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ENGROSSED HOUSE
BILL NO. 1593 By: George of the House
and
Weaver of the Senate
An Act relating to criminal procedures; defining
terms; providing guidelines when evaluating the
credibility of peace officers; authorizing peace
officers to dispute reports of misconduct; directing
the Office of the Attorney General to refer petitions
to an administrative law judge; directing
administrative law judge to find in favor of the
peace officer under certain circumstances;
prohibiting reliance on allegation s of misconduct
upon certain finding by the administrative law judge ;
providing copy of findings of fact and conclusions of
law to the court; allowing for the disclosure of
credibility issues to the court; providing for
codification; and providing an effec tive 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 39.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Attorney representing the state " means an attorney
authorized by law to represent the state in a criminal case
including, but not limited to, a district attorney or city or
municipal attorney; and
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2. "Law enforcement agency " means an agency of the state or an
agency of a political subdivision of the state authorized by law to
employ peace officers.
B. When evaluating the credibility of a peace officer who is
serving or will serve as a witness in a criminal proceeding, the
attorney representing the state may not disqualify the peace officer
as a witness on the basis of an allegation of misconduct by the
peace officer that has not been finally adjudicated as sustained.
C. For purposes of this sec tion, an allegation of misconduct by
a peace officer is not considered finally adjudicated as sustained
if the allegation is under appeal through an administrative process
or judicial proceeding.
D. A peace officer who:
1. Is the subject of an allegation of misconduct reported by a
law enforcement agency to an attorney representing the state;
2. Has been notified of a determination by an attorney
representing the state that the peace officer is not considered
credible to testify in a criminal proceeding as a result of an
allegation of misconduct; or
3. Has his or her name placed on a "Do Not Call" list of
noncredible peace officers by a law enforcement agency or an
attorney representing the state, may dispute the report,
determination, or listing by filing a petition with the Office of
the Attorney General for the purpose of contesting s aid allegation,
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determination, listing, or other similar action that adversely
reflects on the credibility of the peace officer. Upon request by
the affected peace officer, the attorney representing the state or
relevant law enforcement agency shall provide the underlying facts
affecting the credibility of the peace officer to the peace officer
for purposes of a hearing under subsection E of this section.
E. The Office of the Attorney General shall refer the petition
to an administrative law judge for an evidentiary hearing. The
administrative law judge shall provide findings of fact and
conclusions of law as to the validity of the allegations of
misconduct by the peace officer that resulted in the peace officer
being placed on a "Do Not Call" list of noncredible peace officers.
The respondent in the hearing shall be the law enforcement agency
that reported or alleged the misconduct by the peace officer.
F. 1. If a peace officer has been placed on a "Do Not Call"
list of noncredible peace officers due to an allegation of
misconduct and the administrative process addressing said allegation
is still pending or has been appealed, the administrative law ju dge
shall find in favor of the peace officer.
2. If the administrative law judge finds the allegations of
misconduct are not supported by a preponderance of the evidence, the
law enforcement agency and attorney for the state may not rely on
said allegations for any purpose. Any court that considers the
credibility of a peace officer who has filed a p etition with the
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Office of the Attorney General, as authorized under the provisions
of this section, shall be provided a copy of the findings of fact
and conclusions of law issued by the administrative law judge.
G. Nothing in the provisions of this act shall prevent an
attorney representing the state from disclosing credibility issues
of a witness to the court.
SECTION 2. This act shall beco me effective November 1, 2025.
Passed the House of Representatives the 3rd day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate