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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 47 By: Coleman of the Senate
and
Pfeiffer of the House
An Act relating to district attorneys; amending 19
O.S. 2011, Section 215.22, as last amended by Section
4, Chapter 22, O.S.L. 2017 (19 O.S. Supp. 2020,
Section 215.22), which relates to destruction and
reproduction of records; modifying requirements for
destruction of certain records; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 215.22, as
last amended by Section 4, Chapter 22, O.S.L. 2017 (19 O.S. Supp.
2020, Section 215.22), is amended to read as follows:
Section 215.22. A. The district attorney is hereby authorized
to destroy all or a portion of his or her office records and files
relating to:
1. Any felony case or record relating to a felony investigation
except where a homicide is involved , provided if a period of ten
(10) years shall have has elapsed since the last action in said the
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case and provided or if the district attorney shall digitize has
digitized or provide provided computer storage for such felony cases
or records;
2. Any misdemeanor, wildlife or traffic case or record relating
to a misdemeanor, wildlife or traffic investigation , provided if a
period of five (5) years shall have has elapsed since the last
action in said the case and provided or if the district attorney in
his or her discretion may digitize has digitized or provide provided
computer storage for such misdemeanor , wildlife or traffic cases to
be destroyed;
3. Any juvenile case , provided if a period of ten (10) years
shall have has elapsed since the last action in said the case and
provided or if the district attorney in his or her discretion may
digitize has digitized or provide provided computer storage for such
juvenile case to be destroyed; and
4. Any civil case, provided if a period of ten (10) years shall
have has elapsed since the last action in said the case and provided
or if the district attorney in his or her discretion may digitize
has digitized or provide provided computer storage for such civil
case to be destroyed.
B. The district attorney is authorized to reproduce a copy of
such a record, file or case stored digitally or in computer storage
as provided in this section and such copy or computer -generated
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image or record may be used by the district attorney in lieu of the
destroyed record, file or case, for all purposes.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/24/2021 - DO PASS.