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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2132 By: George
AS INTRODUCED
An Act relating to criminal procedure; defining
terms; prohibiting law enforcement agencies from
disclosing certain information ; providing an
exception; providing guidelines when making certain
considerations; authorizing peace officers to dispute
reports of misconduct; directing the Office of the
Attorney General to conduct contested case hearings;
directing administrative law judge to make certain
determination based on evidence; requiring iss uance
of notice under certain circumstan ces; prohibiting
the use of certain information; providing for
codification; and providing an effective date.
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 39.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Attorney representing the state " means an attorney
authorized by law to represent the st ate in a criminal case
including, but not limited to , a district attorney or city or
municipal attorney; and
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2. "Law enforcement agency " means an agency of the state or an
agency of a political sub division of the state authorized by law to
employ peace officers.
B. A law enforcement agency may not disclose to an attorney
representing the state information relating to misconduct by a peace
officer who is or will se rve as a witness in a criminal proceeding
unless the allegation of misconduct has been finally adjudicated as
sustained.
C. When evaluating the credibility of a peace officer who is
serving or will serve as a witness in a criminal proceeding, the
attorney representing the state m ay not consider an allegation of
misconduct by the peace officer that has not been finally
adjudicated as sustained.
D. For purposes of this section, an allegation of misconduct by
a peace officer is not considered finall y adjudicated as sustained
if the allegation is under appeal through an administrative process
or judicial proceeding and the finder of fact has not issued a
finding.
E. A peace officer who is the subject of a report of misconduct
submitted to an attorney representing the state by a law enforcement
agency or who has been notified of a determination by the attorney
representing the state that the officer is not considered credible
to testify in a criminal proceeding as a result of an allegation of
misconduct may dispute that report or determina tion by filing a
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petition with the Office of the Attorney General. The attorney
representing the state shall provide specific details of the
allegation to the peace officer for purposes of a dispute made under
this subsection. The Office of the Attorney General shall conduct a
contested case hearing for the petition.
F. In a contested case under the provisions of subsection E of
this section, an administrative law judge appointed by the Office of
the Attorney General shall determine by a prepond erance of the
evidence whether the alleged misconduct occurred regardless of
whether the applicable officer was terminated or whether that
officer resigned, retired, or separated in lieu of termination. If
the allegation of misconduct is not supported by a preponderance of
the evidence, the administrative law judge shall provide notice of
the finding to any attorney representing the state the petitioner
identifies as having received a report or as having made a
determination as described by subsection E of this section. The
attorney representing the state may not consider the information
when evaluating the peace officer 's credibility as a witness.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5475 GRS 01/09/23