Oklahoma 2024 Regular Session

Oklahoma House Bill HB2132 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2132 Page 1 1
	3	+	HB2132 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2132 By: George of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30	30
31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Rosino of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2132 By: George
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	42	+
	43	+	COMMITTEE SUBSTITUTE
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38	45		An Act relating to criminal procedure; defining
39	46		terms; providing guidelines when evaluating the
40	47		credibility of peace officers ; authorizing peace
41	48		officers to dispute reports of misconduct; directing
42	49		the Office of the Attorney General to refer petitions
43	50		to an administrative law jud ge; directing the
44	51		administrative law judge to find in fav or of the
45	52		peace officer under certain circumstances; directing
46	53		administrative law judge to make certain
47	54		determination based on evidence; requiring copy of
48	55		findings of fact and conclusions of law be p rovided
49	56		to the court; providing for codification; and
50	57		providing an effective date.
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56	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
57	64		SECTION 1. NEW LAW A new section of law to be codified
58	65		in the Oklahoma Statutes as Section 39.1 of Title 22, unless there
59	66		is created a duplicat ion in numbering, reads as follows:
60	67		A. As used in this section:
61	68		1. "Attorney representing the state " means an attorney
62	69		authorized by law to represent the s tate in a criminal case
63		-	including, but not limited to, a district attorney or city or
64		-	municipal attorney; and
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66		-	ENGR. H. B. NO. 2132 Page 2 1
	71	+	HB2132 HFLR Page 2
	72	+	BOLD FACE denotes Committee Amendments. 1
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	97	+	including, but not limited to, a district attorney or city or
	98	+	municipal attorney; and
91	99		2. "Law enforcement agency " means an agency of the state or an
92	100		agency of a political subdi vision of the state authorized by law to
93	101		employ peace officers.
94	102		B. When evaluating the credibility of a peace officer who is
95	103		serving or will serve as a witness in a criminal proceeding, the
96	104		attorney representing the s tate may not disqualify the peace officer
97	105		as a witness on the basis of an allegation of misconduct by the
98	106		peace officer that has not been finally adjudicated as sustained.
99	107		C. For purposes of this section, an allegation of misconduct by
100	108		a peace officer is not considered finally adjudicated as sustained
101	109		if the allegation is under appeal through an administrative process
102	110		or judicial proceeding.
103	111		D. A peace officer who:
104	112		1. Is the subject of an allegation of misconduct reported by a
105	113		law enforcement agency to an attorney repres enting the state;
106	114		2. Has been notified of a determination by an attorney
107	115		representing the state that the peace officer is not considered
108	116		credible to testify in a criminal proceeding as a result of an
109	117		allegation of misconduct ; or
110	118		3. Has his or her name placed on a Brady/Giglio list or other
111	119		similar list of noncredible peace officers by a law enforc ement
112	120		agency or an attorney representing the state,
113		-	may dispute that report, determination, or listing by filing a
114		-	petition with the Office of the Attorney General for the purpose of
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116		-	ENGR. H. B. NO. 2132 Page 3 1
	122	+	HB2132 HFLR Page 3
	123	+	BOLD FACE denotes Committee Amendments. 1
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	148	+	may dispute that report, determination, or listing by filing a
	149	+	petition with the Office of the Attorney General for the purpose of
141	150		contesting said allegation, de termination, listing, or other similar
142	151		action that adversely reflects on th e credibility of the peace
143	152		officer. Upon request by the affected peace officer, the attorney
144	153		representing the state or relevant law enforcement ag ency shall
145	154		provide the underlying facts affecting the credibility of the peace
146	155		officer to the peace officer for purposes of a hearing under
147	156		subsection E of this section.
148	157		E. The Office of the Attorney General shall refer the petition
149	158		to an administrative law judg e for an evidentiary hearing . The
150	159		administrative law judge sha ll provide findings of fact and
151	160		conclusions of law as to the validity of the allegations of
152	161		misconduct by the peace officer that resulted in the pea ce officer
153	162		being placed on a Brady/Giglio lis t or similar list of noncredible
154	163		peace officers. The respondent in the hearing shall be the law
155	164		enforcement agency that reported or alleged the misconduct by the
156	165		peace officer.
157	166		F. 1. If a peace officer has been placed on a Brady/Giglio
158	167		list or similar list of noncredible peace officers due to an
159	168		allegation of misconduct and the administrative process addressing
160	169		said allegation is still pending or has been appealed , the
161	170		administrative law jud ge shall find in favor of the peace officer.
162		-	2. If the administrative law judge finds the allegations of
163		-	misconduct are not supported by a preponderance of the evidence, the
164		-	law enforcement agency and attorney for the state may not rely on
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166		-	ENGR. H. B. NO. 2132 Page 4 1
	172	+	HB2132 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
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	198	+	2. If the administrative law judge finds the allegations of
	199	+	misconduct are not supported by a preponderance of the evidence, the
	200	+	law enforcement agency and attorney for the state may not rely on
191	201		said allegations for any purpose . Any court that considers t he
192	202		credibility of a peace officer who has filed a petition with the
193	203		Office of the Attorney General, as authorized under the provisions
194	204		of this section, shall be provided a copy of the findings of f act
195	205		and conclusions of law issued by the admin istrative law judge.
196	206		SECTION 2. This act shall become effective November 1, 2023.
197		-	Passed the House of Representatives the 8th day of March, 2023.
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202		-	Presiding Officer of the House
203		-	of Representatives
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207		-	Passed the Senate the ___ day of __________, 2023.
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212		-	Presiding Officer of the Senate
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	208	+	COMMITTEE REPORT BY: COMMI TTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
	209	+	dated 02/15/2023 - DO PASS, As Amended.