Req. No. 6836 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2000 By: Goodwin AS INTRODUCED An Act relating to law enforcement; directing the Oklahoma State Bureau of Investigation to create certain annual report; directing the Oklahoma Highway Patrol Division and local law enforcement agencies to submit use-of-force incidents to the Bureau; specifying informati on to be submitted; prohibiting personal identification information from being reported; making certain data available to the public; directing the Bureau to maintain statewide database; requiring publication of data on website of the Bureau; providing for suspension of peace officer certification for noncompliance; defining terms; 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 150.21c of Title 74, unless there is created a dupli cation in numbering, reads as follows: A. Beginning July 1, 202 4, the Oklahoma State Bu reau of Investigation shall create an ann ual report regarding use-of-force incidents involving peace officers in Oklahoma. The report shall Req. No. 6836 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 include all the information that is reported to the Bureau pursuant to subsection B of this section by law enforcem ent agencies that employ peace officers i n this state. B. Beginning January 1, 202 4, the Oklahoma Highway Patrol Division of the Department of Public Safety and each l ocal law enforcement agency that employs peace officers in this state shall report to the Bureau: 1. All uses of force by its pe ace officers that results in death or bodily injury, including: a. the date, time, and location of the use of force, b. the perceived demographic information of the person contacted; provided, that the identificatio n of these characteristics is based on th e observation and perception of the peace officer making the contact and other available data, c. the names of all peace office rs who were at the scene, identified by whether the peace officer was involved in the use of force or not; provided, that the identity of other peace officers at the scene not directly involved in the use of force shall be identified by the identification number of the officer unless the peace officer is charged criminally or is a defendant in a civil suit as a result arising from t he use of force, Req. No. 6836 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. the type of force used, the severity and nature of the injury, whether the peace officer suffered physical injury, and the severity of the injury suffered by the peace officer, e. whether the peace officer was on duty at the time of the use of force, f. whether the peace officer unholstered a weapon during the incident, g. whether the peace officer discharged a firearm during the incident, h. whether the use of force resulted in a law enforcement agency investigation and the result of th at investigation, and i. whether the use of force resulted in a citizen complaint and the resolution of that complaint; 2. All instances when a peace officer resigned while under investigation or was terminated for violating department policy; 3. All data relating to contacts conducted by its peace officers, including: a. the perceived demographic information of the person contacted; provided, that the identification of these characteristics is based on the observa tion and perception of the peace officer making the contact and other available data, Req. No. 6836 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. whether the contact was a traffic stop, c. the time, date, and location of the contact, d. the duration of the contact, e. the reason for the contact, f. the suspected crime, g. the result of the contact, suc h as: (1) no action, warning, citation, property seizure, or an arrest, (2) if a warning or citation was issued, the warning provided, or violation cited, (3) if an arrest was made, the offense charged, or (4) if the contact was a traffic stop, the information collected, which shall include the driver and contact with any passengers in the motor vehicle or pedestrians, and h. the actions taken by the peace officer during the contact including, but not limite d to, whether: (1) the peace officer asked for con sent to search the person, and, if so, whether consent was provided, (2) the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any, Req. No. 6836 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) the peace officer seized any property, and, if so, the type of property that was seized and the basis for seizing the property, (4) a peace officer unholst ered a weapon during the contact, and (5) a peace officer discharged a firearm during the contact; and 4. All instances of unann ounced entry into a residence, with or without a warrant, including: a. the date, time, and location of the use of unannounced entry, b. the perceived demographic information of the subject of the unannounced entry; provided, that the identification of the se characteristics is based on the observation and perception of the peace officer making the entry and other available data, c. whether a peace officer unholstered a weapon during the unannounced entry, an d d. whether a peace officer discharged a firearm during the unannounced entry. C. The Oklahoma Highway Patrol and local law enforcement agencies shall not report the name, add ress, Social Security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, or persons Req. No. 6836 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 contacted, searched, or subjected to a property seizure. The data reported pursuant to this se ction shall be available to the public pursuant to subsection D of this section . D. The Oklahoma State Bureau of Investigation s hall maintain a statewide database with data collected pursuant to the provisions of this section, in a searchable format, and publish the database on its website. E. Any local law enforcement agency that fails to meet its reporting obligations pursuant t o the provisions of this section shall have the certification of its peace officers suspended indefinitely by the Council on La w Enforcement Education and Training until compliance with the provisions of th is section have been met. F. As used in this sect ion: 1. "Law enforcement agency " means any department or agency of the state, a county, a municipality, or political subdivisi on which employs CLEET-certified personnel, with duties to maintain public order, make arrests, and enforce the criminal laws of this sta te or municipal ordinances; and 2. "Peace officer" shall have the same meaning as that term is defined in Section 99 o f Title 21 of the Oklahoma Statutes. Req. No. 6836 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. This act shall become effective November 1, 2023. 59-1-6836 GRS 12/15/22