Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1321 By: Nice
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6 AS INTRODUCED
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7 An Act relating to searches and seizures; defining
7 terms; prohibiting certain court orders; prohibiting
8 certain requests; providing certain exception;
8 requiring certain notification; authorizing civil
9 action; specifying factors for determining punitive
9 damages; allowing award of certain costs and fees;
10 providing for codification; and providing an
10 effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 1242 of Title 22, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. For the purposes of this section:
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18 1. "Government entity" means any department, agency, or
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19 political subdivision of this state or any individual acting for or
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20 on behalf of the state or a political subdivision;
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21 2. "Reverse-keyword court order" means any court order,
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22 including a search warrant, or subpoena compelling the disclosure of
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23 records or information identifying any person who electronically
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24 searched for a particular word, phrase, or website, or who visited a
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1 particular website through a link generated by such a search,
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2 regardless of whether or not the order is limited to a specific
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3 geographic area or time frame;
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4 3. "Reverse-keyword request" means any request, in the absence
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5 of a court order, by any government entity for the voluntary
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6 provision of records or information identifying any person who
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7 electronically searched for a particular word, phrase, or website,
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8 or who visited a particular website through a link generated by such
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9 a search, regardless of whether the request is limited to a specific
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10 geographic area or time frame. Such requests shall include offers
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11 to purchase such records or information;
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12 4. "Reverse-location court order" means any court order,
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13 including a search warrant, or subpoena compelling the disclosure of
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14 records or information pertaining to the location of unspecified
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15 electronic devices or the unnamed users or owners of such devices,
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16 for which the scope extends to an unknown number of electronic
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17 devices present in a given geographic area at a given time, whether
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18 such location is measured via Global Positioning System (GPS)
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19 coordinates, cell tower connectivity, Wi-Fi positioning, or any
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20 other form of location detection; and
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21 5. "Reverse-location request" means any request, in the absence
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22 of a court order, by any government entity for the voluntary
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23 provision of records or information pertaining to the location of
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24 unspecified electronic devices or the unnamed users or owners of
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1 such devices, for which the scope extends to an unknown number of
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2 electronic devices present in a given geographic area at a given
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3 time, whether such location is measured via Global Positioning
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4 System (GPS) coordinates, cell tower connectivity, Wi-Fi
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5 positioning, or any other form of location detection. Such requests
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6 shall include offers to purchase such records or information.
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7 B. 1. No government entity shall seek a reverse-location court
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8 order or a reverse-keyword court order from any court.
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9 2. No government entity shall seek, secure, obtain, borrow,
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10 purchase, or review any information or data obtained through a
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11 reverse-location court order or a reverse-keyword court order.
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12 3. No court subject to the laws of this state shall issue a
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13 reverse-location court order or a reverse-keyword court order.
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14 4. No person or entity in this state as a result of any law,
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15 regulation, or agreement adopted by this state or any political
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16 subdivision shall be obligated to comply with a reverse-location
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17 court order or a reverse-keyword court order issued by this state, a
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18 political subdivision of this state, any other state, or a political
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19 subdivision of any other state.
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20 5. No court or political subdivision of this state shall
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21 support, assist, or enforce a reverse-location court order or a
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22 reverse-keyword court order issued by this state, a political
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23 subdivision of this state, any other state, or a political
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24 subdivision of any other state.
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1 C. 1. No government entity shall make a reverse-location
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2 request or a reverse-keyword request.
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3 2. No government entity shall seek, secure, obtain, borrow,
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4 purchase, or review any information or data obtained through a
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5 reverse-location request or a reverse-keyword request.
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6 3. No government entity shall seek the assistance of any
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7 political subdivision of the federal government or any other state
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8 in obtaining information or data from a reverse-location court
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9 order, reverse-keyword court order, reverse-location request, or
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10 reverse-keyword request if the government entity would be barred
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11 from directly seeking such information under the provisions of this
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12 section.
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13 D. 1. Except as proof of a violation of this section, no
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14 record or information obtained, accessed, or otherwise secured in
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15 violation of this section, nor evidence derived from such record or
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16 information, shall be admissible in any criminal, civil,
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17 administrative, or other proceeding.
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18 2. For the purposes of this section, a record, information, or
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19 evidence is derived from a reverse-location court order, reverse-
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20 keyword court order, reverse-location request, or reverse-keyword
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21 request when the government entity would not have originally
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22 possessed the information or evidence but for the violative court
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23 order or request, and regardless of any claim that the record,
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24 information, or evidence is attenuated from the unlawful order or
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1 request, would inevitably have been discovered, or was subsequently
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2 reobtained through other means.
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3 E. 1. Any person whose name or other identifying information
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4 was obtained by a government entity in violation of this section:
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5 a. shall be notified of the violation, in writing, by the
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6 government entity who committed the violation and of
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7 the legal recourse available to that person pursuant
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8 to subparagraph b of this paragraph and paragraph 3 of
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9 this subsection, and
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10 b. may institute a civil action against such governmental
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11 entity for any of the following:
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12 (1) One Thousand Dollars ($1,000.00) per violation or
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13 actual damages, whichever is greater,
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14 (2) punitive damages,
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15 (3) injunctive or declaratory relief, and
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16 (4) any other relief the court deems proper.
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17 2. In assessing the amount of punitive damages, the court shall
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18 consider:
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19 a. the number of people whose information was disclosed,
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20 b. whether the violation directly or indirectly targeted
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21 persons engaged in the exercise of activities
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22 protected by the United States Constitution or the
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23 Oklahoma Constitution, and
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1 c. the persistence of violations by the particular
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2 government entity.
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3 3. In any action brought under this section, the court may
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4 award court costs and reasonable attorney fees to a prevailing
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5 plaintiff.
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6 SECTION 2. This act shall become effective November 1, 2026.
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8 60-2-2693 TEK 12/29/2025 2:49:17 PM
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Req. No. 2693 Page 6Every fact on this page links to its source, starting with the official bill record.