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OK SB1056

OK SB1056
Torts; stating liability of peace officers for injuries related to the deprivation of certain rights; prohibiting the assertion of qualified immunity as a defense to liability. 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 torts; stating liability of peace officers for injuries related to the deprivation of certain rights; making statutory 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 indemnify peace officers under certain circumstances; prohibiting indemnification of peace officers under certain circumstances; providing for codification; and providing an effective date.

AI Summary

This bill establishes new legal provisions for holding peace officers (law enforcement personnel) personally liable for violating individual rights protected by the Bill of Rights or Oklahoma Constitution. Specifically, the bill allows individuals to sue peace officers who deprive them of constitutional rights "under color of law" (meaning while acting in an official capacity), and removes several legal protections that have traditionally shielded officers from such lawsuits. Notably, the bill eliminates qualified immunity as a defense and nullifies existing statutory immunities and tort claim limitations. If a plaintiff prevails in such a lawsuit, the court must award reasonable attorney fees, and the peace officer's employer is generally required to indemnify (financially protect) the officer, with an important exception: if the officer is found to have not acted in good faith or reasonably, they will be personally liable for up to 5% of the judgment (or $25,000, whichever is less). Furthermore, if the officer is convicted of a criminal offense related to the claim, they cannot be indemnified at all. The bill is set to take effect on November 1, 2025, and represents a significant potential expansion of legal accountability for law enforcement personnel.

Committee Categories

Justice

Sponsors (1)

Last Action

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

bill text


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