contact,
f. the suspected crime,
g. the result of the contact, such as:
(1) no action, warning, citation, property seizure or
an arrest,
(2) if a warning or citation was issued, the warning
provided or violation cited,
(3) if an arrest was made, the offense charged , or
(4) if the contact was a traffic stop, the
information collected , which shall include the
driver and contact with any passengers in the
motor vehicle or pedestrians, and
h. the actions taken by the peace officer during the
contact including, but not limited to, whether:
(1) the peace officer asked for consent to search the
person, and, if so, whether consent was provided ,
(2) the peace officer searched the person or any
property, and, if so, the basis for the search
and the type of contraband or evidence
discovered, if any,
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(3) the peace officer seized any property and, if so,
the type of property that was seized and the
basis for seizing the property,
(4) a peace officer unholste red a weapon during the
contact, and
(5) a peace officer discharged a firearm during the
contact; and
4. All instances of unannounced entry into a residence, with or
without a warrant, including:
a. the date, time and location of the use of unannounced
entry,
b. the perceived demographic information of the subject
of the unannounced entry, provided that the
identification of these characteristics is based on
the observation and perception of the peace officer
making the entry and other available data,
c. whether a peace officer unholstered a weap on during
the unannounced entry, and
d. whether a peace officer discharged a firearm during
the unannounced entry.
C. The Oklahoma Highway Patrol and local law enforcement
agencies shall not report the name , address, Social Security number
or other unique personal identifying information of the subject of
the use of force, victim of the official misconduct or persons
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contacted, searched or subjected to a property seizure. The data
reported pursuant to this section shall be available to the public
pursuant to subsection D of this section.
D. The Oklahoma State Bureau of Investigation shall maintain a
statewide database with data collected pursuant to the provisions of
this section, in a searchable format, and publish the da tabase on
its website.
E. Any local law enforcement agency that fails to meet its
reporting obligations pursuant to the provisions of this section
shall have the certification of its peace officers suspended
indefinitely by the Council on Law Enforcement Education and
Training until compliance with the provisions of this section have
been met.
F. As used in this section:
1. "Law enforcement agency " means any department or agency of
the state, a county, a municipality, or political subdivision
thereof, with the duties to maintain pub lic order, make arrests and
enforce the criminal laws of this state or municipal ordinances,
which employs CLEET-certified personnel; and
2. "Peace officer" shall have the same meaning as that term is
defined in Section 99 of Title 21 of the Okla homa Statutes.
SECTION 2. This act shall become effective November 1, 2021.
58-1-6099 GRS 01/15/21