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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 209 By: Young
AS INTRODUCED
An Act relating to legislation; requiring prep aration
of racial impact statement for ce rtain legislation;
specifying procedures for f iling racial impact
statement; directing certain agencies to prepare
racial impact statements ; specifying contents of
statements; requiring filing of racial impact
statement before a bill may receive a floor he aring;
defining term; providing for codificati on; 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 t o be codified
in the Oklahoma Statutes as Section 456.2a of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. 1. A racial impact statement shall be prepared as provided
in this section for any bill filed in the Senate or House of
Representatives that will:
a. create a new offense,
b. significantly change an existing offense,
c. change the penalty for an existing offense, or
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d. change existing sentencing, parole or probation
procedures.
2. A racial impact statement shall be prepared and filed with
the chair of the committee to which the bill is referred bef ore the
bill is heard in the committee during a regular or special session
of the Legislature.
3. If a bill requiring a racial impact statement is amended, a
revised racial impact statement shall be prepared f or the bill as
amended.
B. 1. Except as provided in paragraph 2 of this subsection,
the Oklahoma Statistical Analysis Center at the Oklahoma State
Bureau of Investigation , with the assistance of the Department of
Mental Health and Substance Abuse Services, shall prepare the racial
impact statement required by this section.
2. The Oklahoma Statistical Analysis Center at the Oklahoma
State Bureau of Investigation , with the assistance of the Office of
Juvenile Affairs, shall prepare a racial impact statement for a bill
pursuant to subsection A of this section that has an impact on
minors.
3. The racial impact statement shall include without
limitation:
a. the estimated number of criminal cases per year that
the bill will affect,
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b. the impact of the bill on a minority as defined in
subsection E of this secti on,
c. the impact of the bill upon correctional facilities
and services, and
d. other matters deemed relevant to the bill at issue.
C. 1. If a racial impact sta tement indicates a disparate
impact on a minority as defined in subsection E of this section , the
sponsor of the bill shall consider whether the bill may be amended
to achieve its purpose with a lessened impact on minorities.
2. If a bill is amended to l essen its impact on minorities, the
sponsor of the bill shall identify in writing, in the bill and the
racial impact statement, the methodology used to lessen the impact
on minorities in the amended proposal.
3. If the sponsor of the bill elects not to ame nd the bill or
if the racial impact statement for an amended bill continues to
indicate a disparate impact on a minority, the sponsor of the bill
shall:
a. withdraw the bill, or
b. identify in writing, in the bill and the racial impact
statement, his or he r reasoning for proceeding with
the bill despite the disparate impact.
D. 1. If a bill is scheduled for a floor hearing in the Senate
or House of Representatives and a racial impact statement is
required by this section and has not been provided by the a uthor of
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the bill or by the committee to which the bill was referred, the
presiding officer of the Senate or House of Representatives shall
cause the bill to be referred for the preparation of a racial impact
statement, which shall be filed with the presiding officer at least
five (5) days prior to the bill again being scheduled for a floor
hearing.
2. The bill shall not be called back up for consideration until
a racial impact statement has been filed with the presiding officer.
E. For purposes of this s ection, “minority” shall mean African
American, Hispanic American, American Indian or Native A merican,
Asian and Pacific Islander.
SECTION 2. This act shall become effective November 1, 20 21.
58-1-980 MR 12/30/2020 1:01:37 PM