OK
Oklahoma Senate Bill SB242

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB242 Compare Versions

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29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+1st Session of the 58th Legislature (2021)
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35+ENGROSSED SENATE
636 BILL NO. 242 By: Thompson of the Senate
737
838 and
939
1040 Roberts (Dustin) of the
1141 House
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1243
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1445 An Act relating to law enforcement training; amend ing
1546 70 O.S. 2011, Section 3311, as last amended by
1647 Section 1, Chapter 245, O.S.L. 2019 (70 O.S. Supp.
1748 2020, Section 3311), which relates to the Council on
1849 Law Enforcement Education and Training; modifying
1950 council composition; amending Section 1, Chapter 25 4,
2051 O.S.L. 2018, as amended by Section 1, Chapter 20,
2152 O.S.L. 2019 (70 O.S. Supp. 2020, Section 3311.17),
2253 which relates to courses and training provided by
2354 technology center schools; creating certain response
2455 deadline; authorizing resubmittal; limiting size of
2556 application; removing maximum annual approval;
2657 allowing certain contracting; updating statutory
2758 language; and providing an effective date .
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31-SUBJECT: Modifies qualifications for an appointed member of the
32-Curriculum Review Board and modifies requirements for
33-certain application form
3462
3563 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
36-
3764 SECTION 1. AMENDATORY 70 O.S. 2011, Section 3311, as
3865 last amended by Section 1, Chapter 245, O.S.L. 2019 (70 O.S. Supp.
3966 2020, Section 3311), is amended to read as follows:
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4167 Section 3311. A. There is hereby created a Council on Law
4268 Enforcement Education and Training which shall be, and is hereby
4369 declared to be, a governmental law enforcement agency of the State
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4497 of Oklahoma, body politic and corporate, with powers of government
4598 and with the authority to exercise the rights, privileges and
4699 functions necessary to ensure the professional tr aining and
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49100 continuing education of law enforcement officers in the State of
50101 Oklahoma. These rights, privileges and functions include, but are
51102 not limited to, those specified in Sections 3311 through 3311.15 of
52103 this title and in the Oklahoma Security Guard and Private
53104 Investigator Act and the Oklahoma Bail Enforcement and Licensing
54105 Act. The Council shall be authorized to require agency employees
55106 and the employees of agency contractors in positions to have access
56107 to Oklahoma Peace Officer records, Oklahoma Security Guard and
57108 Private Investigator records, Oklahoma Bail Enforcement and
58109 Licensing Act records, to be subject to a criminal history search by
59110 the Oklahoma State Bureau of Investigation, as well as be
60111 fingerprinted for submission of the fingerprints t hrough the
61112 Oklahoma State Bureau of Investigation to the Federal Bureau of
62113 Investigation for a national criminal history check. The Council
63114 shall be the recipient of the results of the record check. In
64115 accordance with Section 150.9 of Title 74 of the Okl ahoma Statutes,
65116 this includes a national criminal record with a finger print
66117 analysis. The Council shall be composed of thirteen (13) members as
67118 follows:
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69119 1. The Commissioner of the Department of Public Safety, or
70120 designee;
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72148 2. The Director of the Oklahom a State Bureau of Narcotics and
73149 Dangerous Drugs Control, or designee;
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75150 3. The Director of the Oklahoma State Bureau of Investigation,
76151 or designee;
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78152 4. One member appointed by the Governor who shall be a law
79153 enforcement administrator representing a tribal l aw enforcement
80154 agency;
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82155 5. One member appointed by the Governor who shall be a chief of
83156 police of a municipality with a population over one hundred thousand
84157 (100,000), as determined by the latest Federal Decennial Census;
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86158 6. One member appointed by the Bo ard of Directors of the
87159 Oklahoma Sheriffs’ Association who shall be a sheriff of a county
88160 with a population under twenty -five thousand (25,000), as determined
89161 by the latest Federal Decennial Census;
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93162 7. One member appointed by the Oklahoma Association of P olice
94163 Chiefs who shall be a chief of police representing a municipality
95164 with a population over ten thousand (10,000), as determined by the
96165 latest Federal Decennial Census;
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98166 8. One member shall be appointed by the Board of Directors of
99167 the Oklahoma Sheriffs ’ Association who shall be a sheriff of a
100168 county with a population of twenty -five thousand (25,000) or more,
101169 as determined by the latest Federal Decennial Census;
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103197 9. One member appointed by the Board of Directors of the
104198 Fraternal Order of Police who shall have experience as a training
105199 officer;
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107200 10. One member appointed by the Chancellor of Higher Education
108201 who shall be a representative of East Central University;
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110202 11. One member appointed by the Board of Directors of the
111203 Oklahoma Sheriffs and Peace Officer s Association who shall be a
112204 full-time law enforcement officer in good standing with CLEET within
113205 a county with a population under fifty thousand (50,000);
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115206 12. The President Pro Tempore of the Senate shall appoint one
116207 member from a list of three or more n ominees submitted by a
117208 statewide organization representing cities and towns that is exempt
118209 from taxation under federal law and designated pursuant to the
119210 provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a);
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122212 13. The Speaker of the House of Representatives shall appoint
123213 one member from a list of three or more nominees submitted by an
124214 organization that assists in the establishment of accreditation
125215 standards and training programs for law enforcement agencies
126216 throughout the State of Oklahoma.
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128217 The Executive Director selected by the Council shall be an ex
129218 officio member of the Council and shall act as Secretary. The
130219 Council on Law Enforcement Education and Training shall select a
131220 chair and vice-chair from among its members. Members of the Coun cil
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132248 on Law Enforcement Education and Training shall not receive a salary
133249 for duties performed as members of the Council, but shall be
134250 reimbursed for their actual and necessary expenses incurred in the
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137251 performance of Council duties pursuant to the provision s of the
138252 State Travel Reimbursement Act.
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140253 B. The Council on Law Enforcement Education and Training is
141254 hereby authorized and directed to:
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143255 1. Appoint a larger Advisory Council to discuss problems and
144256 hear recommendations concerning necessary research, minim um
145257 standards, educational needs, and other matters imperative to
146258 upgrading Oklahoma law enforcement to professional status;
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148259 2. Promulgate rules with respect to such matters as
149260 certification, revocation, suspension, withdrawal and reinstatement
150261 of certification, minimum courses of study, testing and test scores,
151262 attendance requirements, equipment and facilities, minimum
152263 qualifications for instructors, minimum standards for basic and
153264 advanced in-service courses, and seminars for Oklahoma police and
154265 peace officers;
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156266 3. Authorize research, basic and advanced courses, and seminars
157267 to assist in program planning directly and through subcommittees;
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159268 4. Authorize additional staff and services necessary for
160269 program expansion;
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162270 5. Recommend legislation necessary to up grade Oklahoma law
163271 enforcement to professional status;
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165299 6. Establish policies and regulations concerning the number,
166300 geographic and police unit distribution, and admission requirements
167301 of those receiving tuition or scholarship aid available through the
168302 Council. Such waiver of costs shall be limited to duly appointed
169303 members of legally constituted local, county, and state law
170304 enforcement agencies on the basis of educational and financial need;
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172305 7. Appoint an Executive Director and an Assistant Director to
173306 direct the staff, inform the Council of compliance with the
174307 provisions of this section and perform such other duties imposed on
175308 the Council by law. An Executive Director appointed by the Council
176309 must qualify for the position with a bachelor or higher degre e in
177310 law enforcement from an accredited college or university, or a
178311 bachelor or higher degree in a law -enforcement-related subject area,
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181312 and a minimum of five (5) years of active law enforcement experience
182313 including, but not limited to, responsibility for enforcement,
183314 investigation, administration, training, or curriculum
184315 implementation.
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186316 The Executive Director of the Council on Law Enforcement
187317 Education and Training may commission CLEET staff as peace officers
188318 for purposes consistent with the duties of CLEE T as set out in state
189319 law. The powers and duties conferred on the Executive Director or
190320 any staff member appointed by the Executive Director as a peace
191321 officer shall not limit the powers and duties of other peace
192322 officers of this state or any political su bdivision thereof. The
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193350 Executive Director or any staff member appointed by the Executive
194351 Director as a peace officer may, upon request, assist any federal,
195352 state, county or municipal law enforcement agency;
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197353 8. Enter into contracts and agreements for the payment of
198354 classroom space, food, and lodging expenses as may be necessary for
199355 law enforcement officers attending any official course of
200356 instruction approved or conducted by the Council. Such expenses may
201357 be paid directly to the contracting agency or busi ness
202358 establishment. The food and lodging expenses for each law
203359 enforcement officer shall not exceed the authorized rates as
204360 provided for in the State Travel Reimbursement Act; provided,
205361 however, the Council may provide food and lodging to law enforcement
206362 officials attending any official course of instruction approved or
207363 conducted by the Council rather than paying for the provision of
208364 such food and lodging by an outside contracting agency or business
209365 establishment;
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211366 9. a. Certify canine teams, consisting of a dog and a
212367 handler working together as a team, trained to detect:
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214368 (1) controlled dangerous substances, or
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216369 (2) explosives, explosive materials, explosive
217370 devices, or materials which could be used to
218371 construct an explosive device;
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220372 provided, the dog of a cer tified canine team shall not
221373 be certified at any time as both a drug dog and a bomb
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222401 dog, and any dog of a certified canine team who has
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225402 been previously certified as either a drug dog or a
226403 bomb dog shall not be eligible at any time to be
227404 certified in the other category.
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229405 b. Upon retiring the dog from the service it was
230406 certified to perform, the law enforcement department
231407 that handled the dog shall retain possession of the
232408 dog. The handler shall have first option of adopting
233409 the dog. If that option is not ex ercised, the law
234410 enforcement department shall provide for its adoption.
235411 Once adopted the dog shall not be placed back into
236412 active service;
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238413 10. Enter into a lease, loan or other agreement with the
239414 Oklahoma Development Finance Authority or a local public t rust for
240415 the purpose of facilitating the financing of a new facility for its
241416 operations and use and pledge, to the extent authorized by law, all
242417 or a portion of its receipts of the assessment penalty herein
243418 referenced for the payment of its obligations und er such lease, loan
244419 or other agreement. It is the intent of the Legislature to increase
245420 the assessment penalty to such a level or appropriate sufficient
246421 monies to the Council on Law Enforcement Education and Training to
247422 make payments on the lease, loan or other agreement for the purpose
248423 of retiring the bonds to be issued by the Oklahoma Development
249424 Finance Authority or local public trust. Such lease, loan or other
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250452 agreement and the bonds issued to finance such facilities shall not
251453 constitute an indebtedne ss of the State of Oklahoma or be backed by
252454 the full faith and credit of the State of Oklahoma, and the lease,
253455 loan or other agreement and the bonds shall contain a statement to
254456 such effect;
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256457 11. Accept gifts, bequests, devises, contributions and grants,
257458 public or private, of real or personal property;
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259459 12. Appoint an advisory committee composed of representatives
260460 from security guard and private investigative agencies to advise the
261461 Council concerning necessary research, minimum standards for
262462 licensure, education, and other matters related to licensure of
263463 security guards, security guard agencies, private investigators, and
264464 private investigative agencies;
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268465 13. Enter into agreements with individuals, educational
269466 institutions, agencies, and business and tribal e ntities for
270467 professional services, the use of facilities and supplies, and staff
271468 overtime costs incurred as a result of the user ’s requests to
272469 schedule functions after -hours, on weekends, or anytime such
273470 requests extend staff beyond its normal capacity, wh ereby
274471 contracting individuals, educational institutions, agencies, and
275472 business and tribal entities shall pay a fee to be determined by the
276473 Council by rule. All fees collected pursuant to facilities usage
277474 shall be deposited to the credit of the C.L.E.E.T. Training Center
278475 Revolving Fund created pursuant to Section 3311.6 of this title.
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279503 All other fees collected pursuant to these agreements shall be
280504 deposited to the credit of the Peace Officer Revolving Fund created
281505 pursuant to Section 3311.7 of this title. The Council is authorized
282506 to promulgate emergency rules to effectuate the provisions of this
283507 paragraph;
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285508 14. Promulgate rules to establish a state firearms
286509 requalification standard for active peace officers and meet any
287510 requirements imposed on the Council by the federal Law Enforcement
288511 Officers Safety Act of 2004;
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290512 15. Set minimal criteria relating to qualifications for chief
291513 of police administrative training pursuant to Section 34 -102 of
292514 Title 11 of the Oklahoma Statutes, assist in developing a course of
293515 training for a Police Chief Administrative School, and approve all
294516 police chief administrative training offered in this state;
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296517 16. Appoint a Curriculum Review Board to be composed of six (6)
297518 members as follows:
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299519 a. one member shall be selected by the Chanc ellor for
300520 Higher Education, who possesses a background of
301521 creation and review of curriculum and experience
302522 teaching criminal justice or law enforcement courses,
303523 who shall serve an initial term of one (1) year,
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305524 b. one member shall represent a municipal juri sdiction
306525 with a population of fifty thousand (50,000) or more
307526 and who shall be a management -level CLEET-certified
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308554 training officer, who shall serve an initial term of
309555 two (2) years,
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313556 c. one member shall represent a county jurisdiction with
314557 a population of fifty thousand (50,000) or more and
315558 who shall be a management -level CLEET-certified
316559 training officer, who shall serve an initial term of
317560 three (3) years,
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319561 d. one member shall represent a municipal jurisdiction
320562 with a population of less than fifty thousand (5 0,000)
321563 and who shall be a CLEET -certified training officer,
322564 who shall serve an initial term of two (2) years,
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324565 e. one member shall represent a county jurisdiction with
325566 a population of less than fifty thousand (50,000) and
326567 who shall be a CLEET -certified training officer, who
327568 shall serve an initial term of one (1) year, and
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329569 f. one member selected by the Oklahoma Department of
330570 Career and Technology Education from the Curriculum
331571 Material and Instructional Material Center , who shall
332572 have experience in the creation and review of
333573 curriculum as well as experience in teaching criminal
334574 justice or law enforcement courses, who shall serve an
335575 initial term of three (3) years.
