HB 1860: Confidential records; requiring certain victim photographs submitted to the Pardon and Parole Board be kept confidential; clemency; Open Records Act; clemency hearing packets; effective date. - Oklahoma

HB1860 (3-17-26) (GOLLIHARE) FS FA1.PDF → HB1860 (3-23-26) (GOLLIHARE) FA2.PDF · 3 edits

MINOR

This bill was amended to rename the legislation to the 'Layla-Dawn Marie Cummings Act' and to specify that the new section should not be codified in the Oklahoma Statutes. The amendment also adds Senate chamber disposition markings and formatting changes to the document header. The core content regarding victim confidentiality for autopsy and crime scene photographs remains unchanged.

Scope change

The bill's scope remains focused on victim confidentiality for autopsy and crime scene photographs, but the codification requirement was removed and the bill was given a specific name.

DEFINITION

Added a specific name for the act: 'Layla-Dawn Marie Cummings Act'

REQUIREMENT

Changed the codification requirement from 'to be codified in the Oklahoma Statutes as Section 142A-15 of Title 21' to 'not to be codified in the Oklahoma Statutes'

TECHNICAL

Added Senate chamber disposition markings and amendment tracking information to the document header

Floor (Senate) → HB1860 (3-17-26) (GOLLIHARE) FS FA1.PDF · 5 edits

MODERATE

This bill was amended to update statutory references from 2024 to 2025, clarify victim confidentiality rights for autopsy and crime scene photos, and strengthen protections by requiring separate clemency hearing packets and allowing the Pardon and Parole Board to seal records. The changes ensure victims' privacy rights are preserved while maintaining transparency in clemency proceedings.

Scope change

The bill's scope was expanded to include autopsy photographs alongside crime scene photographs under confidentiality protections, and the Board's authority to seal records was clarified.

TECHNICAL

Updated legislative session references from 2024 to 2025 and corrected chapter number from 116 to 404 in statutory citations.

SCOPE

Expanded confidentiality protections to explicitly include both autopsy and crime scene photographs for victims and their families.

REQUIREMENT

Added requirement that clemency hearing packets must be submitted separately from other Board materials to protect victim privacy.

ENFORCEMENT

Granted the Pardon and Parole Board authority to seal certain records upon majority vote to further protect confidential information.

DEFINITION

Clarified that victim photographs must be submitted in a separate hearing packet and shall not be made available to the public without victim consent.

Floor (House) → Floor (Senate) · 3 edits

MINOR

The Senate version of HB 1860 reorganized the bill's header and title page, added a new page break, and modified the list of confidential records to include additional categories such as toll collection recordings, tourism facility guest information, and military discharge forms. The core policy regarding victim photograph confidentiality remains unchanged.

Scope change

The bill's substantive scope regarding victim photograph confidentiality is unchanged; however, the list of confidential records under the Open Records Act was expanded to include new categories of protected information.

REQUIREMENT

Added new confidential record categories including digital toll collection recordings, tourism facility guest information, and pre-2002 military discharge forms to the list of records exempt from public disclosure.

TECHNICAL

Reorganized the bill header from 'House Floor Version' to 'Senate Floor Version' and updated page numbering and formatting.

Reordered the list of confidential record categories (items c through l) to improve organization while maintaining the same substantive protections.

Engrossed → Floor (House) · 3 edits

MINOR

The bill text was reformatted from an 'Engrossed' version to a 'Floor (House)' version, with minor wording adjustments to the bill title and introductory text. The substantive policy content regarding victim confidentiality for crime scene and autopsy photographs in clemency hearings remains unchanged.

TECHNICAL

The bill header was updated from 'ENGROSSED HOUSE' to 'HOUSE OF REPRESENTATIVES - FLOOR VERSION' with updated session information for the 2025 Legislature.

Minor wording changes were made to the bill title, replacing 'prescribing right of victims to confidentiality' with 'requiring certain photographs submitted to the Pardon and Parole Board be kept confidential' for clarity.

Page numbering and formatting were adjusted to reflect the floor version of the bill, including the addition of a note indicating that bold face denotes committee amendments.

Introduced → Engrossed · 3 edits · Mar 12, 2025

MINOR

This bill amends the Oklahoma Open Records Act to protect crime scene and autopsy photographs submitted to the Pardon and Parole Board from public access, while also establishing victims' and families' right to confidentiality for these specific records. The change shifts the legal standard from allowing public access to explicitly prohibiting it for these sensitive materials.

Scope change

The bill expands confidentiality protections to include crime scene and autopsy photographs in clemency proceedings, which were not previously covered under the same level of protection as other confidential records.

REQUIREMENT

Added explicit prohibition on public access to crime scene and autopsy photographs submitted to the Pardon and Parole Board for clemency hearings.

Added requirement that photographs for clemency hearings must be submitted in a separate hearing packet to maintain confidentiality.

SCOPE

Modified the bill's title and purpose language to reflect the shift from 'prescribing right of victims to confidentiality' to 'prohibiting public access' to these specific photographs.

Confidential records; requiring certain victim photographs submitted to the Pardon and Parole Board be kept confidential; clemency; Open Records Act; clemency hearing packets; effective date.

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