OK
Oklahoma House Bill HB3804

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3804 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
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3232 HOUSE BILL 3804 By: Roberts (Sean)
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3838 AS INTRODUCED
3939
4040 An Act relating to the Council on Law Enforcement
4141 Education and Training; amending 70 O.S. 2021,
4242 Section 3311, which relates to t he Council on Law
4343 Enforcement Education and Train ing; authorizing
4444 online training course; and providing an effective
4545 date.
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5050 BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 3311, is
5252 amended to read as follows:
5353 Section 3311. A. There is hereby created a Council on Law
5454 Enforcement Education and Training which shall be, and is hereby
5555 declared to be, a governmental law enforcement agency of the State
5656 of Oklahoma, body politic and corporate, with powers of government
5757 and with the authority to exercise the rights, privileges and
5858 functions necessary to ensure the professional training and
5959 continuing education of law enforcement officers in the State of
6060 Oklahoma. These rights, privileges and functions include, but are
6161 not limited to, those specified in Sections 3311 through 3311.15 of
6262 this title and in the Oklahoma Security Guard and Private
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8989 Investigator Act and the Oklahoma Bail Enforcement and Licensing
9090 Act. The Council shall be authorized to require agency employees
9191 and the employees of agency contractors in positions to have access
9292 to Oklahoma Peace Officer records, Oklahoma Security Guard and
9393 Private Investigator records, Oklahoma Bail Enforcement and
9494 Licensing Act records, to be subject to a criminal history search by
9595 the Oklahoma State Bureau of Investigation, as well as be
9696 fingerprinted for submission of the fingerprints through the
9797 Oklahoma State Bureau of Investigation to the Federal Bureau of
9898 Investigation for a national criminal history check. The Council
9999 shall be the recipient of the results of the record check. In
100100 accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,
101101 this includes a national criminal record with a finger print
102102 analysis. The Council shall be composed of thirteen (13) members as
103103 follows:
104104 1. The Commissioner of the Department of Public Safety, or
105105 designee;
106106 2. The Director of the Oklahoma State Bureau of Narcotics and
107107 Dangerous Drugs Control, or designee;
108108 3. The Director of the Oklahoma State Bureau of Investigation,
109109 or designee;
110110 4. One member appointed by the Governor who shall be a law
111111 enforcement administrator representing a tribal law enforcement
112112 agency;
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139139 5. One member appointed by the Governor who shall be a chief of
140140 police of a municipality with a population over one hundred thou sand
141141 (100,000), as determined by the latest Federal Decennial Census;
142142 6. One member appointed by the Board of Directors of the
143143 Oklahoma Sheriffs' Association who shall be a sheriff of a county
144144 with a population under twenty-five thousand (25,000), as dete rmined
145145 by the latest Federal Decennial Census;
146146 7. One member appointed by the Oklahoma Association of Police
147147 Chiefs who shall be a chief of police representing a municipality
148148 with a population over ten thousand (10,000), as determined by the
149149 latest Federal Decennial Census;
150150 8. One member shall be appointed by the Board of Directors of
151151 the Oklahoma Sheriffs ' Association who shall be a sheriff of a
152152 county with a population of twenty -five thousand (25,000) or more,
153153 as determined by the latest Federal Decenni al Census;
154154 9. One member appointed by the Board of Directors of the
155155 Fraternal Order of Police who shall have experience as a training
156156 officer;
157157 10. One member appointed by the Chancellor of Higher Education
158158 who shall be a representative of East Central Un iversity;
159159 11. One member appointed by the Board of Directors of the
160160 Oklahoma Sheriffs and Peace Officers Association who shall be a
161161 full-time law enforcement officer in good standing with CLEET wit hin
162162 a county with a population under fifty thousand (50,00 0);
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189189 12. The President Pro Tempore of the Senate shall appoint one
190190 member from a list of three or more nominees submitted by a
191191 statewide organization representing cities and towns that is exempt
192192 from taxation under federal law and designated pursuant to th e
193193 provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a);
194194 and
195195 13. The Speaker of the House of Representatives shall appoint
196196 one member from a list of three or more nominees submitted by an
197197 organization that assists in the establishment of accr editation
198198 standards and training programs for law enforcement agencies
199199 throughout the State of Oklahoma.
200200 The Executive Director selected by the Council shall be an ex
201201 officio member of the Council a nd shall act as Secretary. The
202202 Council on Law Enforcement Education and Training shall select a
203203 chair and vice-chair from among its members. Members of the Council
204204 on Law Enforcement Education and Training shall not receive a salary
205205 for duties performed as members of the Council, but shall be
206206 reimbursed for their actual and necessary expenses incurred in the
207207 performance of Council duties pursuant to the provisions of the
208208 State Travel Reimbursement Act.
209209 B. The Council on Law Enforcement Education and Trai ning is
210210 hereby authorized and directed to:
211211 1. Appoint a larger Advisory Council to discuss problems and
212212 hear recommendations concerning necessary research, minimum
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239239 standards, educational needs, and other matters imperative to
240240 upgrading Oklahoma law enforc ement to professional status;
241241 2. Promulgate rules with re spect to such matters as
242242 certification, revocation, suspension, withdrawal and reinstatement
243243 of certification, minimum courses of study, testing and test scores,
244244 attendance requirements, equipment a nd facilities, minimum
245245 qualifications for instructors, min imum standards for basic and
246246 advanced in-service courses, and seminars for Oklahoma police and
247247 peace officers;
248248 3. Authorize research, basic and advanced courses, and seminars
249249 to assist in program p lanning directly and through subcommittees;
250250 4. Authorize additional staff and services necessary for
251251 program expansion;
252252 5. Recommend legislation necessary to upgrade Oklahoma law
253253 enforcement to professional status;
254254 6. Establish policies and regulations concerning the number,
255255 geographic and police unit distribu tion, and admission requirements
256256 of those receiving tuition or scholarship aid available through the
257257 Council. Such waiver of costs shall be limited to duly appointed
258258 members of legally constituted local, county, and state law
259259 enforcement agencies on the b asis of educational and financial need;
260260 7. Appoint an Executive Director and an Assistant Director to
261261 direct the staff, inform the Council of compliance with the
262262 provisions of this section and perf orm such other duties imposed on
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289289 the Council by law. An E xecutive Director appointed by the Council
290290 must qualify for the position with a bachelor or higher degree in
291291 law enforcement from an accredited college or university, or a
292292 bachelor or higher degree in a law-enforcement-related subject area,
293293 and a minimum of five (5) years of active law enforcement experience
294294 including, but not limited to, responsibility for enforcement,
295295 investigation, administration, training, or curriculum
296296 implementation.
297297 The Executive Director of the Council on Law Enforcement
298298 Education and Training may commission CLEET staff as peace officers
299299 for purposes consistent with the duties of CLEET as set out in state
300300 law. The powers and duties conferred on the Executive Director or
301301 any staff member appointed by the Executive Director as a peace
302302 officer shall not limit the powers and duties of other peace
303303 officers of this state or any political subdivision thereof. The
304304 Executive Director or any staff member appointed by the Executive
305305 Director as a peace officer may, upon request, assist any fede ral,
306306 state, county or municipal law enforcement agency;
307307 8. Enter into contracts and agreements for the payment of
308308 classroom space, food, and lodging expenses as may be necessary for
309309 law enforcement officers attending any official course of
310310 instruction approved or conducted by the Council. Such expenses may
311311 be paid directly to the contracting agency or business
312312 establishment. The food and lodging expenses for each law
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339339 enforcement officer shall not exceed the authorized rates as
340340 provided for in the State T ravel Reimbursement Act; provided,
341341 however, the Council may provide food and lodging to law enforcement
342342 officials attending any official course of instruction approved or
343343 conducted by the Council ra ther than paying for the provision of
344344 such food and lodgin g by an outside contracting agency or business
345345 establishment;
346346 9. a. Certify canine teams, consisting of a dog and a
347347 handler working together as a team, trained to detect:
348348 (1) controlled dangerous su bstances, or
349349 (2) explosives, explosive materials, explosiv e
350350 devices, or materials which could be used to
351351 construct an explosive device;
352352 provided, the dog of a certified canine team shall not
353353 be certified at any time as both a drug dog and a bomb
354354 dog, and any dog of a certified canine team who has
355355 been previously certified as either a drug dog or a
356356 bomb dog shall not be eligible at any time to be
357357 certified in the other category.
358358 b. Upon retiring the dog from the service it was
359359 certified to perform, the law e nforcement department
360360 that handled the dog shall retain po ssession of the
361361 dog. The handler shall have first option of adopting
362362 the dog. If that option is not exercised, the law
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389389 enforcement department shall provide for its adoption.
390390 Once adopted the dog shall not be placed back into
391391 active service;
392392 10. Enter into a lease, loan or other agreement with the
393393 Oklahoma Development Finance Authority or a local public trust for
394394 the purpose of facilitating the financing of a new facility for its
395395 operations and use and pledge, to the extent authorized by law, all
396396 or a portion of its receipts of the assessment penalty herein
397397 referenced for the payment of its obligations under such lease, loan
398398 or other agreement. It is the intent of the Legislature to increase
399399 the assessment penalty to such a level or appropriate sufficien t
400400 monies to the Council on Law Enforcement Education and Training to
401401 make payments on the lease, loan or other agreement for the purpose
402402 of retiring the bonds to be issued by the Oklahoma Developmen t
403403 Finance Authority or local public trust. Such lease, lo an or other
404404 agreement and the bonds issued to finance such facilities shall not
405405 constitute an indebtedness of the State of Oklahoma or be backed by
406406 the full faith and credit of the State of Oklahoma , and the lease,
407407 loan or other agreement and the bonds sha ll contain a statement to
408408 such effect;
409409 11. Accept gifts, bequests, devises, contributions and grants,
410410 public or private, of real or personal property;
411411 12. Appoint an advisory committee composed of representatives
412412 from security guard and private investiga tive agencies to advise the
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439439 Council concerning necessary research, minimum standards for
440440 licensure, education, and other matters related to licensure of
441441 security guards, security guard agencies, pri vate investigators, and
442442 private investigative agencies;
443443 13. Enter into agreements with individuals, educational
444444 institutions, agencies, and business and tribal entities for
445445 professional services, the use of facilities and supplies, and staff
446446 overtime costs incurred as a result of the user 's requests to
447447 schedule functions after-hours, on weekends, or anytime such
448448 requests extend staff beyond its normal capacity, whereby
449449 contracting individuals, educational institutions, agencies, and
450450 business and tribal ent ities shall pay a fee to be determined by the
451451 Council by rule. All fees collected pursuant to facilities usage
452452 shall be deposited to the credit of the C.L.E.E.T. Training Center
453453 Revolving Fund created pursuant to Section 3311.6 of this title.
454454 All other fees collected pursuant to these agreements shall be
455455 deposited to the credit of the Peace Officer Revolving Fund created
456456 pursuant to Section 3311.7 of this title. The Council is authorized
457457 to promulgate emergency rules to effectuate the provisions of this
458458 paragraph;
459459 14. Promulgate rules to establish a state fire arms
460460 requalification standard for active peace officers and meet any
461461 requirements imposed on the Council by the federal Law Enforcement
462462 Officers Safety Act of 2004;
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489489 15. Set minimal criteria relatin g to qualifications for chief
490490 of police administrative tra ining pursuant to Section 34 -102 of
491491 Title 11 of the Oklahoma Statutes, assist in developing a course of
492492 training for a Police Chief Administrative School, and approve all
493493 police chief administrative training offered in this state;
494494 16. Appoint a Curriculum Review Board to be composed of six (6)
495495 members as follows:
496496 a. one member shall be selected by the Chancellor for
497497 Higher Education, who possesses a background of
498498 creation and review of curriculum an d experience
499499 teaching criminal justice or law enforcement courses,
500500 who shall serve an initial term of one (1) year,
501501 b. one member shall represent a municipal jurisdiction
502502 with a population of fifty thousand (50,000) or more
503503 and who shall be a management -level CLEET-certified
504504 training officer, who shall serve an i nitial term of
505505 two (2) years,
506506 c. one member shall represent a county jurisdiction with
507507 a population of fifty thousand (50,000) or more and
508508 who shall be a management -level CLEET-certified
509509 training officer, who shall serve an initial term of
510510 three (3) years,
511511 d. one member shall represent a municipal jurisdiction
512512 with a population of less than fifty thousand (50,000)
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539539 and who shall be a CLEET -certified training officer,
540540 who shall serve an initial term of two (2) years,
541541 e. one member shall represent a county jur isdiction with
542542 a population of less than fifty thousand (50,000) and
543543 who shall be a CLEET -certified training officer, who
544544 shall serve an initial term of one (1) year, and
545545 f. one member selected by t he Oklahoma Department of
546546 Career and Technology, who shall have experience in
547547 the creation and review of curriculum as well as
548548 experience in teaching criminal justice or law
549549 enforcement courses, who shall serve an initial term
550550 of three (3) years.
