STATE OF OKLAHOMA

AN ACT BY STATE CONSTITUTIONAL INNITIAIVE

STATE QUESTION No. _ .

INITIATIVE PETITION No. _____.

AS INTRODUCED

A state constitutional initiative Act relating to control of the

corruption of law enforcement officers with respect to the
discriminatory use of excessive force, and substantive law pertaining
thereto.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA,

VIA CONSTIUTIONAL INITIATIVE:

SECTION 1: NEW LAW - A new section of law to be codified in the Oklahoma

Statutes as Section 2200 of Title 21, unless there is created a
duplication in numbering, reads as follows:

1. SHORT TITLE - This act may be referred to as the Citizens Against

Corrupt Law Enforcement Officials (CALEO) Act.

2. DEFINTIONS-
(a) “Law Enforcement Officer”, as used in this act, has the meaning
set forth in 21 OK Stat. Sec. 21-648(A), and includes a “peace
officer” as defined by 21 OK Stat. Sec. 21-99, and includes all
persons in the employment of the Oklahoma Department of
Corrections, A County Jail, or any other similar publicly or
privately owned institution, which shall confine persons
convicted of crimes, whom shall be authorized to carry handcuffs
or any weapon on or about their persons in the performance of
their official duties.

Oklahoma Constitutional Initiative Petition Page 1 of 7

 (b) “Race”, As used in this act, means any grouping of persons based
on shared immutable physical or social qualities into categories
generally viewed as distinct.
(c) “Custody”, as used in this act, means any time a person is
located anywhere within a Secured Area not open to inspection to
the general public without announcement as a matter of law, or
while en route to or from any such place.

3. CRIMINAL RACE BAITING –

(a) Notwithstanding any other law to the contrary, Any person whom
knowingly or intentionally makes any statement:
(1) in a public place outside the presence of the judge of any
court of this state,
(2) that a law enforcement officer performed any act due to the
race of any person alleged to be a victim of any criminal
offense,
(3) commits a felony.

(b) PENALTY - A offense under section (a) of this section is punishable

by no less than five and no more than ten years imprisonment.

(c) AGGRAVATED PENALTY - An offense under section (a) above is

punishable by no less than life imprisonment upon a second
conviction for the same. An offense under subsection (a) of this
section is punishable by no less than life imprisonment without
parole if committed by a journalist, and there was intent to
influence any official proceeding being had within this state.

(d) EXTRATERITORIAL JURISDICTION- The state of Oklahoma shall have

extraterritorial jurisdiction to enforce any criminal violation of
this act, if the violation substantially effects the conduct of
legal process within the state of Oklahoma.

Oklahoma Constitutional Initiative Petition Page 2 of 7

(e) EXCEPTION- It shall not constitute an offense under this section if
person whom is a subject of any comment stands indicted for a
violation of Title 18 of the United States Code, Section 241;
Title 18 of the United States Code, Section 242; or any similar
statute made and provided for by the Oklahoma statutes, or the
comparable statute of any other State.

4. LAW ENFORCEMENT OFFICER REGISTRY-

(a)CREATION, WHOM REQUIRED TO MAINTAIN- The Oklahoma State Bureau of

Investigation shall create and maintain a registry of All law
enforcement officers which shall be accessible to the public.

(b)REQUIRED INFORMATION- The registry, at a minimum, shall include, a

photo of the registrant taken within the previous year, the full
legal name of the registrant, the name and full address of the law
enforcement agency with whom the registrant is currently employed, a
street address, which shall not be the street address of any
government agency, at which the registrant may be served a summons
and complaint or other legal process, and any other information which
may be needed to name the registrant Defendant in a state or federal
civil action, or to serve the registrant with a summons and complaint
pursuant to the applicable court rules or statutory law governing
service of said process.

(c) FAILURE TO REGISTER- Any law enforcement officer whom shall fail to
keep the registration information required by this section complete and
current shall be deemed to have been personally served any legal process
if that process shall have been served upon the Attorney General of the
State of Oklahoma. However, nothing in this act authorizes the Attorney
General of the state of Oklahoma to represent any Law Enforcement
Officer in a court of law, unless provision for such representation is
otherwise made by applicable law.

Oklahoma Constitutional Initiative Petition Page 3 of 7

(d) MANDATORY DEFAULT JUDGMENT- The court shall enter default judgment
against any law enforcement officer whom shall fail to answer any civil
summons and complaint by reason of the Attorney General of the state of
Oklahoma having had been served as provided in subsection (c) of this
section. A Default judgment entered under this subsection shall
constitute a procedural default to any appeal or collateral attack upon
the underlying civil action, and shall not be subject to judicial review
except for good cause shown.

5. LIMITATIONS ON QUALIFIED IMMUNITY, PENALTIES-

(a)LIMITATIONS- Notwithstanding any other law to the contrary, A law

enforcement officer shall not be entitled to claim qualified immunity
more than once in any five-year period, or more than three times in
any twenty-five year period.

(b) ADMINISTRATIVE PROVISIONS- The Oklahoma State Bureau of

Investigation shall maintain a publicly accessible database, indexed
by the law enforcement officer’s full legal name, and date of birth,
indicating the officer’s qualified immunity status under subsection
(a) of this section.

(c) SUBSTANTIVE PROVISION- Any law enforcement officer that claims

qualified immunity in any state or federal civil proceeding shall
certify to the Oklahoma State Bureau of Investigation that they have
claimed qualified immunity in a civil action.

(d) PENALTY - Any law enforcement officer who fails to comply with
subsection (c) of this section within ten days of filing any pleading
claiming qualified immunity, commits a misdemeanor punishable by two
years imprisonment, except that second or subsequent failure under
this subsection shall constitute a felony punishable by no less than
two and no more than ten years imprisonment.

Oklahoma Constitutional Initiative Petition Page 4 of 7

(e)STRICT LIABILITY OFFENSE- An offense under subsection (d) of this
section shall be a strict-liability offense, wherein intent shall not
be a required element to obtain a criminal conviction for the same.

(f) EVIDENTIARY STANDARDS- Notwithstanding any other law to the

contrary, A non-certified printout of the database provided for in
subsection (b) of this section shall constitute prima-facie evidence
of a law enforcement officer’s qualified immunity status under this
section, except that a law enforcement officer may demand that a
certified copy of such record be entered into the record of official
proceedings.

6. ACCIDENTAL DEATH IN CUSTODY-

(a) SUBSTNATIVE PROVISIONS- Any law enforcement officer whom

knowingly engages in any use of force against any person and
causes the death of the person while the person is in the law
enforcement officer’s official custody, commits a felony.
(b) PENALTY An offense under subsection (a) above is punishable by
no less than two years imprisonment and no more than ten years
imprisonment.
(c) STRICT LIABILITY OFFENSE- It is not a defense under this
section that the law enforcement Officer did not intend to
cause the death of the victim.

7. SELF DEFENSE AGAINST LAW ENFORCEMENT OFFICERS-

(a) SUBSTANTIVE PROVISIONS- Notwithstanding any other law to the

contrary, it shall be an implicit element with respect to any
crime against the person of a law enforcement officer acting in
official duty, that the law enforcement officer did not deploy
excessive force, or otherwise deploy unlawful force.

Oklahoma Constitutional Initiative Petition Page 5 of 7

 (b) NOT AN AFFIRMATIVE DEFENSE- The element imposed by subsection
(a) of this section is not intended to create an affirmative
defense, but is intended to create a complete defense. It shall
be the burden of the government to prove the additional element
imposed by subsection (a) of this section, beyond a reasonable
doubt.

(8) NO PROSECUTORIAL DISCRETION-

(a) SUBSTANTIVE PROVISION FOR STATE PROSECUTING ATTORNEYS- An attorney

for the state shall apply for a warrant for any criminal violation of
this act, and shall otherwise faithfully enforce all provisions of
this act. No Attorney for this state shall have the authority to
enter a nolo prosequi in any court with respect to any violation of
this act, except by reason of lack of probable cause.

(b) OFFENSE- Any attorney for the state of Oklahoma whom fails to comply
with subsection (a) of this section commits a felony.

(c)PENALTIES- An offense under subsection (b) of this section is

publishable by no less than ten years imprisonment and no more than
twenty years imprisonment. Additionally, An attorney for the state
whom violates subsection (c) of this section shall be disqualified
from holding any public office of this state for life, and shall be
disqualified from the practice of law for life.

(d)SUBSTANTIVE PROVISIONS- OKLAHOMA ATTORNEY GENERAL- The Attorney

General of the State of Oklahoma shall have the authority to enforce
this act via both criminal and civil action.

Oklahoma Constitutional Initiative Petition Page 6 of 7

(e) PENALTY- Any Attorney General of the State of Oklahoma whom shall
willfully refuse to faithfully enforce any provision of this act
commits a felony punishable by no less than two years imprisonment
and no more than ten years imprisonment shall be disqualified from
holding any public office of this state for life.

Oklahoma Constitutional Initiative Petition Page 7 of 7