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ENGROSSED HOUSE
BILL NO. 2869 By: Wallace of the House
and
Weaver of the Senate
[ Council on Law Enforcement Education 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
Oklahoma Security Guard and Private Investigator Act and the
Oklahoma Bail Enforcement and Licen sing Act. The Counci l shall be
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authorized to require agency employees and the emp loyees of agency
contractors in positions to have access to Oklahoma Peace Offic er
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 o f 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 re presenting 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 Okla homa 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 purs uant 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 nece ssary 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 rein statement
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 legisl ation 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 avai lable 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 As sistant 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 bac helor 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 wi th 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 stat e 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 an d 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 contr acting 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 lodgin g 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 b e
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 Authorit y 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 o f 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, contri butions 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 standard s 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 it s 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 cre dit 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 3 311.7 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 de veloping 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 repre sent 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 w ith
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 t han 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 esta blished 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 certificati on 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 force, 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 age ncies 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 f irst
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 creatio n 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 sect ion 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 Legisla ture 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 S tate
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 suitabl e 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 s ix (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 caus e 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 preserv e 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 sectio n
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 empl oyed 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 follo wing 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 te sts 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 enf orcement 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, res ignation, 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 fo r 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 Priva te 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 othe r 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 s hall 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 viol ence
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 furt her, 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 con victions 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. 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 offic ial 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 a s 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 recert ified 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 Danger ous
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 rece rtification 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 provi ded 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 device s, 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 certifica tion 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 upo n 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 Pub lic 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 C ouncil.
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 Oklah oma 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 effect ive November 1, 2023.
Passed the House of Representatives the 22nd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate