An Act
ENROLLED 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.
SUBJECT: Security of Communications Act
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 Communications Act, has ob tained
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 appropriate to the proper
performance of the offic ial duties of the officer making or
receiving the disclosure.
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 deri ved 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.
ENR. S. B. NO. 981 Page 2
C. Any person who has received, by any authorized means, any
information concerning a wir e, 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 wh ile 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 w ire, 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
Section 571 of Title 57 of the Oklahoma Stat utes, 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 a pplication shall be ma de as soon as
practicable.
SECTION 2. This act shall become effective November 1, 2023.
ENR. S. B. NO. 981 Page 3
Passed the Senate the 13th day of February, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 20th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __