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 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 539 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to county sheriffs; declaring certain
7 authority; prohibiting certain federal employees from
8 taking certain actions without permission; providing
8 exceptions; allowing denial of permission; requiring
9 certain permissions of the Attorney General; allowing
9 denial of permission; providing for validity of
10 written permission; providing for violations;
10 prohibiting discretion of district attorney to not
11 prosecute violations; declaring federal authority of
11 a county sheriff to be rejected; providing for
12 codification; and declaring an emergency.
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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 517.2 of Title 19, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. The elected sheriff of each county is the senior
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20 authoritative peace officer of that county. The primary duties of
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21 the sheriff are to keep the peace in the county and to secure and
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22 protect the liberties and security of the residents of the county.
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23 B. A federal employee who is not designated by Oklahoma law as
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24 an Oklahoma peace officer may not make an arrest, search, or seizure
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Req. No. 1425 Page 1
1 in this state without the written permission of the sheriff or
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2 designee of the sheriff of the county in which the arrest, search,
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3 or seizure will occur unless:
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4 1. The arrest, search, or seizure will take place on a federal
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5 enclave for which jurisdiction has been actively ceded to the United
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6 States of America by the Oklahoma Statutes;
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7 2. The federal employee witnesses the commission of a crime,
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8 the nature of which requires an immediate arrest;
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9 3. The intended subject of the arrest, search, or seizure is an
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10 employee of the sheriff's office or is an elected county or state
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11 official; or
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12 4. The federal employee has probable cause to believe that the
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13 subject of the arrest, search, or seizure has close connections with
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14 the sheriff, which connections are likely to result in the subject
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15 being informed of the impending arrest, search, or seizure.
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16 C. The county sheriff or designee of the sheriff may refuse
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17 permission for any reason that the sheriff or designee considers
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18 sufficient.
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19 D. A federal employee who is not designated by Oklahoma law as
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20 a peace officer and who desires to exercise an exception under
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21 paragraph 3 of subsection B of this section shall obtain the written
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22 permission of the Attorney General for the arrest, search, or
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23 seizure unless the resulting delay in obtaining permission could
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24 cause serious harm to one or more individuals or to a community or
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1 would potentially cause flight of the subject of the arrest, search,
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2 or seizure in order to avoid prosecution. The Attorney General may
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3 refuse the permission for any reason that the Attorney General
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4 considers sufficient.
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5 E. A federal employee who is not designated by Oklahoma law as
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6 a peace officer and who desires to exercise an exception under
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7 paragraph 4 of subsection B of this section shall obtain the written
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8 permission of the Attorney General. The request for permission
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9 shall include a written statement, under oath, describing the
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10 federal employee's probable cause. The Attorney General may refuse
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11 the request for any reason that the Attorney General considers
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12 sufficient.
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13 F. A request to the county sheriff or Attorney General shall
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14 contain:
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15 1. The name of the subject of the arrest, search, or seizure;
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16 2. A clear statement of probable cause for the arrest, search,
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17 or seizure or a federal arrest, search, or seizure warrant that
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18 contains a clear statement of probable cause;
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19 3. A description of specific assets, if any, to be searched for
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20 or seized;
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21 4. A statement of the date and time that the arrest, search, or
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22 seizure is to occur; and
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23 5. The address or location where the intended arrest, search,
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24 or seizure will be attempted.
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1 G. The permission may be in letter form, either typed or
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2 handwritten, but shall be countersigned with the original signature
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3 of the county sheriff or designee of the sheriff or by the Attorney
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4 General, to constitute valid permission. The permission is valid
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5 for forty-eight (48) hours after it is signed. The sheriff or
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6 Attorney General shall keep a copy of the permission request on
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7 file.
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8 H. An arrest, search, or seizure or attempted arrest, search,
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9 or seizure in violation of subsection B of this section is unlawful
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10 and individuals involved shall be prosecuted by the district
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11 attorney of the county for kidnapping if an arrest or attempted
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12 arrest occurred, for trespass if a search or attempted search
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13 occurred, for theft if a seizure or attempted seizure occurred, and
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14 for any applicable homicide offense if loss of life occurred.
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15 I. The district attorney of the county has no discretion not to
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16 prosecute once a claim of violation of the provisions of this
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17 section has been made by the county sheriff or designee of the
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18 sheriff, and failure to abide by this mandate subjects the district
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19 attorney to removal in accordance with the provisions of Section
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20 1181.1 et seq. of Title 22 of the Oklahoma Statutes.
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21 J. Pursuant to the Tenth Amendment to the United States
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22 Constitution, the Legislature declares that any federal law
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23 purporting to give federal employees the authority of a county
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24 sheriff in this state is not recognized by this state, is
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1 specifically rejected by this state, and is declared to be null and
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2 void, and of no effect in this state.
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3 SECTION 2. It being immediately necessary for the preservation
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4 of the public peace, health or safety, an emergency is hereby
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5 declared to exist, by reason whereof this act shall take effect and
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6 be in full force from and after its passage and approval.
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Req. No. 1425 Page 5Every fact on this page links to its source, starting with the official bill record.