Oklahoma 2022 Regular Session

Oklahoma House Bill HB4160 Compare Versions

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

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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 4160 By: Goodwin
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38	38	AS INTRODUCED
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40	40	An Act relating to criminal procedure; requiring the
41	41	use of audio or audiovisual recording equipment under
42	42	certain circumstances; prohib iting officers from
43	43	modifying recordings; making certain acts unlawful;
44	44	providing penalty; defining term; providing for
45	45	codification; and providing an effective date .
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. NEW LAW A new section of law to be codified
52	52	in the Oklahoma Statutes as Section 212 of Title 22, unless there is
53	53	created a duplication in numbering, reads as follows:
54	54	A. Beginning November 1, 202 2, every law enforcement agency in
55	55	this state that supplies its officers with audio o r audiovisual
56	56	recording equipment shall be required to have its officers use the
57	57	audio or audiovisual recording equipment at all times when
58	58	responding to a call for service or at the initiation of any other
59	59	law enforcement or investigative encounter betwee n officers and
60	60	members of the public.
61	61	B. Except as required by federal or state law or authorized by
62	62	a policy of the law enforcement agency, no officer of a law
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89	89	enforcement agency in this state shall edit, redact, era se, copy, or
90	90	otherwise alter or distri bute in any manner an audio or audiovisual
91	91	recording made by the audio or audiovisual recording equipment or
92	92	the data from such recording.
93	93	C. It shall be unlawful for a law enforcement officer, with the
94	94	intent to obstruct justice, to fail to turn on, to d isable, to turn
95	95	off, or operate audio or audiovisual recording equipment in any
96	96	manner that prevents the creation of evidence. Any law enforcement
97	97	officer who violates the provisions of this subsection shall, upon
98	98	conviction, be guilty of a misdemeanor.
99	99	D. As used in this section, "audio or audiovisual recording
100	100	equipment" means an electronic recording device that is capable of
101	101	recording audio or video with sound.
102	102	SECTION 2. This act shall become effect ive November 1, 2022.
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104	104	58-2-10102 GRS 01/18/22