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OK SB2035

OK SB2035
Torts; prohibiting the assertion of qualified immunity as a defense to liability. Effective date.


summary

Introduced
02/02/2026
In Committee
02/03/2026
Crossed Over
Passed
Dead

Introduced Session

2026 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, effective November 1, 2026, establishes that peace officers in Oklahoma can be held liable for damages if they deprive individuals of their rights secured by the Bill of Rights, Article II of the Oklahoma Constitution, even if they fail to intervene in such actions. It explicitly states that existing legal protections like statutory immunities, limitations on liability, and the Governmental Tort Claims Act will not apply to these claims, and importantly, qualified immunity, a defense often used by government officials to shield themselves from lawsuits, can no longer be asserted by peace officers in such cases. Furthermore, if a plaintiff wins a lawsuit under this bill, they will be awarded reasonable attorney fees and costs, and their employer will generally be required to cover any liability or settlements incurred by the peace officer, unless the officer did not act in good faith or their conduct was criminal and resulted in a conviction, in which case the officer may be personally responsible for a portion of the damages.

Sponsors (1)

Last Action

Second Reading referred to Rules (on 02/03/2026)

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