Oklahoma 2022 Regular Session

Oklahoma House Bill HB3906 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB3906 HFLR Page 1
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	3	+	Req. No. 9965 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
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33	30		2nd Session of the 58th Legislature (2022)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 3906 By: Pfeiffer, Smith, Steagall,
38		-	Roberts (Sean) and Lawson
	32	+	HOUSE BILL 3906 By: Pfeiffer
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45		-	COMMITTEE SUBSTITUTE
	38	+	AS INTRODUCED
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47	40		An Act relating to county officers; amending 19 O.S.
48	41		2021, Section 516, which relates to t he duty and
49	42		powers of peace officers; establi shing that county
50	43		sheriffs are the chief law en forcement officers of
51		-	the county; amending 19 O.S. 2021, Section 215.4,
52		-	which relates to the du ties of district attorneys;
53		-	establishing that district attorn eys are the chief
54		-	law enforcement officer of the district; and
55		-	providing an effective date .
	44	+	the county; and providing an effective date .
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61	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	51		SECTION 1. AMENDATORY 19 O.S. 2021, Section 516, i s
63	52		amended to read as follows:
64	53		Section 516. A. It shall be the duty of the sheriff,
65	54		undersheriffs and deputies to keep and preserve the peace of their
66	55		respective counties, and to quiet and suppress all affrays, riots
67	56		and unlawful assemblies and insurrect ions, for which purpose and for
68	57		the service of process in civil and criminal cases, and in
	58	+	apprehending or securing any person for felony or breach of the
	59	+	peace, they and every constable may call to their aid such person or
	60	+	persons of their county as they may deem necessary.
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70		-	HB3906 HFLR Page 2
71		-	BOLD FACE denotes Committee Amendments. 1
	62	+	Req. No. 9965 Page 2 1
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96		-	apprehending or securing any person for felony or breach of the
97		-	peace, they and every constable may call to their aid such person or
98		-	persons of their county as they may deem necessary.
99	87		B. The sheriff, in addition to the duties pursuant to
100	88		subsection A of this section, shall coordinate and administer
101	89		courthouse security.
102	90		C. The sheriff is recognized as a constitutional office and is
103		-	the chief law enforcement officer of the county. Nothing in this
104		-	section shall limit the jurisdiction of other law enforcement
105		-	agencies.
106		-	SECTION 2. AMENDATORY 19 O.S. 2021, Section 215.4, is
107		-	amended to read as follows :
108		-	Section 215.4 The district attorney, assistant district
109		-	attorneys, or special assistant district attorneys authorized by
110		-	subsection C of Section 215.37M of t his title, shall appear in all
111		-	trial courts and prosecute all actions for crime committed in the
112		-	district, whether the venue is changed or not; the district attorney
113		-	or assistant district attorneys shall prosecute or defend in all
114		-	courts, state and federal , in any county in this state, all civil
115		-	actions or proceedings in which any county in the d istrict is
116		-	interested, or a party unless representation for the county is
117		-	provided pursuant to subsection A of Section 215.3 7M of this title;
118		-	and the district attor ney or assistant district attorneys shall
119		-	assist the grand jury, if required, pursuant to Se ction 215.13 of
	91	+	the chief law enforcement officer of the county.
	92	+	SECTION 2. This act shall become effective November 1, 2022.
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121		-	HB3906 HFLR Page 3
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147		-	this title. The district attorney may at all times reques t the
148		-	assistance of district attorneys, assistant district attorneys,
149		-	district attorney in vestigators from other districts, or any
150		-	attorney employed by the District Attorneys Council who then may
151		-	appear and assist in the prosecution of actions for crime or assist
152		-	in investigation of crime in like manner a s assistants or
153		-	investigators in the dis trict. The district attorney is recognized
154		-	as a constitutional office and as the chief law enforcement officer
155		-	for his or her district. Nothing in this section shall limit the
156		-	jurisdiction of other law enforcement agencies.
157		-	SECTION 3. This act shall become effective November 1, 2022.
158		-
159		-	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMEN T,
160		-	dated 02/28/2022 - DO PASS, As Amended and Coauthored.
	94	+	58-2-9965 MJ 01/06/22