Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2869 Amended / Bill

Filed 02/24/2023

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 2869 	By: Wallace 
 
 
 
COMMITTEE SUBSTITUTE 
 
[ Council Law Enforcement and Training – powers 
duties – authority – certification – terms – 
effective date ] 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     70 O.S. 2021, Section 3311, is 
amended to read as follows: 
Section 3311. A.  There is hereby created a Council on Law 
Enforcement Education and Training which shall be, and is hereby 
declared to be, a governmental law enforcement agency of the State 
of Oklahoma, body politic and corporate, with powers of government 
and with the authority to e xercise the rights, pr ivileges and 
functions necessary to ensure the professional training and, 
continuing education , and high moral and ethical character of law 
enforcement officers in the State of Oklahoma.  These r ights, 
privileges and functions include , but are not limited to, those 
specified in Sections 3311 through 3311.15 of this title and in the   
 
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Oklahoma Security Guard and Private Investigator Act and the 
Oklahoma Bail Enforcement and Licen sing Act.  The Counci l shall be 
authorized to require agency employees and the emp loyees of agency 
contractors in positions to have access to Oklahoma Peace Officer 
records, Oklahoma Security Guard and Private Investigator records, 
Oklahoma Bail Enforcemen t and Licensing Act r ecords, to be subject 
to a criminal history search by the Okl ahoma State Bureau of 
Investigation, as well as be fingerprinted for submission of the 
fingerprints through the Oklahoma State Bureau of Investigation to 
the Federal Bureau o f Investigation for a national criminal history 
check.  The Council shall be the r ecipient of the resul ts of the 
record check. In accordance with Section 150.9 of Title 74 of the 
Oklahoma Statutes, this includes a national criminal record with a 
finger print analysis.  The Co uncil shall be composed of thirteen 
(13) members as follows: 
1.  The Commissioner of the Department of Public Safety, or 
designee; 
2.  The Director of the Oklahoma State Bureau of Narcotics and 
Dangerous Drugs Control, or designee; 
3.  The Director of the Oklahoma State Bureau of Investigation, 
or designee; 
4.  One member appointed by t he Governor who shall be a law 
enforcement administrator representing a tribal law enforcement 
agency;   
 
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5.  One member appointed by the Governor who shall be a chief of 
police of a municipality with a population ov er one hundred thousan d 
(100,000), as determined by the latest Federal Decennial Census; 
6.  One member appointed by the Board of Directors of the 
Oklahoma Sheriffs' Association who shall be a she riff of a county 
with a population under twenty -five thousand (25,000), as determi ned 
by the latest Federal Decennial Census; 
7.  One member appointed by the Oklahoma Association of Police 
Chiefs who shall be a chief of police representing a municipality 
with a population over ten thousand (10,000), as determined b y the 
latest Federal Decennial Census; 
8.  One member shall be appointed by the Board of Directors of 
the Oklahoma Sheriffs ' Association who shall be a sheriff of a 
county with a population of twe nty-five thousand (25,000) or more, 
as determined by the lat est Federal Decennial Census; 
9.  One member appointed by the Board of Directors of the 
Fraternal Order of Police who shall have experience as a training 
officer; 
10.  One member appointed by the Chancellor of Higher Education 
who shall be a representative of East Central Unive rsity; 
11.  One member appointed by the Board of Directors of the 
Oklahoma Sheriffs and Peace Officers Association who shall be a 
full-time law enforcement officer in good st anding with CLEET wit hin 
a county with a population under fi fty thousand (50,000);   
 
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12.  The President P ro Tempore of the Senate shall appoint one 
member from a list of three or more nominees submitted by a 
statewide organization representing cities and tow ns that is exempt 
from taxation under federal law and design ated pursuant to the 
provisions of the Inte rnal Revenue Code, 26 U.S.C., Section 170(a); 
and 
13.  The Speaker of the House of Representatives shall appoint 
one member from a list of three or more nominees submitted by an 
organization that assists in the es tablishment of accredi tation 
standards and training programs for law enforcement agencies 
throughout the State of Oklahoma. 
The Executive Director selected by the Council shall be an ex 
officio member of the Council a nd shall act as Secretary.  The 
Council on Law Enforcement Ed ucation and Training shall select a 
chair and vice-chair from among its members.  Members of the Council 
on Law Enforcement Education and Training shall not receive a salary 
for duties performed as members of the Council, but shall be 
reimbursed for their actual and necessary expenses incurred in the 
performance of Council duties pursuant to the provisions of the 
State Travel Reimbursement Act. 
B.  The Council on Law Enforceme nt Education and Trai ning is 
hereby authorized and directed to: 
1.  Appoint a larger Advisory Council t o discuss problems and 
hear recommendations concerning necessary research, minimum   
 
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standards, educational needs, and other matters imperative to 
upgrading Oklahoma law enforc ement to professional status; 
2.  Promulgate rules with respe ct to such matters as 
certification, revocation, suspension, withdrawal and reinstatement 
of certification, minimum courses of study, testing and test scores, 
attendance requirements, equipment a nd facilities, minimum 
qualifications for instructors, minimu m standards for basic and 
advanced in-service courses, and seminars for Oklahoma police and 
peace officers; 
3.  Authorize research, basic and advanced courses, and seminars 
to assist in program p lanning directly and through subcommitt ees; 
4.  Authorize additional staff and ser vices necessary for 
program expansion; 
5.  Recommend legislation necessary to upgrade Oklahoma law 
enforcement to professional status; 
6.  Establish policies and regulations concerning the number, 
geographic and police unit distributio n, and admission requ irements 
of those receiving tuition or scholarship aid available through the 
Council.  Such waiver of costs shall be limited to duly appointed 
members of legally constituted local, county, and state law 
enforcement agencies on the basi s of educational and financial need; 
7.  Appoint an Executive Director and an Assistant Director to 
direct the staff, inform the Council of compliance with the 
provisions of this section and perf orm such other duties imposed on   
 
