Oklahoma 2023 Regular Session

Oklahoma House Bill HB2869 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 2869 By: Wallace of the House
4	32
5	33		and
6	34
7		-	Weaver and Paxton of the
8		-	Senate
9		-
10		-
11		-	An Act relating to the Council on Law Enforcement
	35	+	Weaver of the Senate
	36	+
	37	+
	38	+
	39	+
	40	+	[ Council on Law Enforcement Education and Training –
	41	+	powers - duties – authority – certification – terms
	42	+	– effective date ]
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	46	+
	47	+	AUTHOR: Add the following Senate Coauthor: Paxton
	48	+
	49	+	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
	50	+	and entire bill and insert
	51	+
	52	+
	53	+	“An Act relating to the Council on Law Enforcement
12	54		Education and Training; amending 47 O.S. 2021, Sectio n
13	55		156, which relates to the prohibition against
14	56		purchasing automobiles or buses with public funds;
15	57		updating statutory reference; broadening certain
16	58		exception; amending 47 O.S. 2021, Section 156.1,
17	59		which relates to the use of state -owned motor
18	60		vehicles for private use; updating statutory
19	61		reference; broadening certain permission; amending 70
20	62		O.S. 2021, Section 3311, which relates to the Council
21	63		on Law Enforcement Education and Training; updating
22	64		statutory reference; allowing the Executive Director
23	65		of the Council on Law Enforcement Education and
24	66		Training to hire an Assistant Director; and providing
25	67		an effective date.
26	68
27	69
28	70
29		-	SUBJECT: Council on Law Enforcement Education and Training
30		-
31	71		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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32	97
33	98		SECTION 1. AMENDATORY 47 O.S. 2021, Section 156, is
34	99		amended to read as follows:
35		-
36	100		Section 156. A. Unless otherwise provided for by law, no state
37	101		board, commission, department, institution, official, or employee,
38	102		except the following, shall purchase any pa ssenger automobile or bus
39	103		with public funds:
40		-
41	104		1. The Department of Public Safety;
42		-
43	105		2. The Department of Human Services;
44		-
45	106		3. The State Department of Rehabilitation Services;
46		-	ENR. H. B. NO. 2869 Page 2
47	107		4. The Department of Wildlife Conservation;
48		-
49	108		5. The Department of Corrections;
50		-
51	109		6. The State Department of Education;
52		-
53	110		7. The Oklahoma Sch ool of Science and Mathematics;
54		-
55	111		8. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
56	112		Control;
57		-
58	113		9. The Oklahoma State Bureau of Investigation;
59		-
60	114		10. The Transportation Commission;
61		-
62	115		11. The Oklahoma Department of Agriculture, Fo od, and Forestry;
63		-
64	116		12. The State Department of Health;
65		-
66	117		13. The Department of Mental Health and Substance Abuse
67	118		Services;
68		-
69	119		14. The J.D. McCarty Center for Children with Developmental
70	120		Disabilities;
71		-
72	121		15. The Military Depart ment of the State of Oklahoma;
73	122
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74	148		16. The Oklahoma Tourism and Recreation Department;
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76	149		17. The Oklahoma Conservation Commission;
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78	150		18. The Oklahoma Water Resources Board;
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80	151		19. The Department of Mines;
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82	152		20. The Office of Juvenile Affairs;
83		-
84	153		21. The Oklahoma Dep artment of Veteran Veterans Affairs;
85		-
86	154		22. The Oklahoma Supreme Court;
87		-
88	155		23. The District Attorneys Council and Oklahoma district
89	156		attorneys, provided adequate funding exists;
90		-
91		-	24. The Oklahoma Boll Weevil Eradication Organization; and ENR. H. B. NO. 2869 Page 3
	157	+	24. The Oklahoma Boll Weevil Eradication Organization; and
92	158		25. The Oklahoma Horse Racing C ommission; and
93		-
94	159		26. The Council on Law Enforcement Education and Training.
95		-
96	160		B. 1. The Oklahoma School for the Deaf at Sulphur, the
97	161		Oklahoma School for the Blind at Muskogee, and any state institution
98	162		of higher education may purchase, own, or keep if now owned, or
99	163		acquire by lease or gift, and use and maintain such station wagons,
100	164		automobiles, trucks, or buses as are reasonably necessary for the
101	165		implementation of the educational programs of said institutions.
102		-
103	166		2. No bus operated, owned, or used by such educational
104	167		institutions shall be permi tted to carry any person other than
105	168		students, faculty members, employees, or volunteers of such
106	169		institutions. The provisions of this section shall not be construed
107	170		to prohibit:
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108	196
109	197		a. the operation of intracampus buses or buses routed
110	198		directly between portion s of the campus of any
111	199		institution not adjacent to each other, nor to
112	200		prohibit the collection of fares from such students,
113	201		faculty members, or employees of such institutions,
114	202		sufficient in amount to cover the reasonable cost of
115	203		such transportation, or
116		-
117	204		b. the Oklahoma School for the Blind or the Oklahoma
118	205		School for the Deaf from entering into agreements with
119	206		local public school districts pursuant to the
120	207		Interlocal Cooperation Act for the mutual use of the
121	208		schools’ and the districts’ vehicles. Such use may
122	209		include, but is not limited to, the transportation of
123	210		students from local school districts with students
124	211		from the Oklahoma School for the Blind or the Oklahoma
125	212		School for the Deaf in vehicles owned by the Oklahoma
126	213		School for the Blind or the Oklahoma School for the
127	214		Deaf when traveling to school-related activities.
128		-
129	215		C. The J.D. McCarty Center for Children with Developmental
130	216		Disabilities, the Oklahoma Department of Libraries, the Oklahoma
131	217		Department of Veterans Affairs, and the Oklahoma Veterans Centers
132	218		may own and maintain such passenger vehicles as those institutions
133	219		have acquired prior to May 1, 1981.
134	220
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135	246		D. The use of station wagons, automobiles, and buses, other
136		-	than as provided for in this section, shall be permitted only upon ~~ENR. H. B. NO. 2869 Page 4~~
	247	+	than as provided for in this section, shall be permitted only upon
137	248		written request for such use by heads of departments of the
138	249		institution, approved in writing by the president of said
139	250		institution or by some administrative official of said institution
140	251		authorized by the president to grant said approval. Such use shall
141	252		be permitted only for official ins titutional business or activities
142	253		connected therewith. Such use shall be subject to the provisions of
143	254		Section 156.1 of this title forbidding personal use of such
144	255		vehicles, and to the penalties therein declared.
145		-
146	256		E. Any person convicted of violating the pr ovisions of this
147	257		section shall be guilty of a misdemeanor and shall be punished by
148	258		fine or imprisonment, or both, as provided for in Section 156.1 of
149	259		this title.
150		-
151	260		F. For the purpose of this section and Section 156.3 of this
152	261		title, a station wagon is classi fied as a passenger automobile and
153	262		may not be purchased solely for the use of transporting property.
154	263		Such vehicles shall include, but not be limited to, all vehicles
155	264		which have no separate luggage compartment or trunk but which do not
156	265		have open beds, whet her the same are called station wagons, vans,
157	266		suburbans, town and country, blazers, or any other names. All state
158	267		boards, commissions, departments, and institutions may own and
159	268		maintain station wagons purchased solely for the purpose of
160	269		transporting property if acquired prior to July 1, 1985.
161	270
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162	296		G. The provisions of this section and Section 156.1 of this
163	297		title shall not apply to public officials who are statewide elected
164	298		commissioners.
165		-
166	299		SECTION 2. AMENDATORY 47 O.S. 2021, Section 156.1, is
167	300		amended to read as follows:
168		-
169		-	Section 156.1 A. It shall be unlawful for any state official,
	301	+	Section 156.1. A. It shall be unlawful for any state official,
170	302		officer or employee, except any essential employees a pproved by the
171	303		Governor and those officers or employees authorized in subsection B
172	304		of this section, to ride to or f rom the place of residence of the
173	305		employee in a state-owned or state-leased automobile, truck or
174	306		pickup, except in the performance of the off icial duty of the
175	307		employee, or to use or permit the use of any such automobile, truck,
176	308		ambulance or pickup for othe r personal or private purposes. Any
177	309		person convicted of violating the provisions of this sect ion shall
178	310		be guilty of a misdemeanor and shall be punished by a fine of not
179	311		more than One Hundred Dollars ($100.00) or by imprisonment in the
180		-	county jail for a pe riod to not exceed thirty (30) days, or by both ~~ENR. H. B. NO. 2869 Page 5~~
	312	+	county jail for a pe riod to not exceed thirty (30) days, or by both
181	313		said fine and imprisonment, and in addition th ereto, shall be
182	314		discharged from state employmen t.
183		-
184	315		B. 1. Any state employee, other than the individuals provided
185	316		for in paragraph 2 of this subsection and any em ployee of the
186	317		Department of Public Safety who is an employee in the Driver License
187	318		Examining Services Division or the Driver Compliance Division or a
188	319		wrecker inspector or auditor of the Wrecker Services Division as
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189	346		provided for in paragraph 3 of this subse ction, who receives
190	347		emergency telephone calls regularly at the residence of the employee
191	348		when the employee is not on duty and is regularly called upon to use
192	349		a vehicle after normal work hours in response to such emergency
193	350		calls, may be permitted to use a v ehicle belonging to the state to
194	351		provide transportation between the residence of the employee and the
195	352		assigned place of employment, provided such dist ance does not exceed
196	353		seventy-five (75) miles in any round trip or is within the county
197	354		where the assigned place of employment is located. Provided
198	355		further, an employee may be permitted to use a state -owned or state-
199	356		leased vehicle to provide temporary tran sportation between a
200	357		specific work location other than the assigned place of employment
201	358		and the residence of the employee, if such use shall result in a
202	359		monetary saving to the agency, and such authorization sh all not be
203	360		subject to the distance or area rest rictions provided for in this
204	361		paragraph. Authorization for temporary use of a state -owned or
205	362		state-leased vehicle for a specific project shall be in writing
206	363		stating the justification for this use and the savi ng expected to
207	364		result. Such authorization shal l be valid for not to exceed sixty
208	365		(60) days. Any state entity other than law enforcement that avails
209	366		itself of this provision shall keep a monthly record of all
210	367		participating employees, the number of emergen cy calls received and
211	368		the number of times that a state vehicle was used in the performance
212	369		of such emergency calls.
