Oklahoma 2022 Regular Session

Oklahoma House Bill HB3021 Compare Versions

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Version 2 (New)

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1		-	An Act
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	30	+	March 29, 2022
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3	34		BILL NO. 3021 By: Worthen of the House
4	35
5	36		and
6	37
7	38		Weaver of the Senate
8		-
9		-
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14	43		An Act relating to common carriers; ame nding 13 O.S.
15	44		2021, Sections 176.2 and 176.11, which relate to the
16	45		Security of Communications Act; expanding scope of
17	46		certain definition; updating statutory citation;
18	47		changing entity that receives written repo rts
19	48		concerning interceptions; directing the Clerk of the
20	49		Court of Criminal Appeals to maintain repor ts as
21	50		confidential records; and providing an effective
22	51		date.
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24	53
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26		-	SUBJECT: Common carriers
27		-
28	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	56		SECTION 1. AMENDATORY 13 O.S. 2021, Section 176.2, is
31	57		amended to read as follows:
32		-
33	58		Section 176.2 As used in the Security of Communications Act:
34		-
35	59		1. "Aggrieved person" means a person who was a party to any
36	60		intercepted wire, oral or electronic communication or a person
37	61		against whom the interception was directed;
38		-
39	62		2. "Aural acquisition" means obtaining knowledge of a
40	63		communication through the sense of hearing which is contemp oraneous
41	64		with the communication;
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43	92		3. "Aural transfer" means a transfer containing the human voice
44	93		at any point between and including the point of origin and the point
45	94		of reception;
46		-	ENR. H. B. NO. 3021 Page 2
47	95		4. "Communication common carrier" means, for the purposes of
48	96		the Security of Communications Act only, any telephone or telegraph
49	97		company, rural telephone cooperative, communications transmission
50	98		company or other public communicatio ns company under the laws of
51	99		this state;
52		-
53	100		5. "Communication facility" means any and all public and
54	101		private instrumentalities used or useful in the transmission of
55	102		writing, signs, signals, pictures, or sounds of all kinds and
56	103		includes mail, telephone, wire, radio, and all other means of
57	104		communication;
58		-
59	105		6. "Contents", when used with respect to any wire, o ral or
60	106		electronic communication, includes any information concerning the
61	107		substance, purport or meaning of that communication;
62		-
63	108		7. "Electronic communication " means any transfer of signs,
64	109		signals, writing, images, sounds, data, or intelligence of any
65	110		nature transmitted in whole or in part by a wire, radio,
66	111		electromagnetic, photoelectronic or photooptical photo-optical
67	112		system, but does not include:
68		-
69	113		a. any wire or oral communic ation,
70		-
71	114		b. any communication made through a tone-only paging
72	115		device, or
73	116
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74	143		c. any communication from a tracking device;
75		-
76	144		8. "Electronic, mechanical or other device " means any device or
77	145		apparatus which can be used to intercept a wire, oral or electronic
78	146		communication other than:
79		-
80	147		a. any telephone or telegraph instrument, equipment or
81	148		facility or any component thereof furnished to the
82	149		subscriber or user by a communication common carrier
83	150		or other lawful supplier in the ordinary course of its
84	151		business which is being used by the subscriber o r user
85	152		in the ordinary course of its business, or being used
86	153		by a communication common carrier in the ordinary
87	154		course of business or being used by a law enforcement
88	155		officer in the ordinary course of duties, or
89		-
90	156		b. a hearing aid or similar device being used to correct
91		-	subnormal hearing to not better than normal; ENR. H. B. NO. 3021 Page 3
92		-
	157	+	subnormal hearing to not better than normal;
93	158		9. "Intercept" means the aural acquisition of the contents of
94	159		any wire, oral or electronic communication through the use of any
95	160		electronic, mechanical or other device;
96		-
97	161		10. "Judge of competent jurisd iction" means the Presiding Judge
98	162		of the Court of Criminal A ppeals or any other Judge of the Court of
99	163		Criminal Appeals designated by the Presiding Judge ;
100		-
101	164		11. "Law enforcement officer " means any person who is employed
102	165		by the United States, this state or po litical subdivision thereof
103	166		and is empowered by law to condu ct investigations of, or to make
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104	194		arrests for, offenses enumerated in the Security of Communications
105	195		Act or similar federal offenses and any attorney authorized by law
106	196		to prosecute or participate i n the prosecution of such offenses;
107		-
108	197		12. "Oral communication" means any communication uttered by a
109	198		person exhibiting an expectation that such communication is not
110	199		subject to interception under circumstance justifying such
111	200		expectation;
112		-
113	201		13. "Person" means any individual, partnership, association,
114	202		joint-stock company, trust, corporation or political subdivision
115	203		including an employee or agent thereof; and
116		-
117	204		14. "Wire communication" means any aural transfer made in whole
118	205		or in part through the use of facilities for the transmission of
119	206		communications by the aid of wire, c able or other like connection
120	207		between the point of origin and the point of reception , including
121	208		the use of such connection in a switching station, furnished or
122	209		operated by any person engaged in pr oviding or operating such
123	210		facilities for the transmission of intrastate, interstate or foreign
124	211		communications or communications affecting intrastate, interstate or
125	212		foreign commerce.
126		-
