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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1537 By: Weaver and Matthews of the
Senate
and
Ford of the House
COMMITTEE SUBSTITUTE
An Act relating to law enforcement training; amending
70 O.S. 2021, Section 3311, which relates to the
Council on Law Enforcement Education and Training;
modifying certain authority of the Council; requiring
training courses in human traffic king crimes;
prohibiting certain certi fication; establishing
attestation to certification periods; authorizing
renewal of certification prior to renewal deadline;
authorizing rule promulgation; allowing certain
renewals; modifying certain disciplinary acti on;
modifying required reporting to th e Council; allowing
for the consideration of certain mitigating
circumstances; allowing certain withdrawal of
certification; defining terms; updating statutory
language; amending 70 O.S. 2021, Section 3311.4,
which relates to continuing law enforcement training;
providing for certain recertification; modifying
training requirements; requiring certain training for
lapsed certification; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, is
amended to read as follows:
Section 3311. A. There is hereby created a Council on Law
Enforcement Education and Training which shall be, and is hereby
declared to be, a governmental law enforcement agency of the State
of Oklahoma this state, 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 this state. These rights, privileges and functions
include, but are not limited to, those sp ecified in Sections 3311
through 3311.15 of this title and in the Oklahoma Security Guard and
Private Investigator Act and the Oklahoma Bail Enforcement and
Licensing Act. The Council shall be authorized to require agency
employees and the employees of ag ency contractors in position s to
have access to Oklahoma Peace Officer peace officer records,
Oklahoma Security Guard security guard and Private Investigator
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 ch eck. In
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accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,
this includes a national criminal record with a finger print
fingerprint 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 appoi nted by the Governor who shall be a law
enforcement administrator representing a tribal law enforcement
agency;
5. One member appointed by the Governor who shal l be a chief of
police of a municipality with a population over one hundred thousand
(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 sh eriff of a county
with a population under twenty-five thousand (25,000), as determined
by the latest Federal Decennial Census;
7. One member appointed by the Oklahoma Association of Police
Chiefs who shall be a chief of police representing a municipality
with a population over ten thousand (10,000), as determined by the
latest Federal Decennial Cen sus;
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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 tw enty-five thousand (25,000) or more,
as determined by the latest Federal Decennial 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 University;
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 s tanding with CLEET within
a county with a population under fifty thousand (50,000);
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 to wns that is exempt
from taxation under federal law and designated pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a);
and
13. The Speaker of the House of Representatives shall appoint
one member from a list of three or more nominees submitted by an
organization that assists in the establishment of accreditation
standards and training programs for law enforcement agencies
throughout the State of Oklahoma this state.
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The Executive Director selected by the Council shall be an ex
officio member of the Council and shall act as Secretary. The
Council on Law Enforcement Education and Training shall select a
chair and vice-chair 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 n ecessary expenses incurred
in the performance of Council duties pursuant to the provisions of
the State Travel Reimbursement Act.
B. The Council on Law Enforcem ent Education and Training is
hereby authorized and directed to:
1. Appoint a larger Advisory Council to discuss problems and
hear recommendations concerning necessary research, minimum
standards, educational needs, and other matters imperative to
upgrading Oklahoma law enforcement to professional status;
2. Promulgate rules with respect to such m atters as
certification, revocation, suspension, withdrawal and reinstatement
of certification, minimum courses of study, testing and test scores,
attendance requirements, equipment and facilities, minimum
qualifications for instructors, minimum standards for basic and
advanced in-service courses, and seminars for Oklahoma police and
peace officers;
3. Authorize research, basic and advanced courses, and seminars
to assist in program planning directly and through subcommittees;
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4. Authorize additional staf f 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 distribution, and admis sion 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 basis of educati onal 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 perform such other duties imposed on
the Council by law. An Executive Direct or 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) year s 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
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law. The powers and duties conferred on the Execu tive 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 federal,
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 necessa ry for
law enforcement officers attending any official course of
instruction approved or conduc ted by the Council. Such expenses may
be paid directly to the contracting agency or business
establishment. The food and lodging expenses for each law
enforcement officer shall not exceed the authorized rates as
provided for in the State Travel Reimburse ment Act; provided,
however, the Council may provide food and lodging to law enforcement
officials attending any official course of instruction approved or
conducted by the Council rather than paying for the provision of
such food and lodging by an outside contracting agency or 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 substances, or
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(2) explosives, explosive materials, explosive
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 ei ther a drug dog or a
bomb dog shall not be eligible at any time to be
certified in the other category.
b. Upon retiring the dog from the service it was
certified to perform, the law enforcement department
that handled the dog shall retain possession of the
dog. The handler shall have first option of adopting
the dog. If that option is not exercised, the law
enforcement department shall provide for its adoption.
Once adopted the dog shall not be placed back into
active service;
10. Enter into a lease, lo an 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 re ceipts 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 Legisla ture to increase
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the assessment penalty to such a level or appropriate sufficient
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 t he Oklahoma Development
Finance Authority or local public trust. Such lease, loan or other
agreement and the bonds issued to finance such facilities shall not
constitute an indebtedness of the State of Oklahoma this state or be
backed by the full faith and credit of the State of Oklahoma this
state, and the lease, loan or other agreement and the bo nds shall
contain a statement to such effect;
11. Accept gifts, bequests, devises, contributions and grants,
public or private, of real or personal property;
12. Appoint an advisory committee composed of representatives
from security guard and private in vestigative agencies to advise the
Council concerning necessary research, minimum standards for
licensure, education, and o ther matters related to licensure of
security guards, securi ty guard agencies, private investigators, and
private investigative agenc ies;
13. Enter into agreements with individuals, educational
institutions, agencies, and business and tribal entities for
professional services, the use of facilities and supplies, a nd 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
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contracting individuals, educational institutions, agencies, and
business and tribal entities 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 th is 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 t he provisions of this
paragraph;
14. Promulgate rules to establish a sta te firearms
requalification standard for active peace officers and meet any
requirements imposed on the Council by the federal Law Enforcement
Officers Safety Act of 2004;
15. Set minimal criteria relating to qualifications for chief
of police administrat ive training pursuant to Section 34-102 of
Title 11 of the Oklahoma Statutes, assist in developing a course of
training for a Police Chief Administrative School, and approve all
police chief 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 and experience
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teaching criminal justice or law enfor cement 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 ser ve an initial term of
two (2) years,
c. one member shall represent a county jurisdiction with
a population of fifty thousand (50,000) or more and
who shall be a management-level CLEET-certified
training officer, who shall serve an initial term of
three (3) years,
d. one member shall represent a municipal jurisdiction
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 two (2) years,
e. one member shall represent a cou nty jurisdiction 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 the Oklahoma Department of
Career and Technology Education, who shall have
experience in the creation and review of curriculum as
well as experience in teaching criminal justice or law
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enforcement courses, who shall serve an initial term
of three (3) years.
After the initial terms of office, all members sha ll 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 pursua nt to
the State Travel Reimbu rsement Act. The Board shall revi ew and
establish curriculum for all CLEET academies and training courses
pursuant to procedures established by the Council on Law Enf orcement
Education and Training;
17. Conduct review and ver ification of any records rel ating to
the statutory duties of CL EET;
18. Receive requested reports including investigative reports,
court documents, statements, or other applicable information fro m
local, county and state agencies and other agencies for us e in
actions where a certif ication or license issued by CLEET m ay 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 that the actions of the certified peace
officer may present a danger to the peace officer, the public, an
intimate partner, or a family or household member, or involve a
crime against a minor. A certified copy of the information or
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indictment charging such a crime shall be considered 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 t o an entity authorized by
statute or by the Constitution to create a law
enforcement agency or police depart ment 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:
(1) the need for the law enforcement agency or police
department in the community,
(2) the funding sources for the law enfor cement
agency or police department, 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,
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(4) the physical facilities that the law enforc ement
agency or police department 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 including published
policies on:
(a) use of force,
(b) vehicle pursuit,
(c) mental health,
(d) professional conduct of officers,
(e) domestic abuse,
(f) response to missing persons,
(g) supervision of part-time officers, and
(h) impartial policing,
(6) the administrative structure of th e law
enforcement agency or police 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 certified
mail, return receipt req uested, a letter of
authorization or denial to create a law enforcement
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agency or police department and commission, appoint,
or employ officers, signed by the Executive Director
of CLEET, and
d. in cases of denial, the entity may appeal the decision
of the Executive Director to the full CLEET 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 the first meeting of the
Council to occur after all members of the Council have
received the report. The Council m ay, 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 entit y.
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 nationally 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, issu ed with or without fee by an
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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 p erson by a business organization which
permits such person to obtain access to or ac tivate 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 Cou ncil 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 Dollar s ($5.00) as
a service charge for the acceptance and verification
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.
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E. 1. No person shall be eligible for employm ent as a peace
officer or reserve peace officer until the employing law enforcement
agency has conducted a background investigation of such person
consisting of the followi ng:
a. a fingerprint search submitted 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 this
state and has been evaluated to be suitable to serve
as a peace officer in the State of Oklahoma this
state,
d. the employing agency has verified that such person has
a high school diploma or a GED equivalency certificate
as recognized by sta te law,
e. such person is not participating in a deferred
sentence agreement for a felon y, a crime involving
moral turpitude or a crime of domestic violence, and
does not have any criminal charges pending in any
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court in this state, another state, in triba l court or
pursuant to the United States Code,
f. such person is not currently subject t o an order of
the Council revoking, suspending, or accepting a
voluntary surrender of pe ace officer certification,
g. such person is not currently undergoing treatment for
a mental illness, condition or disorder. For purposes
of this subsection, "currently undergoing treatment
for mental illness, condition or disorder" means the
person has been diagnosed by a licensed physician,
psychologist, or licensed mental health p rofessional
as being afflicted with a substantial disorder of
thought, mood, perception, psychological orientation
or memory that significantly impairs judgment,
behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life and s uch condition
continues to exist,
h. such person is twenty-one (21) years of age.
Provided, this requirement shall not affect those
persons who are already employed as a polic e or peace
officer prior to November 1, 1985, and
i. such person has provided pr oof of United States
citizenship or resident alien status, pursuant to an
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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 psycholo gist a statement
confirming the identity of the individual 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 standards wit hin the test document.
The psychologist shall report to the employing agency the evalua tion
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 this state. No additional
procedures or requirements shall be imposed for performance of the
psychological evaluation. The psychological instrument utilized
shall be evaluated by a psychologist licensed by the State of
Oklahoma this state, and the employing agency shall certify to the
Council that the evaluation was conducted in accordance with this
provision and that the employee or applicant is suitable to serv e as
a peace officer in the State of Oklahoma this state.
a. Any person found not to be suitable for employment or
certification by the Council shall not be employed,
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retained in employment as a peace off icer, or
certified by the Council for at least one ( 1) year, at
which time the employee or applicant may be
reevaluated by a psychologist licensed by the State of
Oklahoma this state. This section shall also be
applicable to all reserve peace officers in the State
of Oklahoma this state.
b. Any person who is certified 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 any break in service as a
peace officer, unless such break in service exceeds
five (5) years or the Council det ermines that a peace
officer may present a danger to himself or herself,
the public, or a family or household member.
c. All persons seeking certification shall have their
name, gender, date of birth, and address of such
person submitted to the Department of Mental Health
and Substance Abuse Services by the Council. The
Department of Mental Health and Substance Abuse
Services shall respond to the Council within ten (10)
days whether the computerized records of the
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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 Services reports to
the Council that the applicant has been involuntarily
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 managing a person
appearing to require mental health treatment or services. The
training shall include training i n crime and drug prevention, crisis
intervention, youth and family intervention techniques, recognizing,
investigating and preventing abuse and exploitation of elderly
persons, mental health issues, human trafficking, and criminal
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.
For reserve deputies a basic reserve academy shall consist of a
minimum of two hundred f orty (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 that
capacity for the past six (6) months shall be eli gible to attend a
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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 certi fied 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, al l 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 ti me 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 f ails to forfeit the
position or the employing agency fails to require the
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 county
where the officer is e mployed shall have jurisdiction
to hear the case.
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5. The Council may certify office rs 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 or voluntarily surrendered to
avoid revocation or other disciplinary action 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 wee k and whose
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 subdivision thereof;
provided, elected sheriffs and their de puties 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 e lected or appointed or for
which they are an acting chief; p rovided 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 Stat utes.
