Judiciary - Criminal

OKLAHOMA CITY – Rep. Ross Ford, R-Broken Arrow, this week passed legislation in the House that would allow police to review camera footage before completing reports or making statements regarding events while they are performing their official duties.  House Bill 3598 would require law enforcement agencies that utilize any type of camera system – including fixed security cameras in a police station or law enforcement office, vehicle mounted cameras, or body cameras worn by peace officers – to establish policies and procedures addressing the proper use, maintenance, and storage of the various cameras and the data recorded. The policies would be individual to each entity, but they must include guidelines that permit a peace officer to review the recorded data before writing a report or providing a statement about any event during performance of their official duties. "We're looking for accuracy," Ford said. Ford, a former police officer, said this would be akin to referring to notes taken at a crime scene before completing reports, or the same as allowing officers the ability to look at documents to refresh their memory before they go to court. The policies also must include guidelines regarding the proper release of audio and video data in compliance with the Oklahoma Open Records Act. Ford said he filed an amendment to the bill that specifies that any policy permitting review of recorded footage by a peace officer may not be used to delay or deny records requests or public access to recorded footage from such cameras. Ford also passed House Bill 3885 on the House floor. The measure would extend the amount of time municipal or district courts would have to file for misdemeanor warrants for a traffic citation when a defendant was released on personal recognizance but failed to appear in court and no arrangement was made with the court to satisfy the citation. The bill moves the requirement to file the warrant from 120 days to one year, giving municipalities and courts more time to obtain accurate records from Service Oklahoma. The measures now move to the Senate for consideration. 

OKLAHOMA CITY – Rep. Justin Humphrey, R-Lane, on Monday secured passage in the House of House Bill 3022, which would require every restroom, changing room and sleeping quarters within a state correctional facility to be used by only members of one sex. "This bill protects and provides safety for women in our correctional facilities," Humphrey said. "It makes sure that only women go to women's correctional facilities and men go to men's correctional facilities." Humphrey was questioned about individuals who identify as transgender or intersex. He responded that the definition of male and female are defined in state statute as well as in the language of this bill. Humphrey, who serves as the chair of the House Criminal Justice and Corrections Committee, said the purpose of the bill is to try to reduce the incidences of rape in state prisons. He said he is contacted daily by current inmates who have been raped, as well as by individuals who have a loved one that has been so abused. The bill provides injunctive relief against the Department of Corrections if it is deemed the department knowingly permitted or failed to prohibit entry by someone of the opposite sex into such quarters. The bill passed the House on a partisan vote of 77-18. It now moves the Senate where it is authored by Sen. Jessica Garvin, R-Duncan. 

The House Judiciary Criminal Committee approved a bill designed to prevent the unauthorized sharing of digitized depictions of individuals. Rep. Neil Hays, R-Checotah, authored House Bill 3073, which criminalizes publishing or distributing digitized representations of someone else's name, image, voice, or likeness without their written consent and with the intent to harm. Hays argued this bill is necessary to address the increasing prevalence of such acts in today's digital age, particularly with the rise of artificial intelligence. "Our goal here is not to regulate artificial intelligence but to ensure that its application is not weaponized against individuals," Hays said. "In a tech-driven world, we must commit to protecting the public from the dangers of online deception." The measure introduces misdemeanor and felony charges for sharing and publishing specific digitized content. A first offense is a misdemeanor, while a second offense becomes a felony, punishable by at least one year in jail and a $5,000 fine. Failure to disclose that an image is digitized will result in a misdemeanor.  HB3073 is now eligible to be considered by the full House.