OK
Oklahoma Senate Bill SB811

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB811 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 811 By: Pugh of the Senate
29+SENATE FLOOR VERSION
30+March 1, 2021
3031
31- and
3232
33- Ford of the House
33+COMMITTEE SUBSTITUTE
34+FOR
35+SENATE BILL NO. 811 By: Pugh
36+
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3538
3639
3740
3841 [ law enforcement training - deadline for crisis
3942 intervention training - law enforcement certification
4043 - codification - effective date ]
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4649 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4750 SECTION 1. NEW LAW A new section of law to be codified
4851 in the Oklahoma Statutes as Section 1-111 of Title 43A, unless there
4952 is created a duplication in numbering, reads as follows:
5053 No later than November 1, 2024, all law enforcement agencies
5154 operating in this state shall be required to have twenty-five
5255 percent (25%) of all employed full-time peace officers, certified by
5356 the Council on Law Enforcement Education and Training pursuant to
5457 Section 3311 of Title 70 of the Oklahoma Statutes, to be trained in
5558 crisis intervention training, as provided by the Department of
5659 Mental Health and Substance Abuse Services.
5760 SECTION 2. AMENDATORY 70 O.S. 2011, Section 3311.4, as
5861 last amended by Section 1, Chapter 339, O.S.L. 2019 ( 70 O.S. Supp.
5962 2020, Section 3311.4), is amended to read as follows:
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8690 Section 3311.4. A. Beginning January 1, 2008, and annually
8791 thereafter, every active full -time peace officer, certified by the
8892 Council on Law Enforcement Education and Training (CLEET) pursuant
8993 to Section 3311 of this title, shall attend and complete a minimum
9094 of twenty-five (25) hours of continuing law enforcement training
9195 accredited or provide d by CLEET which shall include a mandatory two
9296 (2) hours on mental health issues. Effective November 1, 2019,
9397 CLEET shall establish appropriate training resources which shall
9498 include the policies and protocols for responding to sexual assault
9599 calls, guidelines for the collection and maintenance of sexual
96100 assault kits and continuing education on trauma -informed sexual
97101 assault response and intervention, and shall require all CLEET -
98102 certified law enforcement officers to complete such training on a
99103 regular basis to be determined by CLEET. CLEET shall promulgate
100104 rules to enforce the provisions of this section and shall enter into
101105 contracts and agreements for the payment of classroom space,
102106 training, food, and lodging expenses as may be necessary for law
103107 enforcement officers attending such training in accordance with
104108 subsection B of Section 3311 of this title. Such training and
105109 seminars shall be conducted in all areas of this state at technolog y
106110 center schools, institutions of higher education, or other approved
107111 sites.
108112 B. Beginning January 1, 2017 2022, and annually thereafter,
109113 every active reserve peace officer, certified by CLEET pursuant to
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136141 Section 3311 of this title, shall attend and comple te a minimum of
137142 eight (8) hours of continuing law enforcement training accredited or
138143 provided by CLEET which shall include a mandatory one (1) hour on
139144 mental health issues and a mandatory one (1) hour on crisis de-
140145 escalation training.
141146 C. Every inactive ful l-time or reserve peace officer, certified
142147 by CLEET, shall be exempt from these requirements during the
143148 inactive status. Upon reentry to full-time active status, the p eace
144149 officer shall be required to comply with subsection A of this
145150 section. If a full-time certified peace officer has been inactive
146151 for five (5) or more ye ars, the officer must complete refresher
147152 training as prescribed by CLEET and which shall include a minimum of
148153 four (4) hours of mental health education and training, within one
149154 (1) year of employment. Upon reentry to active reserve status, the
150155 peace officer shall be required to comply with subsection B of this
151156 section. If a certified reserve officer h as been inactive for five
152157 (5) or more years, the certified reserve officer shall complet e a
153158 legal update as prescribed by CLEET. The Director of CLEET may
154159 waive these requirements based on review of all records of
155160 employment and training.
156161 D. Every tribal officer who is commissioned by an Oklahoma law
157162 enforcement agency pursuant to a cross -deputization agreement with
158163 the State of Oklahoma this state or any political subdivision of the
159164 State of Oklahoma this state pursuant to the provisions of Section
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186192 1221 of Title 74 of the Okl ahoma Statutes shall comply with the
187193 provisions of this section.
188194 E. Any active full-time or reserve certified peace officer, or
189195 CLEET-certified cross-deputized tribal officer who fails to meet the
190196 annual training requirements specified in this section, sh all be
191197 subject to having the certification of the peace officer suspended,
192198 after the peace officer and the employer have been given written
193199 notice of noncompliance and a reasonable time, as defined by the
194200 Council, to comply with the provisions of this sect ion. A peace
195201 officer shall not be employed in the capacity of a peace officer
196202 during any period of suspension. The suspension period shall be for
197203 a period of time until the officer files a statement attesting to
198204 full compliance with the provisions of thi s section. Suspension of
199205 peace officer certification shall be reported to the district
200206 attorney for the jurisdiction in which the officer is employed, the
201207 liability insurance company of the law enforcement agency that
202208 employed the peace officer, the chief elected official of the
203209 governing body of the law enforcement agency and the chief law
204210 enforcement officer of the law enforcement agency. Any officer
205211 whose certification is suspended pursuant to this section may
206212 request a hearing with CLEET. Such hearin gs shall be governed by
207213 the Administrative Procedures Act except that the affected offic er
208214 has the burden to show CLEET why CLEET should not have the
209215 certification of the officer suspended.
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236243 F. All certified, active full-time or reserve peace officers
237244 employed, commissioned or appointed for a period of ninety (90) days
238245 in a calendar year, who become inactive prior to the end of a
239246 calendar year, are responsible for meeting mandatory continuing
240247 education requirements as set forth in this section upon return t o
241248 active full-time or reserve peace officer status within sixty (60)
242249 days of the date of return to employment, commission or appointment.
243250 Failure to complete the mandatory continuing education within sixty
244251 (60) days may result in disciplinary action as se t forth in CLEET
245252 Rules at OAC 390:2. Full -time or reserve certified peace officers
246253 who return to active status within the calendar year they become
247254 inactive must complete the annual mandatory continuing education
248255 requirements outlined in this section with in the remaining portion
249256 of the calendar year.
250257 G. Peace officers with full -time certification who worked
251258 during a calendar year only as a reserve officer are required to
252259 complete only the training requirements for reserve certification.
253260 For purposes of the requirements outlined in subsection F of this
254261 section, full-time peace officers who w orked both in the capacity of
255262 a full-time peace officer and reserve officer in a calendar year
256263 must complete full-time continuing education requirements.
257264 SECTION 3. AMENDATORY 70 O.S. 2011, Section 3311.5, as
258265 last amended by Section 66, Chapter 161, O.S.L. 2020 ( 70 O.S. Supp.
259266 2020, Section 3311.5), is amended to read as follows:
260267
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286294 Section 3311.5. A. On and after November 1, 2007, the Council
287295 on Law Enforcement Education and Training (CLEET), pursuant to its
288296 authority granted by Section 3311 of this title, shall include i n
289297 its required basic training courses for law enforcement
290298 certification a minimum of four (4) hours of e ducation and training
291299 relating to recognizing and managing a person appearing to req uire
292300 mental health treatment or services. The Council shall further
293301 offer a minimum of four (4) hours of education and training on
294302 specific mental health issues pursuant t o Section 3311.4 of this
295303 title to meet the annual requirement for continuing educati on in the
296304 areas of mental health issues.
297305 B. By January 1, 2008, CLE ET, pursuant to its authority granted
298306 by Sections 3311 and 3311.4 of this title, shall include in its
299307 required courses of study for law enforcement certification a
300308 minimum of six (6) hours of evidence-based sexual assault and sexual
301309 violence training. A p ortion of the sexual assault and sexual
302310 violence training shall include instruction presented by a certi fied
303311 sexual assault service provider.
304312 C. By January 1, 2012, every active full -time peace officer,
305313 previously certified by CLEET pursuant to Section 33 11 of this
306314 title, shall be required to attend and complete the evidence-based
307315 sexual assault and sexual violence training provided in subsection B
308316 of this section.
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335344 D. CLEET shall promulga te rules to enforce the provisions of
336345 subsections B and C of this se ction and shall, with the assistance
337346 of certified sexual assault service providers, establish a
338347 comprehensive integrated curriculum for the teaching of evidence -
339348 based sexual assault and se xual violence issues.
340349 E. The Council is required to update that blo ck of training or
341350 course materials relating to legal issues, concepts, and state laws
342351 annually, but not later than ninety (90) days following the
343352 adjournment of any legislative session.
344353 F. By January 1, 2009, CLEET, pursuant to its authority granted
345354 by Sections 3311 and 3311.4 of this title, shall include in its
346355 required courses of study for law enforcement certification oil
347356 field equipment theft training.
348357 G. By January 1, 2012, CLEET, pu rsuant to its authority granted
349358 by Sections 3311 and 3311.4 of this title, shall establish and
350359 include in its required courses of study for law enforcement
351360 certification a minimum of eight (8) hours of evidence -based
352361 domestic violence and stalking investig ation training. The training
353362 should include, at a minimum, the impo rtance of reporting domestic
354363 violence incidents, determining the predominant aggressor, evidence-
355364 based investigation of domestic violence and stalking, lethality
356365 assessment, and personal safety planning necessary at the pretrial
357366 stages of a potential crimi nal case. A portion of the training
358367 shall include instruction presented by an expert victim advocate
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385395 selected from recommendations provided by the Office of the Attorney
386396 General or the Domestic Violence Fatality Review Board. The
387397 training shall be develo ped in collaboration with the Domestic
388398 Violence Fatality Review Board, and where applicable, shall repla ce
389399 existing domestic violence and stalking courses currently required.
