Oklahoma 2023 Regular Session

Oklahoma House Bill HB2537 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2537 By: George, Humphrey and
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	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2023
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 2537 By: George, Humphrey, and
4	35		McDugle of the House
5	36
6	37		and
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8	39		Gollihare of the Senate
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15	45		An Act relating to criminal procedure; amending 22
16	46		O.S. 2021, Sections 34.1 and 34.2, which relate to
17	47		the use of excessive force by pea ce officers;
18	48		clarifying standard by which exce ssive force is
19	49		measured; defining term; modify ing elements of
20	50		certain defined term; deleting requirement to adopt
21	51		excessive force policies or gu idelines; directing law
22	52		enforcement entities to adopt policies or guidelines
23	53		concerning the use of force; and providing an
24	54		effective date.
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27		-	~~SUBJECT: Criminal procedure~~
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29	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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31	60		SECTION 1. AMENDATORY 22 O.S. 2021, Sec tion 34.1, is
32	61		amended to read as follows:
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34	62		Section 34.1 A. Any peace officer, as defined in Section 648
35	63		of Title 21 of the Oklahoma Statutes, who use s excessive force in
36	64		pursuance of such officer 's law enforcement duties shall be subject
37	65		to the criminal laws of this state to the same degree as any other
38	66		citizen, if excessive force is established as an element of any
39	67		alleged violation under the criminal laws of this state. As used in
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40	95		this section and Section 34.2 of this title, "law enforcement
41	96		duties" means duties carried out while acting as a peace officer
42	97		pursuant to Section 99a of Title 21 of the Oklaho ma Statutes.
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44	98		B. As used in this act section and Section 34.2 of this title,
45	99		"excessive force" means physical force which exceeds the degree of
46		-	physical force reasonably permitted by law or the policies and ~~ENR. H. B. NO. 2537 Page 2~~
	100	+	physical force reasonably permitted by law or the policies and
47	101		guidelines of the law enforcement entity . The use of excessive
48	102		force shall be presumed when a p eace officer continues to apply
49	103		physical force in excess of the force permitted by law or said
50	104		policies and guidelines to a person who has been rendered incapa ble
51	105		of resisting arrest.
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53	106		C. Each law enforcement entity which employs any peace officer
54	107		shall adopt policies or guidelines concerning the use of force by
55	108		peace officers which shall be complied with by p eace officers in
56	109		carrying out the duties of such offi cers within the jurisdiction of
57	110		the law enforcement entity.
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59	111		SECTION 2. AMENDATORY 22 O.S. 2021, Section 34.2, is
60	112		amended to read as follows:
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62	113		Section 34.2 A. Each law enforcement entity which employs any
63	114		peace officer shall adopt policies or guidelines concerning the use
64	115		of force by peace officers employed by the en tity.
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66	116		B. Any peace officer, except a newly employed officer during
67	117		such officer's probationary period, who, in pur suance of such
68	118		officer's law enforcement duties, witn esses another peace officer,
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69	146		in pursuance of such o ther peace officer's law enforcement duties in
70	147		carrying out an arrest of any person, placing any person under
71	148		detention, taking any person into custody, booking any person, or in
72	149		the process of crowd contr ol or riot control, use physical force
73	150		which exceeds the degree of physical force permitted by la w or by
74	151		the policies and guidelines of the law enforcement entity, shall
75	152		report such use of excessive forc e to such officer's immediate
76	153		supervisor.
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78	154		B. C. At a minimum, the report required by this section shall
79	155		include:
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81	156		1. The date, time, and place of the occurrence;
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83	157		2. The identity, if known, and description of the participants;
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85	158		3. A description of the eve nts and the force used.
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87	159		C. D. A copy of an arrest re port or other similar report
88	160		required as a part of a peace officer's duties can be substituted
89	161		for the report required by this section, as long as it includes the
90		-	information specified in subsection B C of this section. The report ~~ENR. H. B. NO. 2537 Page 3~~
	162	+	information specified in subsection B C of this section. The report
91	163		shall be made in writing within ten (10) days of the occurrence of
92	164		the use of such force.
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94	165		D. E. Any peace officer who fa ils to report such use of
95	166		excessive force in the manner prescribed in this section, or who
96	167		knowingly makes a materially false statement which the officer does
97	168		not believe to be true in any report made pursuant to this section,
98	169		upon conviction, shall be gui lty of a misdemeanor.
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100	197		SECTION 3. This act shall become effective November 1, 2023.
101		-	ENR. H. B. NO. 2537 Page 4
102		-	Passed the House of Representatives the 20th day of March, 2023.
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107		-	Presiding Officer of the House
108		-	of Representatives
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112		-	Passed the Senate the 18th day of April, 2023.
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117		-	Presiding Officer of the Senate
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119		-	OFFICE OF THE GOVERNOR
120		-	Received by the Office of the Go vernor this ____________________
121		-	day of ___________________, 20_______, at _______ o'clock _______ M.
122		-	By: _________________________________
123		-	Approved by the Governor of the State of Oklahoma this _____ ____
124		-	day of ___________________, 20_______, at _______ o 'clock _______ M.
125		-
126		-
127		-	_________________________________
128		-	Governor of the State of Oklahoma
129		-
130		-	OFFICE OF THE SECRETARY OF STATE
131		-	Received by the Office of the Secretary of State this __________
132		-	day of ___________________, 20_______, at _______ o'clock _______ M .
133		-	By: _________________________________
134		-
	198	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	199	+	April 11, 2023 - DO PASS