7. Beginning November 1, 2022, each peace officer and reserve
peace officer shall have to renew their individual certification
every three (3) years by providing to CLEET proof of successful and
timely completion of all required continuing education hours for the
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applicable period as well as attesting that they remain eligible for
peace officer employment according to applicable statutory
requirements. The three-year cycle shall be calculated from the
officer's original date of cert ification or the latest anniversary
of such certification if the certification o ccurred more than thre e
(3) years previously, whichever occurred last. No additional
training shall be required to renew ce rtification unless such
certification has expired without a timely renewal. A person whose
peace officer or reserve peace officer certification expires wi thout
renewal, may subsequently reapply for recertification. Officers may
renew certification at least sixty (60) days prior to their renewal
deadline with a thirty -day grace period following their renewal
deadline. CLEET shall promulgate rules to give effect to this
section.
F. No person shall be cer tified 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 cu rrently subject to an order
of the Council revoking, suspending, or accepting a voluntary
surrender to avoid revocation o r other disciplinary action, or
accepting a withdrawal of peace officer certification or who h as
been convicted of a felony, a crime in volving moral turpit ude, 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 Educatio n and Training
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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 occurring prior to November 1, 1985.
G. 1. The Council is hereby authorized to provide to any
employing agency the following inf ormation regarding a person who is
or has applied for employment as a police o r peace officer of such
employing agency:
a. Oklahoma State Bureau of Investigation and Federal
Bureau of Investigation reports,
b. administration of the psychological tests prov ided for
herein,
c. performance in the course of study or other basis of
certification,
d. previous certifications issued, and
e. any administrative or judicial determination denying
certification.
2. An employing agency shall not be liable in any action
arising out of the r elease of contents of personnel information
relevant to the qualifications or ability of a person to perform the
duties of a police or peace officer when such information is
released pursuant to written authorization for release of
information signed by su ch person and is provided to another
employing agency whic h has employed or has received an application
for employment from such person.
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3. As used in this subsection, "employing agency" means a
political subdivision or 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 hiring, 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 disqualify a law enforcement agency from
participating in training programs sponsored by the Cou ncil. Every
law enforcement agency employing police or peace officers in this
state shall submit to CLEET on or before October 1 of each calendar
year a complete list of all commissioned employees with a current
mailing address and phone number for each s uch employee. In
addition to the above, CLEET may impose an administrative fi ne for
violations of this section.
2. A tribal law enforcement agency that has peace officers
commissioned by an Oklahoma law enforcemen t agency pursuant to a
cross-deputization agreement with the State of Oklahoma this state
or any political subdivision of the State of Oklahoma this state
pursuant to the provisions of Section 1221 of Title 74 of the
Oklahoma Statutes shall report the commissioning, resignation, or
termination of commission for any re ason of a cross-deputized tribal
police or peace officer to CLEET within ten ( 10) days of the
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commissioning, resignation, or termination. Failure to comply with
the provisions of this subsection may disqualify a tribal law
enforcement agency from particip ating in training pr ograms sponsored
by the Council.
I. It is unlawful for an y person to willfully make any
statement in an application to CLEET knowing the statement is false
or intentionally commit fraud in any application to the Council for
attendance in any CLEET-conducted or CLEET-approved peace officer
academy or Collegiate O fficer Program or for the purpose of
obtaining peace officer certification or reinstatement. It is
unlawful for any person to willfully submit false or fraudulent
documents relating to continuing e ducation rosters, transcripts or
certificates, or any cani ne license application. Any person
convicted of a violation of this subsection shall be guilty of a
felony punishable by imprisonment in the Department of Corrections
for a term of not less than two (2) years nor more than five (5)
years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
or by both such fine and imprisonment. In addition to the above,
CLEET may impose an administrative fine.