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the Council by law.  An Exec utive Director appoin ted by the Council 
must qualify for the position with a bachelor or higher degree in 
law enforcement from an accredited college or university, or a 
bachelor or higher degree in a law-enforcement-related subject area, 
and a minimum of five (5) years of acti ve law enforcement experience 
including, but not limited to, responsibility for enforcement, 
investigation, administration, training, or curriculum 
implementation. 
The Executive Director of the Council on Law Enfo rcement 
Education and Training may commissi on CLEET staff as peace officers 
for purposes consistent with the duties of CLEET as set out in state 
law.  The powers and duties conferred on the Execut ive Director or 
any staff member appointed by the Executive Director as a peace 
officer shall not limit the powers and duties of other peace 
officers of this state or any political subdivision thereof.  The 
Executive Director or any staff member appointed by the Executive 
Director as a peace officer may, upon reque st, assist any federal , 
state, county or municipal law enforcement agency; 
8.  Enter into contracts and agreements for the payment of 
classroom space, food, and lodging expenses as may be necessar y for 
law enforcement officers attending any official course of 
instruction approved or conducted by th e Council.  Such expenses may 
be paid directly to the contracting agency or business 
establishment.  The food and lodging expenses for each law   
 
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enforcement officer shall not exceed the authorized rates as 
provided for in the State Trav el Reimbursement Act; provided, 
however, the Council may provide food and lodging to law enforcement 
officials attending any official course of instruction approved or 
conducted by the Council ra ther than paying for the provision of 
such food and lodging b y an outside contract ing agency or business 
establishment; 
9. a. Certify canine teams, consisting of a dog and a 
handler working together as a team, trained to detect: 
(1) controlled dangerous su bstances, or 
(2) explosives, explosive materials, explosive 
devices, or materials which could be used to 
construct an explosive device; 
provided, the dog of a certified canine team shall not 
be certified at any time as both a drug dog and a bomb 
dog, and any dog of a certified canine team who h as 
been previously certified as either a dr ug dog or a 
bomb dog shall not be eligible at any time to be 
certified in the other category. 
b. Upon retiring the dog from the service it was 
certified to perform, the law e nforcement department 
that handled the dog shall retain posse ssion of the 
dog.  The handler shall have first option of adopting 
the dog.  If that option is not exercised, the law   
 
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enforcement department shall provide for its adoption.  
Once adopted the dog shall not be placed back into 
active service; 
10.  Enter into a lease, loan or oth er agreement with the 
Oklahoma Development Finance Authority or a local public trust for 
the purpose of facilitating the financing of a new facility for its 
operations and use and pledge, to the extent authorized by law, all 
or a portion of its receipts of the assessment penalty herein 
referenced for the payment of its obligations under such lease, loan 
or other agreement.  It is the intent of the Legislat ure to increase 
the assessment penalty to such a level or ap propriate sufficient 
monies to the Council on Law Enforcement Education and Training to 
make payments on the lease, loan or other agreement for the purpose 
of retiring the bonds to be issued by th e Oklahoma Developmen t 
Finance Authority or local public tru st.  Such lease, loan or other 
agreement and the bonds issued to finance such facilities shall not 
constitute an indebtedness of the State of Oklahoma or be backed by 
the full faith and credit of the State of Oklahoma , and the lease, 
loan or other agreemen t and the bonds shall contain a statement t o 
such effect; 
11.  Accept gifts, bequests, devises, contributions and grants, 
public or private, of real or personal property; 
12.  Appoint an advisory committee composed of representatives 
from security guard an d private investigativ e agencies to advise the   
 
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Council concerning necessary research, minimum standards for 
licensure, education, and other matters related to licensure of 
security guards, securit y guard agencies, pri vate investigators, and 
private investigative agencies; 
13.  Enter into agreements with individuals, educational 
institutions, agencies, and business and tribal entities for 
professional services, the use of facilities and supplies, an d staff 
overtime costs incurred as a result of the user 's requests to 
schedule functions after-hours, on weekends, or anytime such 
requests extend staff beyond its normal capacity, whereby 
contracting individuals, educational institutions, agencies, and 
business and tribal ent ities shall pay a fee to be determined by the 
Council by rule.  All fees collected pursuant to facilities usage 
shall be deposited to the credit of the C.L.E.E.T. Training Center 
Revolving Fund created pursuant to Section 3311.6 of thi s title.  
All other fees collected pursuant to these agreeme nts shall be 
deposited to the credit of the Peace Officer Revolving Fund created 
pursuant to Section 3311.7 of this title.  The Council is authorized 
to promulgate emergency rules to effectuate th e provisions of this 
paragraph; 
14.  Promulgate rules to est ablish a state firearm s 
requalification standard for active peace officers and meet any 
requirements imposed on the Council by the federal Law Enforcement 
Officers Safety Act of 2004;   
 
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15.  Set minimal criteria relatin g to qualifications for chief 
of police administrative traini ng pursuant to Sectio n 34-102 of 
Title 11 of the Oklahoma Statutes, assist in developing a course of 
training for a Police Chief Administrative School, and approve all 
police chief administrative training offered in this state; 
16.  Appoint a Curriculum Re view Board to be comp osed of six (6) 
members as follows: 
a. one member shall be selected by the Chancellor for 
Higher Education, who possesses a background of 
creation and review of curriculum an d experience 
teaching criminal justice or law enforcement cou rses, 
who shall serve an initial term of one (1) year, 
b. one member shall represent a municipal jurisdiction 
with a population of fifty thousand (50,000) or more 
and who shall be a management-level CLEET-certified 
training officer, who shall serve an init ial term of 
two (2) years, 
c. one member shall represent a county jurisdiction with 
a population of fifty thousand (50,000) or more and 
who shall be a management -level CLEET-certified 
training officer, who shall serve an initial term of 
three (3) years, 
d. one member shall rep resent a municipal jurisdiction 
with a population of less than fifty thousand (50,000)   
 
