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ENGROSSED HOUSE
BILL NO. 3598 By: Ford of the House
and
Weaver of the Senate
An Act relating to criminal procedure; defining
terms; directing law enforcement agencies to
establish policies and procedures relating to the
use, maintenance, and storage of certain cameras;
requiring certain policies and procedures;
establishing requirements for peace officers who
utilize vehicle mounted cameras or wear body cameras;
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 23 of Title 22, unless there is
created a duplication in n umbering, reads as follows:
A. As used in this section:
1. "Body camera" means a portable electronic recording device
that is worn on the person of a peace officer that records audio and
video data of the law enforcement-related encounters and activities
of the peace officer;
2. "Fixed security camera" means an electronic recording device
that is permanently mounted in any location inside the law
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enforcement agency or within the curtilage of the law enforcement
agency that records audio and vid eo data of the law enforcement-
related encounters or activities of the law enforcement agency and
its employees;
3. "Law enforcement agency " means any department or agency of
the state, a county, a m unicipality, or political subdivision
thereof, with the duties to maintain public order, make arrests, and
enforce the criminal laws of this state or municipal ordinances,
which employs CLEET-certified personnel;
4. "Peace officer" has the same meaning as such term is defined
in Section 99 of Title 21 of the Oklahoma Statutes; and
5. "Vehicle mounted camera" means an electronic recording
device that is mounted within a vehicle that records audio and video
data of the law enforcement -related encounters and activities of the
peace officer.
B. A law enforcement ag ency that utilizes fixed security
cameras, vehicle mounted cameras, or body cameras shall establish
policies and procedure s addressing the proper use, maintenance, and
storage of the various cameras and the data recorded by the cameras.
The policies and procedure s shall include:
1. General guidelines for the proper use, maintenance, and
storage of fixed security cameras, vehicle mounted cameras , and body
cameras;
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2. General guidelines for the proper storage and retention of
audio and video data recorded by fixed security cameras, vehicle
mounted cameras, and body cameras;
3. A policy permitting a peace officer using a fixed security
camera, vehicle mounted camera , or body camera to revie w the
recorded footage from the camera, upon his or her own initiative or
request, before writing a report or providing a statement regarding
any event arising within the scope of his or her of ficial duties.
Such policy permitting review of recorded footage by a pe ace officer
shall not be used to delay or deny records requests or public access
to recorded footage from such cameras. Any such policy shall not
apply to the inherent duty of a peace officer to immediately
disclose information necessary to secure an acti ve crime scene or to
identify suspects or witnesses ; and
4. Policies for the proper release of audio and video data
recorded by fixed security cameras, vehicle mounted cameras , and
body cameras in compliance with th e Oklahoma Open Records Act.
C. A law enforcement agency that permits its peace officers to
utilize vehicle mounted cameras or wear body cameras shall:
1. Ensure that all personnel who wear, use, maintain or store
vehicle mounted cameras , or body cameras, or release audio or video
data recorded by vehicle mounted cameras or body cameras are trained
in the policies and procedures of the law enforcement agency;
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2. Retain audio and video data recorded by vehicle mounted
cameras or body cameras in accordance with the requirements of the
Oklahoma Open Records Act; and
3. Perform periodic reviews of vehicle mounted cameras or body
camera practices to ensure conformity with the policies and
procedures of the law enforcement agency.
SECTION 2. This act shall become effective November 1, 2024.
Passed the House of Representatives the 11th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate