1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3146 By: Humphrey
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; creating the
7 Freedom from Unwarranted Surveillance Act; defining
8 terms; prohibiting certain agencies and persons from
8 using drones to gather evidence or record images;
9 providing presumption of privacy on privately owned
9 property; listing exceptions to certain prohibited
10 conduct; stating remedies for violations; making
10 certain evidence inadmissible in criminal
11 prosecutions; providing for codification; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 2021 of Title 22, unless there
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17 is created a duplication in numbering, reads as follows:
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18 This act shall be known and may be cited as the "Freedom from
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19 Unwarranted Surveillance Act".
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20 SECTION 2. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 2022 of Title 22, unless there
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22 is created a duplication in numbering, reads as follows:
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23 As used in this act:
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24 1. "Drone" means a powered, aerial vehicle that:
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 1 a. does not carry a human operator,
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2 b. uses aerodynamic forces to provide vehicle lift,
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3 c. can fly autonomously or be piloted remotely,
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4 d. can be expendable or recoverable, and
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5 e. can carry a lethal or nonlethal payload.
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6 2. "Image" means a record of thermal, infrared, ultraviolet,
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7 visible light, or other electromagnetic waves, sound waves, odors,
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8 or other physical phenomena which captures conditions existing on or
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9 about real property or an individual located on that property;
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10 3. "Imaging device" means a mechanical, digital, or electronic
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11 viewing device, still camera, camcorder, motion picture camera, or
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12 any other instrument, equipment, or format capable of recording,
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13 storing, or transmitting an image;
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14 4. "Law enforcement agency" means a lawfully established state
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15 or local public agency that is responsible for the prevention and
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16 detection of crime, local government code enforcement, and the
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17 enforcement of penal, traffic, regulatory, game, or controlled
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18 dangerous substances laws;
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19 5. "Political subdivision" means any municipality, city, town,
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20 village, school, or county;
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21 6. "State agency" means any agency, department, board or
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22 commission of the state or any state eleemosynary, educational,
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23 rehabilitative, correctional, or custodial facility; and
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24 7. "Surveillance" means:
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 1 a. with respect to an owner, tenant, occupant, invitee,
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2 or licensee of privately owned real property, the
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3 observation of such persons with sufficient visual
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4 clarity to be able to obtain information about their
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5 identity, habits, conduct, movements, or whereabouts,
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6 or
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7 b. with respect to privately owned real property, the
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8 observation of the physical improvements of such
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9 property with sufficient visual clarity to be able to
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10 determine unique identifying features or its occupancy
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11 by one or more persons.
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12 SECTION 3. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 2023 of Title 22, unless there
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14 is created a duplication in numbering, reads as follows:
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15 A. A law enforcement agency may not use a drone to gather
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16 evidence or other information, except as provided in Section 4 of
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17 this act.
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18 B. A person, a state agency, or a political subdivision may not
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19 use a drone equipped with an imaging device to record an image of
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20 privately owned real property or of the owner, tenant, occupant,
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21 invitee, or licensee of such property with the intent to conduct
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22 surveillance on the individual or property captured in the image in
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23 violation of the reasonable expectation of privacy of such person
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24 without his or her written consent. For purposes of this section, a
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 1 person is presumed to have a reasonable expectation of privacy on
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2 his or her privately owned real property if he or she is not
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3 observable by persons located at ground level in a place where they
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4 have a legal right to be, regardless of whether he or she is
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5 observable from the air with the use of a drone.
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6 SECTION 4. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 2024 of Title 22, unless there
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8 is created a duplication in numbering, reads as follows:
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9 The provisions of this act do not prohibit the use of a drone:
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10 1. To counter a high risk of a terrorist attack by a specific
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11 individual or organization if the United States Secretary of
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12 Homeland Security determines that credible intelligence indicates
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13 that there is such a risk;
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14 2. If the law enforcement agency first obtains a search warrant
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15 signed by a judge authorizing the use of a drone;
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16 3. If the law enforcement agency possesses reasonable suspicion
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17 that, under particular circumstances, swift action is needed to
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18 prevent imminent danger to life or serious damage to property, to
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19 forestall the imminent escape of a suspect or the destruction of
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20 evidence, or to achieve purposes including, but not limited to,
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21 facilitating the search for a missing person. Provided, the head of
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22 the law enforcement agency using the drone for this purpose must
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23 provide written authorization for such use and must maintain a copy
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24 on file at the agency;
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 1 4. To assist a law enforcement agency with traffic management;
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2 provided, however, a law enforcement agency acting under this
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3 paragraph may not issue a traffic infraction citation based on
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4 images or video captured by a drone;
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5 5. To facilitate the collection of evidence by a law
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6 enforcement agency at a crime scene or traffic crash scene;
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7 6. By a state agency or political subdivision for:
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8 a. the assessment of damage due to a flood, a wildfire,
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9 or any other natural disaster that is the subject of a
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10 state of emergency declared by the state or by a
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11 political subdivision, before the expiration of the
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12 emergency declaration, or
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13 b. vegetation or wildlife management on publicly owned
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14 land or water.
