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 2035 By: Goodwin
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6 AS INTRODUCED
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7 An Act relating to torts; stating liability of peace
7 officers for injuries related to the deprivation of
8 certain rights; making statutory immunities and
8 limitations on liability inapplicable to claims
9 brought by plaintiffs; prohibiting the assertion of
9 qualified immunity as a defense to liability;
10 providing for the award of reasonable attorney fees
10 and costs; directing employers to indemnify peace
11 officers under certain circumstances; prohibiting
11 indemnification of peace officers under certain
12 circumstances; providing for codification; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 121 of Title 76, unless there is
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18 created a duplication in numbering, reads as follows:
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19 A. A peace officer, as defined in Section 99 of Title 21 of the
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20 Oklahoma Statutes, employed by the state or any political
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21 subdivision of this state who, under color of law, subjects or
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22 causes to be subjected, including by failing to intervene, any other
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23 person to the deprivation of any individual rights that create
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24 binding obligations on government actors secured by the Bill of
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Req. No. 3025 Page 1
1 Rights, Article II of the Oklahoma Constitution, shall be liable to
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2 the injured party for legal or equitable relief or any other
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3 appropriate relief.
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4 B. Statutory immunities and statutory limitations on liability,
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5 damages, or attorney fees shall not apply to claims brought pursuant
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6 to this section. The Governmental Tort Claims Act shall not apply
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7 to claims brought pursuant to this section.
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8 C. Qualified immunity is not a defense to liability pursuant to
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9 this section.
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10 D. In any action brought pursuant to this section, a court
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11 shall award reasonable attorney fees and costs to a prevailing
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12 plaintiff. In actions for injunctive relief, a court shall deem a
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13 plaintiff to have prevailed if the lawsuit of the plaintiff was a
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14 substantial factor or significant catalyst in obtaining the results
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15 sought by the litigation. When a judgment is entered in favor of a
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16 defendant, the court may award reasonable costs and attorney fees to
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17 the defendant for defending any claims the court finds frivolous.
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18 E. The employer of the peace officer shall indemnify its peace
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19 officer for any liability incurred by the peace officer and for any
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20 judgment or settlement entered against the peace officer for claims
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21 arising pursuant to this section; provided, however, if the employer
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22 of the peace officer determines the peace officer did not act in
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23 good faith and upon a reasonable belief that the action was lawful,
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24 the peace officer shall be personally liable and shall not be
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Req. No. 3025 Page 2
1 indemnified by the employer of the peace officer for five percent
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2 (5%) of the judgment or settlement or Twenty-five Thousand Dollars
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3 ($25,000.00), whichever is less. Notwithstanding any provision of
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4 this section to the contrary, if the peace officer's portion of the
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5 judgment is not collectible from the peace officer, the employer of
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6 the peace officer or insurance provider shall satisfy the full
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7 amount of the judgment or settlement. The peace officer shall not
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8 be indemnified by the employer for any monetary judgments or legal
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9 expenses, including attorney fees, if the conduct of the peace
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10 officer from which the claim arose constituted a criminal offense
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11 and the peace officer was convicted of such criminal offense.
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12 SECTION 2. This act shall become effective November 1, 2026.
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14 60-2-3025 BLB 1/15/2026 10:53:14 AM
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Req. No. 3025 Page 3Every fact on this page links to its source, starting with the official bill record.