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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 811 By: Pugh
AS INTRODUCED
An Act relating to law enforcement training;
providing certain deadline for crisis inter vention
training; providing for certain requirement; amending
70 O.S. 2011, Section 3311.4, as last amended by
Section 1, Chapter 339, O.S.L. 2019 (70 O.S. Supp.
2020, Section 3311.4), which relates to continuing
law enforcement training; requiring certain training;
amending 70 O.S. 201 1, Section 3311.5, as last
amended by Section 66, Chapter 161, O.S.L. 2020 (70
O.S. Supp. 2020, Section 3311.5), which relates to
law enforcement certification; requiring certain
training; providing for codification; and prov iding
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
No later than November 1, 2024, all law enforcement agencies
operating in this state shall be required to have twenty-five
percent (25%) of all employed full-time peace officers, certified by
the Council on Law Enforcement Education and Trainin g pursuant to
Section 3311 of Title 70 of the Oklahoma Statutes, to be trained in
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crisis intervention training , as provided by the Department of
Mental Health and Substance Abuse Services.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 3311.4, as
last amended by Section 1, Chapter 339, O.S.L. 2019 ( 70 O.S. Supp.
2020, Section 3311.4), is amended to read as follows:
Section 3311.4. A. Beginning January 1, 2008, and annually
thereafter, every active full -time peace officer, certified 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) hours of continuing law enforcement training
accredited or provide d by CLEET which shall include a mandatory two
(2) hours on mental health issues. Effective November 1, 2019,
CLEET shall establish appropriate training resources which shall
include the policies and protocols for responding to sexual assault
calls, guidelines for the collection and mai ntenance 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 such training on a
regular basis to be determined by CLEET. CL EET 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 be necessary for law
enforcement officers attending such trai ning in accordance with
subsection B of Section 3311 of this title. Such training and
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seminars shall be conducted in all areas of this state at technolog y
center schools, institutions of higher education, or other approved
sites.
B. Beginning January 1, 2017 2022, and annually thereafter,
every active reserve peace officer, certified by CLEET pursuant to
Section 3311 of this title, shall attend and comple te a minimum of
eight (8) hours of continuing law enforcement training accredited or
provided by CLEET which shall include a mandatory one (1) hour on
mental health issues and a mandatory one (1) hour on crisis
intervention training .
C. Every inactive ful l-time or reserve peace officer, certified
by CLEET, shall be exempt f rom these requirements during th e
inactive status. Upon reentry to full -time active status, the p eace
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 yea rs, the officer must complete re fresher
training as prescribed by CLEET and which shall include a minimum of
four (4) hours of mental health education and training, within one
(1) year of employment. Upon reentry to active reserve status, the
peace officer shall be required to comply wi th subsection B of this
section. If a certified reserve officer h as been inactive for five
(5) or more years, the certified reserve officer shall complet e a
legal update as prescribed by CLEET. The Director of CLEET may
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waive these requirements based on review of all records of
employment and training.
D. Every tribal officer who is commissioned by an Oklahoma law
enforcement agency pursuant to a cross -deputization agreement with
the State of Oklahoma or any political subd ivision of the State of
Oklahoma pursuant to the provisions 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, or
CLEET-certified cross-deputized tribal officer who fails to m eet the
annual training requirements specified in this section, sh all be
subject to having the certification of the peace officer suspended,
after 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 capacity 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 chief law
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enforcement officer of the law enforcement agency. Any officer
whose certification is suspended pursu ant to this section may
request a hearing with CLEET. Such hearin gs shall be governed by
the Administrative Procedures Act except that the affected offic er
has the burden to show CLEET why CLEET should not have the
certification of 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 meeting mandatory continuing
education requirements as set forth in this section upon return t o
active full-time or reserve peace officer status within sixty (60)
days of the date of return to employment, commission or appointment.
Failure to complete the mandatory continuing educat ion 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 officers
who return to active status within the calendar year they become
inactive must complete the annual mandato ry 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 required to
complete only the training requirements for reserve certification.
For purposes of the requirements outlined in subsection F of this
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section, full-time peace officers who w orked both in the capacity of
a full-time peace officer and reserve of ficer in a calendar year
must complete full-time continuing education requirements.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 3311.5, as
last amended by Section 66, Chapter 161, O.S.L. 2020 ( 70 O.S. Supp.
2020, Section 3311.5), is amended to read as follows:
Section 3311.5. A. On and after November 1, 2007, the Council
on Law Enforcement Education and Training (CLEET), pursuant to its
authority granted by Section 3311 of this title, shall include in
its required basic training courses for law enforcement
certification a minimum of four (4) hours of e ducation and training
relating to recognizing and managing a person appearing to req uire
mental health treatment or services. The Council shall further
offer a minimum of four (4) h ours of education and training on
specific mental health issues pursuant t o Section 3311.4 of this
title to meet the annual requirement for continuing educati on in the
areas of mental health issues.
B. By January 1, 2008, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of study for law enforcement certification a
minimum of six (6) hours of evidence-based sexual assault and sexual
violence training. A portion of the sexual assault a nd sexual
violence training shall include instructi on presented by a certi fied
sexual assault service provider.
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C. By January 1, 2012, every active full -time peace officer,
previously certified by CLEET pursuant to Section 3311 of this
title, shall be required to attend and complete the evidence -based
sexual assault and sexual violence training provided in subsection B
of this section.
D. CLEET shall promulga te rules to enforce the provisions of
subsections B and C of this section and shall, with the assi stance
of certified sexual assault service provider s, establish a
comprehensive integrated curriculum for the teaching of evidence -
based sexual assault and se xual violence issues.
E. The Council is required to update that block of training or
course materials relating to legal issues, concepts, and state laws
annually, but not later than ninety (90) days following the
adjournment of any legislative session.
F. By January 1, 2009, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of st udy for law enforcement certification oil
field equipment theft training.
G. By January 1, 2012, CLEET, pu rsuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall establish and
include in its required courses of study for law enfor cement
certification a minimum of eight (8) hours of evidence -based
domestic violence and stalking investig ation training. The training
should include, at a minimum, the importance of reporting domestic
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violence incidents, determining the predominant aggr essor, evidence-
based investigation of domestic violence and stalking, lethality
assessment, and personal s afety planning necessary at the pretrial
stages of a potential criminal case. A portion of the tr aining
shall include instruction presented by an ex pert victim advocate
selected from recommendations provided by the Office of the Attorney
General or the Domestic Violence Fatality Review Board. The
training shall be developed in collaboration with the Domestic
Violence Fatality Review Board, and where applicable, shall repla ce
existing domestic violence and stalking courses currently required.
H. By January 1, 2012, the evidence -based domestic violence and
stalking investigation curriculum developed in collaboration with
the Domestic Violence Fatality Review Board shall be s ubmitted to
the Council for approval.
I. CLEET shall establish the training provide d in subsection G
of this section as a part of CLEET 's peace officer continuing
education program and develop a plan to train full -time peace
officers previously certified by CLEET pursuant to Section 3311 of
this title where applicable. The Office of the Attorney General
shall provide a list of expert victim advocates that are available
to assist in the training.
J. The Council is authorized to pay for and send training s taff
and employees to one or more training and education courses in
jurisdictions outside this state for the purpose of expanding
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curriculum, training skill development, and general knowledge within
the field of law enforcement educa tion and training.
K. On and after November 1, 2013, CLEET, pursuant to its
authority granted by Section 3 311 of this title, shall include in
its required basic training courses for law enforcement
certification a minimum of two (2) hours of education and training
relating to recognizing and managing a person experiencing dementia
or Alzheimer's disease.
L. By November 1, 2019, CLEET shall establish appropriate
training resources focused on protocol for h andling and processing
sexual assault calls. The t raining shall include, but not be
limited to:
1. How to handle the sexual assault call upon first contact;
2. Determining when the assault occurred;
3. Where to take the victim;
4. Questioning witnesse s and collecting evidence; and
5. Informing and as sisting the victim in a ccessing resources,
help and information.
M. The Council shall promulgate rules to evaluate and approve
municipalities and counties that are deemed capable of conducting
separate basic law enforcement training academies in their
jurisdiction and to certif y officers successfully completing such
academy training courses. Upon application to the Council, any
municipality with a population of sixty -five thousand (65,000) or
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more or any county with a population of five hundred thousand
(500,000) or more shall be authorized to operate a basic law
enforcement academy. In addition, upon applica tion and approval
from the Council, a municipality with a population under sixty -five
thousand (65,000) or a county with a population under five hund red
thousand (500,000) may be authorized to operate a basic law
enforcement academy; provided, however, the Council may approve no
more than two such applications per year. The Council shall approve
an application when the municipality or county making th e
application meets the criteria for a separate training academy and
demonstrates to the satisfaction of th e Council that the academy has
sufficient resources to conduct the training, the instructional
staff is appropriately trained and qualified to teach the course
materials, the curriculum is composed of comparable or higher
quality course segments to the CLE ET academy curriculum, and the
facilities where the academy will be conducted are safe and
sufficient for law enforcement training purposes. Any mun icipality
or county authorized to operate a basic law enforcement academy
after November 1, 2007, shall not be eligible to receive funds
pursuant to subsection E of Section 1313.2 of Title 20 of the
Oklahoma Statutes. The Council shall not provide any fun ding for
the operation of any separate training academy authorized by this
subsection.
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N. Any municipality or county that, prior to November 1, 2007,
was authorized to conduct a basic law enforcement acad emy shall
continue to receive funding pursuant to s ubsection E of Section
1313.2 of Title 20 of the Oklahoma Statutes.
O. In addition to the provisions of subsection A of this
section, by January 1, 2022, CLEET, pursuant to its authority
granted by Section 3311 of this title, shall include in its required
basic training courses for law enforcement certification a minimum
of four (4) hours of education and training in crisis intervention
training.
SECTION 4. This act shall become effective November 1, 2021.
58-1-1555 BG 1/21/2021 2:54:32 PM