STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1253	By:	Rousselot

AS INTRODUCED

An Act relating to state government; recognizing the status of certain Indian Tribes; stating certain goal; granting tribal legislators immunity from certain arrests during certain times; granting immunity from arrest and questioning for certain speech and debate; applying certain exemptions to certain state law enforcement entities; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1225.1 of Title 74, unless there is created a duplication in numbering, reads as follows:
A.  The State of Oklahoma recognizes the unique status of Indian Tribes within the federal government and shall work in a spirit of cooperation with all federally recognized Indian Tribes for the benefit of both the State of Oklahoma and Tribal Governments.  
B.  In furtherance of the goal of cooperation as stated in subsection A of this section, it is declared that any person who is a member of the legislative body of a tribal government of a federally recognized Indian Tribe in Oklahoma shall, except for treason, felony, or breach of the peace, be granted immunity from arrest during the time that the tribal legislative body in which the person serves is in session and in going to or coming from a session of the tribal legislature.  The person shall also be granted immunity from arrest or questioning in any other place for any speech or debate entered into during a tribal legislative session.
C.  The exemptions from arrest and questioning as set forth in this section shall apply to an arrest or questioning by any state law enforcement agency or entity or any employee of a state law enforcement agency or entity.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-5109	KB	01/09/11