Req. No. 10006 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3804 By: Roberts (Sean)
AS INTRODUCED
An Act relating to the Council on Law Enforcement
Education and Training; amending 70 O.S. 2021,
Section 3311, which relates to t he Council on Law
Enforcement Education and Train ing; authorizing
online training course; and providing an effective
date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 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, privileges 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 through 3311.15 of
this title and in the Oklahoma Security Guard and Private
Req. No. 10006 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Investigator Act and the Oklahoma Bail Enforcement and Licensing
Act. The Council shall be authorized to require agency employees
and the employees of agency contractors in positions to have access
to Oklahoma Peace Officer records, Oklahoma Security Guard and
Private Investigator records, Oklahoma Bail Enforcement and
Licensing Act records, to be subject to a criminal history search by
the Oklahoma State Bureau of Investigation, as well as be
fingerprinted for submission of the fingerprints through the
Oklahoma State Bureau of Investigation to the Federal Bureau of
Investigation for a national criminal history check. The Council
shall be the recipient of the results of the record check. In
accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,
this includes a national criminal record with a finger print
analysis. The Council shall be composed of 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 the 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;
Req. No. 10006 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. One member appointed by the Governor who shall be a chief of
police of a municipality with a population over one hundred thou sand
(100,000), as determined by the latest Federal Decennial Census;
6. One member appointed by the Board of Directors of the
Oklahoma Sheriffs' Association who shall be a sheriff of a county
with a population under twenty-five thousand (25,000), as dete rmined
by the latest Federal Decennial Census;
7. One member appointed by the Oklahoma Association of Police
Chiefs who shall be a chief of police representing a municipality
with a population over ten thousand (10,000), as determined by the
latest Federal Decennial Census;
8. One member shall be appointed by the Board of Directors of
the Oklahoma Sheriffs ' Association who shall be a sheriff of a
county with a population of twenty -five thousand (25,000) or more,
as determined by the latest Federal Decenni al Census;
9. One member appointed by the Board of Directors of the
Fraternal Order of Police who shall have experience as a training
officer;
10. One member appointed by the Chancellor of Higher Education
who shall be a representative of East Central Un iversity;
11. One member appointed by the Board of Directors of the
Oklahoma Sheriffs and Peace Officers Association who shall be a
full-time law enforcement officer in good standing with CLEET wit hin
a county with a population under fifty thousand (50,00 0);
Req. No. 10006 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
12. The President Pro Tempore of the Senate shall appoint one
member from a list of three or more nominees submitted by a
statewide organization representing cities and towns that is exempt
from taxation under federal law and designated pursuant to th e
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 accr editation
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 a nd 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 Trai ning is
hereby authorized and directed to:
1. Appoint a larger Advisory Council to discuss problems and
hear recommendations concerning necessary research, minimum
Req. No. 10006 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
standards, educational needs, and other matters imperative to
upgrading Oklahoma law enforc ement to professional status;
2. Promulgate rules with re spect to such matters as
certification, revocation, suspension, withdrawal and reinstatement
of certification, minimum courses of study, testing and test scores,
attendance requirements, equipment a nd facilities, minimum
qualifications for instructors, min imum 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 p lanning 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 regulations concerning the number,
geographic and police unit distribu tion, 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 constituted local, county, and state law
enforcement agencies on the b asis 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 perf orm such other duties imposed on
Req. No. 10006 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the Council by law. An E xecutive Director appointed by the Council
must qualify for the position with a bachelor or higher degree in
law enforcement from an accredited college or university, or a
bachelor or higher degree in a law-enforcement-related subject area,
and a minimum of five (5) years of active law enforcement experience
including, but not limited to, responsibility for enforcement,
investigation, administration, training, or curriculum
implementation.
