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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1788 By: Deevers
AS INTRODUCED
An Act relating to law enforcement; defining terms;
requiring certain record; requiring certain
verification procedure and documentation; requiring
certain audit; establishing audit criteria; requiring
the Department of Public Safety to take certain
actions; authorizing promulgation of rules; providing
penalties; authorizing referral to the Attorney
General; construing provision; providing for
codification; 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 212 of Title 22, unless there is
created a duplication in numbering, reads as follows:
A. As provided for in this section:
1. “Law enforcement agency” means any county sheriff’s office,
municipal police department, or other public entity in this state
responsible for booking offenders into custody and maintaining
related databases, including, but not limited to, jail management
systems;
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2. “Booking process” means the procedure for recording
information about an arrested individual, including photographs,
personal details, and demographic data such as race;
3. “Database” means any electronic system or repository used by
a law enforcement agency to store, manage, or share booking
information, including public-facing websites or integrated state or
federal systems;
4. “Race” means the racial category of an individual as
indicated on government-issued identification, birth certificate
data, or determined based on observable physical characteristics in
accordance with standard classification guidelines established by
the Department of Public Safety; and
5. “Misidentified race” means an entry in a database where the
recorded race does not match the race indicated on presented
government-issued identification, birth certificate data, or evident
observable physical characteristics, as determined through audit or
review.
B. During the booking process, every law enforcement agency
shall:
1. Require the arresting or booking officer to record the
offender’s race based on:
a. the race listed on any government-issued
identification presented by the offender, such as a
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driver license, passport, or state identification
card,
b. birth certificate data, if available and presented, or
c. observable physical characteristics, in the absence of
official documentation;
2. Implement a double-verification procedure, whereby a second
certified peace officer or supervisory personnel reviews and
confirms the accuracy of the recorded race before submission to any
database. This verification shall include a comparison with the
offender’s booking photograph, any presented government-issued
identification or birth certificate data, and observable physical
characteristics; and
3. Document the verification in the booking record, including
the names or identifiers of the officers involved and the basis for
the race determination (e.g., government-issued ID, observable
characteristics).
C. Each law enforcement agency shall conduct annual audits of
its databases to identify and correct misidentified races. The
audit shall:
1. Review a representative sample of at least ten percent (10%)
of booking records from the previous year, selected randomly or
based on risk factors identified by the agency;
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2. Compare recorded races against booking photographs, any
available government-issued identification or birth certificate data
on file, and observable physical characteristics;
3. Correct any identified inaccuracies within thirty (30) days
of discovery and maintain records of such corrections; and
4. Submit a summary report of the audit findings, including the
number of misidentifications found and corrected, to the Department
of Public Safety by January 31 of each year.
D. The Department of Public Safety shall:
1. Establish uniform guidelines for racial classification based
on government-issued identification, birth certificate data, and
observable physical characteristics to ensure consistency across
agencies;
2. Provide training resources to law enforcement agencies on
accurate racial determination and verification procedures; and
3. Promulgate rules as necessary to implement this section,
including standardized audit procedures and reporting forms.
E. 1. Any law enforcement agency found to be in consistent
violation of subsections B or C of this section, as determined by
the Department of Public Safety after investigation, shall be
subject to:
a. a civil penalty of up to One Thousand Dollars
($1,000.00) per uncorrected misidentification
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discovered during state review, not to exceed Fifty
Thousand Dollars ($50,000.00) per audit cycle, and
b. potential withholding of state-appropriated funds,
including grants or reimbursements for law enforcement
programs, until compliance is achieved.
2. Any employee of a law enforcement agency who purposefully or
repeatedly enters incorrect racial data, as determined through
internal investigation or audit, shall be subject to disciplinary
action, up to and including termination of employment. Repeated
violations shall be defined as three or more instances within a
twelve-month period.
3. Willful violations involving falsification of records may be
referred to the Attorney General for further action under applicable
laws.
F. Nothing in this section shall be construed to create a
private right of action or to affect the admissibility of evidence
in criminal proceedings.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or 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.
60-2-3440 CN 1/14/2026 6:12:09 PM