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337576 After the initial terms of office, all members shall be
338577 appointed to serve three -year terms. Any member may be reappointed
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339605 to serve consecutive terms. Members shall serve without
340606 compensation, but may be reimbursed for travel expenses pursuant to
341607 the State Travel Reimbursement Act. The Board shall review and
342608 establish curriculum for all CLEET academ ies and training courses
343609 pursuant to procedures established by the Council on Law Enforcement
344610 Education and Training;
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346611 17. Conduct review and verification of any records relating to
347612 the statutory duties of CLEET;
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349613 18. Receive requested reports including in vestigative reports,
350614 court documents, statements, or other applicable information from
351615 local, county and state agencies and other agencies for use in
352616 actions where a certification or license issued by CLEET may be
353617 subject to disciplinary or other actions p rovided by law;
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357618 19. Summarily suspend a certification of a peace officer,
358619 without prior notice but otherwise subject to administrative
359620 proceedings, if CLEET finds that the actions of the certified peace
360621 officer may present a danger to the peace officer, t he public, a
361622 family or household member, or involve a crime against a minor. A
362623 certified copy of the information or indictment charging such a
363624 crime shall be considered clear and convincing evidence of the
364625 charge; and
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366626 20. Approve law enforcement agencies and police departments in
367627 accordance with the following:
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368654
369655 a. this section applies only to an entity authorized by
370656 statute or by the Constitution to create a law
371657 enforcement agency or police department and
372658 commission, appoint, or employ officers that first
373659 creates or reactivates an inactive law enforcement
374660 agency or police department and first begins to
375661 commission, appoint, or employ officers on or after
376662 November 1, 2011,
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378663 b. the entity shall submit to CLEET, a minimum of sixty
379664 (60) days prior to creation of the law enforcement
380665 agency or police department, information regarding:
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382666 (1) the need for the law enforcement agency or police
383667 department in the community,
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385668 (2) the funding sources for the law enforcement
386669 agency or police department, and proof that no
387670 more than fifty percent (50%) of the funding of
388671 the entity will be derived from ticket revenue or
389672 fines,
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391673 (3) the physical resources available to officers,
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393674 (4) the physical facilities that the law enforcement
394675 agency or police department will operate ,
395676 including descriptions of the evidence room,
396677 dispatch area, restroom facilities, and public
397678 area,
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401706 (5) law enforcement policies of the law enforcement
402707 agency or police department , including published
403708 policies on:
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409711 (c) mental health,
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411712 (d) professional conduct of officers,
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413713 (e) domestic abuse,
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415714 (f) response to missing persons,
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417715 (g) supervision of part-time officers, and
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419716 (h) impartial policing,
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421717 (6) the administrative structure of the law
422718 enforcement agency or police department,
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424719 (7) liability insurance, and
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426720 (8) any other information CLEET requires by rule,
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428721 c. within sixty (60) days of receiving an entity ’s
429722 request, CLEET will forward to the entity by certified
430723 mail, return receipt requested, a letter of
431724 authorization or denial to create a la w enforcement
432725 agency or police department and commission, appoint,
433726 or employ officers, signed by the Executive Director
434727 of CLEET, and
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436728 d. in cases of denial, the entity may appeal the decision
437729 of the Executive Director to the full CLEET Council.
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438757 The Executive Director shall ensure that the final
439758 report is provided to all members of the Council. The
440759 Council shall review and make recommendations
441760 concerning the report at the first meeting of the
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444761 Council to occur after all members of the Council have
445762 received the report. The Council may, by majority
446763 vote:
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448764 (1) order additional information be provided,
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450765 (2) order confirmation of the opinion of the
451766 Executive Director, or
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453767 (3) order authorization of the entity.
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455768 C. 1. Payment of any fee provided for in this section may be
456769 made by a nationally recognized credit or debit card issued to the
457770 applicant. The Council may publicly post and collect a fee for the
458771 acceptance of the nationally recognized credit or debit card not to
459772 exceed five percent (5%) of the amount of the payment. For purposes
460773 of this subsection, “nationally recognized credit card ” means any
461774 instrument or device, whether known as a credit card, credit plate,
462775 charge plate, or by any other name, issued with or without fee by an
463776 issuer for the use of the car dholder in obtaining goods, services,
464777 or anything else of value and which is accepted by over one thousand
465778 merchants in this state. “Debit card” means an identification card
466779 or device issued to a person by a business organization which
467780 permits such person to obtain access to or activate a consumer
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468808 banking electronic facility. The Council shall determine which
469809 nationally recognized credit or debit cards will be accepted as
470810 payment for fees.
471-
472811 2. Payment for any fee provided for in this title may be made
473812 by a business check. The Council may:
474-
475813 a. add an amount equal to the amount of the service
476814 charge incurred, not to exceed three percent (3%) of
477815 the amount of the check as a service charge for the
478816 acceptance and verification of the check, or
479-
480817 b. add an amount of no more than Five Dollars ($5.00) as
481818 a service charge for the acceptance and verification
482819 of a check. For purposes of this subsection,
483820 “business check” shall not mean a money order,
484821 cashier’s check, or bank certified check.
485-
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487-ENR. S. B. NO. 242 Page 12
488822 D. Failure of the Legislatur e to appropriate necessary funds to
489823 provide for expenses and operations of the Council on Law
490824 Enforcement Education and Training shall not invalidate other
491825 provisions of this section relating to the creation and duties of
492826 the Council.
493-
494827 E. 1. No person sha ll be eligible for employment as a peace
495828 officer or reserve peace officer until the employing law enforcement
496829 agency has conducted a background investigation of such person
497830 consisting of the following:
498831
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499858 a. a fingerprint search submitted to the Oklahoma Stat e
500859 Bureau of Investigation with a return report to the
501860 submitting agency that such person has no felony
502861 record,
503-
504862 b. a fingerprint search submitted to the Federal Bureau
505863 of Investigation with a return report to the
506864 submitting agency that such person has no fe lony
507865 record,
508-
509866 c. such person has undergone psychological evaluation by
510867 a psychologist licensed by the State of Oklahoma and
511868 has been evaluated to be suitable to serve as a peace
512869 officer in the State of Oklahoma,
513-
514870 d. the employing agency has verified that suc h person has
515871 a high school diploma or a GED equivalency certificate
516872 as recognized by state law,
517-
518873 e. such person is not participating in a deferred
519874 sentence agreement for a felony, a crime involving
520875 moral turpitude or a crime of domestic violence, and
521876 does not have any criminal charges pending in any
522877 court in this state, another state, in tribal court or
523878 pursuant to the United States Code,
524-
525879 f. such person is not currently subject to an order of
526880 the Council revoking, suspending, or accepting a
527881 voluntary surrender of peace officer certification,
528882
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531909 g. such person is not currently undergoing treatment for
532910 a mental illness, condition or disorder. For purposes
533911 of this subsection, “currently undergoing treatment
534912 for mental illness, condition or disorder ” means the
535913 person has been diagnosed by a licensed physician,
536914 psychologist, or licensed mental health professional
537915 as being afflicted with a substantial disorder of
538916 thought, mood, perception, psychological orientation
539917 or memory that significantly impairs judgment,
540918 behavior, capacity to recognize reality, or ability to
541919 meet the ordinary demands of life and such condition
542920 continues to exist,
543-
544921 h. such person is twenty -one (21) years of age.
545922 Provided, this requirement shall not affect those
546923 persons who are already employed as a police or peace
547924 officer prior to November 1, 1985, and
548-
549925 i. such person has provided proof of United States
550926 citizenship or resident alien status, pursuant to an
551927 employment eligibility verification form from the
552928 United States Citizenship and Immigration Se rvices.
553-
554929 2. To aid the evaluating psychologist in interpreting the test
555930 results, including automated scoring and interpretations, the
556931 employing agency shall provide the psychologist a statement
557932 confirming the identity of the individual taking the test as t he
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558960 person who is employed or seeking employment as a peace officer of
559961 the agency and attesting that it administered the psychological
560962 instrument in accordance with standards within the test document.
561963 The psychologist shall report to the employing agency t he evaluation
562964 of the assessment instrument and may include any additional
563965 recommendations to assist the employing agency in determining
564966 whether to certify to the Council on Law Enforcement Education and
565967 Training that the person being evaluated is suitable to serve as a
566968 peace officer in the State of Oklahoma. No additional procedures or
567969 requirements shall be imposed for performance of the psychological
568970 evaluation. The psychological instrument utilized shall be
569971 evaluated by a psychologist licensed by the St ate of Oklahoma, and
570972 the employing agency shall certify to the Council that the
571973 evaluation was conducted in accordance with this provision and that
572-
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574974 the employee or applicant is suitable to serve as a peace officer in
575975 the State of Oklahoma.
576-
577976 a. Any person found not to be suitable for employment or
578977 certification by the Council shall not be employed,
579978 retained in employment as a peace officer, or
580979 certified by the Council for at least one (1) year, at
581980 which time the employee or applicant may be
582981 reevaluated by a psychologist licensed by the State of
583982 Oklahoma. This section shall also be applicable to
584983 all reserve peace officers in the State of Oklahoma.
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5851010
5861011 b. Any person who is certified by CLEET and has undergone
5871012 the psychological evaluation required by this
5881013 subparagraph and has been found to be suitable as a
5891014 peace officer shall not be required to be reevaluated
5901015 for any subsequent employment as a peace officer
5911016 following retirement or any break in service as a
5921017 peace officer, unless such break in service exceeds
5931018 five (5) years or the Council determines that a peace
5941019 officer may present a danger to himself or herself,
5951020 the public, or a family or household member.
596-
5971021 c. All persons seeking certification shall have their
5981022 name, gender, date of birth, and address of such
5991023 person submitted to the Department of Mental Health
6001024 and Substance Abuse Services by the Council. The
6011025 Department of Mental Health and Substance Abuse
6021026 Services shall respond to the Council within ten (10)
6031027 days whether the computerized records of the
6041028 Department indicate the applicant has ever been
6051029 involuntarily committed to an Oklahoma state mental
6061030 institution. In the event that the Department of
6071031 Mental Health and Substance Abuse Services reports to
6081032 the Council that the applicant has been involuntarily
6091033 committed, the Council shall immediately inform the
6101034 employing agency.
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6121062 All basic police courses shall include a minimum of four (4)
6131063 hours of education and training in recognizing and managing a person
6141064 appearing to require mental health treatment or services. The
6151065 training shall include training in crime and drug prevention, crisis
616-
617-ENR. S. B. NO. 242 Page 15
6181066 intervention, youth and family intervention techniques, recognizing,
6191067 investigating and preventing abuse and exploitation of elderly
6201068 persons, mental health issues, and criminal jurisdiction on
6211069 Sovereign Indian Land.
622-
6231070 Subject to the availability of funding, for full -time salaried
6241071 police or peace officers a basic police course academy shall consist
6251072 of a minimum of six hundred (600) hours.
626-
6271073 For reserve deputies a basic reserve academy shall consist of a
6281074 minimum of two hundred forty (240) hours.
629-
6301075 3. Beginning January 1, 2018, any reserve peace officer who has
6311076 completed the two-hundred-forty-hour reserve peace officer
6321077 certification program and who has been in active service in that
6331078 capacity for the past six (6) months shall be eligible to attend a
6341079 three-hundred-sixty-hour basic full-time training academy to become
6351080 certified as a full-time peace or police officer.
636-
6371081 4. Every person who has not been certified as a police or peace
6381082 officer and is duly appointed o r elected as a police or peace
6391083 officer shall hold such position on a temporary basis only, and
6401084 shall, within six (6) months from the date of appointment or taking
6411085 office, qualify as required in this subsection or forfeit such
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6421113 position. In computing the ti me for qualification, all service
6431114 shall be cumulative from date of first appointment or taking office
6441115 as a police or peace officer with any department in this state.
645-
6461116 a. The Council may extend the time requirement specified
6471117 in this paragraph for good cause as determined by the
6481118 Council.
649-
6501119 b. A duty is hereby imposed upon the employing agency to
6511120 withhold payment of the compensation or wage of such
6521121 unqualified officer.
653-
6541122 c. If the police or peace officer fails to forfeit the
6551123 position or the employing agency fails t o require the
6561124 officer to forfeit the position, the district attorney
6571125 shall file the proper action to cause the forfeiting
6581126 of such position. The district court of the county
659-
660-ENR. S. B. NO. 242 Page 16
6611127 where the officer is employed shall have jurisdiction
6621128 to hear the case.
663-
6641129 5. The Council may certify officers who have completed a course
6651130 of study in another state deemed by the Council to meet standards
6661131 for Oklahoma peace officers providing the officer ’s certification in
6671132 the other state has not been revoked or voluntarily surrendered an d
6681133 is not currently under suspension.
669-
6701134 6. For purposes of this section, a police or peace officer is
6711135 defined as a full-time duly appointed or elected officer who is paid
6721136 for working more than twenty -five (25) hours per week and whose
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6731164 duties are to preserve the public peace, protect life and property,
6741165 prevent crime, serve warrants, transport prisoners, and enforce laws
6751166 and ordinances of this state, or any political subdivision thereof;
6761167 provided, elected sheriffs and their deputies and elected,
6771168 appointed, or acting chiefs of police shall meet the requirements of
6781169 this subsection within the first six (6) months after assuming the
6791170 duties of the office to which they are elected or appointed or for
6801171 which they are an acting chief; provided further, that this section
6811172 shall not apply to persons designated by the Director of the
6821173 Department of Corrections as peace officers pursuant to Section 510
6831174 of Title 57 of the Oklahoma Statutes.
684-
6851175 F. No person shall be certified as a police or peace officer by
6861176 the Council or be employ ed by the state, a county, a city, or any
6871177 political subdivision thereof, who is currently subject to an order
6881178 of the Council revoking, suspending, or accepting a voluntary
6891179 surrender of peace officer certification or who has been convicted
6901180 of a felony, a crime involving moral turpitude, or a crime of
6911181 domestic violence, unless a full pardon has been granted by the
6921182 proper agency; however, any person who has been trained and
6931183 certified by the Council on Law Enforcement Education and Training
6941184 and is actively empl oyed as a full-time peace officer as of November
6951185 1, 1985, shall not be subject to the provisions of this subsection
6961186 for convictions occurring prior to November 1, 1985.
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6981214 G. 1. The Council is hereby authorized to provide to any
6991215 employing agency the followi ng information regarding a person who is
7001216 or has applied for employment as a police or peace officer of such
7011217 employing agency:
702-
703-
704-ENR. S. B. NO. 242 Page 17
7051218 a. Oklahoma State Bureau of Investigation and Federal
7061219 Bureau of Investigation reports,
707-
7081220 b. administration of the psychological test s provided for
7091221 herein,
710-
7111222 c. performance in the course of study or other basis of
7121223 certification,
713-
7141224 d. previous certifications issued, and
715-
7161225 e. any administrative or judicial determination denying
7171226 certification.
718-
7191227 2. An employing agency shall not be liable in any a ction
7201228 arising out of the release of contents of personnel information
7211229 relevant to the qualifications or ability of a person to perform the
7221230 duties of a police or peace officer when such information is
7231231 released pursuant to written authorization for release o f
7241232 information signed by such person and is provided to another
7251233 employing agency which has employed or has received an application
7261234 for employment from such person.
727-
7281235 3. As used in this subsection, “employing agency” means a
7291236 political subdivision or law enfor cement agency which either has
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7301264 employed or received an employment application from a person who, if
7311265 employed, would be subject to this section.
732-
7331266 H. 1. A law enforcement agency employing police or peace
7341267 officers in this state shall report the hiring, resig nation, or
7351268 termination for any reason of a police or peace officer to the
7361269 Council within ten (10) days. Failure to comply with the provisions
7371270 of this subsection may disqualify a law enforcement agency from
7381271 participating in training programs sponsored by t he Council. Every
7391272 law enforcement agency employing police or peace officers in this
7401273 state shall submit to CLEET on or before October 1 of each calendar
7411274 year a complete list of all commissioned employees with a current
7421275 mailing address and phone number for each such employee. In
7431276 addition to the above, CLEET may impose an administrative fine for
7441277 violations of this section.
745-
746-
747-ENR. S. B. NO. 242 Page 18
7481278 2. A tribal law enforcement agency that has peace officers
7491279 commissioned by an Oklahoma law enforcement agency pursuant to a
7501280 cross-deputization agreement with the State of Oklahoma or any
7511281 political subdivision of the State of Oklahoma pursuant to the
7521282 provisions of Section 1221 of Title 74 of the Oklahoma Statutes
7531283 shall report the commissioning, resignation, or termination of
7541284 commission for any reason of a cross -deputized tribal police or
7551285 peace officer to CLEET within ten (10) days of the commissioning,
7561286 resignation, or termination. Failure to comply with the provisions
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7571314 of this subsection may disqualify a tribal law enforcement agency
7581315 from participating in training programs sponsored by the Council.
759-
7601316 I. It is unlawful for any person to willfully make any
7611317 statement in an application to CLEET knowing the statement is false
7621318 or intentionally commit fraud in any application to the Council for
7631319 attendance in any CLEET-conducted or CLEET-approved peace officer
7641320 academy or Collegiate Officer Program or for the purpose of
7651321 obtaining peace officer certification or reinstatement. It is
7661322 unlawful for any person to willfully submit false or fraudulent
7671323 documents relating to continuing education rosters, transcripts or
7681324 certificates, or any canine license application. Any person
7691325 convicted of a violation of this subsection shall be guilty of a
7701326 felony punishable by imprisonment in the Department of Corrections
7711327 for a term of not less than two (2) years nor more than five (5)
7721328 years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
7731329 or by both such fine and imprisonment. In addition to the above,
7741330 CLEET may impose an administrative fine.
775-
7761331 J. 1. A police or peace officer shall be subject to
7771332 disciplinary action to include a denial, suspension, revocation or
7781333 acceptance of voluntary surrender of peace officer certification
7791334 upon a showing of clear and convincing evidence for the following:
780-
7811335 a. conviction of a felo ny or a crime of domestic
7821336 violence,
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7831363
7841364 b. conviction of a misdemeanor involving moral turpitude;
7851365 provided, if the conviction is a single isolated
7861366 incident that occurred more than five (5) years ago
7871367 and the Council is satisfied that the person has been
7881368 sufficiently rehabilitated, the Council may, in its
789-
790-ENR. S. B. NO. 242 Page 19
7911369 discretion, certify such person providing that all
7921370 other statutory requirements have been met,
793-
7941371 c. a verdict of guilt or entry of a plea of guilty or
7951372 nolo contendere or an “Alford” plea or any plea other
7961373 than a not guilty plea for a felony offense, a crime
7971374 of moral turpitude, or a crime of domestic violence,
798-
7991375 d. falsification or a willful misrepresentation of
8001376 information in an employment application or
8011377 application to the Council on Law Enforcement
8021378 Education and Training, records of evidence, or in
8031379 testimony under oath,
804-
8051380 e. revocation or voluntary surrender of police or peace
8061381 officer certification in another state for a violation
8071382 of any law or rule or in settlement of any
8081383 disciplinary action in such state,
809-
8101384 f. involuntary commitment of a reserve or peace officer
8111385 in a mental institution or licensed private mental
8121386 health facility for any mental illness, condition or
8131387 disorder that is diagnosed by a licensed physician,
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8141415 psychologist or a licensed mental health professional
8151416 as a substantial disorder of thought, mood,
8161417 perception, psychological orientation, or memory that
8171418 significantly impairs judgment, behavior, capacity to
8181419 recognize reality, or ability to meet the ordinary
8191420 demands of life. Provided, the peace officer
8201421 certification may be reinstated upon the Council
8211422 receiving notification of a psychological evaluation
8221423 conducted by a licensed physician, psychologist or
8231424 licensed mental health professional which attests and
8241425 states by affidavit that the officer and the
8251426 evaluation test data of the officer have been examined
8261427 and that, in the professional opinion of the
8271428 physician, psychologist or licensed mental health
8281429 professional, the officer is psychologically suitable
8291430 to return to duty as a peace officer. Notwithstanding
8301431 any other provision of state law pertaining to
8311432 confidentiality of hospital or other medical records,
8321433 and as allowable under federal law, CLEET may subpoena
833-
834-ENR. S. B. NO. 242 Page 20
8351434 or request a court to subpoena records necessary to
8361435 assure compliance with these provisions. Any
8371436 confidential information received by CLEET for such
8381437 purpose shall retain its confidential character while
8391438 in the possession of CLEET,
8401439
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8411466 g. abuse of office,
842-
8431467 h. entry of a final order of protection against applicant
8441468 or officer, or
845-
8461469 i. any violation of the Oklahoma Private Security
8471470 Licensing Act.
848-
8491471 2. Disciplinary proceedings shall be commenced by filing a
8501472 complaint with the Council on a form approved by the Council. Any
8511473 employing agency or other person having information may submit such
8521474 information to the Council for consi deration as provided in this
8531475 subsection.
854-
8551476 3. Upon the filing of the complaint, a preliminary
8561477 investigation shall be conducted to determine whether:
857-
8581478 a. there is reason to believe the person has violated any
8591479 provision of this subsection or any other provisio n of
8601480 law or rule, or
861-
8621481 b. there is reason to believe the person has been
8631482 convicted of a felony, a crime involving moral
8641483 turpitude or a domestic violence offense or is
8651484 currently participating in a deferred sentence for
8661485 such offenses.
867-
8681486 4. When the investigatio n of a complaint does not find the
8691487 person has violated any of the provisions of this subsection, or
8701488 finds that the person is sufficiently rehabilitated as provided in
8711489 subparagraph b or f of paragraph 1 of this subsection, no
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8721517 disciplinary action shall be re quired and the person shall remain
8731518 certified as a police or peace officer. When the investigation of a
8741519 complaint finds that the person has violated any of the provisions
8751520 of this subsection, the matter shall be referred for disciplinary
876-
877-ENR. S. B. NO. 242 Page 21
8781521 proceedings. The disciplinary proceedings shall be in accordance
8791522 with Articles I and II of the Administrative Procedures Act.
880-
8811523 5. The Council shall revoke the certification of any person
8821524 upon determining that such person has been convicted of a felony or
8831525 a crime involving moral turpitude or a domestic violence offense or
8841526 has entered a plea of guilty, or nolo contendere or an “Alford” plea
8851527 or any plea other than a not guilty plea for a felony offense, a
8861528 crime of moral turpitude or a crime of domestic violence or is the
8871529 respondent in a final Victims Protective Order; provided, that if
8881530 the conviction has been reversed, vacated or otherwise invalidated
8891531 by an appellate court, such conviction shall not be the basis for
8901532 revocation of certification; provided further, that any person who
8911533 has been trained and certified by the Council on Law Enforcement
8921534 Education and Training and is actively employed as a full -time peace
8931535 officer as of November 1, 1985, shall not be subject to the
8941536 provisions of this subsection for convictions occurring pr ior to
8951537 November 1, 1985. The sole issue to be determined at the hearing
8961538 shall be whether the person has been convicted of a felony, a crime
8971539 involving moral turpitude or a domestic violence offense or is the
8981540 named respondent/defendant in a final Victims Pr otective Order.
8991541
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9001568 6. The Council shall revoke the certification of any person
9011569 upon determining that such person has received a deferred sentence
9021570 for a felony, a crime involving moral turpitude or a domestic
9031571 violence offense.
904-
9051572 7. The Council may suspend the certification of any person upon
9061573 a determination that such person has been involuntarily committed to
9071574 a mental institution or mental health facility for a mental illness,
9081575 condition or disorder as provided in subparagraph f of paragraph 1
9091576 of this subsection.
910-
9111577 8. Every law enforcement agency in this state shall, within
9121578 thirty (30) days of a final order of termination or resignation
9131579 while under investigation of a CLEET -certified peace officer, report
9141580 such order or resignation in writing to the Executive Direct or of
9151581 the Council. Any report, upon receipt by the Council, shall be
9161582 considered as personnel records and shall be afforded confidential
9171583 protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
9181584 Oklahoma Statutes. Any medical or other confidentia l records
9191585 obtained by subpoena pursuant to this subsection shall not be made a
920-
921-ENR. S. B. NO. 242 Page 22
9221586 part of such report. The Executive Director shall ensure that the
9231587 report is provided to all members of the Council. The Council shall
9241588 review and make recommendations concernin g the report at the first
9251589 meeting of the Council to occur after all members of the Council
9261590 have received the report. The Council may, by a majority vote,
9271591 order the suspension, for a given period of time, or revocation of
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9281619 the CLEET certification of the pea ce officer in question if there
9291620 are grounds for such actions pursuant to this section and the peace
9301621 officer in question has been provided with notice and an opportunity
9311622 for a hearing pursuant to the Administrative Procedures Act.
9321623 Suspension or revocation of CLEET certification pursuant to this
9331624 paragraph shall be reported to the district attorney for the
9341625 jurisdiction in which the peace officer was employed, to the
9351626 liability insurance company of the law enforcement agency that
9361627 employed the peace officer, the chief elected official of the
9371628 governing body of the law enforcement agency and the chief law
9381629 enforcement officer of the law enforcement agency.
939-
9401630 9. For all other violations of this subsection, the hearing
9411631 examiner shall take into consideration the severit y of the
9421632 violation, any mitigating circumstances offered by the person
9431633 subject to disciplinary action, and any other evidence relevant to
9441634 the person’s character to determine the appropriate disciplinary
9451635 action.
946-
9471636 10. a. A police or peace officer may voluntar ily surrender
9481637 and relinquish the peace officer certification to
9491638 CLEET. Pursuant to such surrender or relinquishment,
9501639 the person surrendering the certification shall be
9511640 prohibited from applying to CLEET for reinstatement
9521641 within five (5) years of the date o f the surrender or
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9531669 relinquishment, unless otherwise provided by law for
9541670 reinstatement.
955-
9561671 b. No person who has had a police or peace officer
9571672 certification from another state revoked or
9581673 voluntarily surrendered and has not been reinstated by
9591674 that state shall be considered for certification by
9601675 CLEET.
961-
9621676 c. Any person seeking reinstatement of police or peace
9631677 officer certification which has been suspended,
964-
965-ENR. S. B. NO. 242 Page 23
9661678 revoked, or voluntarily surrendered may apply for
9671679 reinstatement pursuant to promulgated CLEET rules
9681680 governing reinstatement. Except as provided in this
9691681 subsection, any person whose certification has been
9701682 revoked, suspended or voluntarily surrendered for any
9711683 reason, including failure to comply with mandatory
9721684 education and training requirements, shall pay a
9731685 reinstatement fee of One Hundred Fifty Dollars
9741686 ($150.00) to be deposited to the credit of the Peace
9751687 Officer Revolving Fund created pursuant to Section
9761688 3311.7 of this title.
977-
9781689 11. A duty is hereby imposed upon the district attorney who, on
9791690 behalf of the State of Oklah oma, prosecutes a person holding police
9801691 or peace officer or reserve peace officer certification for a
9811692 felony, a crime involving moral turpitude, or a crime of domestic
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9821720 violence in which a plea of guilty, nolo contendere, or an “Alford”
9831721 plea or any other pl ea other than a not guilty plea or other finding
9841722 of guilt is entered by, against or on behalf of a certified police
9851723 or peace officer to report such plea, agreement, or other finding of
9861724 guilt to the Council on Law Enforcement Education and Training
9871725 within ten (10) days of such plea agreement or the finding of guilt.
988-
9891726 12. Any person or agency required or authorized to submit
9901727 information pursuant to this section to the Council shall be immune
9911728 from liability arising from the submission of the information as
9921729 long as the information was submitted in good faith and without
9931730 malice.
994-
9951731 13. Any peace officer employed by a law enforcement agency in
9961732 this state which has internal discipline policies and procedures on
9971733 file with CLEET shall be exempt from the disciplinary pr oceedings
9981734 and actions provided for in this subsection; provided, however, such
9991735 exemption shall not apply if the peace officer has been convicted of
10001736 a felony crime, a crime of moral turpitude, or a crime of domestic
10011737 violence.
1002-
10031738 14. All criminal proceedings i nitiated against a CLEET -
10041739 certified peace officer or reserve peace officer shall be reported
10051740 by the officer to CLEET immediately after arrest or discovery of the
10061741 filing of such criminal proceeding. All CLEET -certified peace
10071742 officers and reserve peace offic ers shall be required to report when
1008-
1009-ENR. S. B. NO. 242 Page 24
10101743 a Victim Protective Order has been issued against the officer ,
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10111771 including orders issued on an emergency basis and all final orders
10121772 of protection. Failure to give notice pursuant to the provisions of
10131773 this paragraph may b e cause to initiate an action against the
10141774 officer by CLEET.
1015-
10161775 15. As used in this subsection:
1017-
10181776 a. “law enforcement agency ” means any department or
10191777 agency of the state, a county, a municipality, or
10201778 political subdivision thereof, with the duties to
10211779 maintain public order, make arrests, and enforce the
10221780 criminal laws of this state or municipal ordinances,
10231781 which employs CLEET-certified personnel,
1024-
10251782 b. “final order of termination ” means a final notice of
10261783 dismissal from employment provided after all
10271784 grievance, arbitration, and court actions have been
10281785 completed, and
1029-
10301786 c. “resignation while under investigation ” means the
10311787 resignation from employment of a peace officer who is
10321788 under investigation for any felony violation of law, a
10331789 crime of moral turpitude, a crime of domestic
10341790 violence, or the resignation from employment of a
10351791 peace officer as part of an arbitration or plea
10361792 agreement.
1037-
10381793 K. 1. Every canine team in the state trained to detect
10391794 controlled dangerous substances shall be certified, by test, in the
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10401822 detection of such cont rolled dangerous substances and shall be
10411823 recertified annually so long as the canine is used for such
10421824 detection purposes. The certification test and annual
10431825 recertification test provisions of this subsection shall not be
10441826 applicable to canines that are owned by a law enforcement agency and
10451827 that are certified and annually recertified in the detection of
10461828 controlled dangerous substances by the United States Customs
10471829 Service. No employee of CLEET may be involved in the training or
10481830 testing of a canine team.
1049-
10501831 2. The Council shall appoint a Drug Dog Advisory Council to
10511832 make recommendations concerning minimum standards, educational
1052-
1053-ENR. S. B. NO. 242 Page 25
10541833 needs, and other matters imperative to the certification of canines
10551834 and canine teams trained to detect controlled dangerous substances.
10561835 The Council shall promulgate rules based upon the recommendations of
10571836 the Advisory Council. Members of the Advisory Council shall
10581837 include, but need not be limited to, a commissioned officer with
10591838 practical knowledge of such canines and canine teams from each of
10601839 the following:
1061-
10621840 a. the Oklahoma State Bureau of Narcotics and Dangerous
10631841 Drugs Control,
1064-
10651842 b. the Department of Public Safety,
1066-
10671843 c. a police department,
1068-
10691844 d. a sheriff’s office, and
1070-
10711845 e. a university or college campus police department.
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10721872
10731873 3. The fee for the certif ication test shall be Two Hundred
10741874 Dollars ($200.00) and the annual recertification test fee shall be
10751875 One Hundred Dollars ($100.00) per canine team. A retest fee of
10761876 Fifty Dollars ($50.00) will be charged if the team fails the test.
10771877 No such fee shall be ch arged to any local, state or federal
10781878 government agency. The fees provided for in this paragraph shall be
10791879 deposited to the credit of the CLEET Fund created pursuant to
10801880 Section 1313.2 of Title 20 of the Oklahoma Statutes.
1081-
10821881 L. 1. Every canine team in the st ate trained to detect
10831882 explosives, explosive materials, explosive devices, and materials
10841883 which could be used to construct an explosive device shall be
10851884 certified, by test, in the detection of such explosives and
10861885 materials and shall be recertified annually so long as the canine is
10871886 used for such detection purposes. The certification test and annual
10881887 recertification test provisions of this subsection shall not be
10891888 applicable to canines that are owned by a law enforcement agency if
10901889 such canines are certified and a nnually recertified in the detection
10911890 of explosives and materials by the United States Department of
10921891 Defense. No employee of CLEET may be involved in the training or
10931892 testing of a canine team.
1094-
1095-
1096-ENR. S. B. NO. 242 Page 26
10971893 2. The Council shall appoint a Bomb Dog Advisory Council to
10981894 make recommendations concerning minimum standards, educational
10991895 needs, and other matters imperative to the certification of canines
11001896 and canine teams trained to detect explosives, explosive materials,
1897+
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11011924 explosive devices and materials which could be used to const ruct an
11021925 explosive device. The Council shall promulgate rules based upon the
11031926 recommendations of the Advisory Council. Members of the Advisory
11041927 Council shall include, but need not be limited to, a commissioned
11051928 officer with practical knowledge of such canine s and canine teams
11061929 from each of the following:
1107-
11081930 a. the Department of Public Safety,
1109-
11101931 b. a police department,
1111-
11121932 c. a sheriff’s office, and
1113-
11141933 d. a university or college campus police department.
1115-
11161934 3. The fee for the certification test shall be Two Hundred
11171935 Dollars ($200.00) and the annual recertification test fee shall be
11181936 One Hundred Dollars ($100.00) per canine team. A retest fee of
11191937 Fifty Dollars ($50.00) will be charged if the team fails the test.
11201938 No such fee shall be charged to any local, state or federal
11211939 government agency. The fees provided for in this paragraph shall be
11221940 deposited to the credit of the CLEET Fund created pursuant to
11231941 Section 1313.2 of Title 20 of the Oklahoma Statutes.
1124-
11251942 M. All tribal police officers of any Indian tribe or nation who
11261943 have been commissioned by an Oklahoma law enforcement agency
11271944 pursuant to a cross-deputization agreement with the State of
11281945 Oklahoma or any political subdivision of the State of Oklahoma
11291946 pursuant to the provisions of Section 1221 of Title 74 of the
11301947 Oklahoma Statutes shal l be eligible for peace officer certification
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11311975 under the same terms and conditions required of members of the law
11321976 enforcement agencies of the State of Oklahoma and its political
11331977 subdivisions. CLEET shall issue peace officer certification to
11341978 tribal police officers who, as of July 1, 2003, are commissioned by
11351979 an Oklahoma law enforcement agency pursuant to a cross -deputization
11361980 agreement with the State of Oklahoma or any political subdivision of
11371981 the State of Oklahoma pursuant to the provisions of Section 1221 o f
1138-
1139-ENR. S. B. NO. 242 Page 27
11401982 Title 74 of the Oklahoma Statutes and have met the training and
11411983 qualification requirements of this section.
