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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 981 By: Weaver of the Senate
and
Moore of the House
An Act relating to the Security of Communicat ions
Act; amending 13 O.S. 2021, Section 176.8, which
relates to disclosure of information; updating
statutory language; making language gender neutral;
authorizing certain testimony in administrative and
civil proceedings; and pro viding an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 13 O.S. 2021, Section 176.8, is
amended to read as follows:
Section 176.8. A. Any law enforcement offi cer who, by any
means authorized by th e Security of Communicat ions Act, has obtained
knowledge of the content s of any wire, oral or electronic
communication or evidence derived therefrom from such communication
may disclose such the contents to another law enforcement officer to
the extent that such disclosure is app ropriate to the proper
performance of the offic ial duties of the of ficer making or
receiving the disclosure.
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B. Any law enforcement officer who, by any a uthorized means,
has obtained knowledge of the contents of any wire, oral or
electronic communication or evidence derived therefrom from such
communication may use such the contents to the extent such use is
appropriate to the proper performance of his the officer’s official
duties.
C. Any person who has received, by any authorized means, any
information concerning a wire, oral or electronic communica tion or
evidence derived therefrom from such communication intercepted in
accordance with the provisions of the Security of Communications Act
may disclose the contents of that the communication or such
derivative evidence while giving testimony under oath or affirmation
in any administrative or criminal proceeding in any court of this
state or of the United States or in any grand jury procee ding, if
such testimony is otherwise a dmissible.
D. No otherwise privileged wire, oral or electronic
communication intercepted in accordance with, or in viol ation of,
the provisions of the Security of Communications Act shall lose its
privileged character .
E. When a law enforcement officer, while engaged in
intercepting wire, oral or electronic communications in an
authorized manner, intercepts wire, oral or electronic
communications relating to offenses for which an order or
authorization could have been secured or any offense listed in
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Section 571 of Title 57 of the Oklahoma Statutes, which is other
than those specified in the order of authorization, the con tents
thereof of such communications and evidence derived therefrom may be
disclosed or used as p rovided in this section. Such contents and
any evidence derived therefrom from the contents may be used when
authorized by a judge of competent jurisdiction w hen such the judge
finds on subsequent application that the contents were otherwise
intercepted in accordance with the provisions of the Security of
Communications Act. Such application shall be ma de as soon as
practicable.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
04/10/2023 - DO PASS.