Oklahoma legislation · 2026 Regular Session
Oklahoma SB2035: Torts; prohibiting the assertion of qualified immunity as a defense to liability. Effective date.
Status: In committee, February 3, 2026
What the bill says
An Act relating to torts; stating liability of peace officers for injuries related to the deprivation of certain rights; making statutory immunities and limitations on liability inapplicable to claims brought by plaintiffs; prohibiting the assertion of qualified immunity as a defense to liability; providing for the award of reasonable attorney fees and costs; directing employers to indemnify peace officers under certain circumstances; prohibiting indemnification of peace officers under certain circumstances; providing for codification; and providing an effective date.
From the introduced text, January 15, 2026:
An Act relating to torts; stating liability of peace officers for injuries related to the deprivation of certain rights; making statutory immunities and limitations on liability inapplicable to claims brought by plaintiffs; prohibiting the assertion of qualified immunity as a defense to liability; providing for the award of reasonable attorney fees and costs; directing employers to indemnify peace officers under certain circumstances; prohibiting indemnification of peace officers under certain circumstances; providing for codification; and providing an effective date. SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 121 of Title 76, unless there is created a duplication in numbering, reads as follows: A. A peace officer, as defined in Section 99 of Title 21 of the Oklahoma Statutes, employed by the state or any political subdivision of this state who, under color of law, subjects or causes to be subjected, including by failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the Bill of Req. No. 3025 Page 1 Rights, Article II of the Oklahoma Constitution, shall be liable to the injured party for legal or equitable relief or any other appropriate relief. B. Statutory immunities and statutory limitations on liability, damages, or attorney fees shall not apply …