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and who shall be a CLEET -certified training officer, 
who shall serve an initial term of two (2) years, 
e. one member shall rep resent a county jurisd iction with 
a population of less than fifty thousand (50,000) and 
who shall be a CLEET -certified training officer, who 
shall serve an initial term of one (1) year, and 
f. one member selected by t he Oklahoma Department of 
Career and Technology, who shall ha ve experience in 
the creation and review of curriculum as well as 
experience in teaching criminal justice or law 
enforcement courses, who shall serve an initial term 
of three (3) years. 
After the initial terms of office, all members s hall be 
appointed to serve three-year terms. Any member may be reappointed 
to serve consecutive terms.  Members shall serve without 
compensation, but may be reimbursed for travel expenses pursuan t to 
the State Travel Reimbursement Act.  The Board shall re view and 
establish curriculum for all CLEET academies and training courses 
pursuant to procedures established by the Council on Law Enforcement 
Education and Training; 
17.  Conduct review and veri fication of any recor ds relating to 
the statutory duties of CLEET; 
18.  Receive requested reports inclu ding investigative reports, 
court documents, statements, or other applicable information from   
 
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local, county and state agencies and other agencies for use in 
actions where a certification or license issued by CLEET may be 
subject to disciplinary or other ac tions provided by law; 
19.  Summarily suspend a certification of a peace officer, 
without prior notice but otherwise subject to administrative 
proceedings, if CLEET finds tha t the actions of the certified peace 
officer may present a da nger to the peace off icer, the public, a 
family or household member, or involve a crime against a minor , 
result in termination from em ployment for violation of municipal 
policy, state or federal law, regarding use of f orce, or a finding 
of untruthfulness in the exercise of off icial duties by a federal, 
state, or municipal judge .  A certified copy of the information or 
indictment charging such a crime , or documentation showing final 
determination of termination fr om the employing agency , shall be 
considered clear and convincing evidence of the charge; and 
20.  Approve law enforcement agencies and police departments in 
accordance with the following: 
a. this section applies only to an entity authorized by 
statute or by the Constitution to create a law 
enforcement agency or police d epartment and 
commission, appoint, or employ officers that first 
creates or reactivates an inactive law enforcement 
agency or police department and first begins to   
 
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commission, appoint, or em ploy officers on or after 
November 1, 2011, 
b. the entity shall submit to CLEET, a minimum of sixty 
(60) days prior to creation of the law enforcement 
agency or police department, information reg arding: 
(1) the need for the law enforcement agency or police 
department in the community, 
(2) the funding sources for the law enforcement 
agency or police department, and proof that no 
more than fifty percent (50%) of the funding of 
the entity will be der ived from ticket revenue or 
fines, 
(3) the physical resources available to officers, 
(4) the physical facilities that the law e nforcement 
agency or police department will operate 
including descriptions of the evidence room, 
dispatch area, restroom faciliti es, and public 
area, 
(5) law enforcement policies of the law enforcement 
agency or police department in cluding published 
policies on: 
(a) use of force, 
(b) vehicle pursuit, 
(c) mental health,   
 
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(d) professional conduct of officers, 
(e) domestic abuse, 
(f) response to missing persons, 
(g) supervision of part-time officers, and 
(h) impartial policing, 
(6) the administrative structure of the law 
enforcement agency or police department, 
(7) liability insurance, and 
(8) any other information CLEET requires by rule , 
c. within sixty (60) days of receiving an entity 's 
request, CLEET will forward to the entity by certi fied 
mail, return receipt requested, a letter of 
authorization or denial to create a law enforcement 
agency or police department and commission, appoint, 
or employ officers, signed by the Executive Director 
of CLEET, and 
d. in cases of denial, the entity m ay appeal the decision 
of the Executive Director to the full CLEET Council.  
The Executive Director shall ensure that the final 
report is provided to all members of the Council.  The 
Council shall review and make r ecommendations 
concerning the report at th e first meeting of the 
Council to occur after all members of the Council have   
 
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received the report.  The Council may, by majority 
vote: 
(1) order additional information be provided, 
(2) order confirmation of the opi nion of the 
Executive Director, or 
(3) order authorization of the entity. 
C.  1.  Payment of any fee provided for in this section may be 
made by a nationally recognized credit or debit card issue d to the 
applicant.  The Council may publicly post and collec t a fee for the 
acceptance of the national ly recognized credit or debit card not to 
exceed five percent (5%) of the amount of the payment.  For purposes 
of this subsection, "nationally recognized credit card" means any 
instrument or device, whether known a s a credit card, credit plate, 
charge plate, or by any other name, issued with or without fee by an 
issuer for the use of the cardholder in obtaining goods, services, 
or anything else of value an d which is accepted by over one thousand 
merchants in this st ate.  "Debit card" means an identification card 
or device issued to a person by a business organization which 
permits such person to obtain access to or activate a consumer 
banking electronic fac ility.  The Council shall determine which 
nationally recognized credit or debit cards will be accepted as 
payment for fees. 
2.  Payment for any fee provided for in this title may be made 
by a business check.  The Council may:   
 
