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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1118 By: West (Rick)
AS INTRODUCED
An Act relating to the Council on Law Enforcement
Education and Training; amending 70 O.S. 2011,
Section 3311, as last amended by Section 1, Chapter
245, O.S.L. 2019 (70 O.S. Supp. 2020, Section 3311) ;
removing certain background investigation
requirement; prohibiting the certification or
employment of certain persons; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 3311, as
last amended by Section 1, Chapter 245, O.S.L. 2019 (70 O.S. Supp.
2020, Section 3311), is amended to re ad as follows:
Section 3311. A. There is hereby created a Council on Law
Enforcement Education and Training which shall be, and is hereby
declared to be, a governmental law enforcement agency of the State
of Oklahoma, body politic and corporate, with pow ers of government
and with the authority to exercise the rights, privileges and
functions necessary to ensure the professional training and
continuing education of law enforcement officers in the State of
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Oklahoma. These rights, privileges and functions i nclude, but are
not limited to, those specified in Sections 3311 through 3311.15 of
this title and in the Oklahoma Security Guard and Private
Investigator Act and the Oklahoma Bail Enforcement and Licensing
Act. The Council shall be authorized to require agency employees
and the employees of agency contractors in positions to have access
to Oklahoma Peace Officer records, Oklahoma Security Guard and
Private Investigator records, Oklahoma Bail Enforcement and
Licensing Act records, to be subject to a crimin al history search by
the Oklahoma State Bureau of Investigation, as well as be
fingerprinted for submission of the fingerprints through the
Oklahoma State Bureau of Investigation to the Federal Bureau of
Investigation for a national criminal history check. The Council
shall be the recipient of the results of the record check. In
accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,
this includes a national criminal record with a finger print
analysis. The Council shall be composed of thirte en (13) members as
follows:
1. The Commissioner of the Department of Public Safety, or
designee;
2. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or designee;
3. The Director of the Oklahoma State Bureau of Investig ation,
or designee;
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4. One member appointed by the Governor who shall be a law
enforcement administrator representing a tribal law enforcement
agency;
5. One member appointed by the Governor who shall be a chief of
police of a municipality with a populat ion over one hundred thousand
(100,000), as determined by the latest Federal Decennial Census;
6. One member appointed by the Board of Directors of the
Oklahoma Sheriffs' Association who shall be a sheriff of a county
with a population under twenty -five thousand (25,000), as determined
by the latest Federal Decennial Census;
7. One member appointed by the Oklahoma Association of Police
Chiefs who shall be a chief of police representing a municipality
with a population over ten thousand (10,000), as determ ined by the
latest Federal Decennial Census;
8. One member shall be appointed by the Board of Directors of
the Oklahoma Sheriffs ' Association who shall be a sheriff of a
county with a population of twenty -five thousand (25,000) or more,
as determined by the latest Federal Decennial Census;
9. One member appointed by the Board of Directors of the
Fraternal Order of Police who shall have experience as a training
officer;
10. One member appointed by the Chancellor of Higher Education
who shall be a represen tative of East Central University;
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11. One member appointed by the Board of Directors of the
Oklahoma Sheriffs and Peace Officers Association who shall be a
full-time law enforcement officer in good standing with CLEET within
a county with a population un der fifty thousand (50,000);
12. The President Pro Tempore of the Senate shall appoint one
member from a list of three or more nominees submitted by a
statewide organization representing cities and towns that is exempt
from taxation under federal law and designated pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a);
and
13. The Speaker of the House of Representatives shall appoint
one member from a list of three or more nominees submitted by an
organization that assists in the establishment of accreditation
standards and training programs for law enforcement agencies
throughout the State of Oklahoma.
The Executive Director selected by the Council shall be an ex
officio member of the Council and shall act as Secretary. The
Council on Law Enforcement Education and Training shall select a
chair and vice-chair from among its members. Members of the Council
on Law Enforcement Education and Training shall not receive a salary
for duties performed as members of the Council, but sh all be
reimbursed for their actual and necessary expenses incurred in the
performance of Council duties pursuant to the provisions of the
State Travel Reimbursement Act.
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B. The Council on Law Enforcement Education and Training is
hereby authorized and dir ected to:
1. Appoint a larger Advisory Council to discuss problems and
hear recommendations concerning necessary research, minimum
standards, educational needs, and other matters imperative to
upgrading Oklahoma law enforcement to professional status;
2. Promulgate rules with respect to such matters as
certification, revocation, suspension, withdrawal and reinstatement
of certification, minimum courses of study, testing and test scores,
attendance requirements, equipment and facilities, minimum
qualifications for instructors, minimum standards for basic and
advanced in-service courses, and seminars for Oklahoma police and
peace officers;
3. Authorize research, basic and advanced courses, and seminars
to assist in program planning directly and through subc ommittees;
4. Authorize additional staff and services necessary for
program expansion;
5. Recommend legislation necessary to upgrade Oklahoma law
enforcement to professional status;
6. Establish policies and regulations concerning the number,
geographic and police unit distribution, and admission requirements
of those receiving tuition or scholarship aid available through the
Council. Such waiver of costs shall be limited to duly appointed
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members of legally constituted local, county, and state law
enforcement agencies on the basis of educational and financial need;
7. Appoint an Executive Director and an Assistant Director to
direct the staff, inform the Council of compliance with the
provisions of this section and perform such other duties imposed on
the Council by law. An Executive Director appointed by the Council
must qualify for the position with a bachelor or higher degree in
law enforcement from an accredited college or university, or a
bachelor or higher degree in a law -enforcement-related subject area,
and a minimum of five (5) years of active law enforcement experience
including, but not limited to, responsibility for enforcement,
investigation, administration, training, or curriculum
implementation.
