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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2161 By: Ford
AS INTRODUCED
An Act relating to law enforcement officers; stating
membership requirements for entities that investigate
law enforcement officers; requiring majority vote
when making findings or recommendations; providing
procedures when member ship requirements not met;
providing exemptions; stating findings of the
Legislature; defining term; 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 34.6 of Title 22, unless there
is created a duplication in numbering, reads a s follows:
A. At least two-thirds (2/3) of the members, staff, employees
or seats of any government committee, board, agency, department,
office, or entity that investigates law enforcement officer
misconduct, influences the condu ct of or certifies law enforcement
officer misconduct investigations, recommends disciplinary actions
for law enforcement officer misconduct or imposes discipline for law
enforcement officer misconduct must be law enforcement officers
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certified by the Coun cil of Law Enforcement Education and Training
and who are of any rank and who are from the same department or
agency as the law enforcement officer who is the subject of the
investigation or disciplinary action.
B. Any findings or recommendations from any government
committee, board, agency, department, office or entity shall require
a majority vote to do any of the following:
1. Investigate law enforcement officer misconduct ;
2. Influence the conduct of or certify law enforcement officer
misconduct investigations;
3. Recommend disciplinary actions for law enforcement officer
misconduct; or
4. Impose discipline for law enforcement officer misconduct.
C. If the person or government committee, board, agency,
department, office or entity does not meet the two-thirds (2/3)
requirement prescribed in subsection A of this section, a
supervisor, a department or an agency head that supervises a law
enforcement officer may investigate and impose discipline for the
law enforcement officer 's misconduct if the super visor, department
or agency head acts independently of the person, committee, board,
agency, department, office or entity.
D. This section does not apply to any of the following:
1. A person or a government committee, board, agency,
department, office, c ivil service board or entity that only reviews
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the actions described in subsection A of this section and that does
not determine the initial level of discipline or have the authority
to increase the severity of the disciplinary action ;
2. The Council on Law Enforcement Education and Training
(CLEET);
3. A multijurisdictional law enforcement agency or task force
or a similar entity that is charged with investigating the use of
force by law enforcement officers, if at least two -thirds (2/3) of
the membership of the multijurisdictional law enforcement agency or
task force or the similar entity consists of law enforcement
officers who are certified by CLEET; and
4. An entity that investigates federal employment
discrimination.
E. The Legislature finds that s etting and maintaining standards
of professionalism and integrity of law enforcement officers in this
state are of statewide concern.
F. For the purposes of th is section, "members, staff, employees
or seats" includes any person wh o participates in the fol lowing:
1. Investigating law enforcement officer misconduct ;
2. Influencing the conduct or certification of law enforcement
officer misconduct investigati ons;
3. Recommending disciplinary actions for law enforcement
officer misconduct; and
4. Imposing discipline for law enforcement officer misconduct.
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The term does not include support or administrative staff or any
person who only reviews the actions of the remaind er of the
government committee, board, agency, department, office or entity.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5781 GRS 01/11/23