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214	396		2. Any employee of the Department of Public Safety, Oklahoma
215	397		Department of Corrections, Oklahoma State Bureau of Narcotics and
216	398		Dangerous Drugs Control, Oklahoma State Bureau of Investiga tion,
217	399		Alcoholic Beverage Laws Enforcement Commission, Oklahoma Horse
218	400		Racing Commission, Oklahoma Departmen t of Agriculture, Food, and
219	401		Forestry, Office of the Inspector General within the Department of
220	402		Human Services or Office of the State Fire Marshal, who is a law
221	403		enforcement officer or criminalist, Public Information officer,
222	404		Special Investigator or Assistant Director of the Oklahoma State
223	405		Bureau of Investigation, the Executive Director of CLEET, CLEET-
224	406		certified Investigator for a state board , or any employee of a
225		-	district attorney who is a law enforcement officer, ~~m ay~~ be permitted ~~ENR. H. B. NO. 2869 Page 6~~
	407	+	district attorney who is a law enforcement officer, may be permitted
226	408		to use a state-owned or state-leased vehicle to provide
227	409		transportation between the residence of the employee and the
228	410		assigned place of employment and between the residence and any
229	411		location other than the assigne d place of employment to which the
230	412		employee travels in the performance o f the official duty of the
231	413		employee.
232		-
233	414		3. Any employee of the Department of Public Safety who i s an
234	415		employee in the Driver License Examining Services Division, an
235	416		employee of the Driver Complian ce Division, a wrecker inspector or
236	417		auditor of the Wrecker Serv ices Division, or a noncommissioned pilot
237	418		may be permitted, as determined by the Commissioner, to use a state-
238	419		owned or state-leased vehicle to provide transportation between the
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239	446		residence of the employee and the assigned place of employment and
240	447		between the residence and any location other than the assigned place
241	448		of employment to which the employee travels i n the performance of
242	449		the official duty of the employee.
243		-
244	450		4. The Director, department heads and other essential employees
245	451		of the Department of Wildlife Co nservation, as authorized by the
246	452		Wildlife Conservation Com mission, may be permitted to use a state -
247	453		owned or state-leased vehicle to provide transportation between the
248	454		residence of the employee and the assigned place of employment and
249	455		between the residence and any location other than the assigned place
250	456		of employment to which the employee travels in the perf ormance of
251	457		the official duty of the employee.
252		-
253	458		5. The Director, department heads, emergency responders and
254	459		other essential employees of the Department of Corrections, as
255	460		authorized by the Director, may be permitt ed to use a state-owned or
256	461		state-leased vehicle to provide transportation between the residence
257	462		of the employee and the assigned place of employment and between the
258	463		residence and any location other than the assigned place of
259	464		employment to which the employe e travels in the performance of the
260	465		official duty of the employee.
261		-
262	466		C. The principal administrator of the state agency with which
263	467		the employee is employed shall so designate the status of the
264	468		employee in writing or provide a copy of the temporary authoriza tion
265	469		to the Governor, the President Pro Te mpore of the Senate and the
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266	496		Speaker of the House of Representatives . Such employee status
267	497		report shall also be provided to the State Fleet Manager of the
268	498		Division of Fleet Management if the motor vehicle for emerg ency use
269	499		is provided by said Division.