The Executive Director of the Council on La w Enforcement
Education and Training may commission CLEET staff as peace officers
for purposes consistent with the duties of CLEET as set out in state
law. The powers and duties conferred on the Executive Director or
any staff member appointed by the Exec utive Director as a peace
officer shall not limit the powers and duties of other peace
officers of this state or any political subdivision thereof. The
Executive Director or any staff member appointed by the Executive
Director as a peace officer may, upon request, assist any federal,
state, county or municipal law enforcement agency;
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8. Enter into contracts and agreements for the payment of
classroom space, food, and lodging expenses as may be necessary for
law enforcement officers attending any official course of
instruction approved or conducted by the Council. Such expenses may
be paid directly to the contracting agency or business
establishment. The food and lodging expenses for each law
enforcement officer shall not exceed the authorized rates as
provided for in the State Travel Reimbursement Act; provided,
however, the Council may provide food and lodging to law enforcement
officials attending any official course of instruction approved or
conducted by the Council rather than paying for the provisio n of
such food and lodging by an outside contracting agency or business
establishment;
9. a. Certify canine teams, consisting of a dog and a
handler working together as a team, trained to detect:
(1) controlled dangerous substances, or
(2) explosives, explosive materials, explosive
devices, or materials which could be used to
construct an explosive device;
provided, the dog of a certified canine team shall not
be certified at any time as both a drug dog and a bomb
dog, and any dog of a certified canine team who has
been previously certified as either a drug dog or a
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bomb dog shall not be eligible at any time to be
certified in the other category.
b. Upon retiring the dog from the service it was
certified to perform, the law enforcement department
that handled the dog shall retain possession of the
dog. The handler shall have first option of adopting
the dog. If that option is not exercised, the law
enforcement department shall provide for its adoption.
Once adopted the dog shall not be placed back into
active service;
10. Enter into a lease, loan or other agreement with the
Oklahoma Development Finance Authority or a local public trust for
the purpose of facilitating the financing of a new facility for its
operations and use and pledge, to the extent autho rized by law, all
or a portion of its receipts of the assessment penalty herein
referenced for the payment of its obligations under such lease, loan
or other agreement. It is the intent of the Legislature to increase
the assessment penalty to such a level or appropriate sufficient
monies to the Council on Law Enforcement Education and Training to
make payments on the lease, loan or other agreement for the purpose
of retiring the bonds to be issued by the Oklahoma Development
Finance Authority or local publ ic trust. Such lease, loan or other
agreement and the bonds issued to finance such facilities shall not
constitute an indebtedness of the State of Oklahoma or be backed by
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the full faith and credit of the State of Oklahoma, and the lease,
loan or other agreement and the bonds shall contain a statement to
such effect;
11. Accept gifts, bequests, devises, contributions and grants,
public or private, of real or personal property;
12. Appoint an advisory committee composed of representatives
from security guard and private investigative agencies to advise the
Council concerning necessary research, minimum standards for
licensure, education, and other matters related to licensure of
security guards, security guard agencies, private investigators, and
private investigative agencies;
13. Enter into agreements with individuals, educational
institutions, agencies, and business and tribal entities for
professional services, the use of facilities and supplies, and staff
overtime costs incurred as a result of the use r's requests to
schedule functions after -hours, on weekends, or anytime such
requests extend staff beyond its normal capacity, whereby
contracting individuals, educational institutions, agencies, and
business and tribal entities shall pay a fee to be deter mined by the
Council by rule. All fees collected pursuant to facilities usage
shall be deposited to the credit of the C.L.E.E.T. Training Center
Revolving Fund created pursuant to Section 3311.6 of this title.
