ENGROSSED SENATE
BILL NO. 2041 	By:	Sykes of the Senate

			and

		Johnson of the House

[ crimes and punishments - prisoners - pay costs - medical care -		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2001, Section 533, as last amended by Section 1, Chapter 470, O.S.L. 2005 (21 O.S. Supp. 2009, Section 533), is amended to read as follows:
Section 533.  A.  Except as provided in this section and Section 979a of Title 22 of the Oklahoma Statutes, for emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, any peace officer or jail or prison contractor who, in violation of a duty imposed upon the officer or contractor by law or by contract to receive into custody any person as a prisoner, willfully neglects or refuses so to receive such person into custody is guilty of a misdemeanor.
B.  Except as provided in this section and Section 979a of Title 22 of the Oklahoma Statutes, for emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, any peace officer or jail or prison contractor who, in violation of a duty imposed upon the officer or contractor by law or by contract to fingerprint any person received into custody as a prisoner, willfully neglects or refuses so to fingerprint such person is guilty of a misdemeanor.
C.  Any person coming into contact with a peace officer prior to being actually received into custody at a jail facility or holding facility, including, but not limited to, during the time of any arrest, detention, transportation, investigation of any incident, accident or crime, who needs emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, shall be taken directly to a medical facility or hospital for such emergency medical care notwithstanding any duty imposed pursuant to this section or any other provision of law to first take such person into custody or to fingerprint such person.  The responsibility for payment of such emergency medical costs shall be the sole responsibility of the person coming into the officer’s contact and shall not be the responsibility of any jail, law enforcement agency, jail or prison contractor, sheriff, peace officer, municipality or county, except when the condition is a direct result of injury caused by such officer acting outside the scope of lawful authority.
D.  Any person who intentionally injures himself or herself after being actually received into custody at a jail or holding facility, whether an arrestee or not, shall pay for the costs associated with any emergency medical care that such injury requires.  The responsibility for payment for emergency medical costs as a result of such injury shall be the sole responsibility of the person and shall not be the responsibility of any jail, law enforcement agency, jail or prison contractor, sheriff, peace officer, municipality or county.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the Senate the 3rd day of March, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2010.

	
Presiding Officer	of the House
	of Representatives