551551 After the initial terms of office, all members shall be
552552 appointed to serve three-year terms. Any member may be reappointed
553553 to serve consecutive terms. Members shall serve without
554554 compensation, but may be reimbursed for travel expenses pursuant to
555555 the State Travel Reimbursement Act. The Board shall review and
556556 establish curriculum for all CLEET academies and training courses
557557 pursuant to procedures established by the Council on Law Enforcement
558558 Education and Training;
559559 17. Conduct review and verification of any recor ds relating to
560560 the statutory duties of CLEET;
561561 18. Receive requested reports including investigative reports,
562562 court documents, statements, or other applicable information from
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589589 local, county and state agencies and other agencies for use in
590590 actions where a certification or license issued by CLEET may be
591591 subject to disciplinary or other actions provided by law;
592592 19. Summarily suspend a certification of a peace officer,
593593 without prior notice but otherwise subject to administrative
594594 proceedings, if CLEET finds tha t the actions of the certified peace
595595 officer may present a danger to the peace officer, the public, a
596596 family or household member, or involve a crime against a minor. A
597597 certified copy of the information or indictment charging such a
598598 crime shall be consider ed clear and convincing evidence of the
599599 charge; and
600600 20. Approve law enforcement agencies and police departments in
601601 accordance with the following:
602602 a. this section applies only to an entity authorized by
603603 statute or by the Constitution to create a law
604604 enforcement agency or police department and
605605 commission, appoint, or employ officers that first
606606 creates or reactivates an inactive law enforcement
607607 agency or police department and first begins to
608608 commission, appoint, or employ officers on or after
609609 November 1, 2011,
610610 b. the entity shall submit to CLEET, a minimum of sixty
611611 (60) days prior to creation of the law enforcement
612612 agency or police department, information regarding:
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639639 (1) the need for the law enforcement agency or police
640640 department in the community,
641641 (2) the funding sources for the law enforcement
642642 agency or police depar tment, and proof that no
643643 more than fifty percent (50%) of the funding of
644644 the entity will be derived from ticket revenue or
645645 fines,
646646 (3) the physical resources available to officers,
647647 (4) the physical facilities that the law enforcement
648648 agency or police depart ment will operate
649649 including descriptions of the evidence room,
650650 dispatch area, restroom facilities, and public
651651 area,
652652 (5) law enforcement policies of the law enforcement
653653 agency or police department in cluding published
654654 policies on:
655655 (a) use of force,
656656 (b) vehicle pursuit,
657657 (c) mental health,
658658 (d) professional conduct of officers,
659659 (e) domestic abuse,
660660 (f) response to missing persons,
661661 (g) supervision of part-time officers, and
662662 (h) impartial policing,
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689689 (6) the administrative structure of the law
690690 enforcement agency or p olice department,
691691 (7) liability insurance, and
692692 (8) any other information CLEET requires by rule,
693693 c. within sixty (60) days of receiving an entity 's
694694 request, CLEET will forward to the entity by certi fied
695695 mail, return receipt requested, a letter of
696696 authorization or denial to create a law enforcement
697697 agency or police department and commission, appoint,
698698 or employ officers, signed by the Executive Director
699699 of CLEET, and
700700 d. in cases of denial, the entity m ay appeal the decision
701701 of the Executive Director to the fu ll CLEET Council.
702702 The Executive Director shall ensure that the final
703703 report is provided to all members of the Council. The
704704 Council shall review and make recommendations
705705 concerning the report at th e first meeting of the
706706 Council to occur after all members of the Council have
707707 received the report. The Council may, by majority
708708 vote:
709709 (1) order additional information be provided,
710710 (2) order confirmation of the opinion of the
711711 Executive Director, or
712712 (3) order authorization of the entity.
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739739 C. 1. Payment of any fee provided for in this section may be
740740 made by a nationally recognized credit or debit card issued to the
741741 applicant. The Council may publicly post and collect a fee for the
742742 acceptance of the national ly recognized credit or debit card not to
743743 exceed five percent (5%) of the amount of the payment. For purposes
744744 of this subsection, "nationally recognized credit card " means any
745745 instrument or device, whether known as a credit card, credit plate,
746746 charge plate, or by any other name, issued with or without fee by an
747747 issuer for the use of the cardholder in obtaining goods, services,
748748 or anything else of value and which is accepted by over one thousand
749749 merchants in this state. "Debit card" means an identification card
750750 or device issued to a person by a business organizat ion which
751751 permits such person to obtain access to or activate a consumer
752752 banking electronic facility. The Council shall determine which
753753 nationally recognized credit or debit cards will be accepted as
754754 payment for fees.
755755 2. Payment for any fee provided for in this title may be made
756756 by a business check. The Council may:
757757 a. add an amount equal to the amount of the service
758758 charge incurred, not to exceed three percent (3%) of
759759 the amount of the check as a service charge for the
760760 acceptance and verification of the check, or
761761 b. add an amount of no more than Five Dollars ($5.00) as
762762 a service charge for the acceptance and verification
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789789 of a check. For purposes of this subsection,
790790 "business check" shall not mean a money order,
791791 cashier's check, or bank certified check.
792792 D. Failure of the Legislature to appropriate necessary funds to
793793 provide for expenses and operations of the Council on Law
794794 Enforcement Education and Training shall not invalidate other
795795 provisions of this section relating to the creation and duties of
796796 the Council.