270		-	ENR. H. B. NO. 2869 Page 7
271	500		SECTION 3. AMENDATORY 70 O.S. 2021, Section 3311, is
272	501		amended to read as follows:
273		-
274	502		Section 3311. A. There is hereby created a Council on Law
275	503		Enforcement Education and Training which shall be, and is hereby
276	504		declared to be, a governmental law enforcement agency of the State
277	505		of Oklahoma, body politic and corporate, with powers of government
278	506		and with the authority to exercise the r ights, privileges and
279	507		functions necessary to ensure the professiona l training and
280	508		continuing education of law enforcement officers in the State of
281	509		Oklahoma this state. These rights, privileges and functions
282	510		include, but are not limited to, those specified in Secti ons 3311
283	511		through 3311.15 of this title and in the Oklahoma Security G uard and
284	512		Private Investigator Act and the Oklahoma Bail Enforcement and
285	513		Licensing Act. The Counci l shall be authorized to require agency
286	514		employees and the employees of agency contractors in positions to
287	515		have access to Oklahoma Peace Officer records, Oklahoma Security
288	516		Guard and Private Investigator records, Oklahoma Bail Enforcement
289	517		and Licensing Act records, to be subject to a criminal history
290	518		search by the Oklahoma State Bureau of Invest igation, as well as be
291	519		fingerprinted for submission of the fingerprin ts through the
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292	546		Oklahoma State Bureau of Investigation to the Federal Bureau of
293	547		Investigation for a national criminal history check. The Council
294	548		shall be the recipient of the results of t he record check. In
295	549		accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,
296	550		this includes a national criminal record with a finger print
297	551		analysis. The Council shall be composed of thirteen (13) members as
298	552		follows:
299		-
300	553		1. The Commissioner of the Department of Public Safety, or
301	554		designee;
302		-
303	555		2. The Director of the Okl ahoma State Bureau of Narcotics and
304	556		Dangerous Drugs Control, or designee;
305		-
306	557		3. The Director of the Oklahoma State Bureau of Investigation,
307	558		or designee;
308		-
309	559		4. One member appointed by the Gove rnor who shall be a law
310	560		enforcement administrator representing a trib al law enforcement
311	561		agency;
312		-
313	562		5. One member appointed by the Governor who shall be a chief of
314	563		police of a municipality with a population over one hundred thousand
315		-	(100,000), as determined b y the latest Federal Decennial Census; ENR. H. B. NO. 2869 Page 8
316		-
	564	+	(100,000), as determined b y the latest Federal Decennial Census;
317	565		6. One member appointed by th e Board of Directors of the
318	566		Oklahoma Sheriffs’ Association who shall be a sheriff of a county
319	567		with a population under twenty -five thousand (25,000), as determined
320	568		by the latest Federal De cennial Census;
321	569
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322	595		7. One member appointed by the Oklahoma Association of Police
323	596		Chiefs Chiefs of Police who shall be a chief of police representing
324	597		a municipality with a population over ten thousand (10,000), as
325	598		determined by the latest Federal Decennial Ce nsus;
326		-
327	599		8. One member shall be appointed by the Board of Directors of
328	600		the Oklahoma Sheriffs’ Association who shall be a sheriff of a
329	601		county with a population of twenty -five thousand (25,000) or more,
330	602		as determined by the latest Federal Decennial Census;
331		-
332	603		9. One member appointed by the Board of Directors of the
333	604		Fraternal Order of Police who s hall have experience as a training
334	605		officer;
335		-
336	606		10. One member appointed by the Chancellor of Higher Education
337	607		who shall be a representative of East Central University;
338		-
339	608		11. One member appointed by the Board of Directors of the
340	609		Oklahoma Sheriffs and Peace Off icers Association who shall be a
341	610		full-time law enforcement officer in good standing with CLEET wit hin
342	611		a county with a population under fifty thousand (50,000);
343		-
344	612		12. The President Pro Tempore of the Senate shall appoint one
345	613		member from a list of three or mo re nominees submitted by a
346	614		statewide organization representing cities and towns that is exempt
347	615		from taxation under federal law and designated pursuant to the
348	616		provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a);
349	617		and
350	618
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351	644		13. The Speaker of the Ho use of Representatives shall appoint
352	645		one member from a list of three or more nominees submitted by an
353	646		organization that assists in the establishment of accreditation
354	647		standards and training programs for law enforcement agencies
355	648		throughout the State of Oklahoma this state.
356		-
357	649		The Executive Director selected by the Council shall be an ex
358	650		officio member of the Council a nd shall act as Secretary. The
359	651		Council on Law Enforcement Ed ucation and Training shall select a
360		-	chair and vice-chair from among its members. Members of the Council ~~ENR. H. B. NO. 2869 Page 9~~
	652	+	chair and vice-chair from among its members. Members of the Council
361	653		on Law Enforcement Education and Training shall not receive a salary
362	654		for duties performed as members of the Council, but shall be
363	655		reimbursed for their actual and necessary expenses incurred in the
364	656		performance of Council duties pursuant to the provi sions of the
365	657		State Travel Reimbursement Act.
