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ENGROSSED HOUSE
BILL NO. 2132 By: George of the House
and
Rosino of the Senate
An Act relating to criminal procedure; defining
terms; providing guidelines when evaluating the
credibility of peace officers ; authorizing peace
officers to dispute reports of misconduct; directing
the Office of the Attorney General to refer petitions
to an administrative law jud ge; directing the
administrative law judge to find in fav or of the
peace officer under certain circumstances; directing
administrative law judge to make certain
determination based on evidence; requiring copy of
findings of fact and conclusions of law be p rovided
to the court; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STA TE 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 duplicat ion 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 s tate 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 s ubdivision of the state authorized by law to
employ peace officers.
B. 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 s tate may not disqualify the peace officer
as a witness on the basis of an allegation of misconduct by the
peace officer that has not been finally adjudicated as sustained.
C. For purposes of this section, an allegation of misconduct by
a peace officer is not considered finally adjudicated as sustained
if the allegation is under appeal through an administrative process
or judicial proceeding.
D. A peace officer who:
1. Is the subject of an allegation of misconduct reported by a
law enforcement agency to an attorney repres enting the state;
2. Has been notified of a determination by an attorney
representing the state that the peace officer is not considered
credible to testify in a criminal proceeding as a result of an
allegation of misconduct ; or
3. Has his or her name placed on a Brady/Giglio list or other
similar list of noncredible peace officers by a law enforc ement
agency or an attorney representing the state,
may dispute that report, determination, or listing by filing a
petition with the Office of the Attorney General for the purpose of
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contesting said allegation, de termination, listing, or other similar
action that adversely reflects on th e credibility of the peace
officer. Upon request by the affected peace officer, the attorney
representing the state or relevant law enforcement ag ency shall
provide the underlying facts affecting the credibility of the peace
officer to the peace officer for purposes of a hearing under
subsection E of this section.
E. The Office of the Attorney General shall refer the petition
to an administrative law judg e for an evidentiary hearing . The
administrative law judge sha ll provide findings of fact and
conclusions of law as to the validity of the allegations of
misconduct by the peace officer that resu lted in the peace officer
being placed on a Brady/Giglio lis t or similar list of noncredible
peace officers. The respondent in the hearing shall be the law
enforcement agency that reported or alleged the misconduct by the
peace officer.
F. 1. If a peace officer has been placed on a Brady/Giglio
list or similar list of noncredible peace officers due to an
allegation of misconduct and the administrative process addressing
said allegation is still pending or has been appealed , the
administrative law jud ge shall find in favor of the peace officer.
2. If the administrative law judge finds the allegations of
misconduct are not supported by a preponderance of the evidence, the
law enforcement agency and attorney for the state may not rely on
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said allegations for any purpose. Any court that considers t he
credibility of a peace officer who has filed a petition with the
Office of the Attorney General, as authorized under the provisions
of this section, shall be provided a copy of the findings of f act
and conclusions of law issued by the admin istrative law judge.
SECTION 2. This act shall become effective November 1, 2023.
Passed the House of Representatives the 8th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate