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An Act
ENROLLED SENATE
BILL NO. 1636 By: Hicks and Goodwin of the
Senate
and
Ford, Fetgatter, and
Stewart of the House
An Act relating to law enforcement; defining terms;
requiring certain review upon certain request;
stating review criteria; clarifying individuals
authorized to make certain review; requiring
confirmation of receipt; prohibiting more than one
review at given time; stating time frame for which
certain review shall be concluded; authorizing
certain extension of time frame; requiring certain
notice; requiring certain coordination; requiring
certain consultation and meeting; stating time frame
for which additional review is prohibited; construing
provision; providing for codification; and providing
an effective date.
SUBJECT: Law enforcement case review
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 146 of Title 21, unless there is
created a duplication in numbering, reads as follows:
A. For the purposes of this section:
1. “Case file review” means a review of all information,
evidence, records, testimonies, and other pertinent information
regarding a cold case;
ENR. S. B. NO. 1636 Page 2
2. “Cold case” means a case of violent crime, as provided for
in Section 571 of Title 57 of the Oklahoma Statutes, for which all
probative investigative leads have been exhausted and for which no
likely perpetrator has been identified;
3. “Designated person” means an immediate family member or
similar individual as determined by the law enforcement agency
reviewing a case file;
4. “Immediate family member” means the spouse, a child by birth
or adoption, a stepchild, a parent by birth or adoption, a
stepparent, a grandparent, a grandchild, a sibling, or a stepsibling
of a victim;
5. “Law enforcement agency” means any department or agency of
the state, a county, a municipality, or a political subdivision
thereof, with the duties to maintain public order, make arrests, and
enforce the criminal laws of this state or municipal ordinances and
that employs personnel certified by the Council on Law Enforcement
Education and Training; and
6. “Victim” means the victim of a violent crime.
B. 1. A law enforcement agency shall review the case file
regarding a cold case upon written application by a designated
person to determine if further investigation would result in
probative investigative leads.
2. The case file review shall include, but not be limited to:
a. an analysis of the investigative steps or follow-up
steps that may contribute to the initial
investigation,
b. an assessment of whether witnesses should be
interviewed or reinterviewed,
c. a review of physical evidence to determine if all
appropriate forensic testing and analyses were
performed in the first instance or if additional
testing might produce information relevant to the
investigation, and
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d. a modernization of the file to raise it to current
investigative standards to the extent that it would
develop probative leads.
3. The person or persons employed by a law enforcement agency
and performing the case file review shall not have previously
investigated the cold case being reviewed.
4. The law enforcement agency shall confirm receipt of the
request for a case file review in writing within thirty (30) days of
receipt of the application pursuant to paragraph 1 of this
subsection.
5. Only one case file review shall be undertaken at a time with
respect to the same victim.
6. a. The law enforcement agency reviewing a cold case
shall, within six (6) months of receiving an
application for a case file review, reach a conclusion
about whether further investigation is warranted
pursuant to paragraph 1 of this subsection.
b. The law enforcement agency shall be authorized to
extend the time requirement pursuant to subparagraph a
of this paragraph for a period of up to six (6) months
at a time if the law enforcement agency determines
that the number of case files to be reviewed would
make it impracticable to comply with the provisions of
this subsection. The law enforcement agency shall
provide written notice and an explanation of the
reasoning for extending the time frame for conclusion
of a case file review to the designated person who
made the written application pursuant to paragraph 1
of this subsection.
C. If there is more than one law enforcement agency that would
be subject to reviewing the same cold case, the law enforcement
agencies shall jointly coordinate the case file review.
D. 1. The law enforcement agency shall consult with the
designated person who filed a written application pursuant to
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paragraph 1 of subsection B of this section and provide the
designated person with periodic updates during the case file review.
2. The law enforcement agency shall meet with the designated
person and discuss the findings to explain the decision whether to
engage in further investigation.
E. 1. If a case file review is completed and the law
enforcement agency concludes that further investigation is not
warranted, no additional review shall be taken for the same cold
case for at least five (5) years, unless new evidence that is
materially significant is discovered.
2. If a suspect is not identified after further investigation,
no additional case file review or further investigation shall be
undertaken for the same cold case for at least five (5) years.
F. The provisions of this section shall not be construed to
interfere with the ability of law enforcement to conduct further
investigation.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________