All other fees collected pursuant to these a greements shall be
deposited to the credit of the Peace Officer Revolving Fund created
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pursuant to Section 3311.7 of this title. The Council is authorized
to promulgate emergency rules to effectuate the provisions of this
paragraph;
14. Promulgate rules to establish a state firearms
requalification standard for active peace officers and meet any
requirements imposed on the Council by the federal Law Enforcement
Officers Safety Act of 2004;
15. Set minimal criteria relating to qualifications for chief
of police administrative training pursuant to Section 34 -102 of
Title 11 of the Oklahoma Statutes, assist in developing a course of
training for a Police Chief Administrative School, and approve all
police chief administrative training offered in this state;
16. Appoint a Curriculum Review Board to be composed of six (6)
members as follows:
a. one member shall be selected by the Chancellor for
Higher Education, who possesses a background of
creation and review of curriculum and experience
teaching criminal ju stice or law enforcement courses,
who shall serve an initial term of one (1) year,
b. one member shall represent a municipal jurisdiction
with a population of fifty thousand (50,000) or more
and who shall be a management -level CLEET-certified
training officer, who shall serve an initial term of
two (2) years,
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c. one member shall represent a county jurisdiction with
a population of fifty thousand (50,000) or more and
who shall be a management -level CLEET-certified
training officer, who shall serve an initial term of
three (3) years,
d. one member shall represent a municipal jurisdiction
with a population of less than fifty thousand (50,000)
and who shall be a CLEET -certified training officer,
who shall serve an initial term of two (2) years,
e. one member shall represent a county jurisdiction with
a population of less than fifty thousand (50,000) and
who shall be a CLEET -certified training officer, who
shall serve an initial term of one (1) year, and
f. one member selected by the Oklahoma Department of
Career and Technology Education from the Curriculum
Material and Instructional Material Center, who shall
serve an initial term of three (3) years.
After the initial terms of office, all members shall be
appointed to serve three -year terms. Any member may be rea ppointed
to serve consecutive terms. Members shall serve without
compensation, but may be reimbursed for travel expenses pursuant to
the State Travel Reimbursement Act. The Board shall review and
establish curriculum for all CLEET academies and training courses
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pursuant to procedures established by the Council on Law Enforcement
Education and Training;
17. Conduct review and verification of any records relating to
the statutory duties of CLEET;
18. Receive requested reports including investigative repor ts,
court documents, statements, or other applicable information from
local, county and state agencies and other agencies for use in
actions where a certification or license issued by CLEET may be
subject to disciplinary or other actions provided by law;
19. Summarily suspend a certification of a peace officer,
without prior notice but otherwise subject to administrative
proceedings, if CLEET finds that the actions of the certified peace
officer may present a danger to the peace officer, the public, a
family or household member, or involve a crime against a minor. A
certified copy of the information or indictment charging such a
crime shall be considered clear and convincing evidence of the
charge; and
20. Approve law enforcement agencies and police depar tments in
accordance with the following:
a. this section applies only to an entity authorized by
statute or by the Constitution to create a law
enforcement agency or police department and
commission, appoint, or employ officers that first
creates or reactivates an inactive law enforcement
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agency or police department and first begins to
commission, appoint, or employ officers on or after
November 1, 2011,
b. the entity shall submit to CLEET, a minimum of sixty
(60) days prior to creation of the law enforceme nt
agency or police department, information regarding:
(1) the need for the law enforcement agency or police
department in the community,
(2) the funding sources for the law enforcement
agency or police department, and proof that no
more than fifty percent (50%) of the funding of
the entity will be derived from ticket revenue or
fines,
(3) the physical resources available to officers,
(4) the physical facilities that the law enforcement
agency or police department will operate,
including descriptions of the evidence room,
dispatch area, restroom facilities, and public
area,
(5) law enforcement policies of the law enforcement
agency or police department, including published
policies on:
(a) use of force,
(b) vehicle pursuit,
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(c) mental health,
(d) professional conduct of officers,
(e) domestic abuse,
(f) response to missing persons,
(g) supervision of part-time officers, and
(h) impartial policing,
(6) the administrative structure of the law
enforcement agency or police department,
(7) liability insurance, and
(8) any other information CLEET requires by rule,
c. within sixty (60) days of receiving an entity 's
request, CLEET will forward to the entity by certified
mail, return receipt requested, a letter of
authorization or denial to create a law enforcement
agency or police department and commission, appoint,
or employ officers, signed by the Executive Director
of CLEET, and
d. in cases of denial, the entity may appeal the decision
of the Executive Director to the full CLEET Council.
The Executive Director shal l ensure that the final
report is provided to all members of the Council. The
Council shall review and make recommendations
concerning the report at the first meeting of the
Council to occur after all members of the Council have
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received the report. The Council may, by majority
vote:
(1) order additional information be provided,
(2) order confirmation of the opinion of the
Executive Director, or
(3) order authorization of the entity.
C. 1. Payment of any fee provided for in this section may be
made by a nationally recognized credit or debit card issued to the
applicant. The Council may publicly post and collect a fee for the
acceptance of the nationally recognized credit or debit card not to
exceed five percent (5%) of the amount of the payment. For pu rposes
of this subsection, "nationally recognized credit card " means any
instrument or device, whether known as a credit card, credit plate,
charge plate, or by any other name, issued with or without fee by an
issuer for the use of the cardholder in obtain ing goods, services,
or anything else of value and which is accepted by over one thousand
merchants in this state. "Debit card" means an identification card
or device issued to a person by a business organization which
permits such person to obtain access to or activate a consumer
banking electronic facility. The Council shall determine which
nationally recognized credit or debit cards will be accepted as
payment for fees.
2. Payment for any fee provided for in this title may be made
by a business check. The Council may:
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a. add an amount equal to the amount of the service
charge incurred, not to exceed three percent (3%) of
the amount of the check as a service charge for the
acceptance and verification of the check, or
b. add an amount of no more than Fi ve Dollars ($5.00) as
a service charge for the acceptance and verification
of a check. For purposes of this subsection,
"business check" shall not mean a money order,
cashier's check, or bank certified check.