J. 1. A police or peace officer shall be sub ject to denial of
certification or disciplinary action to include a denial letter of
reprimand, suspension, revocation or acceptance of voluntary
surrender a withdrawal of peace officer certification upon a showing
of clear and convincing evidence for the following:
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a. conviction of a felony or a crime of domesti c
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
before the person applies for peace of ficer
certification, is disclosed at the time t he person
applies for peace officer certification, and the
Council is satisfied that the person has been
sufficiently rehabilitated, the Council may, in its
discretion, certify such person providing t hat 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 other
than a not guilty plea for a felony offense, a crime
of moral turpitude, or a crime of domestic violence,
d. falsification or a willful misrepresentatio n of
information in an employment application or
application to the Council on Law Enforcement
Education and Training, records of evidence, or in
testimony under oath,
e. revocation, suspension, or voluntary surrender of
police or peace officer certificati on in another state
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for a violation of any law or rule or in settlement of
any disciplinary action in such state,
f. involuntary commitment of a reserve or peace officer
in a mental institution or licensed pri vate mental
health facility for any mental illn ess, condition or
disorder that is diagnosed by a licensed physician,
psychologist or a licensed mental health professional
as a substantial disorder of thought, mood,
perception, psychological orientation, or memory that
significantly impairs judgment, be havior, capacity to
recognize reality, or ability to meet the ordinary
demands of life. Provided, the peace officer
certification may be reinstated upon the Council
receiving notification of a psychological e valuation
conducted by a licensed physician, ps ychologist or
licensed mental health professional which attests and
states by affidavit that the officer and the
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 psychologically suitable
to return to duty as a peace officer. Notwithstanding
any other provision of state law pertaining to
confidentiality of hospital or other medical r ecords,
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and as allowable under federal law, CLE ET may subpoena
or request a court to subpoena records necessary to
assure compliance with these provisions. Any
confidential information received by CLEET for such
purpose shall retain its confidential chara cter while
in the possession of CLEET,
g. abuse of office,
h. entry of a final order of protection against applicant
or officer, or
i. any violation of the Oklahoma Private Security
Licensing Act.
2. Disciplinary proceedings shall be commenced by filing a
complaint with the Council on a form approved by t he Council. Any
employing agency or other person having information may submit such
information to the Council for consideration as provided in t his
subsection.
3. Upon the filing of the complaint, a preliminary
investigation shall be conducted to determ ine whether:
a. there is reason to believe the person has violated any
provision of this subsection or any other provision of
law or rule, or
b. there is reason to believe the person has been
convicted of a felony, a crime involving moral
turpitude or a domestic violence offense or is
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currently participating in a deferred 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 sufficient ly rehabilitated as provided in
subparagraph b or f of paragraph 1 of this subsection, no
disciplinary action shall be required and the person sha ll 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 matter shall be referred for disciplinary
proceedings. The disciplinary proceedings s hall be in accordance
with Articles I and II of the Administrative Procedures Act.
5. The Council shall revok e or suspend 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 or any plea other than a not guilty plea for a felony
offense, a crime of moral turpitude or a crime of domestic violence
or is the respondent in a fina l Victims Victim Protective Order;
provided, that if the conviction has been reversed, vacated or
otherwise invalidated by an appellate court, such conviction shall
not be the basis for revocation of certification; provided further,
that any person who has been t rained and certified by the Council on
Law Enforcement Education and Training and is actively employed as a
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full-time peace officer as of November 1, 1985, shall not be subject
to the provisions of this subsection for convictions occurring prior
to November 1, 1985. The sole issue to be determined at the hearing
shall be whether the person has been convicted of a felony, a crime
involving moral turpitude or a domestic violence offense or is the
named respondent/defendant in a final Victims Victim Protective
Order.
6. The Council shall revoke or suspend the certification of any
person upon determining that such person has received a deferred
sentence for a felony, a crime involving moral turpitude or a
domestic violence offens e.
7. The Council may suspend 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.
8. Every law enforcement agency in this state shall, within
thirty (30) days of a fi nal order of termination or resignation
while under investigation of a CLEET-certified peace officer, report
such order or resignation in writing to the Executive Director of
the Council. Any report, upon receipt by the Council, shall be
considered as personnel records and shall be afforded confidential
protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
Oklahoma Statutes. Any medical or other confidential records
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obtained by subpoena pursuant to this subsection shall not be made a
part of such report. The Executive Director shall ensure that the
report is provided to all members of the Council. The Council shall
review and make recommendations concerning the report at the first
meeting of the Council to occur after all members of the Coun cil
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 a nd the peace
officer in question has been provided with notice and an opportunity
for a hearing pursuant to the Administrative Procedu res Act.
