Req. No. 5029 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2851 By: Wallace AS INTRODUCED An Act relating to investigations; amending 74 O.S. 2021, Section 150.2, which relates to the powers and duties of the Oklahoma State Bureau of Investigation ; authorizing certain requests for investigations under certain conditions following certain procedures; establishing procedures; authorizing certain discretion; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.2, is amended to read as follows: Section 150.2 A. The Oklahoma State Bureau of Investigation shall have the power and duty to: 1. Maintain a nationally accredited scientific laboratory to assist all law enforcement agencies in the discovery and detection of criminal activity; 2. Maintain fingerprint and other identification files including criminal history records, juvenile identification files, and DNA profiles; Req. No. 5029 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Establish, coordinate and maintain the automated fingerprint identification system (AFIS) and the deoxyribo nucleic acid (DNA) laboratory; 4. Operate teletype, mobile and fixed radio or other communications systems; 5. Conduct schools and tr aining programs for the agents, pea ce officers, and technicians of this state charged with the enforcement of law and order and the investigation and detection of crime; 6. Assist the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Chief Medical Examiner , and all law enforcement officers and district attorneys when such assistance is requested, in accordance with the policy determined by the Oklahoma State Bureau of Investigation Commission established in Section 150.3 of this title; 7. Investigate and d etect criminal activity when directed to do so by the Governor; 8. Investigate, detec t, institute and maintain actions involving vehicle theft pursuant to Section 150.7a of this title or oil, gas or oil field equipment t heft pursuant to Sections 152.2 through 152.9 of this title; 9. Investigate any criminal threat made to the physical saf ety of elected or appointed officials of this state or any political subdivision of the state and forward the results of that investigation to the Department of Public Sa fety, and provide Req. No. 5029 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 security to foreign elected or appointed officials while they are in this state on official business; 10. Investigate and detect violations of the Oklahoma Computer Crimes Act; 11. Investigate and enfo rce all laws relating to any crime listed in Section 571 of Title 57 of the Oklahoma Statutes that occurs on the turnpike s; 12. Investigate and detect criminal activity involving files, records, assets, properties, buildings or employees of the Oklahoma State Bureau of Investigation. Noth ing in this paragraph shall limit or prevent any criminal investigation of the matter by the sheriff of the county or any law enforcement agency of competent jurisdiction; and 13. Contract with municipal or county law en forcement agencies to conduct administrative reviews of law enforcement use -of-force investigations for compliance with c urrent investigative procedures, standards and law. All funds received as a result of the contract will be deposited in the OSBI Revol ving Fund. Any review of use -of- force investigation shall be done by a certified police officer. B. The Oklahoma State Bureau of Investi gation may be requested to investigate homicides in which there is a suspicion of foul play. Any such request shall c ome directly from law enforcement o r others authorized by law to request investi gations conducted by the Oklahoma State Bureau of Investigation. If a person having Req. No. 5029 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 knowledge of the circumstance s surrounding the death has a reasonable basis to believe that the death is suspicious in nature, such person may request law enforcement seek assistance from the Oklahoma State Bureau of Investigation. All such requests shall be forwarded to the Oklahoma State Bureau of Investigation at the discretion of the entity who has received such a request. SECTION 2. This act shall become effective November 1, 2023. 59-1-5029 JM 01/05/23