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a. add an amount equal to the amount of the service 
charge incurred, not to exceed three pe rcent (3%) of 
the amount of the check as a service charge for the 
acceptance and verification of the check, or 
b. add an amount of no more than Five Dollars ($5.00) as 
a service charge for the ac ceptance and verification 
of a check.  For purposes of this s ubsection, 
"business check" shall not mean a money order, 
cashier's check, or bank certified check. 
D.  Failure of the Legislature to appropriate necessary funds to 
provide for expenses and opera tions of the Council on Law 
Enforcement Education and Trainin g shall not invalidate other 
provisions of this section relating t o the creation and duties of 
the Council. 
E.  1.  No person shall be eligible for employment as a peace 
officer or reserve peace officer until the employing law enforcement 
agency has conducted a background investigation of such per son 
consisting of the fo llowing: 
a. a fingerprint search submitted to the Oklahoma State 
Bureau of Investigation with a return report to the 
submitting agency that such person has no felony 
record, 
b. a fingerprint search submitted to the Federal Bureau 
of Investigation with a re turn report to the   
 
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submitting agency that such person has no felony 
record, 
c. such person has undergone psychological evaluation by 
a psychologist licensed by the State of Oklahoma and 
has been evaluated to be suitable to serve as a peace 
officer in the State of Oklahoma, 
d. the employing agency has verified that such person has 
a high school diploma or a GED equivalency certificat e 
as recognized by state law, 
e. such person is not participa ting in a deferred 
sentence agreement for a felony, a crime involv ing 
moral turpitude or a crime of domestic violence, and 
does not have any criminal charges pending in any 
court in this state, a nother state, in tribal court or 
pursuant to the United State s Code, 
f. such person is not currently su bject to an order of 
the Council revoking, suspending, or accepting a 
voluntary surrender of peace officer certification, 
g. such person is not currently undergoing treatment for 
a mental illness, condition or diso rder.  For purposes 
of this subsection, "currently undergoing trea tment 
for mental illness, condition or disorder " means the 
person has been diagnosed by a licensed physician, 
psychologist, or licensed mental health professional   
 
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as being afflicted with a s ubstantial disorder of 
thought, mood, perception, psychological or ientation 
or memory that significantly impairs judgment, 
behavior, capacity to recognize reality, or ability to 
meet the ordinary demands of life and such condition 
continues to exist, 
h. such person is twenty-one (21) years of age.  
Provided, this require ment shall not affect those 
persons who are already employed as a police or peace 
officer prior to November 1, 1985, and 
i. such person has provided proof of United States 
citizenship or resident alien status, pursuant to an 
employment eligibility verifica tion form from the 
United States Citizenship and Immigration Services. 
2.  To aid the evaluating psychologist in interpreting the test 
results including automated scoring and interpretations , the 
employing agency shall provide the p sychologist a statement 
confirming the identity of the individual taking the test as the 
person who is employed or seeking employment as a peace officer of 
the agency and attesting that it administered the psycholo gical 
instrument in accordance with standa rds within the test docu ment. 
The psychologist shall report to the employing agency the evaluation 
of the assessment instrument and may include any addi tional 
recommendations to assist the employing agency in dete rmining   
 
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whether to certify to the Council on Law Enforcement Educa tion and 
Training that the person being evaluated is suitable to serve as a 
peace officer in the State of Oklahoma.  No additiona l procedures or 
requirements shall be imposed for performance of the psychological 
evaluation.  The psy chological instrument ut ilized shall be 
evaluated by a psychologist licensed by the State of Oklahoma, and 
the employing agency shall certify to the Coun cil that the 
evaluation was conducted in accordance with this provision and that 
the employee or applic ant is suitable to serve as a peace officer in 
the State of Oklahoma. 
a. Any person found not to be suitable for employment or 
certification by the Counc il shall not be employed, 
retained in employment as a peace o fficer, or 
certified by the Council for at least one (1) year, at 
which time the employee or applicant may be 
reevaluated by a psychologist licensed by the State of 
Oklahoma.  This section shall also be applicable to 
all reserve peace officers in the State of Oklahoma. 
b. Any person who is certifi ed by CLEET and has unde rgone 
the psychological evaluation required by this 
subparagraph and has been found to be suitable as a 
peace officer shall not b e required to be reevaluated 
for any subsequent employment as a peace officer 
following retirement or a ny break in service as a   
 
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peace officer, unless such break in service exceeds 
five (5) years or the Council determines that a peace 
officer may present a danger to himself or herself, 
the public, or a family or hous ehold member. 
c. All persons seeking certi fication shall have thei r 
name, gender, date of birth, and address of such 
person submitted to the Department of Mental Health 
and Substance Abuse Servic es by the Council.  The 
Department of Mental Health and Subst ance Abuse 
Services shall respond to the C ouncil within ten (10) 
days whether the computerized records of the 
Department indicate the applicant has ever been 
involuntarily committed to an Oklahom a state mental 
institution.  In the event that the Department of 
Mental Health and Substance Abuse Serv ices reports to 
the Council that the applicant has been involuntarily 
committed, the Council shall immediately inform the 
employing agency. 
All basic police courses shall include a minimum of four (4) 
hours of education and training in recognizing and mana ging a person 
appearing to require mental health treatment or services.  The 
training shall include training in crime and drug prevention, crisis 
intervention, youth and family intervention techniques, recognizing, 
investigating and preventing abuse and ex ploitation of elderly   
 
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persons, mental health issues, and criminal jurisdiction on 
Sovereign Indian Land. 
Subject to the availability of funding, for full -time salaried 
police or peace officers a basic police course academy shall consist 
of a minimum of six hundred (600) hours. 
For reserve deputies a basic reserve academy shall consist of a 
minimum of two hundred forty (240) hours. 
3.  Beginning January 1, 2018, any reserve peace officer who has 
completed the two-hundred-forty-hour reserve peace officer 
certification program and wh o has been in active service in that 
capacity for the past six (6) months shall be eligible to attend a 
three-hundred-sixty-hour basic full-time training academy to become 
certified as a full-time peace or police officer. 
4.  Every person who has not been certified as a police or peace 
officer and is duly appointed or elected as a police or peace 
officer shall hold such position on a temporary basis only, and 
shall, within six (6) months from the date of appointment or taking 
office, qualify as required in this subsection or forfeit such 
position.  In computing the time for qualification, all service 
shall be cumulative from date of first appointment or taking office 
as a police or peace offic er with any department in this state. 
a. The Council may extend th e time requirement specified 
in this paragraph for good cause as determined by the 
Council.   
 
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b. A duty is hereby imposed upon the employing agency to 
withhold payment of the compensation or w age of such 
unqualified officer. 
c. If the police or peace officer fails to forfeit the 
position or the employing agency fails to require the 
officer to forfeit the position, the district attorne y 
shall file the proper action to cause the forfeiting 
of such position.  The district court of the cou nty 
where the officer is employed shall have jurisdiction 
to hear the case. 
5.  The Council may certify officers who have completed a course 
of study in another state deemed by the Council to meet standards 
for Oklahoma peace officers providing the officer 's certification in 
the other state has not been revoked or voluntarily surrendered and 
is not currently under suspension. 
6.  For purposes of this secti on, a police or peace officer is 
defined as a full-time duly appointed or elected officer who is paid 
for working more than twe nty-five (25) hours per week and whose 
duties are to preserve the public peace, protect life and property, 
prevent crime, serve w arrants, transport prisoners, and enforce laws 
and ordinances of this state, or any political subdivisi on thereof; 
provided, elected sheriffs and their deputies and elected, 
appointed, or acting chiefs of police shall meet the requirements of 
this subsection within the first six (6) months after assuming the   
 
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duties of the office to which they are elected or appointed or for 
which they are an acting chief; provided further, that this section 
shall not apply to persons designated by the Director of the 
Department of Corrections as peace officers pursuant to Section 510 
of Title 57 of the Oklahoma Statutes. 
F.  No person shall be cert ified as a police or peace officer by 
the Council or be employed by the state, a county, a city, or any 
political subdivision the reof, who is currently subject to an order 
of the Council revoking, suspending, or accepting a voluntar y 
surrender of peace off icer certification or who has been convicted 
of a felony, a crime involving moral turpitude, or a crime of 
domestic violence, unl ess a full pardon has been granted by the 
proper agency; however, any person who has been trained and 
certified by the Council on Law Enforcement Education and Training 
and is actively employed as a full -time peace officer as of November 
1, 1985, shall not be subject to the provisions of this subsection 
for convictions occurring prior to November 1, 1985. 
G. 1.  The Council is he reby authorized to provide to any 
employing agency the following information regarding a person who is 
or has applied for employm ent as a police or peace officer of such 
employing agency: 
a. Oklahoma State Bureau of Investigation an d Federal 
Bureau of Investigation reports,   
 
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b. administration of the psychological tests provided for 
herein, 
c. performance in the course of study or oth er basis of 
certification, 
d. previous certifications issued, and 
e. any administrative or judicial det ermination denying 
certification. 
2.  An employing agency shall not be liable in any action 
arising out of the release of contents of personnel informati on 
relevant to the qualifications or ability of a person to p erform the 
duties of a police or peace off icer when such informati on is 
released pursuant to written authorization for release of 
information signed by such person and is provided to another 
employing agency which has employed or has received an applicatio n 
for employment from such person. 
3.  As used in this subsection, "employing agency" means a 
political subdivision or law enforcement agency which either has 
employed or received an employment a pplication from a person who, if 
employed, would be subject t o this section. 
H.  1.  A law enforcement agency employing police or peace 
officers in this state shall report the hiring, resignation, or 
termination for any reason of a police or peace officer to the 
Council within ten (10) days.  Failure to comply with the provisions 
of this subsection may disq ualify a law enforcement agency from   
 
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participating in training programs sponsored by the Council.  Every 
law enforcement agency employing police or peace officers in this 
state shall submit to CLEET on or before Oc tober 1 of each calendar 
year a complete list of all commissioned employees with a current 
mailing address and phone number for each such employee.  In 
addition to the above, CLEET may impose an administrative fine for 
violations of this section. 
2.  A tribal law enforcement agency that has peace officers 
commissioned by an Oklahoma law enforcement agency pursuant to a 
cross-deputization agreement with the State of Oklahoma or any 
political subdivision of the State of Oklahoma pursuant to the 
provisions of Section 1221 of Title 74 of the Oklahoma S tatutes 
shall report the commissioning, resignation, or termination of 
commission for any reason of a cross -deputized tribal police or 
peace officer to CLEET within ten (10) days of the commissioning, 
resignation, or termination.  Failure to comply with th e provisions 
of this subsection may disqualify a tribal law enforcement agency 
from participating in training programs sponsored by the Council. 
I.  It is unlawful for any person to willfully make any 
statement in an application to CLEET knowing the statem ent is false 
or intentionally commit fraud in any application to the Council for 
attendance in any CLEET -conducted or CLEET-approved peace officer 
academy or Collegiate Officer Program or for the purpose of 
obtaining peace officer certification or reinstat ement.  It is   
 
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unlawful for any person to willfully submit false or fraudulent 
documents relating to continuing education rosters, transcripts or 
certificates, or any canine license application.  Any person 
convicted of a violation of this subsection shall be guilty of a 
felony punishable by imprisonment in the Department of Corrections 
for a term of not less than two (2) years nor more than five (5) 
years, or by a fine not exceeding Two Thousand Dollars ($2,000.00), 
or by both such fine and imprisonment.  I n addition to the above, 
CLEET may impose an administrative fine. 
J.  1.  A police or peace officer shall be subject to 
disciplinary action to include a denial, suspension, revocation or 
acceptance of voluntary sur render of peace officer certification 
upon a showing of clear and convincing evidence for the following: 
a. conviction of a felony or a crime of domestic 
violence, 
b. conviction of a misdemeanor involving moral turpitude; 
provided, if the conviction is a s ingle isolated 
incident that occurred more than five (5) years ago 
and the Council is satisfied that the person has been 
sufficiently rehabilitated, the Council may, in its 
discretion, certify su ch person providing that all 
other statutory requirements hav e been met, 
c. a verdict of guilt or entry of a plea of guilty or 
nolo contendere or an "Alford" plea or any plea other   
 
