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OK HB1593

OK HB1593
Criminal procedures; authorizing peace officers to dispute reports of misconduct; codification; effective date.


summary

Introduced
02/03/2025
In Committee
04/01/2025
Crossed Over
03/06/2025
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

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 allegations 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 effective date.

AI Summary

This bill establishes new procedures for handling allegations of misconduct against peace officers in criminal proceedings. The legislation defines key terms such as "attorney representing the state" and "law enforcement agency" and creates a process for peace officers to dispute credibility challenges. When evaluating a peace officer's credibility as a witness, prosecutors cannot disqualify the officer based on an unresolved misconduct allegation. If a peace officer is placed on a "Do Not Call" list or deemed not credible due to a misconduct allegation, they can file a petition with the Office of the Attorney General to contest the determination. The Attorney General must then refer the petition to an administrative law judge who will conduct an evidentiary hearing and provide findings of fact and conclusions of law. If the administrative law judge finds that the misconduct allegations are not supported by a preponderance of evidence, the law enforcement agency and prosecutor cannot rely on those allegations. The bill also ensures that any court considering the peace officer's credibility will receive a copy of the administrative law judge's findings. Importantly, the legislation does not prevent prosecutors from disclosing credibility issues to the court, maintaining transparency in the legal process. The bill is set to become effective on November 1, 2025, and aims to provide peace officers with a fair mechanism to challenge allegations that could impact their professional reputation and ability to testify.

Committee Categories

Justice

Sponsors (3)

Last Action

Second Reading referred to Judiciary (on 04/01/2025)

bill text


bill summary

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