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Okla. Stat. tit. 51, § 51-24A.8

This is the official text of Okla. Stat. tit. 51, § 51-24A.8, part of Oklahoma’s Stat. tit. 51, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 51,." Browse the sections below, each linked to its official government source.

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Law enforcement records - Disclosure

Official statutory text

A. Law enforcement agencies shall make available for public

inspection and copying, if kept, the following records:

1. An arrestee description, including the name, date of birth,

address, race, sex, physical description, and occupation of the

arrestee;

2. Facts concerning the arrest, including the cause of arrest

and the name of the arresting officer;

3. A chronological list of all incidents, including initial

offense report information showing the offense, date, time, general

location, officer, and a brief summary of what occurred;

4. Radio logs, including a chronological listing of the calls

dispatched;

5. Conviction information, including the name of any person

convicted of a criminal offense;

6. Disposition of all warrants, including orders signed by a

judge of any court commanding a law enforcement officer to arrest a

particular person;

7. A crime summary, including an agency summary of crimes

reported and public calls for service by classification or nature

and number;

8. Jail registers, including jail blotter data or jail booking

information recorded on persons at the time of incarceration showing

the name of each prisoner with the date and cause of commitment, the

authority committing the prisoner, whether committed for a criminal

offense, a description of the prisoner, and the date or manner of

discharge or escape of the prisoner;

9. Audio and video recordings from recording equipment attached

to law enforcement vehicles or associated audio recordings from

recording equipment on the person of a law enforcement officer;

provided, the law enforcement agency may, before releasing any audio

or video recording provided for in this paragraph, redact or obscure

specific portions of the recording which:

a. depict the death of a person or a dead body, unless

the death was effected by a law enforcement officer,

Oklahoma Statutes - Title 51. Officers Page 33

b. depict nudity,

c. would identify minors under the age of sixteen (16)

years or would undermine any requirement to keep

certain juvenile records confidential as provided for

in Title 10A of the Oklahoma Statutes,

d. depict acts of severe violence resulting in great

bodily injury, as defined in Section 11-904 of Title

47 of the Oklahoma Statutes, against persons that are

clearly visible, unless the act of severe violence was

effected by a law enforcement officer,

e. depict great bodily injury, as defined in Section 11-

904 of Title 47 of the Oklahoma Statutes, unless the

great bodily injury was effected by a law enforcement

officer,

f. include personal medical information that is not

already public,

g. would undermine the assertion of a privilege provided

in Section 1-109 or Section 3-428 of Title 43A of the

Oklahoma Statutes for detention or transportation for

mental health evaluation or treatment or drug or

alcohol detoxification purposes,

h. include personal information other than the name or

license plate number of a person not arrested, cited,

charged or issued a written warning. Such personal

information shall include any government-issued

identification number, date of birth, address or

financial information, or

i. reveal the identity of law enforcement officers who

have become subject to internal investigation by the

law enforcement agency as a result of an event

depicted in the recording. The option to protect the

identity of a law enforcement officer shall not be

available to the law enforcement agency after the law

enforcement agency has concluded the investigation and

rendered a decision as to final disciplinary action.

At such time when an investigation has concluded and

the law enforcement agency has rendered its decision

as to final disciplinary action, the portions of the

recordings previously withheld as provided for in this

subparagraph shall be available for public inspection

and copying. The audio and video recordings withheld

as provided for in this subparagraph shall be
final disciplinary action.

At such time when an investigation has concluded and

the law enforcement agency has rendered its decision

as to final disciplinary action, the portions of the

recordings previously withheld as provided for in this

subparagraph shall be available for public inspection

and copying. The audio and video recordings withheld

as provided for in this subparagraph shall be

available for public inspection and copying before the

conclusion of the investigation if the investigation

lasts for an unreasonable amount of time; and

Oklahoma Statutes - Title 51. Officers Page 34

10. a. Audio and video recordings from recording equipment

attached to the person of a law enforcement officer

that depict:

(1) the use of any physical force or violence by a

law enforcement officer,

(2) pursuits of any kind,

(3) traffic stops,

(4) any person being arrested, cited, charged or

issued a written warning,

(5) events that directly led to any person being

arrested, cited, charged or receiving a written

warning,

(6) detentions of any length for the purpose of

investigation,

(7) any exercise of authority by a law enforcement

officer that deprives a citizen of his or her

liberty,

(8) actions by a law enforcement officer that have

become the cause of an investigation or charges

being filed,

(9) recordings in the public interest that may

materially aid a determination of whether law

enforcement officers are appropriately performing

their duties as public servants, or

(10) any contextual events occurring before or after

the events depicted in divisions (1) through (9)

of this subparagraph.

b. Notwithstanding the provisions of subparagraph a of

this paragraph, the law enforcement agency may, before

releasing any audio or video recording provided for in

this paragraph, redact or obscure specific portions of

the recording that:

(1) depict the death of a person or a dead body,

unless the death was effected by a law

enforcement officer,

(2) depict nudity,

(3) would identify minors under the age of sixteen

(16) years or would undermine any requirement to

keep certain juvenile records confidential as

provided for in Title 10A of the Oklahoma

Statutes,

(4) depict acts of severe violence resulting in great

bodily injury, as defined in Section 11-904 of

Title 47 of the Oklahoma Statutes, against

persons that are clearly visible, unless the act

of severe violence was effected by a law

enforcement officer,

Oklahoma Statutes - Title 51. Officers Page 35

(5) depict great bodily injury, as defined in Section

11-904 of Title 47 of the Oklahoma Statutes,

unless the great bodily injury was effected by a

law enforcement officer,

(6) include personal medical information that is not

already public,

(7) undermine the assertion of a privilege as

provided in Section 1-109 or Section 3-428 of

Title 43A of the Oklahoma Statutes for detention

or transportation for mental health evaluation or

treatment or drug or alcohol detoxification

purposes,

(8) identify alleged victims of sex crimes or

domestic violence,

(9) identify any person who provides information to

law enforcement or the information provided by

that person when that person requests anonymity

or where disclosure of the identity of the person

or the information provided could reasonably be

expected to threaten or endanger the physical

safety or property of the person or the physical

safety or property of others,

(10) undermine the assertion of a privilege to keep

the identity of an informer confidential as

provided for in Section 2510 of Title 12 of the

Oklahoma Statutes,

(11) include personal information other than the name

or license plate number of a person not

officially arrested, cited, charged or issued a

written warning. Such personal information shall

include any government-issued identification

number, date of birth, address or financial

information,
of an informer confidential as

provided for in Section 2510 of Title 12 of the

Oklahoma Statutes,

(11) include personal information other than the name

or license plate number of a person not

officially arrested, cited, charged or issued a

written warning. Such personal information shall

include any government-issued identification

number, date of birth, address or financial

information,

(12) include information that would materially

compromise an ongoing criminal investigation or

ongoing criminal prosecution, provided that:

(a) ten (10) days following the formal

arraignment or initial appearance, whichever

occurs first, of a person charged in the

case in question, the recording shall be

made available for public inspection and

copying with no redaction of the portions

that were temporarily withheld by reliance

on this division. Provided, before

potential release of a recording as provided

for in this subdivision, the prosecutor or

legal representative of the person charged

Oklahoma Statutes - Title 51. Officers Page 36

may request from the appropriate district

court an extension of time during which the

recording may be withheld under the

provisions of this division. When a request

for an extension of time has been filed with

the court, the recording in question may be

withheld until the court has issued a

ruling. Such requests for an extension of

the time during which the recording may be

withheld may be made on the grounds that

release of the recording will materially

compromise an ongoing criminal investigation

or criminal prosecution or on the grounds

that release of the recording will

materially compromise the right of an

accused to a fair trial that has yet to

begin. Courts considering such requests

shall conduct a hearing and consider whether

the interests of the public outweigh the

interests asserted by the parties. In

response to such requests, the court shall

order that the recording be made available

for public inspection and copying with no

redaction of the portions that were

temporarily withheld by reliance on this

division or order an extension of time

during which the recording may be withheld

under the provisions of this division.

Provided further, each such time extension

shall only be ordered by the court for an

additional six-month period of time or less

and cumulative time extensions shall not add

up to more than eighteen (18) months, or

(b) in the event that one hundred twenty (120)

days expire from the date of the events

depicted in the recording without any person

being criminally charged in the case in

question and release of a recording or

portions of a recording have been denied on

the grounds provided for in this division,

an appeal of such denial may be made to the

appropriate district court. In situations

where one hundred twenty (120) days have

expired since the creation of the recording,

criminal charges have not been filed against

a person and the recording is being withheld

on the grounds provided for in this

Oklahoma Statutes - Title 51. Officers Page 37

division, courts considering appeals to the

use of the provisions of this division for

temporarily withholding a recording shall

conduct a hearing and consider whether the

interests of the public outweigh the

interests of the parties protected by this

division. In response to such appeals, the

district court shall order that the

recording be made available for public

inspection and copying with no redaction of

the portions that were temporarily withheld

by reliance on this division or order an

extension of time during which the recording

may be withheld under the provisions of this

division. An order granting an extension of

time shall be applicable to the recording

against all appellants for the duration of

the extension. Provided, each such time

extension shall only be ordered by the

district court for an additional twelve-
ly withheld

by reliance on this division or order an

extension of time during which the recording

may be withheld under the provisions of this

division. An order granting an extension of

time shall be applicable to the recording

against all appellants for the duration of

the extension. Provided, each such time

extension shall only be ordered by the

district court for an additional twelve-

month period of time or less and cumulative

time extensions shall not add up to more

than three (3) years. Provided, charges

being filed against a person in the case in

question automatically cancels any extension

of time. A new request for an extension of

time following an arraignment or initial

appearance may be requested by the parties

on the grounds and under the terms provided

for in subdivision (a) of this division.

The options presented in this division to

potentially withhold a recording or portions of a

recording on the grounds provided for in this

division shall expire in totality four (4) years

after the recording was made at which time all

recordings previously withheld on the grounds

provided for in this division shall be made

available for public inspection and copying, or

(13) reveal the identity of law enforcement officers

who have become subject to internal investigation

by the law enforcement agency as a result of an

event depicted in the recording. The option to

protect the identity of a law enforcement officer

shall not be available to the law enforcement

agency after the law enforcement agency has

concluded the investigation and rendered a

decision as to final disciplinary action. At

Oklahoma Statutes - Title 51. Officers Page 38

such time when an investigation has concluded and

the law enforcement agency has rendered its

decision as to final disciplinary action, the

portions of the recordings previously withheld as

provided for in this division shall be available

for public inspection and copying. The audio and

video recordings withheld on the grounds provided

for in this division shall be available for

public inspection and copying before the

conclusion of the investigation if the

investigation lasts for an unreasonable amount of

time.

B. 1. Except for the records listed in subsection A of this

section and those made open by other state or local laws, law

enforcement agencies may deny access to law enforcement records

except where a court finds that the public interest or the interest

of an individual outweighs the reason for denial. The provisions of

this section shall not operate to deny access to law enforcement

records if such records have been previously made available to the

public as provided in the Oklahoma Open Records Act or as otherwise

provided by law.

2. a. A law enforcement agency shall deny access to any

audio or video recording that depicts the death of a

law enforcement officer who was acting in the course

of his or her official duties including any related

acts or events immediately preceding or subsequent to

the acts or events that caused or otherwise relate to

the death, except where a court finds that the public

interest or the interest of an individual outweighs

the reason for denial. Provided, however, a law

enforcement agency may allow a family member of the

deceased law enforcement officer to hear or view such

audio or video recording under protocols established

by the law enforcement agency. For the purposes of

this subparagraph, "family member" means a spouse,

adult child, parent or sibling of the deceased law

enforcement officer.

b. Nothing in subparagraph a of this paragraph shall be

construed to prohibit the prosecution and defense

counsel from access to such audio or video recordings

or the use of such recordings as evidence in a legal

proceeding.

C. Nothing contained in this section imposes any new

recordkeeping requirements. Law enforcement records shall be kept
sibling of the deceased law

enforcement officer.

b. Nothing in subparagraph a of this paragraph shall be

construed to prohibit the prosecution and defense

counsel from access to such audio or video recordings

or the use of such recordings as evidence in a legal

proceeding.

C. Nothing contained in this section imposes any new

recordkeeping requirements. Law enforcement records shall be kept

for as long as is now or may hereafter be specified by law. Absent

a legal requirement for the keeping of a law enforcement record for

Oklahoma Statutes - Title 51. Officers Page 39

a specific time period, law enforcement agencies shall maintain

their records for so long as needed for administrative purposes.

D. Registration files maintained by the Department of

Corrections pursuant to the provisions of the Sex Offenders

Registration Act shall be made available for public inspection in a

manner to be determined by the Department.

E. The Council on Law Enforcement Education and Training

(C.L.E.E.T.) shall keep confidential all records it maintains

pursuant to Section 3311 of Title 70 of the Oklahoma Statutes and

deny release of records relating to any employed or certified full-

time officer, reserve officer, retired officer or other person;

teacher lesson plans, tests and other teaching materials; and

personal communications concerning individual students except under

the following circumstances:

1. To verify the current certification status of any peace

officer;

2. As may be required to perform the duties imposed by Section

3311 of Title 70 of the Oklahoma Statutes;

3. To provide to any peace officer copies of the records of

that peace officer upon submitting a written request;

4. To provide, upon written request, to any law enforcement

agency conducting an official investigation, copies of the records

of any peace officer who is the subject of such investigation;

5. To provide final orders of administrative proceedings where

an adverse action was taken against a peace officer; and

6. Pursuant to an order of the district court of the State of

Oklahoma.

F. The Department of Public Safety shall keep confidential:

1. All records it maintains pursuant to its authority under

Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway

Patrol Division, the Communications Division, and other divisions of

the Department relating to:

a. training, lesson plans, teaching materials, tests and

test results,

b. policies, procedures and operations, any of which are

of a tactical nature, and

c. the following information from radio logs:

(1) telephone numbers,

(2) addresses other than the location of incidents to

which officers are dispatched, and

(3) personal information which is contrary to the

provisions of the Driver's Privacy Protection

Act, 18 United States Code, Sections 2721 through

2725; and

2. For the purpose of preventing identity theft and invasion of

law enforcement computer systems, except as provided in Title 47 of

the Oklahoma Statutes, all driving records.

Oklahoma Statutes - Title 51. Officers Page 40

Status: in_force · Read it on the official government site

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