1142-
11431984 N. If an employing law enforcement agency in this state has
11441985 paid for CLEET training and the salary of a person while that person
11451986 is completing in this state a basic police course approved by the
11461987 Council and if within one (1) year after initial employment with the
11471988 original employing agency that person resigns and is hired by
11481989 another law enforcement agency in this state, the second agency or
11491990 the person receiving the training shall reimburse the original
11501991 employing agency for the cost of CLEET training and salary paid to
11511992 the person while completing the basic police course by the original
11521993 employing agency. If the person leaves the original employing
11531994 agency later than one (l) year, but less than two (2) years, after
11541995 the initial employment, the second agency or the person receiving
11551996 the training shall reimburse the original employing agency fifty
11561997 percent (50%) of the cost of CLEET training and salary paid t o the
11571998 person while completing the basic police course by the original
1999+
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11582026 employing agency. CLEET shall not be a party to any court action
11592027 based on this provision.
1160-
11612028 O. The Council on Law Enforcement Education and Training, in
11622029 its discretion, may waive all or part of any moneys due to the
11632030 Council, if deemed uncollectable by the Council.
1164-
11652031 P. Peace officers, reserve peace officers, tribal peace
11662032 officers, agencies, bail enforcers, security guards and private
11672033 investigators shall maintain with the Council current ma iling
11682034 addresses and shall notify the Council, in writing, of any change of
11692035 address or name. Notification of change of name shall require
11702036 certified copies of any marriage license or other court document
11712037 which reflects the change of name. Notice of change of address or
11722038 telephone number must be made within ten (10) days of the effected
11732039 change. Notices shall not be accepted over the phone. In any
11742040 proceeding in which the Council is required to serve notice or an
11752041 order on an individual or an agency, the Counc il may send a letter
11762042 to the mailing address on file with the Council. If the letter is
11772043 returned and a notation of the U.S. Postal Service indicates
11782044 “unclaimed”, or “moved”, or “refused” or any other nondelivery
11792045 markings and the records of the Council indi cate that no change of
11802046 address as required by this subsection has been received by the
1181-
1182-ENR. S. B. NO. 242 Page 28
11832047 Council, the notice and any subsequent notices or orders shall be
11842048 deemed by the Court as having been legally served for all purposes.
2049+
2050+SB242 HFLR Page 41
2051+BOLD FACE denotes Committee Amendments. 1
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11852075
11862076 Q. All CLEET records of Bail Enfor cers may be released only in
11872077 compliance with this section and the Oklahoma Bail Enforcement and
11882078 Licensing Act. All records in CLEET possession concerning other
11892079 persons or entities shall be released only in compliance with this
11902080 section and the Oklahoma Ope n Records Act.
1191-
11922081 SECTION 2. AMENDATORY Section 1, Chapter 254, O.S.L.
11932082 2018, as amended by Section 1, Chapter 20, O.S.L. 2019 (70 O.S.
11942083 Supp. 2020, Section 3311.17), is amended to read as follows:
1195-
11962084 Section 3311.17. A. Any state -supported technology center
11972085 school in the State of Oklahoma this state operating under the State
11982086 Board of Career and Technology Education or any higher education
11992087 institution in this state shall be authorized to, upon application
12002088 and approval of the Council on L aw Enforcement Education and
12012089 Training (CLEET), offer courses of study for law enforcement
12022090 certification, basic peace officer certification academies and other
12032091 law-enforcement-related training. Commissioned and noncommissioned
12042092 individuals and those individ uals appointed or not appointed by a
12052093 law enforcement agency may attend the courses or training offered by
12062094 the technology center school or higher education institution. CLEET
12072095 shall vote to approve or deny an application to offer courses or
12082096 training offered pursuant to this section. Notice of denial of
12092097 application shall include a clear and concise statement for which
12102098 the denial is based. CLEET may authorize up to two new entities
12112099 each year to offer courses or training The application created by
2100+
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2102+BOLD FACE denotes Committee Amendments. 1
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12122127 CLEET shall not exceed twenty pages in total form . Courses and
12132128 training offered by authorized entities shall consist of actual
12142129 classroom training at each entity location. All non-classroom
12152130 Authorized entities may contract with CLEET for non -classroom
12162131 training shall be provided at the CLEET training facility, unless
12172132 approved otherwise by CLEET .
1218-
12192133 B. Any courses or training offered pursuant to this section
12202134 shall meet minimum standards established for peace officers as set
12212135 forth in Section 3311 of Title 70 of the Oklaho ma Statutes this
12222136 title and meet all applicable eligibility requirements for students
12232137 to receive benefits pursuant to any of the federal G.I. bills. All
12242138 participants in any courses or training offered pursuant to this
1225-
1226-ENR. S. B. NO. 242 Page 29
12272139 section shall be required to submit al l background investigation
12282140 requirements as set forth in Section 3311 of Title 70 of the
12292141 Oklahoma Statutes this title.
1230-
12312142 C. Any state-supported technology center school in the State of
12322143 Oklahoma this state operating under the State Board of Career and
12332144 Technology Education or any higher education institution in this
12342145 state shall be authorized to set and administer their own rates for
12352146 tuition and fees for courses or training offered pursuant to this
12362147 section.
1237-
12382148 D. Notwithstanding any other provision of law, any mat erials
12392149 and records provided by CLEET to any institution of higher education
12402150 or state-supported technology center school conducting a basic law
2151+
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12412178 enforcement training shall remain the property of CLEET and retain
12422179 confidential status and shall not be released except under the
12432180 conditions contained in Section 24A.8 of Title 51 of the Oklahoma
12442181 Statutes. In addition, any materials and records provided by any
12452182 institution of higher education or state -supported technology center
12462183 school conducting basic law enforcemen t training to CLEET shall be
12472184 subject to these same limitations on release. Such materials and
12482185 records include, but are not limited to, all records maintained
12492186 pursuant to Section 3311 of this title and records relating to any
12502187 employed or certified full -time officer, reserve officer, retired
12512188 officer or other person; teacher lesson plans, tests and other
12522189 teaching materials; and personal communications concerning
12532190 individual students except under the circumstances set forth in
12542191 Section 24A.8 of Title 51 of the O klahoma Statutes.
1255-
12562192 SECTION 3. This act shall become effective November 1, 2021.
12572193
1258-
1259-ENR. S. B. NO. 242 Page 30
1260-Passed the Senate the 9th day of March, 2021.
1261-
1262-
1263-
1264- Presiding Officer of the Senate
1265-
1266-
1267-Passed the House of Representatives the 21st day of April, 2021.
1268-
1269-
1270-
1271- Presiding Officer of the House
1272- of Representatives
1273-
1274-OFFICE OF THE GOVERNOR
1275-Received by the Office of the Governor this _______ _____________
1276-day of _________________ __, 20_______, at _______ o'clock _______ M.
1277-By: _______________________________ __
1278-Approved by the Governor of the State of Oklahoma this _____ ____
1279-day of _________________ __, 20_______, at _______ o'clock _______ M.
1280-
1281- _________________________________
1282- Governor of the State of Oklahoma
1283-
1284-
1285-OFFICE OF THE SECRETARY OF STATE
1286-Received by the Office of the Secretary of State this _______ ___
1287-day of __________________, 20 _______, at _______ o'clock _______ M.
1288-By: _______________________ __________
2194+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/06/2021 -
2195+DO PASS.