Saturday, August 17, 2019

 RacismLogo02

Vernellia Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

Article Index

Oklahoma

OKLAHOMA STATUTES ANNOTATED   TITLE 22. CRIMINAL PROCEDURE   CHAPTER 2. PREVENTION OF PUBLIC OFFENSES   GENERAL PROVISIONS   § 34.5. Human Rights Commission to establish procedures for filing racial profiling complaint


§ 34.5. Human Rights Commission to establish procedures for filing racial profiling complaint--Report

A. The Oklahoma Human Rights Commission shall promulgate rules establishing procedures for filing a racial profiling complaint with the Oklahoma Human Rights Commission and the district attorney and the process for delivering a copy of the complaint by the Commission to the employing agency. The Commission, in consultation with the Governor's Cabinet Secretary for Safety and Security, shall promulgate forms for complaints of racial profiling.

B. The Commission shall compile an annual report of all complaints received for racial profiling and submit the report on or before January 31 of each year to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
22 Okl.St.Ann. § 34.4   OKLAHOMA STATUTES ANNOTATED   TITLE 22. CRIMINAL PROCEDURE   CHAPTER 2. PREVENTION OF PUBLIC OFFENSES   GENERAL PROVISIONS   § 34.4. Stop or arrest resulting from racial profiling


Whenever a person who is stopped or arrested believes the stop or arrest was in violation of Section 1 of this act,  [FN1] that person may file a complaint with the Oklahoma Human Rights Commission and may also file a complaint with the district attorney for the county in which the stop or arrest occurred.  A copy of the complaint shall be forwarded to the arresting officer's employer by the Commission.  The employer shall investigate the complaint for purposes of disciplinary action and/or criminal prosecution.


OKLAHOMA STATUTES ANNOTATED   TITLE 22. CRIMINAL PROCEDURE   CHAPTER 2. PREVENTION OF PUBLIC OFFENSES   GENERAL PROVISIONS   § 34.3. Racial profiling prohibited


§ 34.3. Racial profiling prohibited

A. For the purposes of this section, "racial profiling" means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual.

B. No officer of any municipal, county or state law enforcement agency shall engage in racial profiling.

C. The race or ethnicity of an individual shall not be the sole factor in determining the existence of probable cause to take into custody or to arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle.

D. A violation of this section shall be a misdemeanor.

E. Every municipal, county, and state law enforcement agency shall adopt a detailed written policy that clearly defines the elements constituting racial profiling. Each agency's policy shall prohibit racial profiling based solely on an individual's race or ethnicity. The policy shall be available for public inspection during normal business hours.

F. If the investigation of a complaint of racial profiling reveals the officer was in direct violation of the law enforcement agency's written policy regarding racial profiling, the employing law enforcement agency shall take appropriate action consistent with applicable laws, rules, ordinances or policy.

  patreonblack01