Oklahoma 2022 Regular Session

Oklahoma House Bill HB4157 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	Req. No. 10103 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	2nd Session of the 58th Legislature (2022)
31	31
32	32	HOUSE BILL 4157 By: Goodwin
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to torts; stating liability of peace
41	41	officers for injuries related to the deprivation of
42	42	certain rights; making statutory immunities and
43	43	limitations on liability, damages, and attorney fees
44	44	inapplicable to claims broug ht by plaintiffs;
45	45	prohibiting the assertion of qualified immunity as a
46	46	defense to liability; providing for the award of
47	47	reasonable attorney fees a nd costs; directing
48	48	employers to indemni fy peace officers under certain
49	49	circumstances; prohibiting indemnifica tion of peace
50	50	officers under certain circumstances; providing for
51	51	codification; and providing an effective date .
52	52
53	53
54	54
55	55
56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of law to be codified
58	58	in the Oklahoma Statutes as Section 121 of Title 76, unless there is
59	59	created a duplication in numbering, reads as follows:
60	60	A. A peace officer, as defined in Section 99 of Title 21 of t he
61	61	Oklahoma Statutes, em ployed by the state or any political
62	62	subdivision of this state who, under color of law, subjects or
63	63	causes to be subjected, including failing to intervene, any other
64	64	person to the deprivation of any indiv idual rights that creat e
65	65	binding obligations on gove rnment actors secured by the Bill of
66	66
67	67	Req. No. 10103 Page 2 1
68	68	2
69	69	3
70	70	4
71	71	5
72	72	6
73	73	7
74	74	8
75	75	9
76	76	10
77	77	11
78	78	12
79	79	13
80	80	14
81	81	15
82	82	16
83	83	17
84	84	18
85	85	19
86	86	20
87	87	21
88	88	22
89	89	23
90	90	24
91	91
92	92	Rights, Article II of the Oklahoma Constitution, is liable to the
93	93	injured party for legal or equitable relief or any other appropriate
94	94	relief.
95	95	B. Statutory immunities and statutory limitations o n liability,
96	96	damages, or attorney fees do not apply to claims brought p ursuant to
97	97	this section. The Governmental Tort Claims Act shall not apply to
98	98	claims brought pursuant to this section.
99	99	C. Qualified immunity is not a defens e to liability pursuant to
100	100	this section.
101	101	D. In any action brought pursuant to this section, a cour t
102	102	shall award reasonable attorney fees and costs to a prevailing
103	103	plaintiff. In actions for injunctive relief, a court shall deem a
104	104	plaintiff to have prevail ed if the lawsuit of the plai ntiff was a
105	105	substantial factor or significant catalyst in obtaining th e results
106	106	sought by the litigation. When a judgment is entered in favor of a
107	107	defendant, the court may award reasonable costs and attorney fees to
108	108	the defendant for defending any claims the court finds frivolou s.
109	109	E. The employer of the peace officer sh all indemnify its peace
110	110	officer for any liability incurred by the peace officer and for any
111	111	judgment or settlement entered against the peace officer for claims
112	112	arising pursuant to this sect ion; except that, if the employer of
113	113	the peace officer determines the peace officer did not act upon a
114	114	good-faith and reasonable belief that the action was lawful, then
115	115	the peace officer shall be personally liable and shall not be
116	116
117	117	Req. No. 10103 Page 3 1
118	118	2
119	119	3
120	120	4
121	121	5
122	122	6
123	123	7
124	124	8
125	125	9
126	126	10
127	127	11
128	128	12
129	129	13
130	130	14
131	131	15
132	132	16
133	133	17
134	134	18
135	135	19
136	136	20
137	137	21
138	138	22
139	139	23
140	140	24
141	141
142	142	indemnified by the employer of t he peace officer for five percent
143	143	(5%) of the judgment or settl ement or Twenty-five Thousand Dollars
144	144	($25,000.00), whichever is less. Notwithstanding any provision of
145	145	this section to the contrary, if the peace officer's portion of the
146	146	judgment is uncollec tible from the peace off icer, the employer of
147	147	the peace officer or insurance provider shall satisfy the full
148	148	amount of the judgment or settlement . The peace officer shall not
149	149	be indemnified by the employer for any monet ary judgments or legal
150	150	expenses, including at torney fees, if the conduct of the peace
151	151	officer from which the claim arose constituted a criminal offense
152	152	and the peace officer was convicted of said criminal offense.
153	153	SECTION 2. This act shall become effective November 1, 2022.
154	154
155	155	58-2-10103 GRS 01/18/22