The Executive Director of the Council on Law Enforcement
Education and Training may commission CLEET staff as peace officers
for purposes consistent with the duties of CLEET as set out in state
law. The powers and duties conferred on the Executive Director or
any staff member appointed by the Executive Director as a peace
officer shall not limit the powers and duties of other peace
officers of this state or any political subdivision thereof. The
Executive Director or any staff member appointed by the Executive
Director as a peace officer may, upon request, assist any fede ral,
state, county or municipal law enforcement 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 expenses may
be paid directly to the contracting agency or business
establishment. The food and lodging expenses for each law
Req. No. 10006 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
enforcement officer shall not exceed the authorized rates as
provided for in the State T ravel 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 ra ther than paying for the provision of
such food and lodgin g by an outside contracting agency or business
establishment;
9. a. Certify canine teams, consisting of a dog and a
handler working together as a team, trained to detect:
(1) controlled dangerous su bstances, or
(2) explosives, explosive materials, explosiv e
devices, or materials which could be used to
construct an explosive device;
provided, the dog of a certified canine team shall not
be certified at any time as both a drug dog and a bomb
dog, and any dog of a certified canine team who has
been previously certified as either a drug dog or a
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 e nforcement department
that handled the dog shall retain po ssession of the
dog. The handler shall have first option of adopting
the dog. If that option is not exercised, the law
Req. No. 10006 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
enforcement department shall provide for its adoption.
Once adopted the dog shall not be placed back into
active service;
10. Enter into a lease, loan or other agreement with the
Oklahoma Development Finance Authority or a local public trust for
the purpose of facilitating the financing of a new facility for its
operations and use and pledge, to the extent authorized by law, all
or a portion of its receipts of the assessment penalty herein
referenced for the payment of its obligations under such lease, loan
or other agreement. It is the intent of the Legislature to increase
the assessment penalty to such a level or appropriate sufficien t
monies to the Council on Law Enforcement Education and Training to
make payments on the lease, loan or other agreement for the purpose
of retiring the bonds to be issued by the Oklahoma Developmen t
Finance Authority or local public trust. Such lease, lo an 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 Oklahoma , and the lease,
loan or other agreement and the bonds sha ll 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 investiga tive agencies to advise the
Req. No. 10006 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Council concerning necessary research, minimum standards for
licensure, education, and other matters related to licensure of
security guards, security guard agencies, pri vate investigators, and
private investigative agencies;
13. Enter into agreements with individuals, educational
institutions, agencies, and business and tribal entities for
professional services, the use of facilities and supplies, and staff
overtime costs incurred as a result of the user 's requests to
schedule functions after-hours, on weekends, or anytime such
requests extend staff beyond its normal capacity, whereby
contracting individuals, educational institutions, agencies, and
business and tribal ent ities shall pay a fee to be determined by the
Council by rule. All fees collected pursuant to facilities usage
shall be deposited to the credit of the C.L.E.E.T. Training Center
Revolving Fund created pursuant to Section 3311.6 of this title.
All other fees collected pursuant to these agreements shall be
deposited to the credit of the Peace Officer Revolving Fund created
pursuant to Section 3311.7 of this title. The Council is authorized
to promulgate emergency rules to effectuate the provisions of this
paragraph;
14. Promulgate rules to establish a state fire arms
requalification standard for active peace officers and meet any
requirements imposed on the Council by the federal Law Enforcement
Officers Safety Act of 2004;
Req. No. 10006 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
15. Set minimal criteria relatin g to qualifications for chief
of police administrative tra ining pursuant to Section 34 -102 of
Title 11 of the Oklahoma Statutes, assist in developing a course of
training for a Police Chief Administrative School, and approve all
police chief administrative training offered in this state;
16. Appoint a Curriculum Review Board to be composed of six (6)
members as follows:
a. one member shall be selected by the Chancellor for
Higher Education, who possesses a background of
creation and review of curriculum an d experience
teaching criminal justice or law enforcement courses,
who shall serve an initial term of one (1) year,
b. one member shall represent a municipal jurisdiction
with a population of fifty thousand (50,000) or more
and who shall be a management -level CLEET-certified
training officer, who shall serve an i nitial 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 jurisdiction
with a population of less than fifty thousand (50,000)
Req. No. 10006 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and who shall be a CLEET -certified training officer,
who shall serve an initial term of two (2) years,
e. one member shall represent a county jur isdiction with
a population of less than fifty thousand (50,000) and
who shall be a CLEET -certified training officer, who
shall serve an initial term of one (1) year, and
f. one member selected by t he 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 for all CLEET academies and training courses
pursuant to procedures established by the Council on Law Enforcement
Education and Training;
