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 1803 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to The Governmental Tort Claims Act;
7 defining terms; requiring the Council on Law
8 Enforcement Education and Training to establish
8 certain certification standards; requiring adoption
9 of written pursuit policies; establishing
9 requirements for certain policies; requiring Council
10 to determine number of training hours for certain
10 purpose; prohibiting liability for certain actions;
11 providing exceptions; establishing certain rebuttable
11 presumption; stating evidentiary standard to rebut
12 certain presumption; requiring law enforcement
12 agencies to enforce certain policies; requiring
13 Council to audit certain compliance; construing
13 provisions; providing for codification; and providing
14 an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 173 of Title 51, unless there is
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20 created a duplication in numbering, reads as follows:
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21 A. For the purposes of this section:
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22 1. "Fleeing suspect" means a person knowingly attempting to
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23 evade lawful detention or arrest;
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Req. No. 2813 Page 1
1 2. "Pursuit" means any lawful attempt to apprehend or detain a
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2 fleeing person by any means; and
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3 3. "Pursuit-ready agency" means a law enforcement agency
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4 certified pursuant to this act.
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5 B. The Council on Law Enforcement Education and Training shall
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6 establish certification standards for pursuit-ready agencies.
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7 Certification shall require adoption and enforcement of written
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8 pursuit policies and completion of pursuit-related training
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9 addressing, at a minimum:
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10 1. Pursuit decision-making and risk assessment;
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11 2. Supervisory oversight and authorization;
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12 3. Termination criteria and disengagement procedures;
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13 4. Overall public safety considerations, including traffic,
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14 environment, and third-party risk;
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15 5. Tactical intervention options designed to safely resolve
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16 pursuits and reduce risk and liability; and
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17 6. Post-pursuit review and corrective action processes.
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18 The Council shall determine the minimum number of training hours
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19 and may update standards as necessary.
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20 C. 1. Pursuit decisions constitute discretionary acts within
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21 the course and scope of employment under The Governmental Tort
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22 Claims Act. No officer or agency shall be liable for injury or
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23 damage arising from a lawful pursuit absent clear and convincing
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24 evidence of intentional or criminal misconduct.
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Req. No. 2813 Page 2
1 2. In any civil action arising from or related to a lawful
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2 pursuit, the actions of the fleeing suspect shall be presumed to be
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3 the proximate cause of any injury, death, or property damage
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4 occurring during the pursuit. Such presumption may be rebutted only
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5 upon proof, by clear and convincing evidence, that the officer
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6 engaged in intentional or criminal misconduct. The burden of
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7 rebutting this presumption rests with the claimant.
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8 D. Law enforcement agencies shall enforce pursuit policies.
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9 The Council may audit compliance and impose graduated administrative
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10 sanctions for material noncompliance. Substantial compliance with
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11 policy and training standards shall be deemed compliance. No
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12 officer shall be disciplined solely for good-faith lawful
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13 enforcement activity or pursuit conduct, while intentional
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14 misconduct, criminal acts, dishonesty, or documented material policy
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15 violations remain subject to discipline.
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16 E. Nothing in this section shall be construed to create new
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17 penalties or to limit the authority of courts to impose sanctions
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18 otherwise authorized by law.
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19 SECTION 2. This act shall become effective November 1, 2026.
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21 60-2-2813 TEK 1/14/2026 8:58:41 PM
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Req. No. 2813 Page 3Every fact on this page links to its source, starting with the official bill record.