D. Failure of the Legislature to appropriate necessary funds to
provide for expenses and operations of the Council on Law
Enforcement Education and Training shall not invalidate other
provisions of this section relating to the creation and duties of
the Council.
E. 1. No person shall be eligible fo r employment as a peace
officer or reserve peace officer until the employing law enforcement
agency has conducted a background investigation of such person
consisting of the following:
a. a fingerprint search submitted to the Oklahoma State
Bureau of Investigation with a return report to the
submitting agency that such person has no felony
record,
b. a fingerprint search submitted to the Federal Bureau
of Investigation with a return report to the
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submitting agency that such person has no felony
record,
c. such person has undergone psychological evaluation by
a psychologist licensed by the State of Oklahoma and
has been evaluated to be suitable to serve as a peace
officer in the State of Oklahoma,
d. the employing agency has verified that such person has
a high school diploma or a GED equivalency certificate
as recognized by state law,
e. such person is not participating in a deferred
sentence agreement for a felony, a crime involving
moral turpitude or a crime of domestic violence, and
does not have any crimi nal charges pending in any
court in this state, another state, in tribal court or
pursuant to the United States Code,
f. such person is not currently subject to an order of
the Council revoking, suspending, or accepting a
voluntary surrender of peace offic er certification,
g. such person is not currently undergoing treatment for
a mental illness, condition or disorder. For purposes
of this subsection, "currently undergoing treatment
for mental illness, condition or disorder " means the
person has been diagn osed by a licensed physician,
psychologist, or licensed mental health professional
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as being afflicted with a substantial disorder of
thought, mood, perception, psychological orientation
or memory that significantly impairs judgment,
behavior, capacity to r ecognize reality, or ability to
meet the ordinary demands of life and such condition
continues to exist,
h. such person is twenty -one (21) years of age.
Provided, this requirement shall not affect those
persons who are already employed as a police or peac e
officer prior to November 1, 1985, and
i. such person has provided proof of United States
citizenship or resident alien status, pursuant to an
employment eligibility verification form from the
United States Citizenship and Immigration Services .
2. To aid the evaluating psychologist in interpreting the test
results, including automated scoring and interpretations, the
employing agency shall provide the psychologist a statement
confirming the identity of the individual taking the test as the
person who is employed or seeking employment as a peace officer of
the agency and attesting that it administered the psychological
instrument in accordance with standards within the test document.
The psychologist shall report to the employing agency the evaluation
of the assessment instrument and may include any additional
recommendations to assist the employing agency in determining
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whether to certify to the Council on Law Enforcement Education and
Training that the person being evaluated is suitable to serve as a
peace officer in the State of Oklahoma. No additional procedures or
requirements shall be imposed for performance of the psychological
evaluation. The psychological instrument utilized shall be
evaluated by a psychologist licensed by the State of Oklahoma, and
the employing agency shall certify to the Council that the
evaluation was conducted in accordance with this provision and that
the employee or applicant is suitable to serve as a peace officer in
the State of Oklahoma.
a. Any person found not to be sui table for employment or
certification by the Council shall not be employed,
retained in employment as a peace officer, or
certified by the Council for at least one (1) year, at
which time the employee or applicant may be
reevaluated by a psychologist licen sed by the State of
Oklahoma. This section shall also be applicable to
all reserve peace officers in the State of Oklahoma.
b. Any person who is certified by CLEET and has undergone
the psychological evaluation required by this
subparagraph and has been f ound to be suitable as a
peace officer shall not be required to be reevaluated
for any subsequent employment as a peace officer
following retirement or any break in service as a
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peace officer, unless such break in service exceeds
five (5) years or the Coun cil determines that a peace
officer may present a danger to himself or herself,
the public, or a family or household member.
c. All persons seeking certification shall have their
name, gender, date of birth, and address of such
person submitted to the Depa rtment of Mental Health
and Substance Abuse Services by the Council. The
Department of Mental Health and Substance Abuse
Services shall respond to the Council within ten (10)
days whether the computerized records of the
Department indicate the applicant h as ever been
involuntarily committed to an Oklahoma state mental
institution. In the event that the Department of
Mental Health and Substance Abuse Services reports to
the Council that the applicant has been involuntarily
committed, the Council shall imme diately inform the
employing agency.
All basic police courses shall include a minimum of four (4)
hours of education and training in recognizing and managing a person
appearing to require mental health treatment or services. The
training shall include tra ining in crime and drug prevention, crisis
intervention, youth and family intervention techniques, recognizing,
investigating and preventing abuse and exploitation of elderly
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persons, mental health issues, and criminal jurisdiction on
Sovereign Indian Land .
Subject to the availability of funding, for full -time salaried
police or peace officers a basic police course academy shall consist
of a minimum of six hundred (600) hours.
For reserve deputies a basic reserve academy shall consist of a
minimum of two hundred forty (240) hours.