17. Conduct review and verification of any recor ds relating to
the statutory duties of CLEET;
18. Receive requested reports including investigative reports,
court documents, statements, or other applicable information from
Req. No. 10006 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
local, county and state agencies and other agencies for use in
actions where a certification or license issued by CLEET may be
subject to disciplinary or other actions provided by law;
19. Summarily suspend a certification of a peace officer,
without prior notice but otherwise subject to administrative
proceedings, if CLEET finds tha t the actions of the certified peace
officer may present a danger to the peace officer, the public, a
family or household member, or involve a crime against a minor. A
certified copy of the information or indictment charging such a
crime shall be consider ed 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 officers that first
creates or reactivates an inactive law enforcement
agency or police department and first begins to
commission, appoint, or employ officers on or after
November 1, 2011,
b. the entity shall submit to CLEET, a minimum of sixty
(60) days prior to creation of the law enforcement
agency or police department, information regarding:
Req. No. 10006 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) the need for the law enforcement agency or police
department in the community,
(2) the funding sources for the law enforcement
agency or police depar tment, and proof that no
more than fifty percent (50%) of the funding of
the entity will be derived from ticket revenue or
fines,
(3) the physical resources available to officers,
(4) the physical facilities that the law enforcement
agency or police depart ment will operate
including descriptions of the evidence room,
dispatch area, restroom facilities, and public
area,
(5) law enforcement policies of the law enforcement
agency or police department in cluding 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 persons,
(g) supervision of part-time officers, and
(h) impartial policing,
Req. No. 10006 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(6) the administrative structure of the law
enforcement agency or p olice department,
(7) liability insurance, and
(8) any other information CLEET requires by rule,
c. within sixty (60) days of receiving an entity 's
request, CLEET will forward to the entity by certi fied
mail, return receipt requested, a letter of
authorization or denial to create a law enforcement
agency or police department and commission, appoint,
or employ officers, signed by the Executive Director
of CLEET, and
d. in cases of denial, the entity m ay appeal the decision
of the Executive Director to the fu ll CLEET Council.
The Executive Director shall ensure that the final
report is provided to all members of the Council. The
Council shall review and make recommendations
concerning the report at th e first meeting of the
Council to occur after all members of the Council have
received the report. The Council may, by majority
vote:
(1) order additional information be provided,
(2) order confirmation of the opinion of the
Executive Director, or
(3) order authorization of the entity.
Req. No. 10006 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. 1. Payment of any fee provided for in this section may be
made by a nationally recognized credit or debit card issued to the
applicant. The Council may publicly post and collect a fee for the
acceptance of the national ly 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 by over one thousand
merchants in this state. "Debit card" means an identification card
or device issued to a person by a business organizat ion which
permits such person to obtain access to or activate a consumer
banking electronic facility. The Council shall determine which
nationally recognized credit or debit cards will be accepted as
payment for fees.
2. Payment for any fee provided for in this title may be made
by a business check. The Council may:
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 verification
Req. No. 10006 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of a check. For purposes of this subsection,
"business check" shall not mean a money order,
cashier's check, or bank certified check.
D. Failure of the Legislature to appropriate necessary funds to
provide for expenses and operations of the Council on Law
Enforcement Education and Training shall not invalidate other
provisions of this section relating to the creation and duties of
the Council.
E. 1. No person shall be eligible for employment as a peace
officer or reserve peace officer until the employing law enforcement
agency has conducted a background investigation of such per son
consisting of the following:
a. a fingerprint search s ubmitted to the Oklahoma State
Bureau of Investigation with a return report to the
submitting agency that such person has no felony
record,
b. a fingerprint search submitted to the Federal Bureau
of Investigation with a return report to the
submitting agency that such person has no felony
record,
c. such person has undergone psychological evaluation by
a psychologist licensed by the State of Oklahoma and
has been evaluated to be suitable to serve as a peace
officer in the State of Oklahoma,
Req. No. 10006 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. the employing agency has verified that such person has
a high school diploma or a GED equivalency certificate
as recognized by state law,
e. such person is not participating in a deferred
sentence agreement for a felony, a crime involving
moral turpitude or a crime of domestic violence, and
does not have any criminal charges pending in any
court in this state, another state, in tribal court or
pursuant to the United States Code,
f. such person is not currently su bject 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, conditio n or disorder" 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 significa ntly impairs judgment,
behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life and such condition
continues to exist,
Req. No. 10006 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
h. such person is twenty -one (21) years of age.