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15 7. By certified fire department personnel to perform tasks
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16 within the scope and practice authorized under their certifications;
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17 8. By a person or an entity engaged in a business or profession
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18 licensed by the state, or by an agent, employee, or contractor
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19 thereof, if the drone is used only to perform reasonable tasks
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20 within the scope of practice or activities permitted under the
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21 license of such person or entity. However, this exception does not
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22 apply to a profession in which the authorized scope of practice of
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23 the licensee includes obtaining information about the identity,
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24 habits, conduct, movements, whereabouts, affiliations, associations,
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 1 transactions, reputation, or character of any society, person, or
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2 group of persons;
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3 9. By an employee or a contractor of a property appraiser who
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4 uses a drone solely for the purpose of assessing property for ad
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5 valorem taxation;
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6 10. To capture images by or for an electric, water, or natural
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7 gas utility:
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8 a. for operations and maintenance of utility facilities,
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9 including facilities used in the generation,
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10 transmission, or distribution of electricity, gas, or
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11 water, for the purpose of maintaining utility system
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12 reliability and integrity,
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13 b. for inspecting utility facilities, including
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14 pipelines, to determine construction, repair,
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15 maintenance, or replacement needs before, during, and
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16 after construction of such facilities,
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17 c. for assessing vegetation growth for the purpose of
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18 maintaining clearances on utility rights-of-way,
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19 d. for utility routing, siting, and permitting for the
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20 purpose of constructing utility facilities or
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21 providing utility services, or
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22 e. for conducting environmental monitoring, as provided
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23 by federal, state, or local law, rule, or permit.
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 1 11. For aerial mapping, if the person or entity using a drone
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2 for this purpose is operating in compliance with Federal Aviation
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3 Administration regulations;
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4 12. To deliver cargo, if the person or entity using a drone for
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5 this purpose is operating in compliance with Federal Aviation
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6 Administration regulations;
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7 13. To capture images necessary for the safe operation or
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8 navigation of a drone that is being used for a purpose allowed under
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9 federal or Oklahoma law;
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10 14. By a communications service provider or a contractor for a
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11 communications service provider for routing, siting, installation,
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12 maintenance, or inspection of facilities used to provide
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13 communications services;
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14 15. By an employee of the Oklahoma Department of Wildlife
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15 Conservation for the purposes of managing and eradicating invasive
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16 exotic plants or animals on public lands and suppressing and
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17 mitigating wildfire threats; or
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18 16. By a non-law enforcement employee of the Oklahoma
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19 Department of Agriculture, Food, and Forestry for activities for the
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20 purposes of managing and eradicating plant or animal diseases.
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21 SECTION 5. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 2025 of Title 22, unless there
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23 is created a duplication in numbering, reads as follows:
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 1 A. An aggrieved party may initiate a civil action against a law
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2 enforcement agency to obtain all appropriate relief in order to
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3 prevent or remedy a violation of this act.
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4 B. The owner, tenant, occupant, invitee, or licensee of
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5 privately owned real property may initiate a civil action for
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6 compensatory damages for violations of this act and may seek
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7 injunctive relief to prevent future violations of this act against a
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8 person, state agency, or political subdivision that violates the
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9 provisions of subsection B of Section 3 of this act. In such
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10 action, the prevailing party is entitled to recover reasonable
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11 attorney fees from the non-prevailing party based on the actual and
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12 reasonable time expended by his or her attorney billed at an
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13 appropriate hourly rate and, in cases in which the payment of such a
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14 fee is contingent on the outcome, without a multiplier, unless the
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15 action is tried to verdict, in which case a multiplier of up to
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16 twice the actual value of the time expended may be awarded in the
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17 discretion of the trial court.
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18 C. Punitive damages for a violation of subsection B of Section
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19 3 of this act may be sought against a person subject to other
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20 requirements and limitations of law.
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21 D. The remedies provided for a violation of subsection B of
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22 Section 3 of this act are cumulative to other existing remedies.
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 1 SECTION 6. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 2026 of Title 22, unless there
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3 is created a duplication in numbering, reads as follows:
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4 Evidence obtained or collected in violation of the provisions of
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5 this act shall not be admissible as evidence in a criminal
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6 prosecution in any court of law in this state.
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7 SECTION 7. This act shall become effective November 1, 2024.
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9 59-2-8558 GRS 12/31/23
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