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OK SB539

OK SB539
County sheriffs; prohibiting certain federal employees from taking certain actions without permission. Effective date. Emergency


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to county sheriffs; declaring certain authority; prohibiting certain federal employees from taking certain actions without permission; providing exceptions; allowing denial of permission; requiring certain permissions of the Attorney General; allowing denial of permission; providing for validity of written permission; providing for violations; prohibiting discretion of district attorney to not prosecute violations; declaring federal authority of a county sheriff to be rejected; providing for codification; and declaring an emergency.

AI Summary

This bill establishes a comprehensive framework for limiting federal law enforcement actions in Oklahoma counties by empowering county sheriffs as the primary law enforcement authority. The bill declares that county sheriffs are the senior peace officers in their jurisdictions and requires federal employees who are not designated as Oklahoma peace officers to obtain written permission from the county sheriff or Attorney General before conducting arrests, searches, or seizures in the state. Exceptions to this requirement include actions on federal enclaves, witnessing immediate crimes, arresting sheriff's office employees or elected officials, or when there are concerns about potential interference. The sheriff or Attorney General can refuse permission for any reason, and any permission must include specific details about the intended action and is valid for 48 hours. If federal employees violate these restrictions, they can be prosecuted for kidnapping, trespass, theft, or homicide, depending on the specific circumstances. The bill explicitly rejects any federal laws that purport to give federal employees authority equivalent to county sheriffs, invoking the Tenth Amendment to the U.S. Constitution. The legislation includes an emergency clause, meaning it will take effect immediately upon passage and approval, emphasizing the perceived urgency of limiting federal law enforcement actions in the state.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Reading referred to Judiciary (on 02/04/2025)

bill text


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