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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 21 By: Dahm
AS INTRODUCED
An Act relating to county sheriffs; declaring c ertain
authority; prohibiting a certain federal employee to
make an arrest, search, or seiz ure without written
permission of county sheriff; providing exceptions;
allowing denial of permission by sheriff; requiring
certain permission of the Attorney Genera l; requiring
certain elements in written permission request;
providing for validity of written permission;
providing for violations; prohibiting discretion of
district attorney to not prosecute violations;
declaring federal authority of a county sheriff to be
rejected; providing for codification; and declaring
an emergency.
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 517.2 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. The elected sheriff of each county is th e senior
authoritative peace officer of that county. The primary duties of
the sheriff are to keep the peace in the county and to secu re and
protect the liberties a nd security of the residen ts of the county.
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B. A federal employee who is not desig nated by Oklahoma law as
an Oklahoma peace officer may no t make an arrest, search, or seizure
in this state without th e written permission of t he sheriff or
designee of the sheriff of the county in which the arrest , search,
or seizure will occur unless:
1. The arrest, search, or seizure will take place on a fede ral
enclave for which juri sdiction has been actively ceded to the United
States of America by an Oklahoma statute;
2. The federal employee witnesses the commission of a crime,
the nature of which re quires an immediate arrest;
3. The intended subject of t he arrest, search, or seizure is an
employee of the sheriff ’s office or is an elected county or state
officer; or
4. The federal employee has probable ca use to believe that the
subject of the arrest , search, or seizure has close connections with
the sheriff, which connections are likely to result in the subject
being informed of the impend ing arrest, search, or seizure .
C. The county sheriff or designee of the sheriff ma y refuse
permission for any reason that the sheriff or designee considers
sufficient.
D. A federal employee who is not designated by Oklahoma law as
a peace officer and who desires to exercise an exception to
paragraph 3 of subsection B of this section shall obtain the written
permission of the Attorney General for the arrest, s earch, or
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seizure unless the resulting delay in obtain ing permission could
cause serious harm to one or more individuals or to a community or
would potentially cause flight of the s ubject of the arrest, search,
or seizure in order to avoid prosecution. The Attorney General may
refuse the permission for any reason that the Attorney General
considers sufficient.
E. A federal employee who is not designated by Oklahoma law as
a peace officer and who desires to exercise an exception to
paragraph 4 of subsection B of this section shall obtain the written
permission of the Attorney General. The request for permission
shall include a written statement, under oath, describing the
federal employee’s probable cause. The Attorney General may refuse
the request for any reason that the Attorney General considers
sufficient.
F. A permission request to the county sheriff or Attorney
General shall contain:
1. The name of the subject of the arrest, search, or seizure;
2. A clear statement of pro bable cause for the arrest, search,
or seizure or a federal arrest, search , or seizure warrant that
contains a clear statemen t of probable cause;
3. A description of specific assets, if any, to be searched for
or seized;
4. A statement of the date and time that the arrest, search, or
seizure is to occur; and
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5. The address or location where the in tended arrest, search,
or seizure will be attempted.
G. The request may be in letter form , either typed or
handwritten, but shall be countersigned with the original signature
of the county sheriff or designee of the sheriff or by th e Attorney
General, to constitute valid permission. The permission is valid
for forty-eight (48) hours after it is signed. The sher iff or
Attorney General shall keep a copy of the permission request on
file.
H. An arrest, search, or seizure or attempted arrest, search,
or seizure in violation o f subsection B is unlawful and individuals
involved shall be prosecuted by the district attorney of the county
for kidnapping if an arrest or attempted arrest occurred, for
trespass if a search or attempted search occurred, for theft if a
seizure or attempted seizure occurred, and for any applicable
homicide offense if loss of life occurred.
I. The district attorney of the county has no discretion not to
prosecute once a claim of violation of th e provisions of this
section has been made by the county sheriff or designee of the
sheriff, and failure to abide by this mandate subjects the district
attorney to be subject to removal in accorda nce with the provisions
of Section 1181.1 et seq. of Title 22 of the Oklahoma Statutes.
J. Pursuant to the Tenth Amendment to the United States
Constitution, the Legislature declares that any federal law
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purporting to give federal em ployees the authority of a county
sheriff in this state is not recogn ized by this state, is
specifically rejected by this st ate, and is declared to be null and
void, and of no effect in this state.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-411 BG 12/12/2022 11:01:09 AM