Provided, this requirement shall not affect those
persons who are already employed as a police or peace
officer prior to November 1, 1985, and
i. such person has provided proof of United States
citizenship or resident alien status, pursuant to an
employment eligibility verification form from the
United States Citizenship and Immigration Services.
2. To aid the evaluating psychologist in interpreting the test
results including automated scoring and interpretations, the
employing agency shall provide the p sychologist a statement
confirming the identity of the ind ividual taking the test as the
person who is employed or seeking employment as a peace officer of
the agency and attesting that it administered the psychological
instrument in accordance with standa rds within the test document.
The psychologist shall repo rt 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 evaluated is suitable to serve as a
peace officer in the State of Oklahoma. No additional procedures or
requirements shall be imposed for performance of the psychological
evaluation. The psy chological instrument utilized shall be
evaluated by a psychologist licensed by the State of Oklahoma, and
Req. No. 10006 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the employing agency shall certify to the Council that the
evaluation was conducted in accordance with this provision and that
the employee or applic ant 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 employed,
retained in employment as a peace officer, or
certified by the Council for at least one (1) year, at
which time the employee or applica nt may be
reevaluated by a psychologist licensed by the State of
Oklahoma. This section shall also be applicable to
all reserve peace officers in the State of Oklahoma.
b. Any person who is certifi ed 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 reevaluated
for any subsequent employment as a peace officer
following retirement or a ny 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 certi fication shall have their
name, gender, date of birth, and address of such
Req. No. 10006 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
person submitted to the Department of Mental Health
and Substance Abuse Services by the Council. The
Department of Mental Health and Substance Abuse
Services shall respond to the C ouncil within ten (10)
days whether the computerized recor ds 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 Serv ices reports to
the Council that the applicant has been in voluntarily
committed, the Council shall immediately inform the
employing agency.
All basic police courses shall include a minimum of four (4)
hours of education and training in recognizing and mana ging a person
appearing to require mental health treatment or services. The
training shall include training in crime and drug prevention, crisis
intervention, youth and family intervention techniques, recognizing,
investigating and preventing abuse and ex ploitation of elderly
persons, mental health issues, and c riminal jurisdiction on
Sovereign Indian Land.
Subject to the availability of funding, for full -time salaried
police or peace officers a basic police course academy shall consist
of a minimum of six hundred (600) hours.
Req. No. 10006 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
For reserve deputies a basic reserve academy shall consist of a
minimum of two hundred forty (240) hours.
3. Beginning January 1, 2018, any reserve peace officer who has
completed the two-hundred-forty-hour reserve peace officer
certification program and who has been in active service in th at
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 only, and
shall, within six (6) months from the date of appointment or taking
office, qualify as required in this subsection or forfeit such
position. In computing the time for 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 employing agency fails to require the
Req. No. 10006 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
officer to forfeit the position, the district attorney
shall file the proper action to cause the forfeiting
of such position. The district court of the cou nty
where the officer is employed shall have jurisdiction
to hear the case.
5. The Council may certify officers who have completed a course
of study in another state deemed by the Council to meet standards
for Oklahoma peace officers providing the officer 's certification in
the other state has not been revoked o r voluntarily surrendered and
is not currently under suspension.
6. For purposes of this section, a police or peace officer is
defined as a full-time duly appointed or elected officer who is paid
for working more than twenty-five (25) hours per week and w hose
duties are to preserve the public peace, protect life and property,
prevent crime, serve warrants, transport prisoners, and enforce laws
and ordinances of this state, or any political subdivisi on thereof;
provided, elected sheriffs and their deputies and elected,
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 or appointed or for
which they are an acting chief; provided further, that this section
shall not apply to persons designated by the Director of the
Department of Corrections as peace officers pursuant to Section 510
of Title 57 of the Oklahoma Statutes.
Req. No. 10006 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. Beginning November 1, 2022, the Council shall provide law
enforcement officers the option to complete al l in-person classroom
coursework for basic peace officer certification through an online
training course conducted by the Council.
F. No person shall be certif ied 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 subject to an order
of the Council revoking, suspending, or accepting a voluntar y
surrender of peace offic er certification or who has been convicted
of a felony, a crime involving moral turpitude, or a crime of
domestic violence, unless a full pardon has been granted by the
proper agency; however, any person who has been trained and
certified by the Council on Law Enforcement Education and Training
and is 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.
G. 1. The Council is here by authorized to provide to any
employing agency the following information regarding a person who is
or has applied for employment as a police or peace officer of such
employing agency:
a. Oklahoma State Bureau of Investigation an d Federal
Bureau of Investigation reports,
b. administration of the psychol ogical tests provided for
herein,
Req. No. 10006 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. performance in the course of study or other basis of
certification,
d. previous certifications issued, and
e. any administrative or judicial det ermination denying
certification.
2. An employing agency shall not be liab le in any action
arising out of the release of contents of personnel information
relevant to the qualifications or ability of a person to perform the
duties of a police or peace off icer when such information is
released pursuant to written authorization fo r release of
information signed by such person and is provided to another
employing agency which has employed or has received an application
for employment from such person.
3. As used in this subsection, "employing agency" means a
political subdivision o r law enforcement agency 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 hi ring, resignation, or
termination for any reason of a police or peace officer to the
Council within ten (10) days. Failure to comply with the provisions
of this subsection may disq ualify a law enforcement a gency from
participating in training programs spo nsored by the Council. Every
law enforcement agency employing police or peace officers in this
Req. No. 10006 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
state shall submit to CLEET on or before October 1 of each calendar
year a complete list of all commissioned em ployees with a current
mailing address and phone number for each such employee. In
addition to the above, CLEET may impose an administrative fine for
violations of this section.
2. A tribal law enforcement agency that has peace officers
commissioned by an Oklahoma law enforcement agency pursuant to a
cross-deputization agreement with the State of Oklahoma or any
political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma S tatutes
shall report the commissioning, resignation, or termination of
commission for any reason of a cross -deputized tribal police or
peace officer to CLEET within ten (10) days of the commissioning,
resignation, or termination. Failure to comply with th e provisions
of this subsection may disqualify a tribal law enforcement age ncy
from participating in training programs sponsored by the Council.
I. It is unlawful for any person to willfully make any
statement in an application to CLEET knowing the statem ent is false
or intentionally commit fraud in any application to the Counci l for
attendance in any CLEET -conducted or CLEET-approved peace officer
academy or Collegiate Officer Program or for the purpose of
obtaining peace officer certification or reinstat ement. It is
unlawful for any person to willfully submit false or fraudule nt
documents relating to continuing education rosters, transcripts or
Req. No. 10006 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certificates, or any canine license application. Any person
convicted of a violation of this subsection shall be guilty of a
felony punishable by imprisonment in the Department of Corre ctions
for a term of not less than two (2) years nor more than five (5)
years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
or by both such fine and imprisonment. I n addition to the above,
CLEET may impose an administrative fine.