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than a not guilty plea for a felony offense, a crime 
of moral turpitude, or a crime of domestic violence, 
d. falsification or a willful misrepresentation of 
information in an emp loyment application or 
application to the Council on Law Enforcement 
Education and Training, records of evidence, or in 
testimony under oath, 
e. revocation or voluntary surrender of police or peace 
officer certification in another state for a violation 
of any law or rule or in se ttlement of any 
disciplinary action in such state, 
f. involuntary commitment of a reserve or peace officer 
in a mental institutio n or licensed private mental 
health facility for any mental i llness, condition or 
disorder that is diag nosed by a licensed phys ician, 
psychologist or a licensed mental health professional 
as a substantial disorder of thought, mood, 
perception, psychologica l orientation, or memory that 
significantly impairs judgment, behavior, capacity to 
recognize reality, or ability to meet the o rdinary 
demands of life.  Provided, the peace officer 
certification may be reinstated upon the Council 
receiving notification of a psychological evaluation 
conducted by a licensed physician, psychologist or   
 
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licensed mental health pr ofessional which attests and 
states by affidavit that the officer and the 
evaluation test data of the officer have been examined 
and that, in the profess ional opinion of the 
physician, psychologist or licensed ment al health 
professional, the officer is psy chologically suitable 
to return to duty as a peace officer.  Notwithstanding 
any other provision of state law pertaining to 
confidentiality of hospital o r other medical records, 
and as allowable under federal law, CLEET may subpoena 
or request a court to s ubpoena records necessar y to 
assure compliance with these provisions.  Any 
confidential information received by CLEET for such 
purpose shall retain its c onfidential character while 
in the possession of CLEET, 
g. abuse of office, 
h. entry of a final order o f protection against app licant 
or officer, or 
i. any violation of the Oklahoma Private Security 
Licensing Act, 
j. termination from an emp loying agency for violation of 
municipal policy or state or federal laws rega rding 
use of force, or   
 
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k. a finding of untruthfulness in the exerc ise of 
official duties by a preponderance of evidence by a 
state, federal, or municipal judge . 
2.  Disciplinary proceedings shall be comm enced by filing a 
complaint with the Council on a form approv ed by the Council.  Any 
employing agency or other person having information may submit such 
information to the Council for consideration as provided in this 
subsection. 
3.  Upon the filing of the complaint, a preliminary 
investigation shall be conducted to determine whether: 
a. there is reason to believe the person has violated any 
provision of this subsection or any other provision of 
law or rule, or 
b. there is reason to believe the person has b een 
convicted of a felony, a crime involving moral 
turpitude or a domestic violence offense or i s 
currently participating in a deferred sentence for 
such offenses. 
4.  When the investigation of a complaint does not find the 
person has violated any of the p rovisions of this subsection, or 
finds that the person is suf ficiently rehabilitated as provided in 
subparagraph b or f of paragraph 1 of this subsection, no 
disciplinary action shall be required and the person shall remain 
certified as a police or peace o fficer.  When the investigation of a   
 
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complaint finds that the person has violated any of the pro visions 
of this subsection, the matter shall be referred for disciplinary 
proceedings.  The disciplinary proceedings shall be in accordance 
with Articles I and II of the Administrative Procedures Act. 
5.  The Council shal l revoke or suspend the certification of any 
person upon determining that such person has been convicted of a 
felony or a crime involving moral turpitude or a domestic violence 
offense or has entered a plea of guilty, or nolo contendere or an 
"Alford" plea or any plea other than a not guilt y plea for a felony 
offense, a crime of moral turpitude or a crime of domestic violence 
or is the respondent in a final Victims Protective Order; provided, 
that if the conviction has been reversed, vacated or otherwise 
invalidated by an appellate court, su ch conviction shall not be the 
basis for revocation of certification; provided further, that any 
person who has been trained and certified by the Council on Law 
Enforcement Education and Training and is actively employed as a 
full-time peace officer as of November 1, 1985, shall not be subject 
to the provisions of this subsection for convictions occurring prior 
to November 1, 1985.  The sole issue to be determined at the he aring 
shall be whether the person has been convicted of a fel ony, a crime 
involving moral turpitude or a domestic violence offense or is the 
named respondent/defendant in a final Victims Protective Order. 
6.  The Council shall revoke or suspend the certification of a ny 
person upon determining that such person has:   
 
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a. received a deferred sentence for a felony, a crime 
involving moral turpitude or a domestic violence 
offense, or 
b. has been terminated from employment for a violation of 
municipal policy, federal, state , or municipal laws 
regarding use of force, moral turpitude, or has been 
found by a federal, state, or municipal judge to be 
untruthful in the exercise of official duties . 
7.  The Council may suspend the certification of any person upon 
a determination that such person has been involuntarily comm itted to 
a mental institution or ment al health facility fo r a mental illness, 
condition or disorder as p rovided in subparagraph f of paragraph 1 
of this subsection. 
8.  Every law enforcement agency in this state shall, within 
thirty (30) days of a final or der of termination or resignation 
while under investigatio n of a CLEET-certified peace officer, report 
such order or resignation in writing to the Executive Director of 
the Council.  Any report, upon receipt by the Council, shall be 
considered as personnel records and shall be afforded confid ential 
protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the 
Oklahoma Statutes.  Any medical or other confidential records 
obtained by subpoena pursuant to this subsection shall not be made a 
part of such report.  The Executive Director shall ensure that the 
report is provided to all members of the Council.  The Council shall   
 
