ENGROSSED HOUSE
BILL NO. 2959	By:	Billy, Christian, Kirby, Denney and Roan of the House

			    and

		Paddack of the Senate

An Act relating to crimes and punishments; amending 21 O.S. 2011, Sections 99 and 99a, which relate to definition and powers of peace officers; modifying definition of peace officer; providing scope of powers for tribal law enforcement officers; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 99, is amended to read as follows:
Section 99.  The term "peace officer" means any sheriff, police officer, federal law enforcement officer, tribal law enforcement officer, or any other law enforcement officer whose duty it is to enforce and preserve the public peace.
Every United States Marshal, Marshals Service deputy or other federal law enforcement officer who is employed full-time as a law enforcement officer by the federal government, who is authorized by federal law to conduct any investigation of, and make any arrest for, any offense in violation of federal law shall have the same authority, and be empowered to act, as peace officers within the State of Oklahoma in rendering assistance to any law enforcement officer in an emergency, or at the request of any officer, and to arrest any person committing any offense in violation of the laws of this state.
SECTION 2.     AMENDATORY     21 O.S. 2011, Section 99a, is amended to read as follows:
Section 99a.  A.  Subject to subparagraph subsection C of this section in addition to any other powers vested by law, a peace officer of the State of Oklahoma as used in this section may enforce the criminal laws of this state throughout the territorial bounds of this state, under the following circumstances:
1.  In response to an emergency involving an immediate threat to human life or property;
2.  Upon the prior consent of the head of a state law enforcement agency, the sheriff or the chief of police in whose investigatory or territorial jurisdiction the exercise of the powers occurs;
3.  In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of investigatory or territorial jurisdiction;
4.  In response to the request for assistance by a peace officer with investigatory or territorial jurisdiction; or
5.  While the officer is transporting a prisoner.
B.  While serving as peace officers of the State of Oklahoma and rendering assistance under the circumstances enumerated above, peace officers shall have the same powers and duties as though employed by and shall be deemed to be acting within the scope of authority of the law enforcement agency in whose or under whose investigatory or territorial jurisdiction they are serving.  Salaries, insurance and other benefits shall not be the responsibility of a law enforcement agency that is not the employing agency for the officer.
C.  A municipal peace officer may exercise authority provided by this section only if the officer acts pursuant to policies and procedures adopted by the municipal governing body.
D.  A tribal law enforcement officer of a federally recognized Indian tribe who has been commissioned pursuant to a cross-deputization agreement authorized by Section 1221 of Title 74 of the Oklahoma Statutes and who has been certified by the Council on Law Enforcement Education and Training shall have state police powers limited to tribal Indian land to enforce state laws or municipal ordinances for non-Indian citizens on tribal Indian land. 
SECTION 3.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 5th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate