Bill

Bill > HB1316


OK HB1316

OK HB1316
Prosecuting attorneys; creating the Prosecuting Attorneys Oversight Commission; stating purpose of the Commission; codification; effective date.


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 prosecuting attorneys; creating the Prosecuting Attorneys Oversight Commission; stating purpose of the Commission; defining term; establishing membership and panels of the Commission; stating responsibilities of the investigative panel; stating responsibilities of the hearing panel; defining terms; providing for the appointment of members to each panel; establishing date for initial terms; providing limitation on number of terms to be served; providing appointments upon vacancies; prohibiting ex parte communications regarding certain matters; providing procedures for voting; providing for the removal of panel members; setting quorum requirement; providing for travel reimbursement; directing the Commission to promulgate standards and rules of governance; providing grounds of discipline for district attorneys; establishing procedures for filing complaints; setting limitations on when the Commission can entertain complaints; providing exceptions; requiring confidentiality of information regarding disciplinary or incapacity matters; providing an exception; providing confidentiality and disclosure requirements after the filing and service of formal charges; providing confidentiality of work product; authorizing disclosure of information under certain circumstances; making information submitted to the Commission or staff privileged; directing copy of proposed record be given to respondent; providing commencement date of the Commission; requiring promulgation of rules and regulations by certain date; prohibiting the filing of complaints before certain date; limiting the authority of the Commission; providing construing provision; providing for codification; and providing an effective date.

AI Summary

This bill creates the Prosecuting Attorneys Oversight Commission, a new eight-member body designed to provide disciplinary oversight for district attorneys in Oklahoma. The Commission will be divided into a five-member investigative panel and a three-member hearing panel, with members appointed by various state officials including the Governor, Lieutenant Governor, Speaker of the House, and Senate President Pro Tempore. Members will include attorneys with prosecutorial experience, practicing attorneys, a citizen, a district attorney, and a former judge. The Commission will have the power to investigate complaints, discipline, remove, and cause involuntary retirement of district attorneys for serious misconduct, including mental or physical incapacity, willful misconduct, failure to perform duties, criminal convictions involving moral turpitude, and professional conduct violations. The bill establishes strict confidentiality requirements for investigations, with different levels of disclosure depending on the stage of the proceedings. Complaints must be filed with a sworn affidavit and cannot be based solely on prosecutorial charging decisions. The Commission is set to begin operations on April 1, 2026, with initial rules to be established by that date and no complaints to be filed before July 1, 2026. Commission members will serve without compensation but will receive travel reimbursement, and no member can serve more than two full terms.

Sponsors (1)

Last Action

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

bill text


bill summary

Loading...

bill summary

Loading...
Loading...