366		-
367	658		B. The Council on Law Enforcement Education and Trai ning is
368	659		hereby authorized and directed to:
369		-
370	660		1. Appoint a larger Advisory Council to discuss problems and
371	661		hear recommendations concerning necessary research, m inimum
372	662		standards, educational needs, and other matters imperative to
373	663		upgrading Oklahoma law enforc ement to professional status;
374		-
375	664		2. Promulgate rules with respe ct to such matters as
376	665		certification, revocation, suspension, withdrawal and reinstatement
377	666		of certification, minimum courses of study, testing and test scores,
378	667		attendance requirements, equipment a nd facilities, minimum
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379	694		qualifications for instructors, minimu m standards for basic and
380	695		advanced in-service courses, and seminars for Oklahoma police and
381	696		peace officers;
382		-
383	697		3. Authorize research, basic and advanced courses, and seminars
384	698		to assist in program p lanning directly and through subcommittees;
385		-
386	699		4. Authorize additional staff and services necessary for
387	700		program expansion;
388		-
389	701		5. Recommend legislation necessary t o upgrade Oklahoma law
390	702		enforcement to professional status;
391		-
392	703		6. Establish policies and regulations concerning the number,
393	704		geographic and police unit distributio n, and admission requirements
394	705		of those receiving tuition or scholarship aid available through the
395	706		Council. Such waiver of costs shall be limited to duly appointed
396	707		members of legally constituted local, county, and state law
397	708		enforcement agencies on the basi s of educational and financial need;
398		-
399	709		7. Appoint an Executive Director and an Assistant Director to
400	710		direct the staff, inform the Council of compliance with the
401	711		provisions of this section and perf orm such other duties imposed on
402	712		the Council by law. An Exec utive Director appointed by the Council
403	713		must qualify for the position with a bachelor or higher d egree in
404	714		law enforcement from an accredited college or university, or a
405		-	bachelor or higher degree in a law-enforcement-related subject area, ~~ENR. H. B. NO. 2869 Page 10~~
	715	+	bachelor or higher degree in a law-enforcement-related subject area,
406	716		and a minimum of five (5) years of active law enforcement experience
407	717		including, but not limited to, responsibility for enforcement,
	718	+
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408	744		investigation, administration, training, or curriculum
409	745		implementation.
410		-
411	746		The Executive Director of the Council on L aw Enforcement
412	747		Education and Training may hire an Assistant Director to perform
413	748		such duties as directed by the Executive Director.
414		-
415	749		The Executive Director of the Council on Law Enforcement
416	750		Education and Training may commission CLEET staff as peace officers
417	751		for purposes consistent with the duties of CLEET as set out in state
418	752		law. The powers and duties conferred on the Executive Di rector or
419	753		any staff member appointed by the Executive Director as a peace
420	754		officer shall not limit the powers and duties of other peace
421	755		officers of this state o r any political subdivision thereof. The
422	756		Executive Director or any staff member appointed by the Executive
423	757		Director as a peace officer may, upon request, assist any federal,
424	758		state, county or municipal law enforcement agency;
425		-
426	759		8. Enter into contracts and a greements for the payment of
427	760		classroom space, food, and lodging expenses as may be necessary for
428	761		law enforcement officers attending any official course of
429	762		instruction approved or conducted by the Council. Such expenses may
430	763		be paid directly to the contract ing agency or business
431	764		establishment. The food and lodging expenses for each law
432	765		enforcement officer shall not exceed the authorized rates as
433	766		provided for in the State Travel Reimbursement Act; provided,
434	767		however, the Council may provide food and lodging t o law enforcement
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435	794		officials attending any official course of instruction approved or
436	795		conducted by the Council rather than paying for the provision of
437	796		such food and lodging by an outside contracting agency or business
438	797		establishment;
439		-
440	798		9. a. Certify canine teams, consisting of a dog and a
441	799		handler working together as a team, trained to detect:
442		-
443	800		(1) controlled dangerous substances, or
444		-
445	801		(2) explosives, explosive materials, explosive
446	802		devices, or materials which could be used to
447	803		construct an explosive device;
448		-
449	804		provided, the dog of a certified canine team shall not
450		-	be certified at any time as both a drug dog and a bomb ~~ENR. H. B. NO. 2869 Page 11~~
	805	+	be certified at any time as both a drug dog and a bomb
451	806		dog, and any dog of a certified canine team who has
452	807		been previously certified as either a drug dog or a
453	808		bomb dog shall not be eligible at any time to be
454	809		certified in the other category.
455		-
456	810		b. Upon retiring the dog from the service it was
457	811		certified to perform, the law enforcement department
458	812		that handled the dog shall retain possession of the
459	813		dog. The handler shall have first option of adopting
460	814		the dog. If that option is not exercised, the law
461	815		enforcement department shall provide for its adoption.