Suspension or revocation of CLEET certification pursuant to this
paragraph shall be reported to the district att orney for the
jurisdiction in which the peace officer was employed, to the
liability insurance company of the law enforcement agency t hat
employed the peace officer, the chief elected official of the
governing body of the law enforcement agency and the chi ef law
enforcement officer of the law enforcement agency.
9. For all other violations of this subsection, the hearing
examiner Executive Director or designee shall take into
consideration the severity of the violation , any mitigating
circumstances offered by the person subject to disciplinary action,
including participation in an employee assistance program or
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wellness program, and any other evidence relevant to the person's
character to determine the appropriate disci plinary action.
10. a. A police or peace officer may voluntarily surren der
and relinquish the peace officer certification to
CLEET who is the subject of an investigation into, or
a pending or concluded proceeding involving
allegations of violations of any of the provisions of
this section, other provisions of law, or C LEET's
administrative rules may withdraw his or her peace
officer certification pursuant to promulgated CLEET
rules governing the same. Pursuant to such surrender
or relinquishment withdrawal of certification, the
person surrendering withdrawing the certification
shall be prohibited from applying to CLEET for
reinstatement within five (5) years of the date of the
surrender or relinquishment withdrawal, unless
otherwise provided by law for reinstatement.
b. No Any person who has had a police or peace officer
certification from another state revoked or
voluntarily surrendered to avoid revocation or other
disciplinary action and has not been reinstated by
that state shall not be considered for ce rtification
by CLEET.
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c. Any person seeking reinstatement of poli ce or peace
officer certification which has been suspended,
revoked, or voluntarily surrendered, or withdrawn may
apply for reinstatement pursuant to promulgated CLEET
rules governing reinstatement. Except as provided in
this subsection, any person whose certifi cation has
been revoked, suspended or, voluntarily surrendered,
or withdrawn 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 thi s title.
11. A duty is hereby imposed upon the district attorney who, on
behalf of the State of Oklahoma this state, prosecutes a perso n
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 guilty , 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 other finding of guilt to the Coun cil on Law
Enforcement Education and Training within ten (10) days of such pl ea
agreement or the finding of guilt.
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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 information as
long as the information wa s submitted in good faith and without
malice.
13. Any peace officer employed by a law enforcement agency in
this state which has internal discipline policies and procedures on
file with CLEET shall be exempt from the disciplinary proceedings
and actions provided for in this subsection; provided, however, such
exemption shall not apply if the peace officer has bee n convicted of
a felony crime, a crime of moral turpitude, or a crime of domestic
violence.
14. All criminal proceedings initiated against a CLEE T-
certified peace officer or reserve peace officer shall be reported
by the officer to CLEET immediately after arrest or discovery of the
filing of such criminal proceeding. All CLEET-certified peace
officers and reserve peace officers shall be required t o report when
a Victim Protective Order has been issued against the officer
including orders issued on an emer gency basis and all final orders
of protection. Failure to give noti ce pursuant to the provisions of
this paragraph may be cause to initiate an a ction against the
officer by CLEET.
15. As used in this subsection:
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a. "law enforcement agency" means any department or
agency of the state, a county, a municipality, or
political subdivision thereof, with the duties to
maintain public order, make arrests , and enforce the
criminal laws of this state or municipal ordinances,
which employs CLEET-certified personnel,
b. "final order of termination" means a final notice of
dismissal from employment provided after all
grievance, arbitration, and court actions h ave been
completed, and
c. "resignation while under investigation" means the
resignation from employment of a peace officer who is
under investigation for any felony violation of law, a
crime of moral turpitude, a crime of domestic
violence, or the resigna tion from employment of a
peace officer as part of an arbitration or plea
agreement, and
d. "moral turpitude" shall mean any of the following
crimes:
(1) fraud,
(2) theft,
(3) larceny,
(4) embezzlement,
(5) bribery,
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(6) perjury,
(7) false declaration, or
(8) driving under the influen ce of alcohol or other
controlled dangerous substance.
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 substan ces and shall be
recertified annually so long as the canine is used for such
detection purposes. The certific ation test and annual
recertification test provisions of this subsect ion shall not be
applicable to canines that are owned by a law enforcement ag ency and
that are certified and annually recertified in the detection of
controlled dangerous substances by th e United States Customs
Service. No employee of CLEET may be involve d in the training or
testing of a canine team.
