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Religion & Law

: Religion Clause

Oklahoma Senate Passes Bill Rejecting Cooperation With Feds On Intimidation Investigations

By Howard M. Friedman

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The Oklahoma state Senate earlier this week passed by a vote of 39-6 Senate Bill 1965 [Word doc.] which is designed to prevent Oklahoma law enforcement officials from cooperating with federal agencies that attempt to prosecute individuals under 18 USC Sec. 245 when the state has investigated the crime but has not prosecuted, or has not obtained a conviction under state's intimidation and harassment law. Sec. 245 outlaws intimidation of a person engaged in federally protected activities because of race, religion or national origin. Both a press release from Oklahoma state Sen. Steve Russell and an article Friday in The Edge says that the bill is designed to prevent cooperation with federal prosecutions under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. However that law is codified as 18 USC 249. The provisions passed by the state Senate and sent on the the House on March 10 provide:

law enforcement agencies shall deny access to law enforcement records to any federal agency when such request is made relating to a case handled and completed by a law enforcement agency of this state and the purpose is to attempt to investigate or prosecute the individual or individuals pursuant to 18 U.S.C. Section 245, except for records of any individuals convicted pursuant to Section 850 of Title 21 of the Oklahoma Statutes and for those records listed in subsection A of this section....
[State law enforcement officials] shall keep their litigation files and investigatory reports confidential upon request of any federal agency when such request is made for the purpose of an attempt to investigate or prosecute an individual or individuals pursuant to 18 U.S.C. Section 245, except for those records of any individuals convicted pursuant to Section 850 of Title 21 of the Oklahoma Statutes.

Full post as published by Religion Clause on March 13, 2010 (boomark / email).