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ENGROSSED SENATE
BILL NO. 457 By: Dahm, Hamilton and
Bergstrom of the Senate
and
O'Donnell of the House
An Act relating to the Oklahoma Open Records Ac t;
amending 51 O.S. 2011, Section 24A.8, as last amended
by Section 2, Chapter 370 , O.S.L. 2015 (51 O.S. Supp.
2020, Section 24A.8), which relates to disclosure of
law enforcement records; requiring disclosure of
recordings from certain equipment; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.8, as
last amended by Section 2, Chapter 370, O.S.L. 2015 (51 O.S. Supp.
2020, 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, and occupation of the
arrestee;
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2. Facts concerning the arrest , including the cause of arrest
and the name of the arresting officer;
3. A chronological list of all incidents , including initial
offense report information showing the offe nse, date, time, general
location, officer, and a brief summary of what occurred;
4. Radio logs, including a chronological lis ting of the calls
dispatched;
5. Conviction information , including the name of an y person
convicted of a criminal offense;
6. Disposition of all warrants , including orders signed by a
judge of any court commanding a law enforcement officer to arrest a
particular person;
7. A crime summary, including an agency summary of crimes
reported and public calls for service by classificati on or nature
and number;
8. Jail registers, including jail blotter data or jail booki ng
information recorded on persons at the time of incarceration showing
the name of each prisoner with the date and cause o f commitment, the
authority committing the pris oner, whether committed for a criminal
offense, a description of the prisoner, and the date or manner of
discharge or escape of the prisoner;
9. Audio and video recordings from recording equipment attached
to law enforcement vehicles or unmanned aircraft as defined in
Section 322 of Title 3 of the Oklahoma Statutes, associated audio
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recordings from recording equipment on the pers on of a law
enforcement officer or audio and video recordings from any other
source used by a law enforcement agency ; provided, 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 whi ch:
a. depict the death of a person or a dead body, unless
the death was effected by a law enforcement officer,
b. depict nudity,
c. would identify minors under the age of sixte en (16)
years or would undermine any requ irement to keep
certain juvenile recor ds confidential as provided for
in Title 10A of the Oklahoma Statutes,
d. depict acts of severe violence resulting in great
bodily injury, as defined in Section 11 -904 of Title
47 of the Oklahoma Statutes, against pers ons 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 Oklahoma Statutes, unless the
great bodily injury was effected by a la w enforcement
officer,
f. include personal medical information that is not
already public,
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g. would undermine the assertion of a privilege provided
in Section 1-109 or Section 3-428 of Title 43A of the
Oklahoma Statutes for detention or transportation for
mental health evaluation or treatment or drug or
alcohol detoxification purpos es,
h. include personal information other than the name or
license plate number of a per son not arrested, cited,
charged or issued a writ ten warning. Such personal
information shall include any government -issued
identification number, date of birth, addre ss or
financial information, or
i. reveal the identity of law enforcement officers who
have become subject to internal investigation by t he
law enforcement agency 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 enforcement agency after the la w
enforcement agency has concluded the investigat ion and
rendered a decision as to final d isciplinary action.
At such time when an investigation has concluded and
the law enforcement agency has rendered its decision
as to final disciplinary action, the po rtions of the
recordings previously withheld as p rovided for in this
subparagraph shall be available for public inspection
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and copying. The audio and video recordings withheld
as provided for in this subparagraph shall be
available for public inspection a nd copying before the
conclusion of the investiga tion if the investigation
lasts for an unreasonable amount of time; and
10. a. Audio and video recordings from recordin g equipment
attached to the person of a law enforcement officer
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 person being
arrested, cited, charg ed or receiving a written
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,
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(8) actions by a law enforcement officer that have
become the cause of an investigation or charges
being filed,
(9) recordings in the public i nterest that may
materially aid a dete rmination of whether law
enforcement officers are appropriately performing
their duties as public servants, or
(10) any contextual events occurring before 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 effecte d by a law
enforcement officer,
(2) depict nudity,
(3) would identify minors under the a ge of sixteen
(16) years or would undermine any r equirement to
keep certain juvenile recor ds confidential as
provided for in Title 10A of the Oklahoma
Statutes,
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(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 clearly visible, unless the act
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 Statute s,
unless the great bodily injury was effected by a
law enforcement officer,
(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 detention
or transportation for mental health evaluation or
treatment or drug or alcohol detoxification
purposes,
(8) identify alleged victims of s ex crimes or
domestic violence,
(9) identify any person who provides information to
law enforcement or the information provided by
that person when that person requests anonymity
or where disclosure of the identity o f the person
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or the information provided could reasonably be
expected to threaten or endanger the physical
safety or property of the person or the physical
safety or property of others,
(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 o ther than the name
or license plate number of a p erson not