462	816		Once adopted the dog shall not be placed back into
463	817		active service;
	818	+
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464	843
465	844		10. Enter into a lease, loan or other agreement with the
466	845		Oklahoma Development Finance Authority o r a local public trust for
467	846		the purpose of facilitating the financing of a new facility for its
468	847		operations and use and pledge, to the extent authorized by law, all
469	848		or a portion of its receipts of the assessment penalty herein
470	849		referenced for the payment of i ts obligations under such lease, loan
471	850		or other agreement. It is the intent of the Legislature to increase
472	851		the assessment penalty to such a level or appropriate sufficient
473	852		monies to the Council on Law Enforcement Education and Training to
474	853		make payments on the lease, loan or other agreement for the purpose
475	854		of retiring the bonds to be issued by the Okla homa Development
476	855		Finance Authority or local public trust. Such lease, loan or other
477	856		agreement and the bonds issued to finance such facilities shall not
478	857		constitute an indebtedness of the State of Oklahoma this state or be
479	858		backed by the full faith and credit of the State of Oklahoma this
480	859		state, and the lease, loan or other agreement and the bonds shall
481	860		contain a statement to such effect;
482		-
483	861		11. Accept gifts, beques ts, devises, contributions and grants,
484	862		public or private, of real or personal property;
485		-
486	863		12. Appoint an advisory commit tee composed of representatives
487	864		from security guard and private investigative agencies to advise the
488	865		Council concerning necessary researc h, minimum standards for
489	866		licensure, education, and other matters related to licensure of
	867	+
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490	893		security guards, security guar d agencies, private investigators, and
491	894		private investigative agencies;
492		-
493	895		13. Enter into agreements with individuals, educational
494	896		institutions, agencies, and business and tribal entities for
495		-	professional services, the use of facilities and supplies, and staf f ~~ENR. H. B. NO. 2869 Page 12~~
	897	+	professional services, the use of facilities and supplies, and staf f
496	898		overtime costs incurred as a result of the user ’s requests to
497	899		schedule functions after -hours, on weekends, or anytime such
498	900		requests extend staff beyond its normal capacity, whereby
499	901		contracting individuals, educational institutions, agencies, and
500	902		business and tribal entities shall pay a fee to be determined by the
501	903		Council by rule. All fees collected pursuant to facilities usage
502	904		shall be deposited to the credit of the C.L.E.E.T. Training C enter
503	905		Revolving Fund created pursuant to Section 3311.6 of this titl e.
504	906		All other fees collected pursuant to these agreements shall be
505	907		deposited to the credit of the Peace Officer Revolving Fund created
506	908		pursuant to Section 3311.7 of this title. The Counci l is authorized
507	909		to promulgate emergency rules to effectuate the prov isions of this
508	910		paragraph;
509		-
510	911		14. Promulgate rules to establish a state firearms
511	912		requalification standard for active peace officers and meet any
512	913		requirements imposed on the Council by the fed eral Law Enforcement
513	914		Officers Safety Act of 2004;
514		-
515	915		15. Set minimal criteria relating to qualifications for chief
516	916		of police administrative training pursuant to Section 34 -102 of
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517	943		Title 11 of the Oklahoma Sta tutes, assist in developing a course of
518	944		training for a Police Chief Administrative School, and approve all
519	945		police chief administrative training offered in this state;
520		-
521	946		16. Appoint a Curriculum Review Board to be composed of six (6)
522	947		members as follows:
523		-
524	948		a. one member shall be selected by the Chancellor for
525	949		Higher Education, who possesses a background of
526	950		creation and review o f curriculum and experience
527	951		teaching criminal justice or law enforcement courses,
528	952		who shall serve an initial term of one (1) year,
529		-
530	953		b. one member shall represent a municipal jurisdiction
531	954		with a population of fifty thousand (50,000) or more
532	955		and who shall be a management-level CLEET-certified
533	956		training officer, who shall serve an initial term of
534	957		two (2) years,
535		-
536	958		c. one member shall represent a co unty jurisdiction with
537	959		a population of fifty thousa nd (50,000) or more and
538	960		who shall be a management -level CLEET-certified
539	961		training officer, who shall serve an initial term of
540		-	three (3) years, ~~ENR. H. B. NO. 2869 Page 13~~
	962	+	three (3) years,
541	963		d. one member shall represent a municipal jurisdiction
542	964		with a population of less than fifty thousand (50,000)
543	965		and who shall be a CLEET -certified training officer,
544	966		who shall serve an initial term of two (2) years,
545	967
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546	993		e. one member shall represent a county jurisdiction with
547	994		a population of less than fifty thousand (50,000) and
548	995		who shall be a CLEET-certified training office r, who
549	996		shall serve an initial term of one (1) year, and
550		-
551	997		f. one member selected by the Oklahoma Department of
552	998		Career and Technology, who shall have experience in
553	999		the creation and review of curriculum as wel l as
554	1000		experience in teaching criminal justice or law
555	1001		enforcement courses, who shall serve an initial term
556	1002		of three (3) years.