2. The Council shall appoint a Drug Dog Advisory Council to
make recommendations concerning minimum standards, educational
needs, and other matters imperative to the certification of canines
and canine teams trained to detect controlled dangerous substances.
The Council shall promulg ate rules based upon the recommendations of
the Advisory Council. Members of the Advisory Council shall
include, but need not be limited to, a commissioned officer with
practical knowledge of such canines and canine teams from each of
the following:
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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 Tw o 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, stat e or federal
government agency. The fees provided for in this paragraph shall be
deposited to the credit of t he CLEET Fund created pursuant to
Section 1313.2 of Title 20 of the O klahoma Statutes.
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 explosiv es and
materials 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 e nforcement agency if
such canines are certified and annually recertified in t he detection
of explosives and materials by the United States Department of
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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 Council to
make recommendations concer ning minimum standards, educational
needs, and other matters imperative to the certification of canines
and canine teams trained to detect explosives, explosive materials,
explosive devices and materials which could be used to construct an
explosive device. The Council shall promulgate rules based upon the
recommendations of the Advisory Council. Members of the Advisory
Council shall include, but need not be limited to, a commiss ioned
officer with practical knowledge of such canines and canine teams
from each of the following:
a. the Department of Public Safety,
b. a police department,
c. a sheriff's office, and
d. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per 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 federal
government agency. The fees p rovided 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.
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M. All tribal police off icers 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 this state or any political subdivision of the State of
Oklahoma this state pursuant to the provisions of Section 12 21 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 agenci es of the State of Oklahoma
this state and its political subdivisions. CLEET shall issue pe ace
officer certification to tribal police officers who, as of Ju ly 1,
2003, are commissioned by an Oklahoma law enforcement agency
pursuant to a cross-deputization agreement with the State of
Oklahoma this state or any political subdivision of the State of
Oklahoma this state pursuant to the provisions of Section 1221 of
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
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the person while completing the basic police course by the original
employing agency. If the person leaves the original employing
agency later than one (l) year, but less than two (2) years, after
the initial employment, the second agency or the person receiving
the training shall reimburse the original employing agency fifty
percent (50%) of the cost of CLEET training and salary paid to the
person while completing the basic police course by the original
employing agency. CLEET shall not be a party to any court action
based on this provision.
O. The Council on Law Enforcement Education and Tr aining, in
its discretion, may waive 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 private
investigators shall maintain with the Council current mailing
addresses and shall notify the Council, in writing, of any change of
address or name. Notification of change of name shall require
certified copies of any marriage license or other court document
which reflects the change of name. Notice of change of address or
telephone number must be made within ten (10) days of the effected
change. Notices shall not be accepted over the phone. In any
proceeding in which the Council is required to serve notice or an
order on an individual or an agency, the Council may send a letter
to the mailing address on file with the Council. If the letter is
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returned and a notation of the U.S. Postal Service indicates
"unclaimed", or "moved", or "refused" or any other nondelivery
markings and the records of the Council indicate that no change of
address as required by this subsection has been received by the
Council, the notice and any subsequent notices or orders shall be
deemed by the Court as having been legally served for all p urposes.
Q. All CLEET records of Bail Enforcers bail 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. AMENDATORY 70 O.S. 2021, Section 3311.4, is
amended to read as follows:
Section 3311.4 A. Beginning January 1, 2008 November 1, 2022,
and annually thereafter, every active full-time peace officer, who
is certified as a full-time peace officer by the Council on Law
Enforcement Education and Training (CLEET) pursuant to Section 3311
of this title, shall attend and complete a minimum of twenty-five
(25) seventy-five (75) hours of continuing law enforcement training
accredited catalogued or provided by CLEET which per certification
cycle. Such training shall include a mandatory two (2) six (6)
hours on mental health issues . Effective November 1, 2019, CLEET
shall establish appropriate traini ng resources which and shall
include training on the policies and protocols for responding to
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sexual assault calls, guidelines for the collection an d maintenance
of sexual assault kits and continuing education on trauma -informed
sexual assault response and intervention, and shall require all
CLEET-certified law enforcement officers to complete suc h training
on a regular basis to be determined by CLEET . CLEET shall
promulgate rules to enforce the provisions of this section and shall
enter into contracts and agreements for the payment of classroom
space, training, food, and lodging expenses as may b e necessary for
law enforcement officers attending such training in accordance with
subsection B of Section 3311 of this title. Such training and
seminars shall be conducted in all areas of this state at technology
center schools, institutions of higher e ducation, or other approved
sites.