J. 1. A police or peace officer shall be subject to
disciplinary action to include a denial, suspension, revocation or
acceptance of voluntary surrender of peace officer certification
upon a showing of clear and co nvincing evidence for the following:
a. conviction of a felony or a crime of domestic
violence,
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 b een
sufficiently rehabilitated, the Council may, in its
discretion, certify such person providing that all
other statutory requirements have been met,
c. a verdict of guilt or entry of a plea of guilty or
nolo contendere or an "Alford" plea or any plea oth er
than a not guilty plea for a felony offense, a crime
of moral turpitude, or a crime of domestic violence,
Req. No. 10006 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. falsification or a willful misrepresentation of
information in an emp loyment application or
application to the Council on Law Enforcement
Education and Training, records of evidence, or in
testimony under oath,
e. revocation or voluntary surrender of police or peace
officer certification in another state for a violation
of any law or rule or in sett lement of any
disciplinary action in such state,
f. involuntary commitment of a reserve or peace officer
in a mental institution or licensed private mental
health facility for any mental illness, condition or
disorder that is diag nosed by a licensed physic ian,
psychologist or a licensed mental health pro fessional
as a substantial disorder of thought, mood,
perception, psychological orientation, or memory that
significantly impairs judgment, behavior, capacity to
recognize reality, or ability to meet the ord inary
demands of life. Provided, the peace offic er
certification may be reinstated upon the Council
receiving notification of a psychological evaluation
conducted by a licensed physician, psychologist or
licensed mental health pr ofessional which attests a nd
states by affidavit that the officer and the
Req. No. 10006 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
evaluation test data of the officer have been examined
and that, in the professional opinion of the
physician, psychologist or licensed mental health
professional, the officer is psy chologically suitable
to return to duty as a peace officer. Notwithstandin g
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 s ubpoena records necessary to
assure compliance with these provisions. Any
confidential information received by CLEET for such
purpose shall retain its confidential character while
in the possession of CLEET,
g. abuse of office,
h. entry of a final order o f protection against appli cant
or officer, or
i. any violation of the Oklah oma Private Security
Licensing Act.
2. Disciplinary proceedings shall be commenced by filing a
complaint with the Council on a form approved by the Council. Any
employing agency or other person having info rmation may submit such
information to the Counci l for consideration as provided in this
subsection.
Req. No. 10006 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Upon the filing of the complaint, a preliminary
investigation shall be conducted to determine whether:
a. there is reason to believe the person has vio lated any
provision of this subsection or any oth er provision of
law or rule, or
b. there is reason to believe the person has been
convicted of a felony, a crime involving moral
turpitude or a domestic violence offense or is
currently participating in a de ferred sentence for
such offenses.
4. When the investigation of a complaint does not find the
person has violated any of the provisions of this subsection, or
finds that the person is sufficiently rehabilitated as provided in
subparagraph b or f of paragr aph 1 of this subsection, no
disciplinary action shall be required and the person shall remain
certified as a police or peace officer. When the investigation of a
complaint finds that the person has violated any of the provisions
of this subsection, the m atter shall be referred for disciplinary
proceedings. The disciplinary proceedings shall be in accordance
with Articles I and II of the Administrative Procedures Act.
5. The Council shall revoke the certification of any person
upon determining that such person has been convicted of a felony or
a crime involving moral turpitude or a domestic violence offense or
has entered a plea of guilty, or nolo contendere or an "Alford" plea
Req. No. 10006 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or any plea other than a not guilty plea for a felon y offense, a
crime of moral turpitude or a crime of domestic violence or is the
respondent in a final Victims Protective Order; provided, that if
the conviction has been reversed, vacated or otherwise invalidated
by an appellate court, such conviction shal l not be the basis for
revocation of certification; provided further, that any person who
has been trained and certified by the Council on Law Enforcement
Education and Training and is actively employed as a full -time peace
officer as of November 1, 1985, shall not be subject to th e
provisions of this subsection for convictions o ccurring prior to
November 1, 1985. The sole issue to be determined at the hearing
shall be whether the person has been convicted of a felony, a crime
involving moral turpitude or a domestic violence offens e or is the
named respondent/defendant in a final Victims Protective Order.
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 invo lving moral turpitude or a domestic
violence offense.
7. The Council may s uspend the certification of any person upon
a determination that such person has been involuntarily committed to
a mental institution or mental health facility for a mental illness,
condition or disorder as provided in subparagraph f of paragraph 1
of this subsection.
Req. No. 10006 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. Every law enforcement agency in this state shall, within
thirty (30) days of a final order of termination or resignation
while under investigation of a CLEET -certified peace officer, report
such order or resignation in writing to the Execu tive Director of
the Council. Any report, upon receipt by the Council, shall be
considered as personnel records and shall be afforded confidential
protection pursuant to Sections 2 4A.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 al l members of the Council. The Council shall
review and make recommendation s concerning the report at the first
meeting of the Council to occur after all members of the Council
have received the report. The Council may, by a majority vote,
order the suspension, for a given period of time, or revocation of
the CLEET certification of the peace officer in question if there
are grounds for such actions pursuant to this section and the peace
officer in question has been provided with notice and an opportunity
for a hearing pursuant to t he Administrative Procedures Act.