557		-
558	1003		After the initial terms of office, all members shall be
559	1004		appointed to serve three -year terms. Any member may be reappointed
560	1005		to serve consecutive terms. Members shall serve without
561	1006		compensation, but may be reimbursed for travel expenses pursuant to
562	1007		the State Travel Reimbursement Act. The Board shall review and
563	1008		establish curriculum for all CLEET academies and training courses
564	1009		pursuant to procedures established by the Council on Law En forcement
565	1010		Education and Training;
566		-
567	1011		17. Conduct review and verificati on of any records relating to
568	1012		the statutory duties of CLEET;
569		-
570	1013		18. Receive requested reports including investigative reports,
571	1014		court documents, statements, or other applicable information fr om
572	1015		local, county and state agencies and other agencies for use in
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573	1042		actions where a certification or license issued by CLEET may be
574	1043		subject to disciplinary or other actions provided by law;
575		-
576	1044		19. Summarily suspend a certification of a peace officer,
577	1045		without prior notice but otherwise subject to administrative
578	1046		proceedings, if CLEET finds that the actions of the certified peace
579	1047		officer may present a danger to the peace officer, the public, a
580	1048		family or household member, or involve a crime against a minor. A
581	1049		certified copy of the information or indictment charging such a
582	1050		crime shall be considered clear and convincing evidence of the
583	1051		charge; and
584		-	ENR. H. B. NO. 2869 Page 14
585	1052		20. Approve law enforcement agencies and police departments in
586	1053		accordance with the following:
587		-
588	1054		a. this section applies on ly to an entity authorized by
589	1055		statute or by the Constitution to crea te a law
590	1056		enforcement agency or police department and
591	1057		commission, appoint, or employ officers that first
592	1058		creates or reactivates an inactiv e law enforcement
593	1059		agency or police department and f irst begins to
594	1060		commission, appoint, or employ officers on or after
595	1061		November 1, 2011,
596		-
597	1062		b. the entity shall submit to CLEET, a minimum of sixty
598	1063		(60) days prior to creation of the law enforcement
599	1064		agency or police department, information regarding:
600	1065
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601	1091		(1) the need for the law enforcement agency or police
602	1092		department in the communit y,
603		-
604	1093		(2) the funding sources for the law enforcement
605	1094		agency or police department, and proof that no
606	1095		more than fifty percent (50%) of the fu nding of
607	1096		the entity will be derived from ticket rev enue or
608	1097		fines,
609		-
610	1098		(3) the physical resources available to officers,
611		-
612	1099		(4) the physical facilities that the law enforcement
613	1100		agency or police department will operate
614	1101		including descriptions of the evidence room,
615	1102		dispatch area, restroom facilities, and public
616	1103		area,
617		-
618	1104		(5) law enforcement policies of the law enforcement
619	1105		agency or police department including published
620	1106		policies on:
621		-
622	1107		(a) use of force,
623		-
624	1108		(b) vehicle pursuit,
625		-
626	1109		(c) mental health,
627		-
628	1110		(d) professional conduct of offic ers,
629		-	ENR. H. B. NO. 2869 Page 15
630	1111		(e) domestic abuse,
631		-
632	1112		(f) response to missing pe rsons,
633		-
634	1113		(g) supervision of part-time officers, and
635		-
636	1114		(h) impartial policing,
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637	1140
638	1141		(6) the administrative structure of the law
639	1142		enforcement agency or police department,
640		-
641	1143		(7) liability insurance, and
642		-
643	1144		(8) any other information CLEET requires by rule,
644		-
645	1145		c. within sixty (60) days of receiving an entity ’s
646	1146		request, CLEET will forward to the entity by certified
647	1147		mail, return receipt requested, a letter of
648	1148		authorization or denial to create a law enforcement
649	1149		agency or police depa rtment and commission, appoint,
650	1150		or employ officers, signed by the Executive Director
651	1151		of CLEET, and
652		-
653	1152		d. in cases of denial, the entity may appeal the decision
654	1153		of the Executive Director to the full CLEET Council.
655	1154		The Executive Director shall ensure that the final
656	1155		report is provided to all members of the Council. The
657	1156		Council shall review and make recommendations
658	1157		concerning the report at the first meeting of the
659	1158		Council to occur after all members of the Council have
660	1159		received the report. The Council may, by ma jority
661	1160		vote:
662		-
663	1161		(1) order additional information be pr ovided,
664		-
665	1162		(2) order confirmation of the opinion of the
666	1163		Executive Director, or
667		-
668	1164		(3) order authorization of the entity.
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669	1190
670	1191		C. 1. Payment of any fee provided for in this section may be
671	1192		made by a nationally recogn ized credit or debit card issued to the
672	1193		applicant. The Council may publicly post and collect a fee for the
673	1194		acceptance of the nationally recognized credit or debit card not to
674		-	exceed five percent (5%) of the amount of the payment. For purposes ~~ENR. H. B. NO. 2869 Page 16~~
	1195	+	exceed five percent (5%) of the amount of the payment. For purposes
675	1196		of this subsection, “nationally recognized credit card” means any
676	1197		instrument or device, whether known as a credit card, credit pla te,
677	1198		charge plate, or by any other name, issued with or without fee by an
678	1199		issuer for the use of the cardholder in obtaining goods, service s,
679	1200		or anything else of value and which is accepted by over one thousand
680	1201		merchants in this state. “Debit card” means an identification card
681	1202		or device issued to a person by a business organization which
682	1203		permits such person to obtain access to or activate a consumer
683	1204		banking electronic facility. The Council shall determine which
684	1205		nationally recognized credit or debit cards wi ll be accepted as
685	1206		payment for fees.
