STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 932	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to congressional and legislative districts; prohibiting certain incarcerated individuals from being included in certain counts used for the purpose of creating certain congressional and legislative redistricting plans; requiring certain incarcerated individuals to be counted at their last known residence before incarceration; requiring the Department to collect certain data at the time of incarceration; requiring the Department of Corrections to collaborate with certain groups for certain purpose; providing for codification; providing for noncodification; 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 5.1a of Title 14, unless there is created a duplication in numbering, reads as follows:
The population count used after each decennial census for the purpose of creating the redistricting plans for the Oklahoma Congressional Districts:
1.  May not include an individual who:
a.	was incarcerated in a state or federal correctional facility, as determined by the decennial census, and
b.	was not a resident of the state before such person’s incarceration; and
2.  Shall count an individual incarcerated in a state or federal correctional facility, as determined by the decennial census, at such person’s last known residence before incarceration if the individual was a resident of this state.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 80.30a of Title 14, unless there is created a duplication in numbering, reads as follows:
The population count used after each decennial census for the purpose of creating the legislative redistricting plans for the Oklahoma State Senate:
1.  May not include an individual who:
a.	was incarcerated in a state or federal correctional facility, as determined by the decennial census, and
b.	was not a resident of the state before such person’s incarceration; and
2.  Shall count an individual incarcerated in a state or federal correctional facility, as determined by the decennial census, at such person’s last known residence before incarceration if the individual was a resident of this state.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 127a of Title 14, unless there is created a duplication in numbering, reads as follows:
The population count used after each decennial census for the purpose of creating the legislative redistricting plans for the Oklahoma House of Representatives:
1.  May not include an individual who:
a.	was incarcerated in a state or federal correctional facility, as determined by the decennial census, and
b.	was not a resident of the state before such person’s incarceration; and
2.  Shall count an individual incarcerated in a state or federal correctional facility, as determined by the decennial census, at such person’s last known residence before incarceration if the individual was a resident of this state.
SECTION 4.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Department of Corrections shall collect data at the time of incarceration relating to an offender’s last known address.
B.  The Department shall collaborate with families of incarcerated people, other state and federal entities, interested parties, and other states to determine a method and cost for achieving the intent and provisions of this act.
SECTION 5.  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.

53-1-417	LKS	1/20/2011 5:25:57 PM