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ENGROSSED HOUSE
BILL NO. 2161 By: Ford of the House
and
Weaver of the Senate
An Act relating to law enforcement officers; stating
membership requirements for government entities that
establish citizen review boards ; requiring majority
vote when making findings or recommendations;
providing procedures when member ship requirements are
not met; providing exemptions; stating findings of
the Legislature; providing for codifica tion; 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 as follows:
A. When a government entity establishes a citizen review board
to investigate an allegation of misconduct by a law enforcement
officer, at least two-thirds (2/3) of the committee, board, agency,
department, office or entity that makes a rec ommendation or imposes
disciplinary action shall be composed of law enforcement officers
certified by the Council o n Law Enforcement Education and Training.
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B. Any findings or recommendatio ns from any committee, board,
agency, department, office or entity shall require a majority vo te
to do any of the following:
1. Investigate law enforcement officer mis conduct;
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 committee, board, age ncy, department,
office or entity does n ot 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 th e law
enforcement officer's misconduct if the supervisor, department or
agency head acts independently of the person, committee, board,
agency, department, office or entity.
D. This section shall not apply to any of the following:
1. A person or a committee, board, agency, department , office,
civil service board or entity that only r eviews the actions
described in subsection A of this section and does not determine the
initial level of discipline or have the authority to increase the
severity of the disciplinary action ;
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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 offi cers, 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;
4. An entity that investigates federal employment
discrimination; and
5. The Oklahoma Stat e Bureau of Investigation .
E. The Legislature finds that setting and maintaining standards
of professionalism and integrity of law enforcement officers in this
state are of statewide concern.
SECTION 2. This act shall become effective November 1, 2023.
Passed the House of Representatives the 13th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate