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 1788 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to law enforcement; defining terms;
7 requiring certain record; requiring certain
8 verification procedure and documentation; requiring
8 certain audit; establishing audit criteria; requiring
9 the Department of Public Safety to take certain
9 actions; authorizing promulgation of rules; providing
10 penalties; authorizing referral to the Attorney
10 General; construing provision; providing for
11 codification; and declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 212 of Title 22, unless there is
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17 created a duplication in numbering, reads as follows:
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18 A. As provided for in this section:
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19 1. "Law enforcement agency" means any county sheriff's office,
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20 municipal police department, or other public entity in this state
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21 responsible for booking offenders into custody and maintaining
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22 related databases, including, but not limited to, jail management
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23 systems;
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1 2. "Booking process" means the procedure for recording
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2 information about an arrested individual, including photographs,
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3 personal details, and demographic data such as race;
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4 3. "Database" means any electronic system or repository used by
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5 a law enforcement agency to store, manage, or share booking
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6 information, including public-facing websites or integrated state or
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7 federal systems;
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8 4. "Race" means the racial category of an individual as
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9 indicated on government-issued identification, birth certificate
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10 data, or determined based on observable physical characteristics in
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11 accordance with standard classification guidelines established by
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12 the Department of Public Safety; and
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13 5. "Misidentified race" means an entry in a database where the
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14 recorded race does not match the race indicated on presented
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15 government-issued identification, birth certificate data, or evident
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16 observable physical characteristics, as determined through audit or
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17 review.
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18 B. During the booking process, every law enforcement agency
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19 shall:
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20 1. Require the arresting or booking officer to record the
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21 offender's race based on:
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22 a. the race listed on any government-issued
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23 identification presented by the offender, such as a
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Req. No. 3440 Page 2
1 driver license, passport, or state identification
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2 card,
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3 b. birth certificate data, if available and presented, or
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4 c. observable physical characteristics, in the absence of
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5 official documentation;
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6 2. Implement a double-verification procedure, whereby a second
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7 certified peace officer or supervisory personnel reviews and
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8 confirms the accuracy of the recorded race before submission to any
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9 database. This verification shall include a comparison with the
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10 offender's booking photograph, any presented government-issued
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11 identification or birth certificate data, and observable physical
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12 characteristics; and
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13 3. Document the verification in the booking record, including
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14 the names or identifiers of the officers involved and the basis for
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15 the race determination (e.g., government-issued ID, observable
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16 characteristics).
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17 C. Each law enforcement agency shall conduct annual audits of
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18 its databases to identify and correct misidentified races. The
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19 audit shall:
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20 1. Review a representative sample of at least ten percent (10%)
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21 of booking records from the previous year, selected randomly or
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22 based on risk factors identified by the agency;
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Req. No. 3440 Page 3
1 2. Compare recorded races against booking photographs, any
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2 available government-issued identification or birth certificate data
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3 on file, and observable physical characteristics;
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4 3. Correct any identified inaccuracies within thirty (30) days
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5 of discovery and maintain records of such corrections; and
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6 4. Submit a summary report of the audit findings, including the
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7 number of misidentifications found and corrected, to the Department
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8 of Public Safety by January 31 of each year.
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9 D. The Department of Public Safety shall:
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10 1. Establish uniform guidelines for racial classification based
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11 on government-issued identification, birth certificate data, and
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12 observable physical characteristics to ensure consistency across
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13 agencies;
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14 2. Provide training resources to law enforcement agencies on
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15 accurate racial determination and verification procedures; and
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16 3. Promulgate rules as necessary to implement this section,
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17 including standardized audit procedures and reporting forms.
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18 E. 1. Any law enforcement agency found to be in consistent
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19 violation of subsections B or C of this section, as determined by
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20 the Department of Public Safety after investigation, shall be
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21 subject to:
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22 a. a civil penalty of up to One Thousand Dollars
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23 ($1,000.00) per uncorrected misidentification
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Req. No. 3440 Page 4
1 discovered during state review, not to exceed Fifty
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2 Thousand Dollars ($50,000.00) per audit cycle, and
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3 b. potential withholding of state-appropriated funds,
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4 including grants or reimbursements for law enforcement
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5 programs, until compliance is achieved.
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6 2. Any employee of a law enforcement agency who purposefully or
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7 repeatedly enters incorrect racial data, as determined through
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8 internal investigation or audit, shall be subject to disciplinary
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9 action, up to and including termination of employment. Repeated
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10 violations shall be defined as three or more instances within a
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11 twelve-month period.
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12 3. Willful violations involving falsification of records may be
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13 referred to the Attorney General for further action under applicable
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14 laws.
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15 F. Nothing in this section shall be construed to create a
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16 private right of action or to affect the admissibility of evidence
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17 in criminal proceedings.
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18 SECTION 2. It being immediately necessary for the preservation
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19 of the public peace, health or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23 60-2-3440 CN 1/14/2026 6:12:09 PM
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Req. No. 3440 Page 5Every fact on this page links to its source, starting with the official bill record.