127	213		SECTION 2. AMENDATORY 1 3 O.S. 2021, Section 176. 11, is
128	214		amended to read as follows:
129		-
130	215		Section 176.11 A. Within thirty (30) days after the expiration
131	216		of an order, or each extension thereof, entered under Section 7
132	217		176.7 of this act title, or the denial of an order approving an
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133	245		interception, the judge of c ompetent jurisdiction shall submit in
134	246		file a sealed, written report to with the Administrative Director of
135	247		the Courts Clerk of the Court of Criminal Ap peals that includes the
136		-	following information: ENR. H. B. NO. 3021 Page 4
137		-
	248	+	following information:
138	249		1. The fact that an order or ext ension was applied for;
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140	250		2. The kind of order or extension applied for;
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142	251		3. The fact that the order or extension was granted as applied
143	252		for, was modified, or was denied;
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145	253		4. The period of interceptions authorized by the order, and the
146	254		number and duration o f any extensions of the o rder;
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148	255		5. The offense specified in the order or application, or
149	256		extension of an order;
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151	257		6. The identity of the law enforcement officer and the agency
152	258		making the request for the application an d the district attorney
153	259		requesting the Attorney General to make t he application; and
154		-
155	260		7. The nature of the facilities from which or the place where
156	261		communications were to be intercepted.
157		-
158	262		B. In January of each year, the Attorney General shall submit
159	263		in file a sealed, written report to with the Administrative Director
160	264		of the Courts Clerk of the Court of Criminal Appeals that includes
161	265		the following information:
	266	+	1. Regarding an order or extension:
	267	+	a. the fact that it was applied for ,
	268	+	b. the kind applied for,
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163		-	1. Regarding an order or extension:
164		-
165		-	a. the fact that it was applied for ,
166		-
167		-	b. the kind applied for,
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168	295
169	296		c. the fact that it was granted as appli ed for, was
170	297		modified, or was denied,
171		-
172	298		d. the period of interceptions authorized, and the num ber
173	299		and duration of any extensions of the order,
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175	300		e. the offense specified,
176		-
177	301		f. the identity of the law enforcement officer and the
178	302		agency making the request for the a pplication and the
179	303		district attorney requesting the Attorney General to
180	304		make the application, and
181		-	ENR. H. B. NO. 3021 Page 5
182	305		g. the nature of the faciliti es from which or the place
183	306		where communications were to be int ercepted;
184		-
185	307		2. A general description of the interceptions made under such
186	308		order or extension, including:
187		-
188	309		a. the approximate nature and frequency of incriminati ng
189	310		communications intercepted,
190		-
191	311		b. the approximate nature and frequency of other
192	312		communications intercepted,
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194	313		c. the approximate number of persons whose communications
195	314		were intercepted, and
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197	315		d. the approximate nature, amount, and cost of the
198	316		manpower and other resources used in the
199	317		interceptions;
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201	345		3. The number of arrests resulting from interceptions made
202	346		under such order or extension, and the offenses for which arrests
203	347		were made;
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205	348		4. The number of trials resulting from such interceptions;
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207	349		5. The number of mo tions to suppress made with respect to such
208	350		interceptions, and the number granted or denied;
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210	351		6. The number of convictions resulting from such interceptions
211	352		and the offenses for which the co nvictions were obtained and a
212	353		general assessment of the importance of the interceptions; and
213		-
214	354		7. The information required by paragraphs 2 th rough 6 of this
215	355		subsection with respect to orders or extensions obtained in a
216	356		preceding calendar year.
217		-
218	357		C. The Clerk of the Court of Criminal Appeals shall maintain
219	358		the reports submitted pursuant to this section as confidential
220	359		records which shall not be d isclosed or made public absent an order
221	360		from the Presiding Judge of the Court of Criminal Appeals.
222		-
223	361		SECTION 3. This act shall become effective November 1, 2022.
224		-
225		-
226		-	ENR. H. B. NO. 3021 Page 6
227		-	Passed the House of Representatives the 9th day of March, 2022.
228		-
229		-
230		-
231		-
232		-	Presiding Officer of the House
233		-	of Representatives
234		-
235		-
236		-	Passed the Senate the 25th day of April, 2022.
237		-
238		-
239		-
240		-
241		-	Presiding Officer of the Senate
242		-
243		-
244		-	OFFICE OF THE GOVERNOR
245		-	Received by the Office of the Governor this ____________________
246		-	day of ___________________, 20_______, at _______ o'clock _______ M.
247		-	By: _________________________________
248		-	Approved by the Governor of the St ate of Oklahoma this _____ ____
249		-	day of ___________________, 20_______, at _______ o'clock _______ M.
250		-
251		-
252		-	_________________________________
253		-	Governor of the State of Oklahoma
254		-
255		-	OFFICE OF THE SECRETARY OF STATE
256		-	Received by the Office of the Secretary of State t his __________
257		-	day of ___________________, 20_______, at _______ o'clock _______ M.
258		-	By: _________________________________
259		-
	362	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	363	+	March 29, 2022 - DO PASS