390400 H. By January 1, 2012, the evidence -based domestic violence and
391401 stalking investigation curriculum developed in collaboration with
392402 the Domestic Violence Fatality Review Board shall be s ubmitted to
393403 the Council for approval.
394404 I. CLEET shall establish the training provide d in subsection G
395405 of this section as a part of CLEET ’s peace officer continuing
396406 education program and develop a plan to train full-time peace
397407 officers previously certified by CLEET pursuant to Section 3311 of
398408 this title where applicable. The Office of the Attorney General
399409 shall provide a list of expert victim advocates th at are available
400410 to assist in the training.
401411 J. The Council is authorized to pay for and send training s taff
402412 and employees to one or more training and education courses in
403413 jurisdictions outside this state for the purpose of expanding
404414 curriculum, training s kill development, and general knowledge within
405415 the field of law enforcement education and training.
406416 K. On and after November 1, 2013, CLEET, pursuant to its
407417 authority granted by Section 3 311 of this title, shall include in
408418 its required basic training cour ses for law enforcement
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435446 certification a minimum of two (2) hours of education and training
436447 relating to recognizing and managing a person experiencing dementia
437448 or Alzheimer’s disease.
438449 L. By November 1, 2019, CLEET shall establish appropriate
439450 training resources focused on protocol for handling and processing
440451 sexual assault calls. The training shall include, but not be
441452 limited to:
442453 1. How to handle the sexual assault call upon first contact;
443454 2. Determining when the assault occurred;
444455 3. Where to take the vi ctim;
445456 4. Questioning witnesses and collecting evidence; and
446457 5. Informing and assisting the victim in a ccessing resources,
447458 help and information.
448459 M. The Council shall promulgate rules to evaluate and approve
449460 municipalities and counties that are deemed cap able of conducting
450461 separate basic law enforcement training academies in their
451462 jurisdiction and to certif y officers successfully completing such
452463 academy training courses. Upon application to the Council, any
453464 municipality with a population of sixty -five thousand (65,000) or
454465 more or any county with a population of five hundred thousand
455466 (500,000) or more shall be authorized to operate a basic law
456467 enforcement academy. In addition, upon applica tion and approval
457468 from the Council, a municipality with a population under sixty-five
458469 thousand (65,000) or a county with a population under five hundred
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485497 thousand (500,000) may be authorized to operate a basic law
486498 enforcement academy; provided, however, the Council may approve no
487499 more than two such applications per year. T he Council shall approve
488500 an application when the municipality or county making the
489501 application meets the criteria for a separate training academy and
490502 demonstrates to the satisfaction of th e Council that the academy has
491503 sufficient resources to conduct the t raining, the instructional
492504 staff is appropriately trained and qualified to teach the course
493505 materials, the curriculum is composed of comparable or higher
494506 quality course segments to the CLE ET academy curriculum , and the
495507 facilities where the academy will be conducted are safe and
496508 sufficient for law enforcement training purposes. Any municipality
497509 or county authorized to operate a basic law enforcement academy
498510 after November 1, 2007, shall not be eligible to receive funds
499511 pursuant to subsection E of Section 13 13.2 of Title 20 of the
500512 Oklahoma Statutes. The Council shall not provide any funding for
501513 the operation of any separate training academy authorized by this
502514 subsection.
503515 N. Any municipality or county that, prior to November 1, 2007,
504516 was authorized to conduc t a basic law enforcement academy shall
505517 continue to receive funding pursuant to subsection E of Section
506518 1313.2 of Title 20 of the Oklahoma Statutes.
507519 O. In addition to the provisions of subsection A of this
508520 section, by January 1, 2022, CLEET, pursuant to its authority
509521
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535548 granted by Section 3311 of this title, shall include in its required
536549 basic training courses for law enforcement certification a minimum
537550 of four (4) hours of education and training in crisis de-escalation
538551 training.
539552 SECTION 4. This act shall become effective November 1, 2021.
540-Passed the Senate the 11th day of March, 2021.
541-
542-
543-
544- Presiding Officer of the Senate
545-
546-
547-Passed the House of Representatives the ____ day of __________,
548-2021.
549-
550-
551-
552- Presiding Officer of the House
553- of Representatives
554-
553+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
554+March 1, 2021 - DO PASS AS AMENDED