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review and make recommendations concerning the report at the first 
meeting of the Council to occur after all members of the Council 
have received the report.  The Council may, by a majority vo te, 
order the suspension, for a given period o f time, or revocation of 
the CLEET certification of the peace officer in question if there 
are grounds for such actions pursuant to this section and the peace 
officer in question has been p rovided with notice a nd an opportunity 
for a hearing pursuant to th e Administrative Procedures Act.  
Suspension or revocation of CLEET certification pursuant to this 
paragraph shall be reported to the district attorney for the 
jurisdiction in which the pea ce officer was employ ed, to 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 
enforcement officer of the law enfor cement agency. 
9.  For all other violations of this subsection, the hearing 
examiner shall take into consideration the severity of the 
violation, any mitigating circumstances offered by the person 
subject to disciplinar y action, and any other evidence rele vant to 
the person's character to determine the appropriate discipl inary 
action. 
10. a. A police or peace officer may voluntarily surrender 
and relinquish the peace officer certification to 
CLEET.  Pursuant to such surr ender or relinquishment,   
 
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the person surrendering the certi fication shall be 
prohibited from applying to CLEET for reinstatement 
within five (5) years of the date of the surrender or 
relinquishment, unless otherwise provided by law for 
reinstatement. 
b. No person who has had a police or peace officer 
certification from another state revoked or 
voluntarily surrendered and has not been reinstated by 
that state shall be considered for certification by 
CLEET. 
c. Any person seeking reinstatement of police or peac e 
officer certification which has bee n suspended, 
revoked, or voluntarily surrendered may apply for 
reinstatement pursuant to promulgated CLEET rules 
governing reinstatement.  Except as provided in this 
subsection, any person whose certification has been 
revoked, suspended or voluntarily surr endered for any 
reason including failure to comply with mandatory 
education and training requirements, shall pay a 
reinstatement fee of One Hundred Fifty Dollars 
($150.00) to be deposited to the credit of the Peace 
Officer Revolving Fund created pursuant t o Section 
3311.7 of this title.   
 
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11.  A duty is hereby imposed upon the district attorney who, on 
behalf of the State of Oklahoma, prosecutes a person holding police 
or peace officer or reserve peace officer certificatio n for a 
felony, a crime involving mor al turpitude, or a cr ime of domestic 
violence in which a plea of gu ilty, nolo contendere, or an "Alford" 
plea or any other plea other than a not guilty plea or other finding 
of guilt is entered by, against or on behalf of a certified police 
or peace officer to report such plea , agreement, or other finding of 
guilt to the Council on Law Enforcement Education and Training 
within ten (10) days of such plea agreement or the finding of guilt. 
12.  Any person or agency require d or authorized to submit 
information pursuant to this sec tion to the Council shall be immune 
from liability arising from the submission of the information as 
long as the information was submitted in good faith and without 
malice. 
13.  Any peace officer em ployed by a law enforcement agency in 
this state which has internal discipline policies and procedures o n 
file with CLEET shall be exempt from the disciplinary proceedings 
and actions provided for in this subsection; provided, however, such 
exemption shall not apply if the peace officer has b een convicted of 
a felony crime, a crime of moral turpitude, or a c rime of domestic 
violence. 
14.  All criminal proceedings initiated against a CLEET -
certified peace officer or reserve peace officer shall be reported   
 
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by the officer to CLEET immediately aft er arrest or discover y of the 
filing of such criminal proceeding.  All CLEET-certified peace 
officers and reserve peace officers shall be required to report when 
a Victim Protective Order has been issued against the off icer 
including orders issued on an em ergency basis and all final orders 
of protection.  Failure to give notice pursuant to the provisions of 
this paragraph may be cause to initiate an action against the 
officer by CLEET. 
15.  As used in this subsection: 
a. "law enforcement agency" means any department or 
agency of the state, a county, a municipality, or 
political subdivision thereof, with the duties to 
maintain public order, make arrests, and enforce the 
criminal laws of this state or municipal ordinances, 
which employs CLEET-certified personnel, 
b. "final order of termination" means a final notice of 
dismissal from employment provided after all 
grievance, arbitration, and court actions employment 
related proceedings have been completed, and 
c. "resignation while under investigation" means the 
resignation from empl oyment of a peace officer who is 
under investigation for any felony violation of law, a 
crime of moral turpitude, a crime of domestic 
violence, moral turpitude, an allegation of excessive   
 
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use of force, or untruthfulness or the resignation 
from employment of a peace officer as part of an 
arbitration or a plea agreement or employment related 
proceedings. 
K.  1.  Every canine team in the state trained to detect 
controlled dangerous substances s hall be certified, by test, in the 
detection of such controlled dan gerous substances and shall be 
recertified annually so long as the canine is used for such 
detection purposes.  The certification test and annual 
recertification test provisions of this sub section shall not be 
applicable to canines tha t are owned by a law enforcement agency and 
that are certified and annually recertified in the detection of 
controlled dangerous substances by the United States Customs 
Service.  No employee of CLEET may be inv olved in the training or 
testing of a canine t eam. 
2.  The Council shall appoint a Drug Dog Advisory Council to 
make recommendations concerning minimum standards, educational 
needs, and other matters imperative to the certificati on of canines 
and canine teams trained to detect controlled dangerous sub stances.  
The Council shall promulgate rules based upon the recommendations of 
the Advisory Council.  Members of the Advisory Council shall 
include, but need not be limited to, a comm issioned officer with 
practical knowledge of such canines and canine team s from each of 
the following:   
 
