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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2537 By: Humphrey
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Sections 34.1 and 34.2, which relate to
the use of excessive force by pea ce officers;
clarifying standard by which exce ssive force is
measured; defining term; modify ing elements of
certain defined term; deleting requirement to adopt
excessive force policies or gu idelines; directing law
enforcement entities to adopt policies or guidelines
concerning the use of force; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 34.1, is
amended to read as follows:
Section 34.1 A. Any peace officer, as defined in Section 648
of Title 21 of the Oklahoma Statutes, who use s excessive force in
pursuance of such officer 's law enforcement duties shall be subject
to the criminal laws of this state to the same degree as any other
citizen, if excessive force is established as an element of any
alleged violation under the criminal laws of this state. As used in
this section and Section 34.2 of this title, "law enforcement
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duties" means duties carried out while acting as a peace officer
pursuant to Section 99a of Title 21 of the Oklaho ma Statutes.
B. As used in this act section and Section 34.2 of this title,
"excessive force" means physical force which exceeds the degree of
physical force reasonably permitted by law or the policies and
guidelines of the law enforcement entity . The use of excessive
force shall be presumed when a p eace officer continues to apply
physical force in excess of the force permitted by law or said
policies and guidelines to a person who has been rendered incapa ble
of resisting arrest.
C. Each law enforcement entity which employs any peace officer
shall adopt policies or guidelines concerning the use of force by
peace officers which shall be complied with by peace officers in
carrying out the duties of such offi cers within the jurisdiction of
the law enforcement entity.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 34.2, is
amended to read as follows:
Section 34.2 A. Each law enforcement entity which employs any
peace officer shall adopt policies or guidelines concerning the use
of force by peace officers employed by the en tity.
B. Any peace officer, except a newly employed officer during
such officer's probationary period, who, in pursuance of such
officer's law enforcement duties, witn esses another peace officer,
in pursuance of such o ther peace officer's law enforcement duties in
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carrying out an arrest of any person, placing any person under
detention, taking any person into custody, booking any per son, or in
the process of crowd contr ol or riot control, use physical force
which exceeds the degree of physical force permitted by la w or by
the policies and guidelines of the law enforcement entity, shall
report such use of excessive force to such office r's immediate
supervisor.
B. C. At a minimum, the report required by this section shall
include:
1. The date, time, and place of the occurrence;
2. The identity, if known, and description of the participants;
3. A description of the events and the force u sed.
C. D. A copy of an arrest re port or other similar report
required as a part of a peace officer's duties can be substituted
for the report required by this section, as long as it includes the
information specified in subsection B C of this section. The re port
shall be made in writing within ten (10) days of the occurrence of
the use of such force.
D. E. Any peace officer who fa ils to report such use of
excessive force in the manner prescribed in this section, or who
knowingly makes a materially false stateme nt which the officer does
not believe to be true in any report made pursuant to this section,
upon conviction, shall be gui lty of a misdemeanor.
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SECTION 3. This act shall become effective November 1, 2023.
59-1-5545 GRS 01/10/23