797797 E. 1. No person shall be eligible for employment as a peace
798798 officer or reserve peace officer until the employing law enforcement
799799 agency has conducted a background investigation of such per son
800800 consisting of the following:
801801 a. a fingerprint search s ubmitted to the Oklahoma State
802802 Bureau of Investigation with a return report to the
803803 submitting agency that such person has no felony
804804 record,
805805 b. a fingerprint search submitted to the Federal Bureau
806806 of Investigation with a return report to the
807807 submitting agency that such person has no felony
808808 record,
809809 c. such person has undergone psychological evaluation by
810810 a psychologist licensed by the State of Oklahoma and
811811 has been evaluated to be suitable to serve as a peace
812812 officer in the State of Oklahoma,
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839839 d. the employing agency has verified that such person has
840840 a high school diploma or a GED equivalency certificate
841841 as recognized by state law,
842842 e. such person is not participating in a deferred
843843 sentence agreement for a felony, a crime involving
844844 moral turpitude or a crime of domestic violence, and
845845 does not have any criminal charges pending in any
846846 court in this state, another state, in tribal court or
847847 pursuant to the United States Code,
848848 f. such person is not currently su bject to an order of
849849 the Council revoking, suspending, or accepting a
850850 voluntary surrender of peace officer certification,
851851 g. such person is not currently undergoing treatment for
852852 a mental illness, condition or disorder. For purposes
853853 of this subsection, "currently undergoing treatment
854854 for mental illness, conditio n or disorder" means the
855855 person has been diagnosed by a licensed physician,
856856 psychologist, or licensed mental health professional
857857 as being afflicted with a substantial disorder of
858858 thought, mood, perception, psychological orientation
859859 or memory that significa ntly impairs judgment,
860860 behavior, capacity to recognize reality, or ability to
861861 meet the ordinary demands of life and such condition
862862 continues to exist,
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889889 h. such person is twenty -one (21) years of age.
890890 Provided, this requirement shall not affect those
891891 persons who are already employed as a police or peace
892892 officer prior to November 1, 1985, and
893893 i. such person has provided proof of United States
894894 citizenship or resident alien status, pursuant to an
895895 employment eligibility verification form from the
896896 United States Citizenship and Immigration Services.
897897 2. To aid the evaluating psychologist in interpreting the test
898898 results including automated scoring and interpretations, the
899899 employing agency shall provide the p sychologist a statement
900900 confirming the identity of the ind ividual taking the test as the
901901 person who is employed or seeking employment as a peace officer of
902902 the agency and attesting that it administered the psychological
903903 instrument in accordance with standa rds within the test document.
904904 The psychologist shall repo rt to the employing agency the evaluation
905905 of the assessment instrument and may include any additional
906906 recommendations to assist the employing agency in determining
907907 whether to certify to the Council on Law Enforcement Education and
908908 Training that the person being evaluated is suitable to serve as a
909909 peace officer in the State of Oklahoma. No additional procedures or
910910 requirements shall be imposed for performance of the psychological
911911 evaluation. The psy chological instrument utilized shall be
912912 evaluated by a psychologist licensed by the State of Oklahoma, and
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939939 the employing agency shall certify to the Council that the
940940 evaluation was conducted in accordance with this provision and that
941941 the employee or applic ant is suitable to serve as a peace officer in
942942 the State of Oklahoma.
943943 a. Any person found not to be suitable for employment or
944944 certification by the Council shall not be employed,
945945 retained in employment as a peace officer, or
946946 certified by the Council for at least one (1) year, at
947947 which time the employee or applica nt may be
948948 reevaluated by a psychologist licensed by the State of
949949 Oklahoma. This section shall also be applicable to
950950 all reserve peace officers in the State of Oklahoma.
951951 b. Any person who is certifi ed by CLEET and has undergone
952952 the psychological evaluation required by this
953953 subparagraph and has been found to be suitable as a
954954 peace officer shall not be required to be reevaluated
955955 for any subsequent employment as a peace officer
956956 following retirement or a ny break in service as a
957957 peace officer, unless such break in service exceeds
958958 five (5) years or the Council determines that a peace
959959 officer may present a danger to himself or herself,
960960 the public, or a family or household member.
961961 c. All persons seeking certi fication shall have their
962962 name, gender, date of birth, and address of such
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989989 person submitted to the Department of Mental Health
990990 and Substance Abuse Services by the Council. The
991991 Department of Mental Health and Substance Abuse
992992 Services shall respond to the C ouncil within ten (10)
993993 days whether the computerized recor ds of the
994994 Department indicate the applicant has ever been
995995 involuntarily committed to an Oklahoma state mental
996996 institution. In the event that the Department of
997997 Mental Health and Substance Abuse Serv ices reports to
998998 the Council that the applicant has been in voluntarily
999999 committed, the Council shall immediately inform the
10001000 employing agency.
10011001 All basic police courses shall include a minimum of four (4)
10021002 hours of education and training in recognizing and mana ging a person
10031003 appearing to require mental health treatment or services. The
10041004 training shall include training in crime and drug prevention, crisis
10051005 intervention, youth and family intervention techniques, recognizing,
10061006 investigating and preventing abuse and ex ploitation of elderly
10071007 persons, mental health issues, and c riminal jurisdiction on
10081008 Sovereign Indian Land.
10091009 Subject to the availability of funding, for full -time salaried
10101010 police or peace officers a basic police course academy shall consist
10111011 of a minimum of six hundred (600) hours.
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10381038 For reserve deputies a basic reserve academy shall consist of a
10391039 minimum of two hundred forty (240) hours.
10401040 3. Beginning January 1, 2018, any reserve peace officer who has
10411041 completed the two-hundred-forty-hour reserve peace officer
10421042 certification program and who has been in active service in th at
10431043 capacity for the past six (6) months shall be eligible to attend a
10441044 three-hundred-sixty-hour basic full-time training academy to become
10451045 certified as a full-time peace or police officer.
10461046 4. Every person who has not been certified as a police or peace
10471047 officer and is duly appointed or elected as a police or peace
10481048 officer shall hold such position on a temporary basis only, and
10491049 shall, within six (6) months from the date of appointment or taking
10501050 office, qualify as required in this subsection or forfeit such
10511051 position. In computing the time for qualification, all service
10521052 shall be cumulative from date of first appointment or taking office
10531053 as a police or peace officer with any department in this state.
10541054 a. The Council may extend the time requirement specified
10551055 in this paragraph for good cause as determined by the
10561056 Council.
10571057 b. A duty is hereby imposed upon the employing agency to
10581058 withhold payment of the compensation or wage of such
10591059 unqualified officer.
