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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1976 By: Humphrey, Newton, and
McDugle of the House
and
Burns of the Senate
An Act relating to the Department of Public Sa fety;
authorizing the Commissioner of Public Safety to make
certain assignments to Department of Public Safety
personnel; *** of information in certain criminal
proceedings; providing for codification; and
declaring an emergency.
AUTHOR: Remove as principal Senate author Burns and substitute as
principal Senate author Hamilton. Retain Burns as Senate
coauthor
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to the Department of Public Sa fety;
authorizing the Commissioner of Public Safety to make
certain assignments to Department of Public Safety
personnel; authorizing certain Department employees
to carry a firearm; prohibiting the release of
certain information; making certain exception;
authorizing Commissioner to release certain
information; setting penalty for unauthorized release
of information; defining t erm; stating that certain
information is privileged, not discoverable, nor
subject to subpoena or court order for production;
allowing for production of information in certain
criminal proceedings; providing for codification; and
declaring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to b e codified
in the Oklahoma Stat utes as Section 2-105.9 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. The Commissioner of Public Safety m ay assign personnel
within the Department of Public Safety to:
1. Collect information concerning the activity and identity of
individuals reasonably believed to be engaged in terrorism , threats
to public safety, organized crime , criminal conspiracies , or any
other threats of violent crime ;
2. Analyze collected information and disseminate such
information to other law enforcement agencies ;
3. Coordinate the effort of this state with local, state, and
federal agencies to protect citizens from terrorism, th reats to
public safety, organized crime, criminal conspiracies, or any other
threats of violent crime by creating a clearinghous e of crime-
related information for use by local, state, and federal law
enforcement agencies; and
4. Provide training to peace officers of this state concerning
the legal collection, preservation, and dissemination of crime -
related information.
B. The Commissioner may assign attorneys of the Department of
Public Safety to support s uch criminal analysis and investigative
functions, including providing assistance to the d istrict attorney
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in pursuing search warrants, arrest warrants, and other forms of
court orders and process in connection with criminal investigations
of the Department of Public Safety. With written authorization f rom
the Commissioner, Department attorneys assigned to these duties, who
have been certified by the Council on Law Enforcement E ducation and
Training to carry a weapon or have been issued a handgun license
pursuant to the provisions of the Oklahoma Self -Defense Act, shall
be authorized to carry a firearm on his or her person, whether on
duty or off duty, anywhere in the state pursuant to paragraph 3 of
subsection A of Section 1272 and paragraph 1 of subsectio n H of
Section 1277 of Title 21 of the Oklahoma S tatutes.
C. Release of information compiled pursuant to this section
shall be prohibited except for release of information to l aw
enforcement agencies and prosecutorial authorities for the purpose
of crime prevention, criminal investigation, or criminal
prosecution. If the Commissioner determines it necessary to do so
in the interest of public safety or crime prevention, the
Commissioner may authorize the release of information compiled
pursuant to this sec tion to leadership of the state or any political
subdivision, critical infrastructure personnel, the target of any
threat, or any segment of the public. Unauthorized release or
unauthorized use of this information shall be a misdemeanor and
shall be punishable by incarceration in the county jail not
exceeding one (1) year or a fine not exceeding Fifty Thousand
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Dollars ($50,000.00), or by both such fine and imprisonment. As
used in this section, “unauthorized release” or “unauthorized use”
shall include, but not be limited to, giving the information to a ny
person who is not a law enforcement officer or prosecutorial
authority unless necessitated by an ongoing criminal investigati on,
or release of information to a law enforcement officer who is not
engaged in a criminal investigation requiring the informat ion or who
is not authorized by his or her agency to receive such information,
or release of information without the express aut hority of the
Commissioner or in violation of any rules promulgated by the
Department of Public Safety. Information collected a nd compiled
under the authority of this section shall be privileged and not
discoverable nor subject to subpoena or order for pr oduction issued
by any court, other than production in a district court crimina l
proceeding for the prosecution of crimes which are the subject of
the information sought.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.”
