Oklahoma Senate Bill SB1090

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Appeal of criminal prosecutions; authorizing defendant to file motion to dismiss charges under certain circumstances; establishing procedures for certain appeal hearing. Effective date.

Impact

The bill modifies existing statutes to clarify the conditions under which peace officers can be exempt from criminal prosecution. This change means that if officers assert that their use of deadly force was justified, they can file a motion to dismiss charges against them before a preliminary hearing. If this motion is denied, the officers are granted the right to an interlocutory appeal, allowing for the legal questions of justification to be addressed prior to the trial. Such provisions can potentially alter the dynamics between law enforcement practices and accountability, emphasizing the legal protections available to officers in controversial use-of-force cases.

Summary

Senate Bill 1090 introduces amendments to Oklahoma law concerning the appeal of criminal prosecutions, specifically focusing on cases involving the use of deadly force by law enforcement officers. It provides a legal framework under which officers can claim immunity from prosecution when they use deadly force in legally justified situations. This immunity would apply provided that the officer believes their actions meet certain legal criteria, aimed at affirming their defense in the event of charges stemming from such incidents.

Contention

Debates surrounding SB1090 are likely to include discussions on public safety, law enforcement accountability, and citizens’ rights. Proponents of the bill argue it provides essential protections for officers who must make split-second decisions in dangerous situations, thereby enhancing officer safety and allowing them to perform their duties without fear of unjust repercussions. Conversely, opponents may contend that it further distances accountability, raising concerns that it could lead to misuse of deadly force and diminish public trust in law enforcement by creating an environment perceived as legally protective towards potentially excessive use of force.