10601060 c. If the police or peace officer fails to forfeit the
10611061 position or the employing agency fails to require the
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10881088 officer to forfeit the position, the district attorney
10891089 shall file the proper action to cause the forfeiting
10901090 of such position. The district court of the cou nty
10911091 where the officer is employed shall have jurisdiction
10921092 to hear the case.
10931093 5. The Council may certify officers who have completed a course
10941094 of study in another state deemed by the Council to meet standards
10951095 for Oklahoma peace officers providing the officer 's certification in
10961096 the other state has not been revoked o r voluntarily surrendered and
10971097 is not currently under suspension.
10981098 6. For purposes of this section, a police or peace officer is
10991099 defined as a full-time duly appointed or elected officer who is paid
11001100 for working more than twenty-five (25) hours per week and w hose
11011101 duties are to preserve the public peace, protect life and property,
11021102 prevent crime, serve warrants, transport prisoners, and enforce laws
11031103 and ordinances of this state, or any political subdivisi on thereof;
11041104 provided, elected sheriffs and their deputies and elected,
11051105 appointed, or acting chiefs of police shall meet the requirements of
11061106 this subsection within the first six (6) months after assuming the
11071107 duties of the office to which they are elected or appointed or for
11081108 which they are an acting chief; provided further, that this section
11091109 shall not apply to persons designated by the Director of the
11101110 Department of Corrections as peace officers pursuant to Section 510
11111111 of Title 57 of the Oklahoma Statutes.
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11381138 7. Beginning November 1, 2022, the Council shall provide law
11391139 enforcement officers the option to complete al l in-person classroom
11401140 coursework for basic peace officer certification through an online
11411141 training course conducted by the Council.
11421142 F. No person shall be certif ied as a police or peace officer by
11431143 the Council or be employed by the state, a county, a city, or any
11441144 political subdivision thereof, who is currently subject to an order
11451145 of the Council revoking, suspending, or accepting a voluntar y
11461146 surrender of peace offic er certification or who has been convicted
11471147 of a felony, a crime involving moral turpitude, or a crime of
11481148 domestic violence, unless a full pardon has been granted by the
11491149 proper agency; however, any person who has been trained and
11501150 certified by the Council on Law Enforcement Education and Training
11511151 and is actively employed as a full -time peace officer as of November
11521152 1, 1985, shall not be subject to the provisions of this subsection
11531153 for convictions occurring prior to November 1, 1985.
11541154 G. 1. The Council is here by authorized to provide to any
11551155 employing agency the following information regarding a person who is
11561156 or has applied for employment as a police or peace officer of such
11571157 employing agency:
11581158 a. Oklahoma State Bureau of Investigation an d Federal
11591159 Bureau of Investigation reports,
11601160 b. administration of the psychol ogical tests provided for
11611161 herein,
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11881188 c. performance in the course of study or other basis of
11891189 certification,
11901190 d. previous certifications issued, and
11911191 e. any administrative or judicial det ermination denying
11921192 certification.
11931193 2. An employing agency shall not be liab le in any action
11941194 arising out of the release of contents of personnel information
11951195 relevant to the qualifications or ability of a person to perform the
11961196 duties of a police or peace off icer when such information is
11971197 released pursuant to written authorization fo r release of
11981198 information signed by such person and is provided to another
11991199 employing agency which has employed or has received an application
12001200 for employment from such person.
12011201 3. As used in this subsection, "employing agency" means a
12021202 political subdivision o r law enforcement agency which either has
12031203 employed or received an employment application from a person who, if
12041204 employed, would be subject to this section.
12051205 H. 1. A law enforcement agency employing police or peace
12061206 officers in this state shall report the hi ring, resignation, or
12071207 termination for any reason of a police or peace officer to the
12081208 Council within ten (10) days. Failure to comply with the provisions
12091209 of this subsection may disq ualify a law enforcement a gency from
12101210 participating in training programs spo nsored by the Council. Every
12111211 law enforcement agency employing police or peace officers in this
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12381238 state shall submit to CLEET on or before October 1 of each calendar
12391239 year a complete list of all commissioned em ployees with a current
12401240 mailing address and phone number for each such employee. In
12411241 addition to the above, CLEET may impose an administrative fine for
12421242 violations of this section.
12431243 2. A tribal law enforcement agency that has peace officers
12441244 commissioned by an Oklahoma law enforcement agency pursuant to a
12451245 cross-deputization agreement with the State of Oklahoma or any
12461246 political subdivision of the State of Oklahoma pursuant to the
12471247 provisions of Section 1221 of Title 74 of the Oklahoma S tatutes
12481248 shall report the commissioning, resignation, or termination of
12491249 commission for any reason of a cross -deputized tribal police or
12501250 peace officer to CLEET within ten (10) days of the commissioning,
12511251 resignation, or termination. Failure to comply with th e provisions
12521252 of this subsection may disqualify a tribal law enforcement age ncy
12531253 from participating in training programs sponsored by the Council.
12541254 I. It is unlawful for any person to willfully make any
12551255 statement in an application to CLEET knowing the statem ent is false
12561256 or intentionally commit fraud in any application to the Counci l for
12571257 attendance in any CLEET -conducted or CLEET-approved peace officer
12581258 academy or Collegiate Officer Program or for the purpose of
12591259 obtaining peace officer certification or reinstat ement. It is
12601260 unlawful for any person to willfully submit false or fraudule nt
12611261 documents relating to continuing education rosters, transcripts or
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12881288 certificates, or any canine license application. Any person
12891289 convicted of a violation of this subsection shall be guilty of a
12901290 felony punishable by imprisonment in the Department of Corre ctions
12911291 for a term of not less than two (2) years nor more than five (5)
