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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1803 By: Gollihare
AS INTRODUCED
An Act relating to The Governmental Tort Claims Act;
defining terms; requiring the Council on Law
Enforcement Education and Training to establish
certain certification standards; requiring adoption
of written pursuit policies; establishing
requirements for certain policies; requiring Council
to determine number of training hours for certain
purpose; prohibiting liability for certain actions;
providing exceptions; establishing certain rebuttable
presumption; stating evidentiary standard to rebut
certain presumption; requiring law enforcement
agencies to enforce certain policies; requiring
Council to audit certain compliance; construing
provisions; 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 173 of Title 51, unless there is
created a duplication in numbering, reads as follows:
A. For the purposes of this section:
1. “Fleeing suspect” means a person knowingly attempting to
evade lawful detention or arrest;
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2. “Pursuit” means any lawful attempt to apprehend or detain a
fleeing person by any means; and
3. “Pursuit-ready agency” means a law enforcement agency
certified pursuant to this act.
B. The Council on Law Enforcement Education and Training shall
establish certification standards for pursuit-ready agencies.
Certification shall require adoption and enforcement of written
pursuit policies and completion of pursuit-related training
addressing, at a minimum:
1. Pursuit decision-making and risk assessment;
2. Supervisory oversight and authorization;
3. Termination criteria and disengagement procedures;
4. Overall public safety considerations, including traffic,
environment, and third-party risk;
5. Tactical intervention options designed to safely resolve
pursuits and reduce risk and liability; and
6. Post-pursuit review and corrective action processes.
The Council shall determine the minimum number of training hours
and may update standards as necessary.
C. 1. Pursuit decisions constitute discretionary acts within
the course and scope of employment under The Governmental Tort
Claims Act. No officer or agency shall be liable for injury or
damage arising from a lawful pursuit absent clear and convincing
evidence of intentional or criminal misconduct.
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2. In any civil action arising from or related to a lawful
pursuit, the actions of the fleeing suspect shall be presumed to be
the proximate cause of any injury, death, or property damage
occurring during the pursuit. Such presumption may be rebutted only
upon proof, by clear and convincing evidence, that the officer
engaged in intentional or criminal misconduct. The burden of
rebutting this presumption rests with the claimant.
D. Law enforcement agencies shall enforce pursuit policies.
The Council may audit compliance and impose graduated administrative
sanctions for material noncompliance. Substantial compliance with
policy and training standards shall be deemed compliance. No
officer shall be disciplined solely for good-faith lawful
enforcement activity or pursuit conduct, while intentional
misconduct, criminal acts, dishonesty, or documented material policy
violations remain subject to discipline.
E. Nothing in this section shall be construed to create new
penalties or to limit the authority of courts to impose sanctions
otherwise authorized by law.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2813 TEK 1/14/2026 8:58:41 PM