Suspension or revocation of CLEET certification pursuant to this
paragraph shall be reported to the district attorney for the
jurisdiction in which the peace officer was employed, to the
liability insurance company of the law enforcement agency that
employed the peace o fficer, the chief elected official of the
Req. No. 10006 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
governing body of the law enforcement agency and the chief law
enforcement officer of the law enforcement agency.
9. For all other violati ons of this subsection, th e hearing
examiner shall take into consideration the severity of the
violation, any mitigating circumstances offered by the person
subject to disciplinary action, and any other evidence relevant to
the person's character to determ ine the appropriate discip linary
action.
10. a. A police or peace officer m ay voluntarily surrender
and relinquish the peace officer certification to
CLEET. Pursuant to such surrender or relinquishment,
the person surrendering the certification shall be
prohibited from applying to CLEET for reinstatement
within five (5) years of the date of the surrender or
relinquishment, unless otherwise provided by law for
reinstatement.
b. No person who has had a police or peace officer
certification from another state revoked or
voluntarily surrendered and has not been reinstated by
that state shall be considered for certification by
CLEET.
c. Any person seeking reinstatement of police or peace
officer certification which has been suspended,
revoked, or voluntarily sur rendered may apply for
Req. No. 10006 Page 33 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, prosecutes a person holding police
or peace officer or reserve peace officer certification for a
felony, a crime involving moral turpitude, or a crime of domestic
violence in which a plea of g uilty, nolo contendere, or an "Alford"
plea or any other plea other than a not guilty plea or other finding
of guilt is entered by, against or on behalf of a certified police
or peace officer to report such plea, agreement, or oth er finding of
guilt to the Council on Law Enforcement Education and Trainin g
within ten (10) days of such plea agreement or the finding of guilt.
12. Any person or agency required or authorized to submit
information pursuant to this section to the Council shall be immune
from liability arising from the submission of the informat ion as
Req. No. 10006 Page 34 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
long as the information was submitted in good faith and without
malice.
13. Any peace officer employed by a law enforcement agency in
this state which has internal disciplin e policies and procedures on
file with CLEET shall be exempt from the disci plinary 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 pro ceedings initiated against a CLEET -
certified peace officer or reserve peace officer shall be reported
by the officer to CLEET immediately after arrest or discovery of the
filing of such criminal proceeding. All CLEET-certified peace
officers and reserve p eace officers shall be required to report when
a Victim Protective Order has been issued against the officer
including orders issued on an emergency basis and all final orders
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:
a. "law enforcement agency " means any department or
agency of the state, a coun ty, a municipality, or
political subdivision thereof, with the duties to
maintain public order, make arrests, and enforce the
Req. No. 10006 Page 35 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
criminal laws of this state or municipal ordinances,
which employs CLEET-certified personnel,
b. "final order of termination " means a final notice of
dismissal from employment provided after all
grievance, arbitration, and court actions have been
completed, and
c. "resignation while under investigation " means the
resignation from employment of a peace officer who is
under investigation for any felony violatio n of law, a
crime of moral turpitude, a crime of domestic
violence, or the resignation from employment of a
peace officer as part of an arbitration or plea
agreement.
K. 1. Every canine team in the state trained to detect
controlled dangerous substances shall be certified, by test, in the
detection of such controlled dangerous substances and shall be
recertified annually so long as the canine is used for such
detection purposes. The certification test and annual
recertification test provisions of this su bsection shall not be
applicable to canines that are owned by a law enforcement agency and
that are certified and annually recertified in the detection of
controlled dangerous substances by the United States Customs
Service. No employee of CLEET may be in volved in the training or
testing of a canine tea m.
Req. No. 10006 Page 36 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The Council shall appoint a Drug Dog Advisory Council to
make recommendations concerning minimum standards, educational
needs, and other matters imperative to the certificati on of canines
and canine teams trained to detect controlled dangerous subst ances.
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 comm issioned 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 test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per canine team. A retest fee of
Fifty Dollars ($50.00) will be ch arged if the team fails the test.
No such fee shall be charged to any local, state or federal
government agency. The fees provided for in this paragraph shall be
deposited to the credit of the CLEET Fund created pursuant to
Section 1313.2 of Title 20 of the Oklahoma Statutes.
Req. No. 10006 Page 37 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
L. 1. Every canine team in the state trained to detect
explosives, explosive materials, explosive devices, and materials
which could be used to construct an explosive device shall be
certified, by test, in the detection of such exp losives and
materials and shall be recertified an nually so long as the canine is
used for such detection purposes. The certification test and annual
recertification test provisions of this subsection shall not be
applicable to canines that are owned by a law enforcement agency if
such canines are certif ied and annually recertified in the detection
of explosives and materials by the United States Department of
Defense. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Bomb Dog Advisory Counc il to
make recommendations concerning minimum standards, educational
needs, and other matters imperative to the certification of canines
and canine teams trained to detect explosive s, 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 ne ed not be limited to, a co mmissioned
officer with practical knowledge of su ch canines and canine teams
from each of the following:
a. the Department of Public Safety,
b. a police department,
Req. No. 10006 Page 38 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. a sheriff's office, and
d. a university or college campus poli ce department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per canine team. A retest fee of
Fifty Dollars ($50.00) will be charged if the team fails the test.
No such fee shall be charged to any local, state or feder al
government agency. The fees provided for in this paragraph shall be
deposited to the credit of the CLEET Fund created pursuant to
Section 1313.2 of Title 20 of the Oklahoma Stat utes.
M. All tribal polic e officers of any Indian tribe or nation who
have been commissioned by an Oklahoma law enforcement agency
pursuant to a cross-deputization agreement with the State of
Oklahoma or any political subdivision of the State of Oklahoma
pursuant to the provisions of Section 1221 of Title 74 of the
Oklahoma Statutes shall be eligible for peace officer certification
under the same terms and conditions required of members of the law
enforcement agencies of the State of Oklahoma and its polit ical
subdivisions. CLEET shall issue peace officer certification to
tribal police officers who, as of July 1, 2003, are commissioned by
an Oklahoma law enforcement agency pursuant to a cross -deputization
agreement with the State of Oklahoma or any politic al subdivision of
the State of Oklahoma pursuant to the provisions of Secti on 1221 of
Req. No. 10006 Page 39 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Title 74 of the Oklahoma Statutes and have met the training and
qualification requirements of this section.
N. If an employing law enforcement agency in this state has
paid for CLEET training and the salary of a person while that person
is completing in this state a basic police course approved by the
Council and if within one (1) year after initial employment with the
original employing agency that person resigns and is hired by
another law enforcement agency in this state, the second agency or
the person receiving the training shall reimburse the original
employing agency for the cost of CLEET training and salary paid to
the person while completing the basic police cours e by the original
employing agency. If the person leaves the original empl oying
agency later than one (l) year, but less than two (2) years, after
the initial employment, the second agency or the person receiving
the training shall reimburse the original employing agency fifty
percent (50%) of the cost of CLEET training and sala ry 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.
O. The Council on Law Enforcement Ed ucation and Training, in
its discretion, may waiv e all or part of any moneys due to the
Council, if deemed uncollectable by the Council.
P. Peace officers, reserve peace officers, tribal peace
officers, agencies, bail enforcers, security guards and privat e
Req. No. 10006 Page 40 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
investigators shall maintain with the Council c urrent 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 l icense or other court docu ment
which reflects the change of name. Notice o f 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 Coun cil is required to serve n otice or an
order on an individual or an agency, the Council may send a letter
to the mailing address on file with the Council. If the letter is
returned and a notation of the U.S. Postal Service indicates
"unclaimed", or "moved", or "refused" or any other nondelivery
markings and the records of the Cou ncil 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 se rved for all purposes.
Q. All CLEET records of B ail Enforcers may be released only in
compliance with this section and the Oklahoma Bail Enforcement and
Licensing Act. All records in CLEET possession concerning other
persons or entities shall be released only in compliance with this
section and the Oklahoma Open Records Act.
SECTION 2. This act shall become effective November 1, 2022.
58-2-10006 GRS 01/09/22