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