Oklahoma 2024 Regular Session

Oklahoma House Bill HB2531 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2531 By: Humphrey
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38	38	AS INTRODUCED
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40	40	An Act relating to qualified immunity; prohibiting
41	41	law enforcement officers from being liable for
42	42	monetary damages unde r certain circumstances;
43	43	prohibiting state and political subdivisions from
44	44	being liable under certain circumstances; providing
45	45	guidelines for plaintiffs when asserting claims of
46	46	alleged violations; providing for immediate appeals
47	47	when qualified immunity de nied; stating applicability
48	48	of provision; providing for codification; and
49	49	providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Statutes as Section 152.4 of Title 51, unless there
57	57	is created a duplication in numbering, reads as follows:
58	58	A. A law enforcement officer of the state or a political
59	59	subdivision of the state subject to a claim brought under The
60	60	Governmental Tort Claims Act shall not be liable for monet ary
61	61	damages if any of the following apply:
62	62	1. The right, privilege, or immunity secured by law was not
63	63	clearly established at the time of the alleged deprivation, or at
64	64	the time of the alleged deprivation the state of the law was not
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91	91	sufficiently clear th at every reasonable employee would have
92	92	understood that the conduct all eged constituted a violation of law;
93	93	or
94	94	2. A court of competent jurisdiction has issued a final
95	95	decision on the merits hol ding, without reversal, vacatur, or
96	96	preemption, that the spec ific conduct alleged to be unlawful was
97	97	consistent with the law .
98	98	B. The state or a political subdivision of the state shall not
99	99	be liable for any claim brought under The Governmental Tort Claims
100	100	Act where the law enforcement officer was determined to be protected
101	101	by qualified immunity under the provisions of subsection A of this
102	102	section.
103	103	C. A plaintiff who brings a claim under The Governmental Tort
104	104	Claims Act alleging a violation of the law must state with
105	105	particularity the circumstances constituting the violation and t hat
106	106	the law was clearly established at the time of the al leged
107	107	violation. Failure to plead a plausible violation or failure to
108	108	plead that the law was clearly established at the ti me of the
109	109	alleged violation shall result in dismissal with prejudice.
110	110	D. Any decision by the district court denying qualified
111	111	immunity shall be immediately appealable.
112	112	E. This section shall apply in addition to any other statutory
113	113	or common law immunity.
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141	141	SECTION 2. This act shall become effective November 1, 2023.
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143	143	59-1-5544 GRS 12/16/22