B. Beginning January 1, 2017 November 1, 2022, and annually
thereafter, every active reserve peace officer, certified who is
certified as a reserve officer by CLEET pursuant to Section 3311 of
this title, shall attend an d complete a minimum of eight (8) twenty-
four (24) hours of continuing law enforcement training accredited
catalogued or provided by CLEET which per certification cycle. Such
training shall include a mandatory one (1) hour training on mental
health issues and on responding to sexual assault calls as mandated
for full-time certified peace officers.
C. Every inactive full-time or reserve peace officer, certified
by CLEET, shall be exempt from these requirements during the
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inactive status. Upon reentry to f ull-time active status, the peace
officer shall be required to comply with subsection A of this
section. If a full-time certified peace officer has been inactive
for five (5) or more years If a peace officer's or reserve peace
officer's certification has lapsed, the officer must complete
refresher training a s prescribed by CLEET and which shall include a
minimum of four (4) hours of mental health education and trai ning,
within one (1) year of employment before the peace officer or
reserve peace officer's certification will be renewed. Upon reentry
to active reserve status, the peace officer shall be required to
comply with subsection B of this section. If a certif ied reserve
officer has been inactive for five (5) or more years, the certified
reserve officer shall complete a legal update as prescribed by
CLEET. The Director of CLEET may waive these requirements based on
review of all records of employment and train ing.
D. Every tribal officer who is commissioned by an Oklahoma law
enforcement agency purs uant to a cross-deputization agreement with
the State of Oklahoma this state or any political subdivision of the
State of Oklahoma this state pursuant to the provis ions of Section
1221 of Title 74 of the Oklahoma Statutes shall comply with the
provisions of this section.
E. Any active full-time or reserve certified peace officer, o r
CLEET-certified cross-deputized tribal officer who fails to meet the
annual training requirements specified in this section will be
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ineligible to renew their certification , shall be subject to having
the certification of the peace officer suspended, afte r the peace
officer and the employer have been given written notice of
noncompliance and a reasonable time, as defined by the Council, to
comply with the provisions of this sect ion. A peace officer shall
not be employed in the capac ity of a peace officer during any period
of suspension. The suspension period shall be for a period of time
until the officer files a statement attesting to full compliance
with the provisions of thi s section. Suspension of peace officer
certification shall be reported to the district attorney for the
jurisdiction in which the officer is employed, the liability
insurance company of the law enforcement agency that employed the
peace officer, the chief elected official of the governing body of
the law enforcement agency and the c hief law enforcement officer of
the law enforcement agency. Any officer whose certifi cation is
suspended pursuant to this section may request a hearing with CLEET.
Such hearings shall be governed by the Administrative Procedures Ac t
except that the affec ted officer has the burden to show CLEET why
CLEET should not have the certification o f the officer suspended.
F. All certified, active full-time or reserve peace officers
employed, commissioned or appointed for a period of ninety ( 90) days
in a calendar year, who become inactive prior to the end of a
calendar year, are responsible for mee ting mandatory continuing
education requirements as set forth in this section upon return t o
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active full-time or reserve peace officer status withi n sixty (60)
days of the date of return to employment, commission or appointment.
Failure to complete the ma ndatory continuing education within sixty
(60) days may result in disciplinary action as se t forth in CLEET
Rules at OAC 390:2. Full-time or reserve certified peace offi cers
who return to active status within the calendar year they become
inactive must complete the annual mandatory continuing education
requirements outlined in this section with in the remaining portion
of the calendar year.
G. Peace officers with full-time certification who worked
during a calendar year only as a reserve officer are requir ed to
complete only the training requirements for reserve certification.
For purposes of the requirements outlined in subsection F of this
section, full-time peace officers who worked both in the capacity of
a full-time peace officer and reserve officer i n a calendar year
must complete full-time continuing education requirements.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/13/2022 -
DO PASS, As Amended.