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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3066 By: Manger
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Section 150.12, which rela tes to reporting of
fingerprinting and criminal history information;
requiring municipal courts to report criminal history
information to the Oklahoma State Bureau of
Investigation; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.12, is
amended to read as follows:
Section 150.12 A. 1. It is hereby the duty of any sheriff,
chief of police, city marshal, constable and any other law
enforcement officer who tak es custody of a person who has been
arrested and who, in the best judgment of the arresting officer, is
believed to have committed any offense, except an offense exempted
by the rules promulgated by the Oklahoma State Bureau of
Investigation pursuant to th e provisions of Section 150.1 et seq. of
this title, to take or cause to be taken the fingerprint impressions
of such person or persons and to forward such fingerprint
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impressions together with identification information to the Oklahoma
State Bureau of Investigation, at its Oklahoma City office. In the
case of any sheriff, chief of police, city marshal, constable, or
any other law enforcement officer equipped with a live -scan device
designed for the electronic capture and transmission of fingerprint
images approved by the Oklahoma State Bureau of Investigation,
fingerprint images may instead be taken and transmitted to the
Bureau electronically. If the sheriff, chief of police, city
marshal, or constable has contracted for the custody of prisoners,
such contractor shall be required to take the fingerprint
impressions of such person.
2. It shall not be the responsibility of, nor shall the
sheriff, chief of police, city marshal, constable, other law
enforcement officer, or contractor receiving custody of an arrested
person as a prisoner require the arresting officer to take the
fingerprint impressions of the arrested person; provided, if the
arresting officer is employed by the same law enforcement agency as
the sheriff, chief of police, city marshal, or cons table receiving
custody of such person, the arresting officer may be required to
take such impressions.
3. The law enforcement officers shall also forward the
prosecution filing report and the disposition report forms to the
appropriate prosecuting author ity within seventy-two (72) hours. If
fingerprint impressions have not been taken at the time of an
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arrest, the court shall order the fingerprints to be taken by the
sheriff at the arraignment, first appearance, or at the time of
final adjudication of a d efendant whose court attendance has been
secured by a summons or citation for any offense, except an offense
exempted by the rules promulgated by the Bureau. If a person is in
the custody of a law enforcement or correctional agency and a
warrant issues or an information is filed alleging the person to
have committed an offense other than the offense for which the
person is in custody, the custodial law enforcement or correctional
agency shall take the fingerprints of such person in connection with
the new offense, provided the offense is not exempted by the rules
of the Bureau. Any fingerprint impressions and identification
information required by this subsection shall be sent to the Bureau
within seventy-two (72) hours after taking such fingerprints.
B. In order to maintain a complete criminal history record, the
court shall inquire at the time of sentencing whether or not the
person has been fingerprinted for the offense upon which the
sentence is based and, if not, shall order the fingerprints be taken
immediately of such person and those fingerprints shall be sent by
the law enforcement agency taking the fingerprint impressions to the
Bureau within seventy -two (72) hours after taking the fingerprint
impressions.
C. In addition to any other fingerprints which may have been
taken of a person in a criminal matter, the Department of
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Corrections shall take the fingerprints of all prisoners received at
the Lexington Reception and Assessment Center or otherwise received
into the custody of the Department and s hall send copies of such
fingerprints together with identification information to the Bureau
within seventy-two (72) hours of taking such fingerprints.
D. The Bureau shall, upon receipt of fingerprint impressions
and identification information for offense s not exempt by rule of
the Bureau, send one copy of the fingerprint impressions to the
Federal Bureau of Investigation, at its Washington, D.C., office,
and the other copy shall be filed in the Oklahoma State Bureau of
Investigation's office. The rules p romulgated by the Bureau
pursuant to the provision of this act exempting certain offenses
from mandatory reporting shall be based upon recommended Federal
Bureau of Investigation standards for reporting criminal history
information and are not intended to include violators of city or
town ordinances and great care shall be exercised to exclude the
reporting of criminal history information for such offenses, except
when recommended by the Federal Bureau of Investigation standards.