12921292 years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
12931293 or by both such fine and imprisonment. I n addition to the above,
12941294 CLEET may impose an administrative fine.
12951295 J. 1. A police or peace officer shall be subject to
12961296 disciplinary action to include a denial, suspension, revocation or
12971297 acceptance of voluntary surrender of peace officer certification
12981298 upon a showing of clear and co nvincing evidence for the following:
12991299 a. conviction of a felony or a crime of domestic
13001300 violence,
13011301 b. conviction of a misdemeanor involving moral turpitude;
13021302 provided, if the conviction is a single isolated
13031303 incident that occurred more than five (5) years ago
13041304 and the Council is satisfied that the person has b een
13051305 sufficiently rehabilitated, the Council may, in its
13061306 discretion, certify such person providing that all
13071307 other statutory requirements have been met,
13081308 c. a verdict of guilt or entry of a plea of guilty or
13091309 nolo contendere or an "Alford" plea or any plea oth er
13101310 than a not guilty plea for a felony offense, a crime
13111311 of moral turpitude, or a crime of domestic violence,
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13381338 d. falsification or a willful misrepresentation of
13391339 information in an emp loyment application or
13401340 application to the Council on Law Enforcement
13411341 Education and Training, records of evidence, or in
13421342 testimony under oath,
13431343 e. revocation or voluntary surrender of police or peace
13441344 officer certification in another state for a violation
13451345 of any law or rule or in sett lement of any
13461346 disciplinary action in such state,
13471347 f. involuntary commitment of a reserve or peace officer
13481348 in a mental institution or licensed private mental
13491349 health facility for any mental illness, condition or
13501350 disorder that is diag nosed by a licensed physic ian,
13511351 psychologist or a licensed mental health pro fessional
13521352 as a substantial disorder of thought, mood,
13531353 perception, psychological orientation, or memory that
13541354 significantly impairs judgment, behavior, capacity to
13551355 recognize reality, or ability to meet the ord inary
13561356 demands of life. Provided, the peace offic er
13571357 certification may be reinstated upon the Council
13581358 receiving notification of a psychological evaluation
13591359 conducted by a licensed physician, psychologist or
13601360 licensed mental health pr ofessional which attests a nd
13611361 states by affidavit that the officer and the
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13881388 evaluation test data of the officer have been examined
13891389 and that, in the professional opinion of the
13901390 physician, psychologist or licensed mental health
13911391 professional, the officer is psy chologically suitable
13921392 to return to duty as a peace officer. Notwithstandin g
13931393 any other provision of state law pertaining to
13941394 confidentiality of hospital or other medical records,
13951395 and as allowable under federal law, CLEET may subpoena
13961396 or request a court to s ubpoena records necessary to
13971397 assure compliance with these provisions. Any
13981398 confidential information received by CLEET for such
13991399 purpose shall retain its confidential character while
14001400 in the possession of CLEET,
14011401 g. abuse of office,
14021402 h. entry of a final order o f protection against appli cant
14031403 or officer, or
14041404 i. any violation of the Oklah oma Private Security
14051405 Licensing Act.
14061406 2. Disciplinary proceedings shall be commenced by filing a
14071407 complaint with the Council on a form approved by the Council. Any
14081408 employing agency or other person having info rmation may submit such
14091409 information to the Counci l for consideration as provided in this
14101410 subsection.
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14371437 3. Upon the filing of the complaint, a preliminary
14381438 investigation shall be conducted to determine whether:
14391439 a. there is reason to believe the person has vio lated any
14401440 provision of this subsection or any oth er provision of
14411441 law or rule, or
14421442 b. there is reason to believe the person has been
14431443 convicted of a felony, a crime involving moral
14441444 turpitude or a domestic violence offense or is
14451445 currently participating in a de ferred sentence for
14461446 such offenses.
14471447 4. When the investigation of a complaint does not find the
14481448 person has violated any of the provisions of this subsection, or
14491449 finds that the person is sufficiently rehabilitated as provided in
14501450 subparagraph b or f of paragr aph 1 of this subsection, no
14511451 disciplinary action shall be required and the person shall remain
14521452 certified as a police or peace officer. When the investigation of a
14531453 complaint finds that the person has violated any of the provisions
14541454 of this subsection, the m atter shall be referred for disciplinary
14551455 proceedings. The disciplinary proceedings shall be in accordance
14561456 with Articles I and II of the Administrative Procedures Act.
14571457 5. The Council shall revoke the certification of any person
14581458 upon determining that such person has been convicted of a felony or
14591459 a crime involving moral turpitude or a domestic violence offense or
14601460 has entered a plea of guilty, or nolo contendere or an "Alford" plea
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14871487 or any plea other than a not guilty plea for a felon y offense, a
14881488 crime of moral turpitude or a crime of domestic violence or is the
14891489 respondent in a final Victims Protective Order; provided, that if
14901490 the conviction has been reversed, vacated or otherwise invalidated
14911491 by an appellate court, such conviction shal l not be the basis for
14921492 revocation of certification; provided further, that any person who
14931493 has been trained and certified by the Council on Law Enforcement
14941494 Education and Training and is actively employed as a full -time peace
14951495 officer as of November 1, 1985, shall not be subject to th e
14961496 provisions of this subsection for convictions o ccurring prior to
14971497 November 1, 1985. The sole issue to be determined at the hearing
14981498 shall be whether the person has been convicted of a felony, a crime
14991499 involving moral turpitude or a domestic violence offens e or is the
15001500 named respondent/defendant in a final Victims Protective Order.
15011501 6. The Council shall revoke the certification of any person
15021502 upon determining that such person has received a deferred sentence
15031503 for a felony, a crime invo lving moral turpitude or a domestic
15041504 violence offense.
15051505 7. The Council may s uspend the certification of any person upon
15061506 a determination that such person has been involuntarily committed to
15071507 a mental institution or mental health facility for a mental illness,
15081508 condition or disorder as provided in subparagraph f of paragraph 1
15091509 of this subsection.
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15361536 8. Every law enforcement agency in this state shall, within
15371537 thirty (30) days of a final order of termination or resignation
15381538 while under investigation of a CLEET -certified peace officer, report
15391539 such order or resignation in writing to the Execu tive Director of
15401540 the Council. Any report, upon receipt by the Council, shall be
15411541 considered as personnel records and shall be afforded confidential
15421542 protection pursuant to Sections 2 4A.7 and 24A.8 of Title 51 of the
15431543 Oklahoma Statutes. Any medical or other confidential records
15441544 obtained by subpoena pursuant to this subsection shall not be made a
15451545 part of such report. The Executive Director shall ensure that the
15461546 report is provided to al l members of the Council. The Council shall
15471547 review and make recommendation s concerning the report at the first
15481548 meeting of the Council to occur after all members of the Council
15491549 have received the report. The Council may, by a majority vote,
15501550 order the suspension, for a given period of time, or revocation of
15511551 the CLEET certification of the peace officer in question if there
15521552 are grounds for such actions pursuant to this section and the peace
15531553 officer in question has been provided with notice and an opportunity
15541554 for a hearing pursuant to t he Administrative Procedures Act.
15551555 Suspension or revocation of CLEET certification pursuant to this
15561556 paragraph shall be reported to the district attorney for the
15571557 jurisdiction in which the peace officer was employed, to the
15581558 liability insurance company of the law enforcement agency that
15591559 employed the peace o fficer, the chief elected official of the
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15861586 governing body of the law enforcement agency and the chief law
15871587 enforcement officer of the law enforcement agency.
15881588 9. For all other violati ons of this subsection, th e hearing
15891589 examiner shall take into consideration the severity of the
15901590 violation, any mitigating circumstances offered by the person
15911591 subject to disciplinary action, and any other evidence relevant to
15921592 the person's character to determ ine the appropriate discip linary
15931593 action.
15941594 10. a. A police or peace officer m ay voluntarily surrender
15951595 and relinquish the peace officer certification to
15961596 CLEET. Pursuant to such surrender or relinquishment,
15971597 the person surrendering the certification shall be
15981598 prohibited from applying to CLEET for reinstatement
15991599 within five (5) years of the date of the surrender or
16001600 relinquishment, unless otherwise provided by law for
16011601 reinstatement.
16021602 b. No person who has had a police or peace officer
16031603 certification from another state revoked or
16041604 voluntarily surrendered and has not been reinstated by
16051605 that state shall be considered for certification by
16061606 CLEET.
16071607 c. Any person seeking reinstatement of police or peace
16081608 officer certification which has been suspended,
16091609 revoked, or voluntarily sur rendered may apply for
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16361636 reinstatement pursuant to promulgated CLEET rules
16371637 governing reinstatement. Except as provided in this
16381638 subsection, any person whose certification has been
16391639 revoked, suspended or voluntarily surrendered for any
16401640 reason including failure to comply with mandatory
16411641 education and training requirements, shall pay a
16421642 reinstatement fee of One Hundred Fifty Dollars
16431643 ($150.00) to be deposited to the credit of the Peace
16441644 Officer Revolving Fund created pursuant to Section
16451645 3311.7 of this title.
16461646 11. A duty is hereby imposed upon the district attorney who, on
16471647 behalf of the State of Oklahoma, prosecutes a person holding police
16481648 or peace officer or reserve peace officer certification for a
16491649 felony, a crime involving moral turpitude, or a crime of domestic
16501650 violence in which a plea of g uilty, nolo contendere, or an "Alford"
16511651 plea or any other plea other than a not guilty plea or other finding
16521652 of guilt is entered by, against or on behalf of a certified police
16531653 or peace officer to report such plea, agreement, or oth er finding of
16541654 guilt to the Council on Law Enforcement Education and Trainin g
16551655 within ten (10) days of such plea agreement or the finding of guilt.
16561656 12. Any person or agency required or authorized to submit
16571657 information pursuant to this section to the Council shall be immune
16581658 from liability arising from the submission of the informat ion as
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16851685 long as the information was submitted in good faith and without
16861686 malice.
16871687 13. Any peace officer employed by a law enforcement agency in
16881688 this state which has internal disciplin e policies and procedures on
16891689 file with CLEET shall be exempt from the disci plinary proceedings
16901690 and actions provided for in this subsection; provided, however, such
16911691 exemption shall not apply if the peace officer has been convicted of
16921692 a felony crime, a crime of moral turpitude, or a crime of domestic
16931693 violence.
16941694 14. All criminal pro ceedings initiated against a CLEET -
16951695 certified peace officer or reserve peace officer shall be reported
16961696 by the officer to CLEET immediately after arrest or discovery of the
16971697 filing of such criminal proceeding. All CLEET-certified peace
16981698 officers and reserve p eace officers shall be required to report when
16991699 a Victim Protective Order has been issued against the officer
17001700 including orders issued on an emergency basis and all final orders
17011701 of protection. Failure to give notice pursuant to the provisions of
17021702 this paragraph may be cause to initiate an action against the
17031703 officer by CLEET.
17041704 15. As used in this subsection:
17051705 a. "law enforcement agency " means any department or
17061706 agency of the state, a coun ty, a municipality, or
17071707 political subdivision thereof, with the duties to
17081708 maintain public order, make arrests, and enforce the
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17351735 criminal laws of this state or municipal ordinances,
17361736 which employs CLEET-certified personnel,
17371737 b. "final order of termination " means a final notice of
17381738 dismissal from employment provided after all
17391739 grievance, arbitration, and court actions have been
17401740 completed, and
17411741 c. "resignation while under investigation " means the
17421742 resignation from employment of a peace officer who is
17431743 under investigation for any felony violatio n of law, a
17441744 crime of moral turpitude, a crime of domestic
17451745 violence, or the resignation from employment of a
17461746 peace officer as part of an arbitration or plea
17471747 agreement.
17481748 K. 1. Every canine team in the state trained to detect
17491749 controlled dangerous substances shall be certified, by test, in the
17501750 detection of such controlled dangerous substances and shall be
17511751 recertified annually so long as the canine is used for such
17521752 detection purposes. The certification test and annual
17531753 recertification test provisions of this su bsection shall not be
17541754 applicable to canines that are owned by a law enforcement agency and
17551755 that are certified and annually recertified in the detection of
17561756 controlled dangerous substances by the United States Customs
17571757 Service. No employee of CLEET may be in volved in the training or
17581758 testing of a canine tea m.
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17851785 2. The Council shall appoint a Drug Dog Advisory Council to
17861786 make recommendations concerning minimum standards, educational
17871787 needs, and other matters imperative to the certificati on of canines
17881788 and canine teams trained to detect controlled dangerous subst ances.
17891789 The Council shall promulgate rules based upon the recommendations of
17901790 the Advisory Council. Members of the Advisory Council shall
17911791 include, but need not be limited to, a comm issioned officer with
17921792 practical knowledge of such canines and canine teams from each of
17931793 the following:
17941794 a. the Oklahoma State Bureau of Narcotics and Dangerous
17951795 Drugs Control,
17961796 b. the Department of Public Safety,
17971797 c. a police department,
17981798 d. a sheriff's office, and
17991799 e. a university or college campus police department.
18001800 3. The fee for the certification test shall be Two Hundred
18011801 Dollars ($200.00) and the annual recertification test fee shall be
18021802 One Hundred Dollars ($100.00) per canine team. A retest fee of
18031803 Fifty Dollars ($50.00) will be ch arged if the team fails the test.
18041804 No such fee shall be charged to any local, state or federal
18051805 government agency. The fees provided for in this paragraph shall be
18061806 deposited to the credit of the CLEET Fund created pursuant to
18071807 Section 1313.2 of Title 20 of the Oklahoma Statutes.
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18341834 L. 1. Every canine team in the state trained to detect
18351835 explosives, explosive materials, explosive devices, and materials
18361836 which could be used to construct an explosive device shall be
18371837 certified, by test, in the detection of such exp losives and
18381838 materials and shall be recertified an nually so long as the canine is
18391839 used for such detection purposes. The certification test and annual
18401840 recertification test provisions of this subsection shall not be
18411841 applicable to canines that are owned by a law enforcement agency if
18421842 such canines are certif ied and annually recertified in the detection
18431843 of explosives and materials by the United States Department of
18441844 Defense. No employee of CLEET may be involved in the training or
18451845 testing of a canine team.
18461846 2. The Council shall appoint a Bomb Dog Advisory Counc il to
18471847 make recommendations concerning minimum standards, educational
18481848 needs, and other matters imperative to the certification of canines
18491849 and canine teams trained to detect explosive s, explosive materials,
18501850 explosive devices and materials which could be used to construct an
18511851 explosive device. The Council shall promulgate rules based upon the
18521852 recommendations of the Advisory Council. Members of the Advisory
18531853 Council shall include, but ne ed not be limited to, a co mmissioned
18541854 officer with practical knowledge of su ch canines and canine teams
18551855 from each of the following:
18561856 a. the Department of Public Safety,
18571857 b. a police department,
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18841884 c. a sheriff's office, and
18851885 d. a university or college campus poli ce department.
18861886 3. The fee for the certification test shall be Two Hundred
18871887 Dollars ($200.00) and the annual recertification test fee shall be
18881888 One Hundred Dollars ($100.00) per canine team. A retest fee of
18891889 Fifty Dollars ($50.00) will be charged if the team fails the test.
18901890 No such fee shall be charged to any local, state or feder al
18911891 government agency. The fees provided for in this paragraph shall be
18921892 deposited to the credit of the CLEET Fund created pursuant to
18931893 Section 1313.2 of Title 20 of the Oklahoma Stat utes.
18941894 M. All tribal polic e officers of any Indian tribe or nation who
18951895 have been commissioned by an Oklahoma law enforcement agency
18961896 pursuant to a cross-deputization agreement with the State of
18971897 Oklahoma or any political subdivision of the State of Oklahoma
18981898 pursuant to the provisions of Section 1221 of Title 74 of the
18991899 Oklahoma Statutes shall be eligible for peace officer certification
19001900 under the same terms and conditions required of members of the law
19011901 enforcement agencies of the State of Oklahoma and its polit ical
19021902 subdivisions. CLEET shall issue peace officer certification to
19031903 tribal police officers who, as of July 1, 2003, are commissioned by
19041904 an Oklahoma law enforcement agency pursuant to a cross -deputization
19051905 agreement with the State of Oklahoma or any politic al subdivision of
19061906 the State of Oklahoma pursuant to the provisions of Secti on 1221 of
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19331933 Title 74 of the Oklahoma Statutes and have met the training and
19341934 qualification requirements of this section.
19351935 N. If an employing law enforcement agency in this state has
19361936 paid for CLEET training and the salary of a person while that person
19371937 is completing in this state a basic police course approved by the
19381938 Council and if within one (1) year after initial employment with the
19391939 original employing agency that person resigns and is hired by
19401940 another law enforcement agency in this state, the second agency or
19411941 the person receiving the training shall reimburse the original
19421942 employing agency for the cost of CLEET training and salary paid to
19431943 the person while completing the basic police cours e by the original
19441944 employing agency. If the person leaves the original empl oying
19451945 agency later than one (l) year, but less than two (2) years, after
19461946 the initial employment, the second agency or the person receiving
19471947 the training shall reimburse the original employing agency fifty
19481948 percent (50%) of the cost of CLEET training and sala ry paid to the
19491949 person while completing the basic police course by the original
19501950 employing agency. CLEET shall not be a party to any court action
19511951 based on this provision.
19521952 O. The Council on Law Enforcement Ed ucation and Training, in
19531953 its discretion, may waiv e all or part of any moneys due to the
19541954 Council, if deemed uncollectable by the Council.
19551955 P. Peace officers, reserve peace officers, tribal peace
19561956 officers, agencies, bail enforcers, security guards and privat e
19571957
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19831983 investigators shall maintain with the Council c urrent mailing
19841984 addresses and shall notify the Council, in writing, of any change of
19851985 address or name. Notification of change of name shall require
19861986 certified copies of any marriage l icense or other court docu ment
19871987 which reflects the change of name. Notice o f change of address or
19881988 telephone number must be made within ten (10) days of the effected
19891989 change. Notices shall not be accepted over the phone. In any
19901990 proceeding in which the Coun cil is required to serve n otice or an
19911991 order on an individual or an agency, the Council may send a letter
19921992 to the mailing address on file with the Council. If the letter is
19931993 returned and a notation of the U.S. Postal Service indicates
19941994 "unclaimed", or "moved", or "refused" or any other nondelivery
19951995 markings and the records of the Cou ncil indicate that no change of
19961996 address as required by this subsection has been received by the
19971997 Council, the notice and any subsequent notices or orders shall be
19981998 deemed by the Court as having been legally se rved for all purposes.
19991999 Q. All CLEET records of B ail Enforcers may be released only in
20002000 compliance with this section and the Oklahoma Bail Enforcement and
20012001 Licensing Act. All records in CLEET possession concerning other
20022002 persons or entities shall be released only in compliance with this
20032003 section and the Oklahoma Open Records Act.
20042004 SECTION 2. This act shall become effective November 1, 2022.
20052005
20062006 58-2-10006 GRS 01/09/22