SENATE FLOOR VERSION - HB1118 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 13, 2022 ENGROSSED HOUSE BILL NO. 1118 By: West (Rick) of the House and Hamilton and Bullard of the Senate An Act relating to the Council on Law Enforcement Education and Training; amending 70 O.S. 2021, Section 3311; removing certain background investigation requirement; and prohibiting the certification or employment of certain persons. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A: SECTION 1. AMENDATORY 70 O.S. 2 021, Section 3311, is amended to read 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 powers of government and with the authority to exercise the rights, privi leges and functions necessary to ensure the professional training and continuing education of law enforcement officers in the State of Oklahoma. These rights, privileges and functions include, but are not limited to, those specified in Sections 3311 throu gh 3311.15 of this title and in the Oklahoma Security Guard and Private SENATE FLOOR VERSION - HB1118 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 criminal history search by the Oklahoma State Bureau of Investigation, as we ll 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 chec k. 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 thirteen (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 th e Oklahoma State Bureau of Investigation, or designee; 4. One member appointed by the Governor who shall be a law enforcement administrator representing a tribal law enforcement agency; SENATE FLOOR VERSION - HB1118 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. One member appointed by the Governor who shall be a chief of police of a municipality with a population over one hundred thousand (100,000), as determined by the latest F ederal 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 ov er ten thousand (10,000), as determined by the latest Federal Decennial Census; 8. One member shall be a ppointed 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 Bo ard of Directors of the Fraternal Order of Police who shall have experience as a training officer; 10. One member appointed by the Chancellor of Highe r Education who shall be a representative of East Central University; 11. One member appointed by the Bo ard of Directors of the Oklahoma Sheriffs and Peace Officers Association who shall be a full-time law enforcement officer in good standing with CLEET w ithin a county with a population under fifty thousand (50,000); SENATE FLOOR VERSION - HB1118 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12. The President Pro Tempore of the Sen ate 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 shall 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. B. The Council on Law Enforcement Education and Tr aining is hereby authorized and directed to: 1. Appoint a larger Advisory Council to discuss problems an d hear recommendations concerning necessary research, minimum SENATE FLOOR VERSION - HB1118 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 standards, educational needs, and other matters imperative to upgrading Oklahoma law enfo rcement to professional status; 2. Promulgate rules with respect to such matters as certification, revoc ation, 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 subcommittees; 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 regulation s 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 members of legally constitute d 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 pe rform such other duties imposed on SENATE FLOOR VERSION - HB1118 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 degre e in a law-enforcement-related subject area, and a minimum of five (5) years of active law enforcement ex perience including, but not limited to, responsibility for enforcement, investigation, administration, training, or curriculum implementation. The Executive Director of the Council on Law Enforcement Education and Training may commission CLEET staff as pea ce 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 Executive Director as a peace officer shall not limit the powers and dutie s 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 enforceme nt agency; 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 expe nses may be paid directly to the contracting agency or business establishment. The food and lodging expenses for each law SENATE FLOOR VERSION - HB1118 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 enforcement officer shall no t 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 provision of such food and lodging by an outside contracting agency or busines s 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 t o 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 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 SENATE FLOOR VERSION - HB1118 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 authorized by law, all or a portion of its receipts of the assessment penal ty 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 Ed ucation 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 Developm ent Finance Authority or local public 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 the full faith and credit of the State of Oklaho ma, 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 SENATE FLOOR VERSION - HB1118 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Council concerning necessary research, minimum standards for licensure, education, and other matters related to licensure of security guards, security guard agencies, p rivate investigators, and private investigative agencies; 13. Enter into agreements with individuals, ed ucational 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 user's requests to schedule functions after -hours, on weekends, or anytim e such requests extend staff beyond its normal capacity, whereby contracting individuals, educational institutions, agencies, and business and tribal e ntities shall pay a fee to be determined by the Council by rule. All fees collected pursuant to faciliti es 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 agreements shall be deposited to the credit of the Peace Officer Revolv ing Fund created pursuant to Section 3311.7 of this title. The Council is authorized to promulgate emergency rules to effectuate the provisions of thi s paragraph; 14. Promulgate rules to establish a state firearms requalification standard for active peac e officers and meet any requirements imposed on the Council by the federal Law Enforcement Officers Safety Act of 2004; SENATE FLOOR VERSION - HB1118 SFLR Page 10 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15. Set minimal criteria relat ing 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 administrati ve 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 justice or law enforcement courses, who shall serve an initial term of o ne (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, 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 ju risdiction with a population of less than fifty thousand (50,000) SENATE FLOOR VERSION - HB1118 SFLR Page 11 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 fift y 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 , who shall have experience in the creation and review of curriculum as well as experience in teaching criminal justice or law enforcement courses, 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 reappointed 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 fo r all CLEET academies and training courses pursuant to procedures established by the Council on Law Enfor cement Education and Training; 17. Conduct review and verification of any reco rds relating to the statutory duties of CLEET; 18. Receive requested re ports including investigative reports, court documents, statements, or other applicable information from SENATE FLOOR VERSION - HB1118 SFLR Page 12 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 th at the actions of the certified peace officer may present a danger to th e 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 conside red clear and convincing evidence of the charge; and 20. Approve law enforcement agencies and police departments 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 of ficers that first creates or reactivates an inactive law enforcement agency or police department and firs t 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 enforcement agency or police department, information regarding: SENATE FLOOR VERSION - HB1118 SFLR Page 13 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 pr oof that no more than fifty percent (50%) of the funding of the entity will be derived from ticket revenu e or fines, (3) the physical resources available to officers, (4) the physical facilities that the law enforcement agency or police department will ope rate 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, (c) mental health, (d) professional conduct of officers, (e) domestic abuse, (f) response to missing per sons, (g) supervision of part-time officers, and (h) impartial policing, SENATE FLOOR VERSION - HB1118 SFLR Page 14 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (6) the administrative structure of the law enforcement agency or police depar tment, (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 cert ified mail, return receipt requested, a letter of authorization or den ial 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 Co uncil. The Executive Director shall ensure that the final report is provided to all members of the Counc il. The Council shall review and make recommendations concerning the report at t he first meeting of the Council to occur after all members of the Coun cil have received the report. The Council may, by majority vote: (1) order additional information be pro vided, (2) order confirmation of the opinion of the Executive Director, or (3) order authorization of the entity. SENATE FLOOR VERSION - HB1118 SFLR Page 15 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. 1. Payment of any fee provided f or 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 nationa lly recognized credit or debit card not to exceed five percent (5%) of the amount of the payment. For purposes 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 obtaining goods, services, or anything else of value and which is accepted b y over one thousand merchants in this state. "Debit card" means an identificatio n 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 s hall determine which nationally recognized credit or debit cards will be accepted as payment for fees. 2. Payment for any fee provided for in this tit le may be made by a business check. The Council may: 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 Five Dollars ($5.00) as a service charge for the acceptance and verifica tion SENATE FLOOR VERSION - HB1118 SFLR Page 16 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 for employment as a peace officer or reserve peace officer until the emp loying law enforcement agency has conducted a background investigation of such pe rson 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 perso n has no felony record, b. a fingerprint search submitted to the Federal Bureau of Investigation with a return report to the submitting agency that suc h 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, SENATE FLOOR VERSION - HB1118 SFLR Page 17 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 vi olence, and does not have any criminal charges pending in any court in this state, another state, in trib al court or pursuant to the United States Code, f. such person is not currently s ubject to an order of the Council revoking, suspending, or accepting a voluntary surrender of peace officer 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 disord er" means the person has been diagnosed by a licensed physician, psychologist, or licensed mental health professional as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation or memory that significantly impair s judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life and such condition continues to exist, SENATE FLOOR VERSION - HB1118 SFLR Page 18 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 peace officer prior to November 1, 1985, and i. such person has provided p roof 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 ta king 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 stand ards 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 whether to certify to the Council on Law Enforcement Education and Training that the person being eval uated 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 SENATE FLOOR VERSION - HB1118 SFLR Page 19 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the employing agency shall certify to the Council that the evaluation was conducted in accordance with this provision and that the employee or appli cant is suitable to serve as a peace officer in the State of Oklahoma . a. Any person found not to be suitable for employment or certification by the Council shall not be empl oyed, retained in employment as a peace officer, or certified by the Council for a t least one (1) year, at which time the employee or applicant may be reevaluated by a psychologist licensed by the State of Oklahoma. This section shall also be applicable t o all reserve peace officers in the State of Oklahoma. b. Any person who is certif ied by CLEET and has undergone the psychological evaluation required by this subparagraph and has been found to be suitable as a peace officer shall not be required to be ree valuated for any subsequent employment as a peace officer following retirement or any break in service as a peace officer, unless such break in service exceeds five (5) years or the Council 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 cert ification shall have their name, gender, date of birth, and address o f such SENATE FLOOR VERSION - HB1118 SFLR Page 20 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 person submitted to the Department 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 has ever been involuntarily committed to an Oklahoma state mental institution. In the event that the Department of Mental Health and Substance Abuse Ser vices reports to the Council that the applicant has been involuntaril y committed, the Council shall immediately inform the employing agency. All basic police courses shall in clude a minimum of four (4) hours of education and training in recognizing and man aging a person appearing to require mental health treatment or servic es. The training shall include training in crime and drug prevention, crisis intervention, youth and fam ily intervention techniques, recognizing, investigating and preventing abuse and e xploitation of elderly persons, mental health issues, and criminal ju risdiction 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. SENATE FLOOR VERSION - HB1118 SFLR Page 21 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 For reserve deputies a basic reserve academy s hall consist of a minimum of two hundred forty (240) hours. 3. Beginning January 1, 2018, any reserve pe ace 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 police or peace officer shall hold such position on a temporary basis on ly, 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 qualification, 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. 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 employ ing agency fails to require the SENATE FLOOR VERSION - HB1118 SFLR Page 22 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 co unty 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 office r's certification in the other state has not been revoked or voluntar ily surrendered and is not currently under suspension. 6. For purposes of this section, a police or peac e 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 p risoners, and enforce laws and ordinances of this state, or any political subdivis ion thereof; provided, elected sheriffs and their deputies and electe d, appointed, or acting chiefs of police shall meet the requirements of this subsection within the first six (6) months after assuming the duties of the office to which they are elected o r 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. SENATE FLOOR VERSION - HB1118 SFLR Page 23 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 felony, a crime involving moral turpitude, or a crime of domestic violen ce, unless a full pardon has been granted by the proper agency; however, any perso n who has been trained and certified by the Council on Law Enforcemen t Education and Training and is actively employed as a full -time peace officer as of November 1, 1985, sh all 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 par agraph. G. 1. The Council is hereby authorized to provide to any employing agency the following informa tion regarding a person who is or has applied for employment as a police or peace officer of such employing agency: SENATE FLOOR VERSION - HB1118 SFLR Page 24 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. Oklahoma State Bureau of Investi gation 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 jud icial 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 qualif ications 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 em ployed 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 age ncy which either has 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 SENATE FLOOR VERSION - HB1118 SFLR Page 25 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Council within ten (10) days. Failure to comply with the provisions of this subsection may disqualify a law enforcement agency 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 employees 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 h as 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 Okl ahoma pursuant to the provisions of Section 1221 of Title 74 of the O klahoma 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 compl y with the provisions 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 t he statement is false or intentionally commit fraud in any application to the Council for attendance in any CLEET-conducted or CLEET-approved peace officer SENATE FLOOR VERSION - HB1118 SFLR Page 26 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 academy or Collegiate Officer P rogram 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 licen se application. Any person convicted of a violation of this subsecti on 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 exceedi ng Two Thousand Dollars ($2,000.00), or by both such fine and impriso nment. In addition to the above, CLEET may impose an administrative fine. J. 1. A police or peace offi cer shall be subject to disciplinary action to include a denial, suspension, revoc ation or acceptance of voluntary surrender of peace officer certifica tion upon a showing of clear and convincing evidence for the following: a. conviction of a felony or a cr ime of domestic violence, 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, SENATE FLOOR VERSION - HB1118 SFLR Page 27 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 viol ence, d. falsification or a willful misrepresentation of information in an employment application or application to the Council on Law Enforcement Education and Training, rec ords of evidence, or in testimony under oath, e. revocation or voluntary surrender of police or peace officer certification in another state for a viol ation of any law or rule or in settlement of any disciplinary action in such state, f. involuntary commitment of a reserve or peace officer in a mental institution or licensed private men tal health facility for any mental illness, condition or disorder that is diagnosed by a licensed physician, 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 ordinary demands of life. Provided, the peace officer certification may be reinstated upon the Council SENATE FLOOR VERSION - HB1118 SFLR Page 28 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 receiving notification of a psychological evaluatio n conducted by a licensed physician, psychologist or licensed mental health professional which attests and states by affidavit that the officer and the evaluation test data o f the officer have been examined and that, in the professional opinion of the physician, psychologist or licensed mental health professional, the offic er 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 informat ion received by CLEET for such purpose shall retain its confidential character whi le in the possession of CLEET, g. abuse of office, h. entry of a final order of protection against applicant 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 SENATE FLOOR VERSION - HB1118 SFLR Page 29 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 employing agency or other person having information may submit such information to the Council for consideration a s 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 violated 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 deferred sentence for such offenses. 4. When the investigation of a com plaint does not find the person has violated any of the provisions of this subsect ion, or finds that the person is sufficiently rehabilitated as provid ed in subparagraph b or f of paragraph 1 of this subsection, no disciplinary action shall be required and the person shall remain certified as a police or peace officer. When the investi gation of a complaint finds that the person has violated any of the p rovisions of this subsection, the matter shall be referred for disciplinary proceedings. The disciplinar y proceedings shall be in accordance with Articles I and II of the Administrative Procedures Act. SENATE FLOOR VERSION - HB1118 SFLR Page 30 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 turpi tude or a domestic violence offense or has entered a plea of guilty, or nolo conte ndere or an "Alford" plea or any plea other than a not guilty plea fo r 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 convic tion 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 the 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 turp itude or a domestic violence offense or is the named respondent/defendant in a final Victims Protective O rder. 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 certificat ion of any person upon a determination that such person has been involuntarily com mitted to SENATE FLOOR VERSION - HB1118 SFLR Page 31 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 o rder of termination or resignation while under investigation of a CLE ET-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 personne l records and shall be afforded confidential protection pursuant to S ections 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 repo rt 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 the CLEET certification of the peace officer in question if there are grounds for such actions pursuant to this section and th e peace officer in question has been provided with notice and an oppo rtunity for a hearing pursuant to the Administrative Procedures Act. Suspension or revocation of CLEET c ertification pursuant to this paragraph shall be reported to the district attorney for the SENATE FLOOR VERSION - HB1118 SFLR Page 32 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ele cted official of the governing body of the law enforcement agency and the chief la w enforcement officer of the law enforcement agency. 9. For all other violations of this subsection, the hearing examiner shall take into consideration the severity of the violation, any mitigating circumstances offered by the person subject to disciplina ry action, and any other evidence relevant to the person's character to determine the appropriate disciplinary action. 10. a. A police or peace officer may voluntarily surren der and relinquish the peace officer certification to CLEET. Pursuant to such sur render or relinquishment, the person surrendering the certification s hall be prohibited from applying to CLEET for reinstatement within five (5) years of the date of the surr ender or relinquishment, unless otherwise provided by law for reinstatement. b. No person who has had a police or peace officer certification from anot her state revoked or voluntarily surrendered and has not been reinstated by that state shall be considere d for certification by CLEET. SENATE FLOOR VERSION - HB1118 SFLR Page 33 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. Any person seeking reinstatement of police or pea ce 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 upon the district attorney who, on behalf of the State of Oklahoma, prose cutes a person holding police or peace officer or reserve peace officer certificati on for a felony, a crime involving moral turpitude, or a crime of do mestic violence in which a plea of guilty, nolo contendere, or an "Alford" plea or any other plea other t han 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, agreeme nt, 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. SENATE FLOOR VERSION - HB1118 SFLR Page 34 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12. Any person or agency requir ed or authorized to submit information pursuant to this section to t he 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 e mployed 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 a gainst 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 of ficer including orders issued on an emergency basis and all final o rders of protection. Failure to give 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: SENATE FLOOR VERSION - HB1118 SFLR Page 35 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 termin ation" means a final notice of dismissal from employment provided after all grievance, arbitration, and c ourt 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 violation 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 p lea agreement. K. 1. Every canine team in the state trained to de tect controlled dangerous substances shall be certified, by test, in the detection of such controlled dan gerous substances and shall be recertified annually so long as the canine is used fo r 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 SENATE FLOOR VERSION - HB1118 SFLR Page 36 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Mem bers 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. 3. The fee for the certification te st shall be Two Hundred Dollars ($200.00) and the annual recertification test fee sh all 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 a ny local, state or federal SENATE FLOOR VERSION - HB1118 SFLR Page 37 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 government agency. The fees provided for in this paragra ph shall be deposited to the credit of the CLEET Fund created pursu ant to Section 1313.2 of Title 20 of the Oklahoma Statutes. L. 1. Every canine team in the state traine d 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 explosives and materials and shall be recertified annually so long as t he 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 re certified in the detection of explosives and materials by the United States Departme nt of Defense. No employee of CLEET may be involved in the trainin g 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 imperativ e to the certification of canines and canine teams trained to detec t explosives, explosive materials, 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 SENATE FLOOR VERSION - HB1118 SFLR Page 38 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 officer with practical knowledge of such canines and cani ne 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 ca nine 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 Ok lahoma 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 wit h the State of Oklahoma or any political subdivision of the State o f Oklahoma pursuant to the provisions of Section 1221 of Title 74 of the Oklahoma Statutes shall be eligi ble for peace officer certification under the same terms and conditions required of members of the law enforcement agencies of the State of Oklahoma an d its political subdivisions. CLEET shall issue peace officer certification to tribal police officers wh o, as of July 1, 2003, are commissioned by SENATE FLOOR VERSION - HB1118 SFLR Page 39 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 an Oklahoma law enforcement agency pursua nt 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 o f this section. N. If an employing law enforcement agency in this state has paid for CLEET training and the salary of a person while that person is completing in this stat e a basic police course approved by the Council and if within one (1) year after ini tial employment with the original employing agency that person resi gns 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 p olice 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 se cond agency or the person receiving the training shall reimburse th e 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 employing agency. CLEET shall not be a party to any court action based on this provision. SENATE FLOOR VERSION - HB1118 SFLR Page 40 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 O. The Council on Law Enforcement Education and Training, in its discretion, may waive all or part of an y 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 private 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 document 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 sen d 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. Q. All CLEET records of Bail Enforcers may b e released only in compliance with this section and the Oklahoma Bail Enforcement an d Licensing Act. All records in CLEET possession concerning other SENATE FLOOR VERSION - HB1118 SFLR Page 41 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 persons or entities shall be released only in compliance with this section and the Oklahoma Open Records Act. COMMITTEE REPORT BY: COMMITTEE ON RULES April 13, 2022 - DO PASS