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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1913 By: Alonso-Sandoval
AS INTRODUCED
An Act relating to criminal procedure; defining
terms; prohibiting government entities from seeking
and courts from issuing reverse-location or reverse-
keyword court orders; making records or information
from reverse-location or reverse-keyword requests
inadmissible in proceedings; providing an exception;
requiring notification of violations; allowing
aggrieved persons to institute civil actions;
establishing requirements for assessing punitive
damages; authorizing the award of court costs and
reasonable attorney fees; providing for codification;
and providing an effective date.
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 1242 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. For the purposes of this section:
1. "Government entity" means any department, agency, or
political subdivision of this state or any individual acting for or
on behalf of the state or a political subdivision;
2. "Reverse-keyword court order" means any court order,
including a search warrant, or subpoena compelling the disclosure of
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records or information identifying any person who electronically
searched for a particular word, phrase, or website, or who visited a
particular website through a link generated by such a search,
regardless of whether or not the order is limited to a specific
geographic area or time frame;
3. "Reverse-keyword request" means any request, in the absence
of a court order, by any government entity for the voluntary
provision of records or information identifying any person who
electronically searched for a particular word, phrase, or website,
or who visited a particular website through a link generated by such
a search, regardless of whether the request is limited to a specific
geographic area or time frame. Such requests shall include offers
to purchase such records or information;
4. "Reverse-location court order" means any court order,
including a search warrant, or subpoena compelling the disclosure of
records or information pertaining to the location of unspecified
electronic devices or the unnamed users or owners of such devices,
for which the scope extends to an unknown number of electronic
devices present in a given geographic area at a given time, whether
such location is measured via Global Positioning System (GPS)
coordinates, cell tower connectivity, Wi-Fi positioning, or any
other form of location detection; and
5. "Reverse-location request" means any request, in the absence
of a court order, by any government entity for the voluntary
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provision of records or information pertaining to the location of
unspecified electronic devices or the unnamed users or owners of
such devices, for which the scope extends to an unknown number of
electronic devices present in a given geographic area at a given
time, whether such location is measured via Global Positioning
System (GPS) coordinates, cell tower connectivity, Wi-Fi
positioning, or any other form of location detection. Such requests
shall include offers to purchase such records or information.
B. 1. No government entity shall seek a reverse-location court
order or a reverse-keyword court order from any court.
2. No government entity shall seek, secure, obtain, borrow,
purchase, or review any information or data obtained through a
reverse-location court order or a reverse-keyword court order.
3. No court subject to the laws of this state shall issue a
reverse-location court order or a reverse-keyword court order.
4. No person or entity in this state as a result of any law,
regulation, or agreement adopted by this state or any political
subdivision shall be obligated to comply with a reverse-location
court order or a reverse-keyword court order issued by this state, a
political subdivision of this state, any other state, or a political
subdivision of any other state.
5. No court or political subdivision of this state shall
support, assist, or enforce a reverse-location court order or a
reverse-keyword court order issued by this state or a political
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subdivision of this state, any other state, or a political
subdivision of any other state.
C. 1. No government entity shall make a reverse-location
request or a reverse-keyword request.
2. No government entity shall seek, secure, obtain, borrow,
purchase, or review any information or data obtained through a
reverse-location request or a reverse-keyword request.
3. No government entity shall seek the assistance of any
political subdivision of the federal government or any other state
in obtaining information or data from a reverse-location court
order, reverse-keyword court order, reverse-location request, or
reverse-keyword request if the government entity would be barred
from directly seeking such information under the provisions of this
section.
D. 1. Except as proof of a violation of this section, no
record or information obtained, accessed, or otherwise secured in
violation of this section, nor evidence derived from such record or
information, shall be admissible in any criminal, civil, or
administrative proceeding, or any other type of proceeding.
2. For the purposes of this section, a record, information, or
evidence is derived from a reverse-location court order, reverse-
keyword court order, reverse-location request, or reverse-keyword
request when the government entity would not have originally
possessed the information or evidence but for the violative court
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order or request, and regardless of any claim that the record,
information, or evidence is attenuated from the unlawful order or
request, would inevitably have been discovered, or was subsequently
reobtained through other means.
E. 1. Any person whose name or other identifying information
was obtained by a government entity in violation of this section:
a. shall be notified of the violation, in writing, by the
government entity who committed the violation and of
the legal recourse available to that person pursuant
to subparagraph b of paragraph 1 of this subsection
and paragraph 3 of this subsection, and
b. may institute a civil action against such government
entity for any of the following:
(1) One Thousand Dollars ($1,000.00) per violation or
actual damages, whichever is greater,
(2) punitive damages,
(3) injunctive or declaratory relief, or
(4) any other relief the court deems proper.
2. In assessing the amount of punitive damages, the court shall
consider:
a. the number of people whose information was disclosed,
b. whether the violation directly or indirectly targeted
persons engaged in the exercise of activities
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protected by the Constitution of the United States or
the Constitution of Oklahoma, and
c. the persistence of violations by the particular
government entity.
3. In any action brought under this section, the court may
award court costs and reasonable attorney fees to a prevailing
plaintiff.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11173 GRS 12/28/24