E. The reporting to the Ok lahoma State Bureau of Investigation
of criminal history information on each person subject to the
mandatory reporting requirements of Section 150.1 et seq. of this
title shall be mandatory for all law enforcement agencies, courts of
this state, including municipal courts, judicial officials, district
attorneys and correctional administr ators participating in criminal
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matters, whether reported directly or indirectly, manually or by
automated system as may be provided by the rules promulgated by the
Bureau.
F. Except for offenses exempted by the rules promulgated by the
Bureau, the following events shall be reported to the Bureau within
seventy-two (72) hours and the Bureau shall have seventy -two (72)
hours after receipt of the report to enter such informati on into a
criminal record data base:
1. An arrest;
2. The release of a person aft er arrest without the filing of
any charge; and
3. A decision of a prosecutor not to commence criminal
proceedings or to defer or postpone prosecution.
G. Except for offen ses exempted by the rules promulgated by the
Bureau, the following events shall be reported to the Bureau within
thirty (30) days and the Bureau shall have thirty (30) days after
receipt of the report to enter such information into a criminal
record data base:
1. A decision by a prosecutor to modify or amend initial
charges upon which t he arrest was made, including deletions or
additions of charges or counts;
2. The presentment of an indictment or the filing of a criminal
information or other statement of charges;
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3. The dismissal of an indictment or criminal information or
any charge specified in such indictment or criminal information;
4. An acquittal, conviction or other court disposition at trial
or before, during or following trial, including dispos itions
resulting from pleas or other agreements;
5. The imposition of a sentence;
6. The commitment to or release from the custody of the
Department of Corrections or incarceration in any jail or other
correctional facility;
7. The escape from custody o f any correctional facility, jail
or authority;
8. The commitment to or release fr om probation or parole;
9. An order of any appellate court;
10. A pardon, reprieve, commutation of sentence or other change
in sentence, including a change ordered by the court;
11. A revocation of probation or parole or other change in
probation or parole status; and
12. Any other event arising out of or occurring during the
course of criminal proceedings or terms of the sentence deemed
necessary as provided by the rules established by the Bureau.
The Bureau shall have authority to withhold any entry o n a
criminal history record when there is reason to believe the entry is
based on error or an unlawful order. The Bureau shall in such case
take immediate action to clarify or correct the entry.
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H. Information reportable under the provisions of this sect ion
shall be reportable by the law enforcement officer or person
directly responsible for the action, event or decision, unless
otherwise provided by rule or agreement. The form and content of
information to be reported and methods for reporting informati on,
including fingerprint impressions and other identification
information, shall be established by the rules promulgated by the
Bureau. The Bureau is hereby directed to es tablish rules to
implement the provisions of Section 150.1 et seq. of this title,
provided any rule relating to reporting by courts or judicial
officials shall be issued jointly by the Bureau and the Oklahoma
Supreme Court.
I. Any person or agency subject to the mandatory reporting of
criminal history information or fingerprints as requ ired by the
provisions of this act shall take appropriate steps to ensure that
appropriate agency officials and employees understand such
requirements. Each agency shall es tablish, and in appropriate cases
impose, administrative sanctions for failure of a n official or
employee to report as provided by law. Refusal or persistent
failure of a person or agency to comply with the mandatory reporting
requirements of this act may result in the discontinued access to
Bureau information or assistance until such a gency complies with the
law.
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J. All expungement orders which are presented to the Bureau for
alterations to criminal history records must be accompanied by a
payment of One Hundred Fifty Dollars ($150.00) payable to the
Bureau. The subject of the crimina l history, whose record is being
amended or updated based upon an expungement order, is responsible
for such payment. Payment shall be rendered before any expungement
order may be processed by the Bureau. Payment of the fee shall be
waived if the subject of the criminal history record has been
granted an expungement under the provisions of paragraph 3 of
subsection A of Section 18 of Title 22 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/15/2022 -
DO PASS.