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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2001 By: Goodwin
AS INTRODUCED
An Act relating to criminal procedure; requiring the
use of audio or audiovisual recording equipment un der
certain circumstances; prohib iting officers from
modifying recordings; making certain acts unlawful;
providing penalty; defining term; 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 212 of Title 22, unless there is
created a duplication in numbering, reads as follows:
A. Beginning November 1, 202 3, every law enforcement agency in
this state that supplies its officers with audio or audiovisual
recording equipment shall be required to have its officers use the
audio or audiovisual recording equipment at all times when
responding to a call for service or at the initiation of any other
law enforcement or investigative encounter between officers and
members of the public.
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B. Except as required by federal or state law or authorized by
a policy of the law enforcement agency, no officer of a law
enforcement agency in this state shall edit, redact, e rase, copy, or
otherwise alter or distribute in any manner an audio or audiovisual
recording made by the audio or audiovisual recording eq uipment or
the data from such recording.
C. It shall be unlawful for a law enforceme nt officer, with the
intent to obstruct justice, to fail to turn on, to disable, to turn
off, or operate audio or audiovisual recording equipment in any
manner that prevents the creation of evidence. Any law enforcement
officer who violates the provisions of this subsection shall, upon
conviction, be guilty of a misdemeanor.
D. As used in this section, "audio or audiovisual recording
equipment" means an electronic recordi ng device that is capable of
recording audio or video with sound.
SECTION 2. This act shall become ef fective November 1, 2023.
59-1-6835 GRS 12/13/22