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Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1976 By: Humphrey, Newton, and
McDugle of the House
and
Burns of the Senate
An Act relating to the Department of Public Safety;
authorizing the Commissioner of Public Safety to make
certain assignments to Department of Public Safety
personnel; authorizing certain Department employees
to carry a firearm; prohibiting the release of
certain information; making certain exception;
authorizing Commissioner to release certain
information; setting penalty for unauthori zed release
of information; defining t erm; stating that certain
information is privileged, not discoverable, nor
subject to subpoena or court order for production;
allowing for production of information in certain
criminal proceedings; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 3. NEW LAW A new section of law t o be codified
in the Oklahoma Stat utes as Section 2-105.9 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. The Commissioner of Public Safety may assign personnel
within the Department of Public Safety to:
1. Perform assessments or investigations into te rrorism,
threats to public safety, organized crime, cr iminal conspiracies, or
any other threats of violent crime;
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2. Collect information concerning the activity and identity of
individuals reasonably believed to be enga ged in terrorism, threats
to public safety, organized crime, criminal conspiracies, or any
other threats of violent crime;
3. Analyze collected information and disseminate such
information to other law enforcement agencies;
4. Coordinate the effort of th is state with local, state, and
federal agencies to protect citizens from terrorism, threa ts to
public safety, organized crime, criminal conspiracies, or any other
threats of violent crime by creating a clearinghous e of crime-
related information for use by local, state, and federal law
enforcement agencies; and
5. Provide training to peace off icers of this state concerning
the legal collection, preservation, and dissemination of crime -
related information.
B. The Commissioner may assign attorneys of the De partment of
Public Safety to support s uch criminal analysis and investigative
functions, including providing assistance to the d istrict attorney
in pursuing search warrants, arrest warrants, and other forms of
court orders and process in connection with cr iminal investigations
of the Department of Public Safety. With written authorization from
the Commissioner, Department attorneys assigned to these duties, who
have been certified by the Council on Law Enforcement E ducation and
Training to carry a weapon o r have been issued a handgun license
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pursuant to the provisions of the Oklahoma Self -Defense Act, shall
be authorized to carry a firearm on his or her person, whether on
duty or off duty, anywhere in the state pursuant to paragraph 3 of
subsection A of Section 1272 and paragraph 1 of subsectio n H of
Section 1277 of Title 21 of the Oklahoma Stat utes.
C. Release of information compiled pursuant to this section
shall be prohibited except for release of information to l aw
enforcement agencies and prosecutorial authorities for the purpose
of crime prevention, criminal investigation, or criminal
prosecution. If the Commissioner determines it necessary to do so
in the interest of public safety or crime prevention, the
Commissioner may authorize the release of inf ormation compiled
pursuant to this sec tion to leadership of the state or any political
subdivision, critical infrastructure personnel, the target of any
threat, or any segment of the public. Unauthorized release or
unauthorized use of this information sha ll be a misdemeanor and
shall be punishable by incarceration in the county jail not
exceeding one (1) year or a fine not exceeding Fifty Thousand
Dollars ($50,000.00), or by both such fine and imprisonment. As
used in this section, "unauthorized release " or "unauthorized use"
shall include, but not be limited to, giving the information to any
person who is not a law enforcement officer or prosecutorial
authority unless necessitated by an ongoing criminal investigati on,
or release of information to a law en forcement officer who is not
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engaged in a criminal investigation requiring the information or who
is not authorized by his or her agency to receive such information,
or release of information without the express aut hority of the
Commissioner or in violatio n of any rules promulgated by the
Department of Public Safety. Information collected and compiled
under the authority of this section shall be privileged and not
discoverable nor subject to subpoena or order for pr oduction issued
by any court, other than production in a district court crimina l
proceeding for the prosecution of crimes which are the subject of
the information sought.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of t he Senate
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