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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1256 By: Dugger
AS INTRODUCED
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, S ections 24A.7 and 24A.8,
which relate to person nel records and law enforcement
records; authorizing nondisclosure of certain public
employee telephone numbers; modifying law enforcement
records available for public inspection; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A. 7, is
amended to read as follows:
Section 24A.7. A. A public body may keep personnel records
confidential:
1. Which relate to internal personnel investigations including
examination and selection material for employment, hiring,
appointment, promotion, demotion, di scipline, or resignation; or
2. Where disclosure would constitute a clearly unwarranted
invasion of personal p rivacy such as employee evaluations, payroll
deductions, employment applications submitted by persons not hi red
by the public body, and transcrip ts from institutions of higher
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education maintained in the personnel files of certified public
school employees; provided, however, that nothing in this subsecti on
shall be construed to exempt from disclosure the degree obtained and
the curriculum on the t ranscripts of certified public school
employees.
B. All personnel records not specifically falling within the
exceptions provided in subsection A or D of this section shall be
available for public inspection and copyin g including, but not
limited to, records of:
1. An employment application of a person who becomes a public
official;
2. The gross receipts of publ ic funds;
3. The dates of employment, title or po sition; and
4. Any final disciplinary action resulting in loss of pay,
suspension, demotion of position, or termination.
C. Except as may otherwise be made confidential by statute, an
employee of a public body shall have a right of access to his own
personnel file.
D. The home addresses, home telephone numbers, Social Security
numbers, private email addresses, and private mobile phone numb ers
of current and former public employees shall not be open to pub lic
inspection or disclosure; provided, however, t hat nothing in this
subsection shall be construed to exemp t from disclosure public
records created using a private email address or private mobile
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phone. A public body may designate and not disclose teleph one
numbers of public employees that are not inten ded for public use.
E. Except as otherwise required by Section 6 -101.16 of Title 70
of the Oklahoma Statutes, public bodies shall keep confidential all
records created pursuant to the Oklahoma Teacher and Leader
Effectiveness Evaluation System (TLE) which identify a current or
former public employee and contain any evaluation, observation or
other TLE record of such employee.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.8, is
amended to read as follows:
Section 24A.8. A. Law enforcement agencies shall make
available for public inspection and copying, if kept, the following
records:
1. An arrestee description , including the name, date of birth,
address, race, sex, phys ical description age, and occupation
photograph of the arrestee;
2. Facts Details concerning the arrest , including the cause of
alleged crime providing probable cause for the arrest and the name
of the arresting officer; provided, information not available to the
defendant pursuant to the Oklahoma Criminal Discovery Code shall not
be considered an open record pursuant to this paragraph;
3. A chronological list of all criminal incidents, including
initial offense report information showing the alleged offense,
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date, time, general location, officer, and a brief summary of what
occurred statement of whether an arrest was made ;
4. Radio Dispatch logs, including a chronological listing of
the calls dispatched by date and address, and names of office rs
dispatched to the scene;
5. Conviction information , including the name of any person
convicted of a criminal offense;
6. Disposition of all warrants , including orders signed by a
judge of any court commanding a law enfor cement officer to arrest a
particular person;
7. A crime summary, including an agency summary of cri mes
reported and public calls for service by classificati on or nature
and number;
8. Jail registers, including jail blotter data or jail booking
information recorded on persons at the time of incarceration showing
the name of each prisoner with the date a nd cause of commitment, the
authority committing the pris oner, whether committed for a criminal
offense, a description of the prisoner, and the date or man ner of
discharge or escape of the prisoner;
9. Audio and video recordings from recording equipment a ttached
to law enforcement vehicles or associated audio recordings from
recording equipment on the person of a law enforcement officer;
provided, the law enforcement agency may, before releasing any audio
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or video recording provided for in this paragraph, redact or obscure
specific portions of the recording whi ch:
a. depict the death of a person or a dead body, unless
the death was effected by a law enforce ment officer,
b. depict nudity,
c. would identify minors under the age of sixteen (16)
years or would undermine any requirement to keep
certain juvenile recor ds confidential as provided for
in Title 10A of the Oklahoma Statutes,
d. depict acts of severe vi olence resulting in great
bodily injury, as defined in Section 11-904 of Title
47 of the Oklahoma Stat utes, against persons that are
clearly visible, unless t he act of severe violence was
effected by a law enforcement officer,
e. depict great bodily injury , as defined in Section 11 -
904 of Title 47 of the Ok lahoma Statutes, unless the
great bodily injury wa s effected by a law enforcement
officer,
f. include personal medical information that is not
already public,
g. would undermine the assertion of a privile ge provided
in Section 1-109 or Section 3-428 of Title 43A of the
Oklahoma Statutes for detention or t ransportation for
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mental health evaluation or treatment or drug or
alcohol detoxification purposes,
h. include personal information other than the name or
license plate number of a person not arrested, cite d,
charged or issued a written warning. Such pers onal
information shall include any government -issued
identification number, date of birth, address or
financial information, or
i. reveal the identity of law enforcement officers who
have become subject to internal investigation by the
law enforcement agen cy as a result of an event
depicted in the recording. T he option to protect the
identity of a law enforcement officer shall not be
available to the law e nforcement agency after the law
enforcement agency h as concluded the investigation and
rendered a decision as to final disciplinary action.
