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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3906 By: Pfeiffer, Smith, Steagall,
Roberts (Sean) and Lawson
COMMITTEE SUBSTITUTE
An Act relating to county officers; amending 19 O.S.
2021, Section 516, which rela tes to the duty and
powers of peace officers; est ablishing that county
sheriffs are the chief law en forcement officers of
the county; amending 19 O.S. 2021, Section 215.4,
which relates to the du ties of district attorneys;
establishing that district attorn eys are the chief
law enforcement officer of the district; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 516, is
amended to read as f ollows:
Section 516. A. It shall be the duty of the sheriff,
undersheriffs and deputies to keep and preserve the peace of their
respective counties, and to quiet and suppress all affrays, riots
and unlawful assemblies and insurrect ions, for which purpose and for
the service of process in civil and criminal cases, and in
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apprehending or securing any person for felony or breach of the
peace, they and every constable may call to their aid such person or
persons of their county as they may deem necessary.
B. The sheriff, in addition to the duties pursuant to
subsection A of this section, shall coordinate and administer
courthouse security.
C. The sheriff is recognized as a constitutional office and is
the chief law enforcement officer of the county. Nothing in this
section shall limit the jurisdiction of other law enforcement
agencies.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 215.4, is
amended to read as follows :
Section 215.4 The district attorney, assistant district
attorneys, or special assistant district attorneys authorized by
subsection C of Section 215.37M of t his title, shall appear in all
trial courts and prosecute all actions for crime committed in the
district, whether the venue is changed or not; the district attorney
or assistant district attorneys shall prosecute or defend in all
courts, state and federal , in any county in this state, all civil
actions or proceedings in which any county in the d istrict is
interested, or a party unless representation for the county is
provided pursuant to subsection A of Section 215.3 7M of this title;
and the district attor ney or assistant district attorneys shall
assist the grand jury, if required, pursuant to Se ction 215.13 of
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this title. The district attorney may at all times reques t the
assistance of district attorneys, assistant district attorneys,
district attorney in vestigators from other districts, or any
attorney employed by the District Attorneys Council who then may
appear and assist in the prosecution of actions for crime or assist
in investigation of crime in like manner a s assistants or
investigators in the dis trict. The district attorney is recognized
as a constitutional office and as the chief law enforcement officer
for his or her district. Nothing in this section shall limit the
jurisdiction of other law enforcement agencies.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMEN T,
dated 02/28/2022 - DO PASS, As Amended and Coauthored.