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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1056 By: Goodwin
AS INTRODUCED
An Act relating to torts; stating liability of peace
officers for injuries related to the deprivation of
certain rights; making statuto ry immunities and
limitations on liability inapplicable to claims
brought by plaintiffs; prohibiting the assertion of
qualified immunity as a defense to liability;
providing for the award of reasonable attorney fees
and costs; directing employers to indemn ify peace
officers under certain circumstances; prohibiting
indemnification of peace officers under certain
circumstances; 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 121 of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. A peace officer, as defined in Section 99 of Title 21 of the
Oklahoma Statutes, employed by the state or any political
subdivision of this state who, under color of law, subjects or
causes to be subjected, including failing to intervene, any other
person to the deprivation of any individual rights that create
binding obligations on government actors secured by the Bill of
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Rights, Article II of the Oklahoma Constitution, shall be liable to
the injured party for legal or equitable relief or any other
appropriate relief.
B. Statutory immunities and statutory limit ations on liability,
damages, or attorney fees shall not apply to claims brough t pursuant
to this section. The Governmental Tort Claims Act shall not apply
to claims brought pursuant to this section.
C. Qualified immunity is not a defense to liability pu rsuant to
this section.
D. In any action brought pursuant to this section, a court
shall award reasonable attorney fees and costs to a prevailing
plaintiff. In actions for injunctive relief, a court shall deem a
plaintiff to have prevailed if the lawsuit of the plaintiff was a
substantial factor or significant catalyst in obtaining the results
sought by the litigation. When a judgment is entered in favor of a
defendant, the court may award reasonable costs and attorney fees to
the defendant for defending any claims the court finds frivolous.
E. The employer of the peace officer shall indemnify its peace
officer for any liability incurred by the peace officer and for any
judgment or settlement entered against the peace officer for claims
arising pursuant to this section; provided, however, if the employer
of the peace officer determ ines the peace officer did not act in
good faith and upon a reasonable belief that the action was lawful,
the peace officer shall be personally liable and shall not be
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indemnified by the employer of the peace officer for five percent
(5%) of the judgment or settlement or Twenty -five Thousand Dollars
($25,000.00), whichever is less. Notwithstanding any provision of
this section to the contrary, if the peace officer ’s portion of the
judgment is not collectible from the peace officer, the employer of
the peace officer or insurance provider shall satisfy the full
amount of the judgment or settlement. The peace officer shall not
be indemnified by the employer for any monetary judgmen ts or legal
expenses, including attorney fees, if the conduct of the peace
officer from which the claim arose constituted a criminal offense
and the peace officer was convicted of such criminal offense.
SECTION 2. This act shall become eff ective November 1, 2025.
60-1-798 TEK 1/16/2025 2:54:12 PM