At such time when an investigation has concluded and
the law enforcement agency has rendered its decision
as to final disciplinary action, the portions of the
recordings previously withheld as provided for in this
subparagraph shall be available for public inspection
and copying. The audio and video recordings withheld
as provided for in this subparagraph shall be
available for public inspection and copying before the
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conclusion of the investigation if the investigati on
lasts for an unreasonable amount of time; and
10. a. Audio and video recordings from recording equipment
attached to the person of a law enforcement of ficer
that depict:
(1) the use of any physical force or violence by a
law enforcement officer,
(2) pursuits of any kind,
(3) traffic stops,
(4) any person being arrested, cited, charged or
issued a written warning,
(5) events that directly led to any perso n being
arrested, cited, charged or receiving a writ ten
warning,
(6) detentions of any length for the purpose of
investigation,
(7) any exercise of authority by a law enforcement
officer that deprives a citizen of his or her
liberty,
(8) actions by a law enforcement officer that have
become the cause of an investigation or charges
being filed,
(9) recordings in the public interest that may
materially aid a dete rmination of whether law
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enforcement officers are appropriately performing
their duties as public servants, or
(10) any contextual events occurring be fore or after
the events depicted in divisions (1) through (9)
of this subparagraph.
b. Notwithstanding the provisions of subparagraph a of
this paragraph, the law enforcement agency may, before
releasing any audio or video recording provided for in
this paragraph, redact or obscure specific portions of
the recording that:
(1) depict the death of a person or a dead body,
unless the death was effected by a law
enforcement officer,
(2) depict nudity,
(3) would identify minors under the age of sixteen
(16) years or would undermine any requirement to
keep certain juvenile records confidential as
provided for in Title 10A of the Oklahoma
Statutes,
(4) depict acts of severe violence resulting in great
bodily injury, as defined in Section 11 -904 of
Title 47 of the Oklahoma Statutes, against
persons that are clearl y visible, unless the act
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of severe violence was effecte d by a law
enforcement officer,
(5) depict great bodily injury, as defined in Section
11-904 of Title 47 of the Oklahoma Statutes,
unless the great bodily injury was effected by a
law enforcement offi cer,
(6) include personal medical information that is no t
already public,
(7) undermine the assertion of a privilege as
provided in Section 1 -109 or Section 3-428 of
Title 43A of the Oklahoma Statutes for d etention
or transportation for mental health evalu ation or
treatment or drug or alcohol detoxification
purposes,
(8) identify alleged victims of sex crimes or
domestic violence,
(9) identify any person wh o provides information to
law enforcement or the inf ormation provided by
that person when that person requests anonymity
or where disclosure of the identity o f the person
or the information provided could reasonably be
expected to threaten or endanger the physical
safety or property of the person or the phy sical
safety or property of others,
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(10) undermine the assertion of a privilege to keep
the identity of an informer confidential as
provided for in Section 2510 of Title 12 of the
Oklahoma Statutes,
(11) include personal information other than the name
or license plate number of a person not
officially arrested, cited, charged or issued a
written warning. Suc h personal information shall
include any government -issued identification
number, date of birth, a ddress or financial
information,
(12) include information that would materially
compromise an ongoing criminal investigation or
ongoing criminal prosecution, provided that:
(a) ten (10) days following the formal
arraignment or initial appearance, whichever
occurs first, of a person charged in the
case in question, the recording shall be
made available for public inspection and
copying with no redaction of the p ortions
that were temporarily withheld by reliance
on this division. Provided, before
potential release of a recording as provided
for in this subdivision, the prosecutor or
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legal representative of t he person charged
may request from the appropriate distr ict
court an extension of time during which the
recording may be withheld under the
provisions of this division. When a request
for an extension of t ime has been filed with
the court, the recording i n question may be
withheld until the court has issued a
ruling. Such requests for an extension of
the time during which the recording may be
withheld may be made on the grounds that
release of the recordin g will materially
compromise an ongoing criminal i nvestigation
or criminal prosecution or on the grounds
that release of the recording will
materially compromise the right of an
accused to a fair trial th at has yet to
begin. Courts considering such reques ts
shall conduct a hearing and consider whether
the interests of the public outweigh the
interests asserted by the parties. In
response to such requests, the court shall
order that the recording be made available
for public inspection and copying with no
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redaction of the portions that were
temporarily withheld by reliance on this
division or order an extensio n of time
during which the recording may be withheld
under the provisions of this division.
Provided further, each such time extension
shall only be ordered by the court for an
additional six-month period of time or less
and cumulative time extensions sha ll not add
up to more than eighteen (18) months, or
(b) in the event that one hundred twenty (120)
days expire from the date of the events
depicted in the recording without any person
being criminally charged in the case in
question and release of a record ing or
portions of a recording have been denied on
the grounds provided for in this division,
an appeal of such denial may be made to the
appropriate district court. In situations
where one hundred twenty (120) days have
expired since the creation of the recording,
criminal charges have not been filed against
a person and the recording is being withhe ld
on the grounds provided for in this
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division, courts considering appeals to the
use of the provisions of this division for
temporarily withholding a record ing shall
conduct a hearing and consider whether the
interests of the public outweigh the
interests of the parties protected by this
division. In response to such appeals, the
district court shall or der that the
recording be made available for public
inspection and copying with no redaction of
the portions that were temporarily withheld
by reliance on this division or order an
extension of time during which the recording
may be withheld under the prov isions of this
division. An order granting an extension of
time shall be applicable to the recording
against all appellants for the duration of
the extension. Provided, each such time
extension shall only be ordered by the
district court for an additiona l twelve-
month period of time or less and cumulative
time extensions shall not add up to more
than three (3) years. Provided, charges
being filed against a person in the case in
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question automatically canc els any extension
of time. A new request for an e xtension of
time following an arraignment or initial
appearance may be requested by the parties
on the grounds and under the terms provided
for in subdivision (a) of this division.
The options presented in this division to
potentially withhold a recording or portions of a
recording on the grounds provided for i n this
division shall expire in totality four (4) years
after the recording was made at which time all
recordings previously withheld on the grounds
provided for in this division shall be made
available for public inspection and copying, or
(13) reveal the identity of law enforcement officers
who have become subject to internal investigation
by the law enforcement agency as a result of an
event depicted in the recording. The option to
protect the identity of a law enforcement officer
shall not be available to the law enforcement
agency after the law enforcement agency has
concluded the investigation an d rendered a
decision as to final disciplinary actio n. At
such time when an investigation has conclud ed and
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the law enforcement agency has rendered its
decision as to final disciplinary action, the
portions of the recordings previously withheld as
provided for in this division shall be available
for public inspection and copying. The audio and
video recordings withheld on the grounds provided
for in this division shall be available for
public inspection and copying before the
conclusion of the investigati on if the
investigation lasts for an unreasonable am ount of
time.
B. Except for the records listed in subsection A of this
section and those made open by oth er state or local laws, law
enforcement agencies may deny access to law enforcement records
except where a court finds that the public interest or the interest
of an individual outweighs the reason fo r denial. The provisions of
this section shall not oper ate to deny access to law enforcement
records if such records have been previously made available to the
public as provided in the Oklahoma Open Recor ds Act or as otherwise
provided by law.
C. Nothing contained in this section imposes any new
recordkeeping requirements. Law enforcement records shall be kept
for as long as is now or may hereafter be s pecified by law. Absent
a legal requirement for the keeping of a law enforcement record for
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a specific time period, law enforcement agencies shall maintain
their records for so long as needed for administrative purposes.
D. Registration files maintained by the Department of
Corrections pursuant to the pro visions of the Sex Offenders
Registration Act shal l be made available for public inspection in a
manner to be determined by the Department.
E. The Council on Law Enforcement Education and Training
(C.L.E.E.T.) shall keep confidential all records it mainta ins
pursuant to Section 3311 of Title 70 of the Ok lahoma Statutes and
deny release of records relating to any employed or certified full -
time officer, reserve officer, retired officer or other person;
teacher lesson plans, tests and other teaching material s; and
personal communications concerning individu al students except under
the following circumstances:
1. To verify the current certification status of any peace
officer;
2. As may be required to perfo rm the duties imposed by Section
3311 of Title 70 of the Oklahoma Statutes;
3. To provide to any peac e officer copies of the records of
that peace officer up on submitting a written request;
4. To provide, upon written request, to any law enforcement
agency conducting an official investigation, copies of t he records
of any peace officer who is the subject of such investigation;
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5. To provide final orders of a dministrative proceedings where
an adverse action was taken against a peace officer; and
6. Pursuant to an order of the district court of the State o f
Oklahoma.
F. The Department of Public Safety sh all keep confidential:
1. All records it maintains purs uant to its authority under
Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway
Patrol Division, the Communications Division, and other divisions of
the Department relating to:
a. training, lesson plans, teaching materials, tests, and
test results,
b. policies, procedures, and operations, any of which are
of a tactical nature, and
c. the following information from radio logs:
(1) telephone numbers,
(2) addresses other than the location o f incidents to
which officers are dispatched, and
(3) personal information which is contrary to the
provisions of the Driver 's Privacy Protection
Act, 18 United States Code, Sections 2721 through
2725; and
2. For the purpose of preventing identity theft a nd invasion of
law enforcement computer systems, except as provided in Title 47 of
the Oklahoma Statutes, all driving records.
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SECTION 3. This act shall become effective November 1, 2022.
58-2-2747 TEK 1/12/2022 10:09:41 AM