3. Beginning January 1, 2018, any reserve peace officer who has
completed the two-hundred-forty-hour reserve peace officer
certification program and who has been in active service in that
capacity for the past six (6) months shall be eligible to attend a
three-hundred-sixty-hour basic full-time training academy to become
certified as a full-time peace or police officer.
4. Every person who has not been certified as a police or peace
officer and is duly appointed or elected as a po lice or peace
officer shall hold such position on a temporary basis only, and
shall, within six (6) months from the date of appointment or taking
office, qualify as required in this subsection or forfeit such
position. In computing the time for qualificat ion, all service
shall be cumulative from date of first appointment or taking office
as a police or peace officer with any department in this state.
a. The Council may extend the time requirement specified
in this paragraph for good cause as determined by the
Council.
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b. A duty is hereby imposed upon the employing agency to
withhold payment of the compensation or wage of such
unqualified officer.
c. If the police or peace officer fails to forfeit the
position or the employing agency fails to require the
officer to forfeit the position, the district attorney
shall file the proper action to cause the forfeiting
of such position. The district court of the county
where the officer is employed shall have jurisdiction
to hear the case.
5. The Council may certify officers who have completed a course
of study in another state deemed by the Council to meet standards
for Oklahoma peace officers providing the officer 's certification in
the other state has not been revoked or voluntarily surrendered and
is not currently under suspension.
6. For purposes of this section, a police or peace officer is
defined as a full-time duly appointed or elected officer who is paid
for working more than twenty -five (25) hours per week and whose
duties are to preserve the public peace, protect life and property,
prevent crime, serve warrants, transport prisoners, and enforce laws
and ordinances of this state, or any political subdivision thereof;
provided, elected sheriffs and their deputies and elected,
appointed, or acting chiefs of p olice shall meet the requirements of
this subsection within the first six (6) months after assuming the
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duties of the office to which they are elected or appointed or for
which they are an acting chief; provided further, that this section
shall not apply to persons designated by the Director of the
Department of Corrections as peace officers pursuant to Section 510
of Title 57 of the Oklahoma Statutes.
F. No person shall be certified as a police or peace officer by
the Council or be employed by the state, a county, a city, or any
political subdivision thereof, who is currently:
1. Is currently subject to an order of the Council revoking,
suspending, or accepting a voluntary surrender of peace officer
certification or who has;
2. Has been convicted of a fe lony, a crime involving moral
turpitude, or a crime of domestic violence, unless a full pardon has
been granted by the proper agency; however, any person who has been
trained and certified by the Council on Law Enforcement Education
and Training and is act ively employed as a full -time peace officer
as of November 1, 1985, shall not be subject to the provisions of
this subsection paragraph for convictions occurring prior to
November 1, 1985; or
3. Is a permanent resident alien; provided, however, any person
who has been trained and certified by the Council on Law Enforcement
Education and Training and is actively employed as a full -time peace
officer as of November 1, 2021, shall not be subject to the
provisions of this paragraph .
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G. 1. The Council is here by authorized to provide to any
employing agency the following information regarding a person who is
or has applied for employment as a police or peace officer of such
employing agency:
a. Oklahoma State Bureau of Investigation and Federal
Bureau of Investigation reports,
b. administration of the psychological tests provided for
herein,
c. performance in the course of study or other basis of
certification,
d. previous certifications issued, and
e. any administrative or judicial determination denying
certification.
2. An employing agency shall not be liable in any action
arising out of the release of contents of personnel information
relevant to the qualifications or ability of a person to perform the
duties of a police or peace officer when such information is
released pursuant to written authorization for release of
information signed by such person and is provided to another
employing agency which has employed or has received an application
for employment from such person.
3. As used in this subsection, "employing agency" means a
political subdivision or law enforcement agency which either has
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employed or received an employment application from a person who, if
employed, would be subject to this section.
H. 1. A law enforcement agency employing police or peace
officers in this state shall report the hiring, resignation, or
termination for any reason of a police or peace officer to the
Council within ten (10) days. Failure to comply with the provisions
of this subsection may disqualify a law enforcement a gency from
participating in training programs sponsored by the Council. Every
law enforcement agency employing police or peace officers in this
state shall submit to CLEET on or before October 1 of each calendar
year a complete list of all commissioned em ployees with a current
mailing address and phone number for each such employee. In
addition to the above, CLEET may impose an administrative fine for
violations of this section.
2. A tribal law enforcement agency that has peace officers
commissioned by an Oklahoma law enforcement agency pursuant to a
cross-deputization agreement with the State of Oklahoma or any
political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma Statutes
shall report the commissioning, resignation, or termination of
commission for any reason of a cross -deputized tribal police or
peace officer to CLEET within ten (10) days of the commissioning,
resignation, or termination. Failure to comply with the provisions
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of this subsection may disqualify a tribal law enforcement agency
from participating in training programs sponsored by the Council.
I. It is unlawful for any person to willfully make any
statement in an application to CLEET knowing the statement is false
or intentionally commit fraud in any application to the Council for
attendance in any CLEET -conducted or CLEET-approved peace officer
academy or Collegiate Officer Program or for the purpose of
obtaining peace officer certification or reinstatement. It is
unlawful for any person to willfully submit false or fraudulent
documents relating to continuing education rosters, transcripts or
certificates, or any canine license application. Any person
convicted of a violation of this subsection shall be guilty of a
felony punishable by imprisonment in the Department of Corrections
for a term of not less than two (2) years nor more than five (5)
years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
or by both such fine and imprisonment. In addition to the above,
CLEET may impose an administrative fine.
J. 1. A police or peace officer shall be subject to
disciplinary action to include a denial, suspension, revocation or
acceptance of voluntary surrender of peace officer certification
upon a showing of clear and co nvincing evidence for the following:
a. conviction of a felony or a crime of domestic
violence,
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b. conviction of a misdemeanor involving moral turpitude;
provided, if the conviction is a single isolated
incident that occurred more than five (5) years ago
and the Council is satisfied that the person has been
sufficiently rehabilitated, the Council may, in its
discretion, certify such person providing that all
other statutory requirements have been met,
c. a verdict of guilt or entry of a plea of guilty or
nolo contendere or an "Alford" plea or any plea other
than a not guilty plea for a felony offense, a crime
of moral turpitude, or a crime of domestic violence,
d. falsification or a willful misrepresentation of
information in an employment application or
application to the Council on Law Enforcement
Education and Training, records of evidence, or in
testimony under oath,
e. revocation or voluntary surrender of police or peace
officer certification in another state for a violation
of any law or rule or in sett lement of any
disciplinary action in such state,
f. involuntary commitment of a reserve or peace officer
in a mental institution or licensed private mental
health facility for any mental illness, condition or
disorder that is diagnosed by a licensed physic ian,
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psychologist or a licensed mental health professional
as a substantial disorder of thought, mood,
perception, psychological orientation, or memory that
significantly impairs judgment, behavior, capacity to
recognize reality, or ability to meet the ord inary
demands of life. Provided, the peace officer
certification may be reinstated upon the Council
receiving notification of a psychological evaluation
conducted by a licensed physician, psychologist or
licensed mental health professional which attests a nd
states by affidavit that the officer and the
evaluation test data of the officer have been examined
and that, in the professional opinion of the
physician, psychologist or licensed mental health
professional, the officer is psychologically suitable
to return to duty as a peace officer. Notwithstanding
any other provision of state law pertaining to
confidentiality of hospital or other medical records,
and as allowable under federal law, CLEET may subpoena
or request a court to subpoena records necessary to
assure compliance with these provisions. Any
confidential information received by CLEET for such
purpose shall retain its confidential character while
in the possession of CLEET,
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g. abuse of office,
h. entry of a final order of protection against appli cant
or officer, or
i. any violation of the Oklahoma Private Security
Licensing Act.
2. Disciplinary proceedings shall be commenced by filing a
complaint with the Council on a form approved by the Council. Any
employing agency or other person having info rmation may submit such
information to the Council for consideration as provided in this
subsection.
3. Upon the filing of the complaint, a preliminary
investigation shall be conducted to determine whether:
a. there is reason to believe the person has vio lated any
provision of this subsection or any other provision of
law or rule, or
b. there is reason to believe the person has been
convicted of a felony, a crime involving moral
turpitude or a domestic violence offense or is
currently participating in a de ferred sentence for
such offenses.
4. When the investigation of a complaint does not find the
person has violated any of the provisions of this subsection, or
finds that the person is sufficiently rehabilitated as provided in
subparagraph b or f of paragr aph 1 of this subsection, no
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disciplinary action shall be required and the person shall remain
certified as a police or peace officer. When the investigation of a
complaint finds that the person has violated any of the provisions
of this subsection, the m atter shall be referred for disciplinary
proceedings. The disciplinary proceedings shall be in accordance
with Articles I and II of the Administrative Procedures Act.
5. The Council shall revoke the certification of any person
upon determining that such person has been convicted of a felony or
a crime involving moral turpitude or a domestic violence offense or
has entered a plea of guilty, or nolo contendere or an "Alford" plea
or any plea other than a not guilty plea for a felony offense, a
crime of moral turpitude or a crime of domestic violence or is the
respondent in a final Victims Protective Order; provided, that if
the conviction has been reversed, vacated or otherwise invalidated
by an appellate court, such conviction shall not be the basis for
revocation of certification; provided further, that any person who
has been trained and certified by the Council on Law Enforcement
Education and Training and is actively employed as a full -time peace
officer as of November 1, 1985, shall not be subject to th e
provisions of this subsection for convictions occurring prior to
November 1, 1985. The sole issue to be determined at the hearing
shall be whether the person has been convicted of a felony, a crime
involving moral turpitude or a domestic violence offens e or is the
named respondent/defendant in a final Victims Protective Order.
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6. The Council shall revoke the certification of any person
upon determining that such person has received a deferred sentence
for a felony, a crime involving moral turpitude or a domestic
violence offense.
7. The Council may suspend the certification of any person upon
a determination that such person has been involuntarily committed to
a mental institution or mental health facility for a mental illness,
condition or disorder as provided in subparagraph f of paragraph 1
of this subsection.
8. Every law enforcement agency in this state shall, within
thirty (30) days of a final order of termination or resignation
while under investigation of a CLEET -certified peace officer, report
such order or resignation in writing to the Executive Director of
the Council. Any report, upon receipt by the Council, shall be
considered as personnel records and shall be afforded confidential
protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
Oklahoma Statutes. Any medical or other confidential records
obtained by subpoena pursuant to this subsection shall not be made a
part of such report. The Executive Director shall ensure that the
report is provided to all members of the Council. The Council shall
review and make recommendations concerning the report at the first
meeting of the Council to occur after all members of the Council
have received the report. The Council may, by a majority vote,
order the suspension, for a given period of time, or revocation of
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the CLEET certification of the peace officer in question if there
are grounds for such actions pursuant to this section and the peace
officer in question has been provided with notice and an opportunity
for a hearing pursuant to t he Administrative Procedures Act.
Suspension or revocation of CLEET certification pursuant to this
paragraph shall be reported to the district attorney for the
jurisdiction in which the peace officer was employed, to the
liability insurance company of the law enforcement agency that
employed the peace officer, the chief elected official of the
governing body of the law enforcement agency and the chief law
enforcement officer of the law enforcement agency.
9. For all other violations of this subsection, th e hearing
examiner shall take into consideration the severity of the
violation, any mitigating circumstances offered by the person
subject to disciplinary action, and any other evidence relevant to
the person's character to determine the appropriate discip linary
action.
10. a. A police or peace officer may voluntarily surrender
and relinquish the peace officer certification to
CLEET. Pursuant to such surrender or relinquishment,
the person surrendering the certification shall be
prohibited from applying to CLEET for reinstatement
within five (5) years of the date of the surrender or
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relinquishment, unless otherwise provided by law for
reinstatement.
b. No person who has had a police or peace officer
certification from another state revoked or
voluntarily surrendered and has not been reinstated by
that state shall be considered for certification by
CLEET.
c. Any person seeking reinstatement of police or peace
officer certification which has been suspended,
revoked, or voluntarily surrendered may apply for
reinstatement pursuant to promulgated CLEET rules
governing reinstatement. Except as provided in this
subsection, any person whose certification has been
revoked, suspended or voluntarily surrendered for any
reason, including failure to comply with mandatory
education and training requirements, shall pay a
reinstatement fee of One Hundred Fifty Dollars
($150.00) to be deposited to the credit of the Peace
Officer Revolving Fund created pursuant to Section
3311.7 of this title.
11. A duty is hereby imposed upo n the district attorney who, on
behalf of the State of Oklahoma, prosecutes a person holding police
or peace officer or reserve peace officer certification for a
felony, a crime involving moral turpitude, or a crime of domestic
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violence in which a plea of guilty, nolo contendere, or an "Alford"
plea or any other plea other than a not guilty plea or other finding
of guilt is entered by, against or on behalf of a certified police
or peace officer to report such plea, agreement, or other finding of
guilt to the Council on Law Enforcement Education and Training
within ten (10) days of such plea agreement or the finding of guilt.
12. Any person or agency required or authorized to submit
information pursuant to this section to the Council shall be immune
from liability arising from the submission of the information as
long as the information was submitted in good faith and without
malice.
13. Any peace officer employed by a law enforcement agency in
this state which has internal discipline policies and procedures on
file with CLEET shall be exempt from the disciplinary proceedings
and actions provided for in this subsection; provided, however, such
exemption shall not apply if the peace officer has been convicted of
a felony crime, a crime of moral turpitude, or a crime of domestic
violence.
14. All criminal proceedings initiated against a CLEET -
certified peace officer or reserve peace officer shall be reported
by the officer to CLEET immediately after arrest or discovery of the
filing of such criminal proceeding. All CLEET-certified peace
officers and reserve peace officers shall be required to report when
a Victim Protective Order has been issued against the officer,
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including orders issued on an emergency basis and all final orders
of protection. Failure to gi ve notice pursuant to the provisions of
this paragraph may be cause to initiate an action against the
officer by CLEET.
15. As used in this subsection:
a. "law enforcement agency " means any department or
agency of the state, a county, a municipality, or
political subdivision thereof, with the duties to
maintain public order, make arrests, and enforce the
criminal laws of this state or municipal ordinances,
which employs CLEET-certified personnel,
b. "final order of termination " means a final notice of
dismissal from employment provided after all
grievance, arbitration, and court actions have been
completed, and
c. "resignation while under investigation " means the
resignation from employment of a peace officer who is
under investigation for any felony violat ion of law, a
crime of moral turpitude, a crime of domestic
violence, or the resignation from employment of a
peace officer as part of an arbitration or plea
agreement.
K. 1. Every canine team in the state trained to detect
controlled dangerous substance s shall be certified, by test, in the
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detection of such controlled dangerous substances and shall be
recertified annually so long as the canine is used for such
detection purposes. The certification test and annual
recertification test provisions of this subsection shall not be
applicable to canines that are owned by a law enforcement agency and
that are certified and annually recertified in the detection of
controlled dangerous substances by the United States Customs
Service. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Drug Dog Advisory Council to
make recommendations concerning minimum standards, educational
needs, and other matters imperative to the certification of canines
and canine teams trained to detect controlled dangerous substances.
The Council shall promulgate rules based upon the recommendations of
the Advisory Council. Members of the Advisory Council shall
include, but need not be limited to, a commissioned officer with
practical knowledge of such canines and canine teams from each of
the following:
a. the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control,
b. the Department of Public Safety,
c. a police department,
d. a sheriff's office, and
e. a university or college campus police department.
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3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per canine team. A retest fee of
Fifty Dollars ($50.00) will be charged if the team fails the test.
No such fee shall be charged to any local, state or federal
government agency. The fees provided for in this paragraph shall be
deposited to the credit of the CLEET Fund created pursuant to
Section 1313.2 of Title 20 o f the Oklahoma Statutes.
L. 1. Every canine team in the state trained to detect
explosives, explosive materials, explosive devices, and materials
which could be used to construct an explosive device shall be
certified, by test, in the detection of such e xplosives and
materials and shall be recertified annually so long as the canine is
used for such detection purposes. The certification test and annual
recertification test provisions of this subsection shall not be
applicable to canines that are owned by a law enforcement agency if
such canines are certified and annually recertified in the detection
of explosives and materials by the United States Department of
Defense. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Bomb Dog Advisory Council to
make recommendations concerning minimum standards, educational
needs, and other matters imperative to the certification of canines
and canine teams trained to detect explosives, explosive materials,
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explosive devices and materials which could be used to construct an
explosive device. The Council shall promulgate rules based upon the
recommendations of the Advisory Council. Members of the Advisory
Council shall include, but need not be limited to, a commissioned
officer with practical knowledge of such canines and canine teams
from each of the following:
a. the Department of Public Safety,
b. a police department,
c. a sheriff's office, and
d. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per canine team. A retest fee of
Fifty Dollars ($50.00) will be charged if the team fails the test.
No such fee shall be charged to any local, state or federal
government agency. The fees provided for in this paragraph shall be
deposited to the credit of the CLEET Fund created pursuant to
Section 1313.2 of Title 20 of the Oklahoma Statutes.
M. All tribal police officers of any Indian tribe or nation who
have been commissioned by an Oklahoma law enforcement agency
pursuant to a cross-deputization agreement with the State of
Oklahoma or any political subdivision of the State of Oklahoma
pursuant to the provisio ns of Section 1221 of Title 74 of the
Oklahoma Statutes shall be eligible for peace officer certification
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under the same terms and conditions required of members of the law
enforcement agencies of the State of Oklahoma and its political
subdivisions. CLEET shall issue peace officer certification to
tribal police officers who, as of July 1, 2003, are commissioned by
an Oklahoma law enforcement agency pursuant to a cross -deputization
agreement with the State of Oklahoma or any political subdivision of
the State of Oklahoma pursuant to the provisions of Section 1221 of
Title 74 of the Oklahoma Statutes and have met the training and
qualification requirements of this section.
N. If an employing law enforcement agency in this state has
paid for CLEET training a nd the salary of a person while that person
is completing in this state a basic police course approved by the
Council and if within one (1) year after initial employment with the
original employing agency that person resigns and is hired by
another law enforcement agency in this state, the second agency or
the person receiving the training shall reimburse the original
employing agency for the cost of CLEET training and salary paid to
the person while completing the basic police course by the original
employing agency. If the person leaves the original employing
agency later than one (l) year, but less than two (2) years, after
the initial employment, the second agency or the person receiving
the training shall reimburse the original employing agency fifty
percent (50%) of the cost of CLEET training and salary paid to the
person while completing the basic police course by the original
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employing agency. CLEET shall not be a party to any court action
based on this provision.
O. The Council on Law Enforcement Education and Training, in
its discretion, may waive all or part of any moneys due to the
Council, if deemed uncollectable by the Council.
P. Peace officers, reserve peace officers, tribal peace
officers, agencies, bail enforcers, security guards and priv ate
investigators shall maintain with the Council current mailing
addresses and shall notify the Council, in writing, of any change of
address or name. Notification of change of name shall require
certified copies of any marriage license or other court do cument
which reflects the change of name. Notice of change of address or
telephone number must be made within ten (10) days of the effected
change. Notices shall not be accepted over the phone. In any
proceeding in which the Council is required to serve notice or an
order on an individual or an agency, the Council may send a letter
to the mailing address on file with the Council. If the letter is
returned and a notation of the U.S. Postal Service indicates
"unclaimed", or "moved", or "refused" or any other nondelivery
markings and the records of the Council indicate that no change of
address as required by this subsection has been received by the
Council, the notice and any subsequent notices or orders shall be
deemed by the Court as having been legally served for all purposes.
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Q. All CLEET records of Bail Enforcers may be released only in
compliance with this section and the Oklahoma Bail Enforcement and
Licensing Act. All records in CLEET possession concerning other
persons or entities shall be releas ed only in compliance with this
section and the Oklahoma Open Records Act.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 02/25/2021 - DO PASS.