officially arrested, cited, cha rged or issued a
written warning. Suc h personal information shall
include any government-issued identification
number, date of birth, address or financial
information,
(12) include information that would materially
compromise an ongoing criminal investiga tion or
ongoing criminal prosecution, provided that:
(a) ten (10) days followi ng the formal
arraignment or initial appearance, whichever
occurs first, of a person cha rged in the
case in question, the recording shall be
made available for public inspection and
copying with no redaction of the p ortions
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that were temporarily withheld b y reliance
on this division. Provided, before
potential release of a recording as provi ded
for in this subdivision, the prosecutor or
legal representative of the person charged
may request from the appropriate distr ict
court an extension of time during wh ich the
recording may be withheld under the
provisions of this division. When a request
for an extension of time has been filed with
the court, the recording in 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 recording will materially
compromise an ongoing criminal investigation
or criminal prosecution or on the grounds
that release of the recording will
materially compromise the right of an
accused to a fair trial that has yet to
begin. Courts considering such requests
shall conduct a hearing and consider whether
the interests of the public outweigh the
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interests asserted by the parties. In
response to such requests, the court shall
order that the recording be made available
for public inspectio n and copying with no
redaction of the portions t hat 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 ex tension
shall only be ordered by the court for an
additional six-month period of time or l ess
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 ca se 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 ma de to the
appropriate district court. In situati ons
where one hundred twenty (120) days h ave
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expired since the creation of the recording,
criminal charges have not bee n filed against
a person and the recording is being withheld
on the grounds provided for in this
division, courts considering appeals to the
use of the provisions of this divisio n 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 order 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 provisions of this
division. An order granting an extension of
time shall be applicable to the reco rding
against all appellants for the duration of
the extension. Provided, each such tim e
extension shall only be ordered by the
district court for an additional twelve-
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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
question automatically cancels any extension
of time. A new request for an extension 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 wit hheld on the grounds
provided for in this divisio n shall be made
available for public insp ection 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 resul t of an
event depicted in the recording. The opt ion to
protect the identity of a law enfo rcement officer
shall not be available to the law enforcement
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agency after the law enforcement agency has
concluded the investigation and rendered a
decision as to final disciplinary action. At
such time when an in vestigation 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 division shall b e available
for public inspection and copying. T he 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 investigation if the
investigation lasts for an unreasonable amount of
time.
B. Except for the records listed in subsection A of t his
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 for denial. The pro visions 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 t he Oklahoma Open Records Act or as otherwise
provided by law.
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C. Nothing contained in thi s section imposes any new
recordkeeping requirements. Law enforcement records shall be kept
for as long as is now or may hereafter be specified by law. Absent
a legal requirement for the keeping of a law enforceme nt record for
a specific time period, law enforcement agencies shall maintain
their records for so long as needed for a dministrative purposes.
D. Registration files maintained by the Department of
Corrections pursuant to the provisions of the Sex Offender s
Registration Act shall be made availabl e 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 maintains
pursuant to Section 331 1 of Title 70 of the Oklahoma Statutes an d
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 o ther teaching materials; and
personal communicati ons concerning individual students except under
the following circumstances:
1. To verify the current certification st atus of any peace
officer;
2. As may be required to perform the duties imposed by Secti on
3311 of Title 70 of the Oklahoma Statutes;
3. To provide to any peace officer copies o f the records of
that peace officer up on submitting a written request;
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4. To provide, upon written request, to any law enforcement
agency conducting an official inve stigation, copies of the records
of any peace officer who is the subject of such investiga tion;
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 distric t court of the State of
Oklahoma.
F. The Department of Public Safety shall keep confident ial:
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 Communicatio ns 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 ra dio logs:
(1) telephone numbers,
(2) addresses other than the location of 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 2 721 through
2725; and
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2. For the purpose of prev enting identity theft and invasion of
law enforcement computer systems, except as provided in Title 47 of
the Oklahoma Statutes, all driving records.
SECTION 2. It being immediately necessa ry for the preservation
of the public peace, healt h or safety, an emergency is hereby
declared to exist, by reason whereof this resolution shall take
effect and be in full force from and after its passage and approval.
Passed the Senate the 3rd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives