Oklahoma 2022 Regular Session

Oklahoma House Bill HB1118 Latest Draft

Bill / Amended Version Filed 04/14/2022

                             
 
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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   
 
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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;   
 
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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);   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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;   
 
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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)   
 
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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   
 
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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:   
 
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(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,   
 
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(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.   
 
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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   
 
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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,   
 
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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,   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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.   
 
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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:   
 
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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   
 
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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   
 
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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,   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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   
 
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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.   
 
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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.   
 
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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:   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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