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a. the Oklahoma State Bureau of Narcotics and Dangerous 
Drugs Control, 
b. the Department of Public Safety, 
c. a police department, 
d. a sheriff's office, and 
e. a university or college campus police department. 
3.  The fee for the certification te st shall be Two Hundred 
Dollars ($200.00) and the annual recertification test fee shall be 
One Hundred Dollars ($100.00) per canine team.  A retest fee of 
Fifty Dollars ($50.00) will be cha rged if the team fails the test.  
No such fee shall be charged to a ny local, state or federal 
government agency.  The fees provided for in this paragraph shall be 
deposited to the credit of the CLEET Fund created pursuant to 
Section 1313.2 of Title 20 of t he Oklahoma Statutes. 
L.  1.  Every canine tea m in the state traine d to detect 
explosives, explosive materials, explosive devices, and materials 
which could be used to construct an explosive device shall be 
certified, by test, in the detection of such expl osives and 
materials and shall be recertified annually so long as t he canine is 
used for such detection purposes.  The certification test and annual 
recertification test provisions of this subsection shall not be 
applicable to canines that are owned by a l aw enforcement agency if 
such canines are cert ified and annually re certified in the detection 
of explosives and materials by the United States Department of   
 
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Defense.  No employee of CLEET may be involved in the training or 
testing of a canine team. 
2.  The Council shall appoint a Bomb Dog Advisory Cou ncil to 
make recommendations concerning minimum standards, educational 
needs, and other matters imperative to the certification of canines 
and canine teams trained to detect explosive s, explosive materials, 
explosive devices and materials which could be us ed to construct an 
explosive device.  The Council shall promulgate rules based upon the 
recommendations of the Advisory Council.  Members of the Advisory 
Council shall include, but ne ed not be limited to, a com missioned 
officer with practical knowledge of such canines and cani ne teams 
from each of the following: 
a. the Department of Public Safety, 
b. a police department, 
c. a sheriff's office, and 
d. a university or college campus poli ce department. 
3.  The fee for the certification test shall be Two Hundre d 
Dollars ($200.00) and the annual recertification test fee shall be 
One Hundred Dollars ($100.00) per canine team.  A retest fee of 
Fifty Dollars ($50.00) will be charged if the team fails the test.  
No such fee shall be charged to any local, state or fed eral 
government agency.  The fees provided for in this paragraph shall be 
deposited to the credit of the CLEET Fund created pursuant to 
Section 1313.2 of Title 20 of the Oklahoma Stat utes.   
 
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M.  All tribal police officers of any Indian tribe or nation who 
have been commissioned by an Oklahoma law enforcement agency 
pursuant to a cross-deputization agreement with the State of 
Oklahoma or any political subdivision of the State of Oklahoma 
pursuant to the provisions of Section 1221 of Title 74 of the 
Oklahoma Statutes shall be eligi ble for peace officer certification 
under the same terms and conditions required of members of the law 
enforcement agencies of the State of Oklahoma and its polit ical 
subdivisions.  CLEET s hall issue peace officer certification to 
tribal police officers wh o, as of July 1, 2003, are commissioned by 
an Oklahoma law enforcement agency pursuant to a cross -deputization 
agreement with the State of Oklahoma or any politic al subdivision of 
the State of Oklahoma pursuant to the provisions of Sec tion 1221 of 
Title 74 of the Oklahoma Statutes and have met the training and 
qualification requirements of this section. 
N.  If an employing law enforcement agency in this state has 
paid for CLEET training and the salary of a person while that person 
is completing in this stat e a basic police course approved by the 
Council and if within one (1) year after initial employment with the 
original employing agency that person resigns and is hired by 
another law enforcement agency in this state, the second agency or 
the person receiving the training shall reimburse the original 
employing agency for the cost of CLEET training and salary paid to 
the person while completing the basic police cours e by the original   
 
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employing agency.  If the person leaves the original em ploying 
agency later than one (l) year, but less than two (2) years, after 
the initial employment, the second agency or the person receiving 
the training shall reimburse the original employing agency fifty 
percent (50%) of the cost of CLEET training and sa lary paid to the 
person while completing the basic police course by the original 
employing agency.  CLEET shall not be a party to any court action 
based on this provision. 
O.  The Council on Law Enforcement Edu cation and Training, in 
its discretion, may wa ive all or part of an y moneys due to the 
Council, if deemed uncollectable by the Council. 
P.  Peace officers, reserve peace officers, tribal peace 
officers, agencies, bail enforcers, security guards and private 
investigators shall maintain with the Council current mailing 
addresses and shall notify the Council, in writing, of any change of 
address or name.  Notification of change of name shall require 
certified copies of any marriage l icense or other court docum ent 
which reflects the change of name.  Notice of change of address or 
telephone number must be made within ten (10) days of the effected 
change.  Notices shall not be accepted over the phone.  In any 
proceeding in which the Coun cil is required to serve no tice or an 
order on an individual or an agency , the Council may sen d a letter 
to the mailing address on file with the Council.  If the letter is 
returned and a notation of the U.S. Postal Service indicates   
 
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"unclaimed", or "moved", or "refused" or any other nondelivery 
markings and the records of the C ouncil indicate that no change of 
address as required by this subsection has been received by the 
Council, the notice and any subsequent notices or orders shall be 
deemed by the Court as having been legally ser ved for all purposes. 
Q.  All CLEET records of Bail Enforcers may b e released only in 
compliance with this section and the Oklahoma Bail Enforcement and 
Licensing Act.  All records in CLEET possession concerning other 
persons or entities shall be released only in compliance with this 
section and the Oklahoma Open Records Act. 
SECTION 2.  This act shall become effective November 1, 2023. 
 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated 
02/23/2023 - DO PASS, As Amended.