Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB981 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 981 By: Weaver of the Senate
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8	38		and
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10	40		Moore of the House
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15	45		An Act relating to the Security of Communicat ions
16	46		Act; amending 13 O.S. 2021, Section 176.8, which
17	47		relates to disclosure of information; updating
18	48		statutory language; making language gender neutral;
19	49		authorizing certain testimony in administrative and
20	50		civil proceedings; and pro viding an effective date.
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25		-	SUBJECT: Security of Communications Act
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27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	56		SECTION 1. AMENDATORY 13 O.S. 2021, Section 176.8, is
30	57		amended to read as follows:
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32	58		Section 176.8. A. Any law enforcement offi cer who, by any
33	59		means authorized by th e Security of Communicat ions Act, has obtained
34	60		knowledge of the content s of any wire, oral or electronic
35	61		communication or evidence derived therefrom from such communication
36	62		may disclose such the contents to another law enforcement officer to
37	63		the extent that such disclosure is app ropriate to the proper
38	64		performance of the offic ial duties of the of ficer making or
39	65		receiving the disclosure.
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	67	+	SB981 HFLR Page 2
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41	93		B. Any law enforcement officer who, by any a uthorized means,
42	94		has obtained knowledge of the contents of any wire, oral or
43	95		electronic communication or evidence derived therefrom from such
44	96		communication may use such the contents to the extent such use is
45	97		appropriate to the proper performance of his the officer’s official
46	98		duties.
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48		-	ENR. S. B. NO. 981 Page 2
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50	99		C. Any person who has received, by any authorized means, any
51	100		information concerning a wire, oral or electronic communica tion or
52	101		evidence derived therefrom from such communication intercepted in
53	102		accordance with the provisions of the Security of Communications Act
54	103		may disclose the contents of that the communication or such
55	104		derivative evidence while giving testimony under oath or affirmation
56	105		in any administrative or criminal proceeding in any court of this
57	106		state or of the United States or in any grand jury procee ding, if
58	107		such testimony is otherwise a dmissible.
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60	108		D. No otherwise privileged wire, oral or electronic
61	109		communication intercepted in accordance with, or in viol ation of,
62	110		the provisions of the Security of Communications Act shall lose its
63	111		privileged character .
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65	112		E. When a law enforcement officer, while engaged in
66	113		intercepting wire, oral or electronic communications in an
67	114		authorized manner, intercepts wire, oral or electronic
68	115		communications relating to offenses for which an order or
69	116		authorization could have been secured or any offense listed in
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	118	+	SB981 HFLR Page 3
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70	144		Section 571 of Title 57 of the Oklahoma Statutes, which is other
71	145		than those specified in the order of authorization, the con tents
72	146		thereof of such communications and evidence derived therefrom may be
73	147		disclosed or used as p rovided in this section. Such contents and
74	148		any evidence derived therefrom from the contents may be used when
75	149		authorized by a judge of competent jurisdiction w hen such the judge
76	150		finds on subsequent application that the contents were otherwise
77	151		intercepted in accordance with the provisions of the Security of
78	152		Communications Act. Such application shall be ma de as soon as
79	153		practicable.
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81	154		SECTION 2. This act shall become effective November 1, 2023.
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84		-	ENR. S. B. NO. 981 Page 3
85		-	Passed the Senate the 13th day of February, 2023.
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89		-	Presiding Officer of the Senate
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92		-	Passed the House of Representatives the 20th day of April, 2023.
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96		-	Presiding Officer of the House
97		-	of Representatives
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99		-	OFFICE OF THE GOVERNOR
100		-	Received by the Office of the Governor this _______ _____________
101		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
102		-	By: _______________________________ __
103		-	Approved by the Governor of the State of Oklahoma this _____ ____
104		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
105		-
106		-	_________________________________
107		-	Governor of the State of Oklahoma
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110		-	OFFICE OF THE SECRETARY OF STATE
111		-	Received by the Office of the Secretary of State this __________
112		-	day of __________________, 20 _______, at _______ o'clock _______ M.
113		-	By: _______________________________ __
	156	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	157	+	04/10/2023 - DO PASS.