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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2161 By: Ford
COMMITTEE SUBSTITUTE
An Act relating to law enforcement officers; stating
membership requirements for entities that investigate
law enforcement officers; requiring majority vote
when making findings or recommendations; providing
procedures when member ship requirements not met;
providing exemptions; stating findings of the
Legislature; 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 34.6 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. At least two-thirds (2/3) of the members, staff, employees
or seats of any government committee, board, agency, department,
office, or entity that investigates law e nforcement officer
misconduct, influence s the conduct of or certifies law enforcement
officer misconduct investigations, recommends disciplinary actions
for law enforcement officer misconduct or imposes discipline for l aw
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enforcement officer misconduct mus t be law enforcement officers
certified by the Council of Law Enforcement Education and Training
and who are of any rank and who are from the same department or
agency as the law enforcement officer who is the subject o f the
investigation or disciplinary a ction.
B. Any findings or recommendatio ns from any government
committee, board, agency, department, office or entity shall require
a majority vote to do any of the following:
1. Investigate law enforcement officer mis conduct;
2. Influence the conduct of or certify law enforcement officer
misconduct investigations;
3. Recommend disciplinary actions for law enforcement officer
misconduct; or
4. Impose discipline for law enforcement officer misconduct.
C. If the person or government committee, board, age ncy,
department, office or entity does n ot meet the two-thirds (2/3)
requirement prescrib ed in subsection A of this section, a
supervisor, a department or an agency head that supervises a law
enforcement officer may inv estigate and impose discipline for th e
law enforcement officer 's misconduct if the supervisor, department
or agency head acts independently of the person, committee, board,
agency, department, office or entity.
D. This section does not apply to any of the following:
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1. A person or a governm ent committee, board, agency,
department, office, civil service board or entity that only r eviews
the actions described in subsection A of this section and that does
not determine the initial level of discipline or have the authority
to increase the severi ty of the disciplinary action ;
2. The Council on Law Enforcement Education and Training
(CLEET);
3. A multijurisdictional law enforcement agency or task force
or a similar entity that is charged with investigating the use of
force by law enforcement offi cers, if at least two -thirds (2/3) of
the membership of the multijurisdictional law enforcement agency or
task force or the similar entity consists of law enforcement
officers who are certified by CLEET;
4. An entity that investigates federal employment
discrimination; and
5. The Oklahoma Stat e Bureau of Investigation .
E. The Legislature finds that s etting and maintaining standards
of professionalism and integrity of law enforcement officers in this
state are of statewide concern.
F. For the purposes of this section, "members, staff, employee s
or seats" includes any person wh o participates in the fol lowing:
1. Investigating law enforcement officer misconduct ;
2. Influencing the conduct or certification of law enforc ement
officer misconduct investigati ons;
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3. Recommending disciplinary action s for law enforcement
officer misconduct; and
4. Imposing discipline for law enforcement officer misconduct.
The term does not include support or administrative staff or any
person who only reviews the actions of th e remainder of the
government committee, board, agency, department, office or entity.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/15/2023 -
DO PASS, As Amended.