686		-
687	1207		2. Payment for any fee provided for in this title may be made
688	1208		by a business check. The Council may:
689		-
690	1209		a. add an amount equal to the amount of the servic e
691	1210		charge incurred, not to exceed three percent (3%) of
692	1211		the amount of the check as a service charge for the
693	1212		acceptance and verification of the check, or
694		-
695	1213		b. add an amount of no more than Five Dollars ($5.00) as
696	1214		a service charge for the acceptance and verific ation
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697	1241		of a check. For purposes of this subsection,
698	1242		“business check” shall not mean a money order,
699	1243		cashier’s check, or bank certified check.
700		-
701	1244		D. Failure of the Legislature to appropriate necessary funds to
702	1245		provide for expenses and operations of the Council on Law
703	1246		Enforcement Education and Training shall not invalidate othe r
704	1247		provisions of this section relating to the creation and duties of
705	1248		the Council.
706		-
707	1249		E. 1. No person shall be eligible for employment as a peace
708	1250		officer or reserve peace officer until the em ploying law enforcement
709	1251		agency has conducted a background investigat ion of such person
710	1252		consisting of the following:
711		-
712	1253		a. a fingerprint search submitted to the Oklahoma State
713	1254		Bureau of Investigation with a re turn report to the
714	1255		submitting agency that such pers on has no felony
715	1256		record,
716		-
717	1257		b. a fingerprint search submitted to the Fe deral Bureau
718		-	of Investigation with a return report to the ~~ENR. H. B. NO. 2869 Page 17~~
	1258	+	of Investigation with a return report to the
719	1259		submitting agency that such person has no felony
720	1260		record,
721		-
722	1261		c. such person has undergone psychological evaluation by
723	1262		a psychologist licensed by the State of Oklahoma and
724	1263		has been evaluated to be suitab le to serve as a peace
725	1264		officer in the State of Oklahoma ,
726	1265
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727	1291		d. the employing agency has verified that such person has
728	1292		a high school diploma or a GED equivalency certificate
729	1293		as recognized by state law,
730		-
731	1294		e. such person is not participating in a deferred
732	1295		sentence agreement for a felony, a crime involving
733	1296		moral turpitude or a crime of domestic violence, and
734	1297		does not have any criminal charges pendin g in any
735	1298		court in this state, another state, in tri bal court or
736	1299		pursuant to the United States Code,
737		-
738	1300		f. such person is not currently subject to an order of
739	1301		the Council revoking, suspending, or accepting a
740	1302		voluntary surrender of peace officer certification,
741		-
742	1303		g. such person is not currently undergoing treatment for
743	1304		a mental illness, condition or disorder. For purposes
744	1305		of this subsection, “currently undergoing treatment
745	1306		for mental illness, condition or disorder ” means the
746	1307		person has been diagnosed by a licensed physician,
747	1308		psychologist, or licensed mental health professional
748	1309		as being afflicted with a substantial disorder of
749	1310		thought, mood, perception, psychological orientation
750	1311		or memory that significantly impairs judgment,
751	1312		behavior, capacity to recognize reality, or ability to
752	1313		meet the ordinary demands of life and such condition
753	1314		continues to exist,
754	1315
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755	1341		h. such person is twenty -one (21) years of age.
756	1342		Provided, this requirement shall not affect those
757	1343		persons who are already employed as a police or peace
758	1344		officer prior to November 1, 1985, and
759		-
760	1345		i. such person has provided proof of United States
761	1346		citizenship or resident alien status, pursuan t to an
762	1347		employment eligibility verification form from the
763		-	United States Citizenship and Immigration Services. ~~ENR. H. B. NO. 2869 Page 18~~
	1348	+	United States Citizenship and Immigration Services.
764	1349		2. To aid the evaluating p sychologist in interpreting the test
765	1350		results including automated scoring and interpretations, the
766	1351		employing agency shal l provide the psychologist a statement
767	1352		confirming the identity of the individual taking the test as the
768	1353		person who is employed or seeking employment as a peace officer of
769	1354		the agency and attesting that it administered the psychological
770	1355		instrument in accorda nce with standards within the test document.
771	1356		The psychologist shall report to the employing agency the evaluation
772	1357		of the assessment inst rument and may include any additional
773	1358		recommendations to assist the employing agency in determining
774	1359		whether to certify to the Council on Law Enforcement Education and
775	1360		Training that the person being evaluated is suitable to serve as a
776	1361		peace officer in the State of Oklahoma this state. No additional
777	1362		procedures or requirements shall be imposed for performance of the
778	1363		psychological evaluation. The psychological instrument utilized
779	1364		shall be evaluated by a psychologist licensed by the State of
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780	1391		Oklahoma, and the employing agency shall certify to the Council that
781	1392		the evaluation was conducted in accordance with this provision and
782	1393		that the employee or applicant is suitable to serve as a peace
783	1394		officer in the State of Oklahoma this state.
784		-
785	1395		a. Any person found not to be suitable for employment or
786	1396		certification by the Council shall not be empl oyed,
787	1397		retained in employment as a peace officer, or
788	1398		certified by the Council for at least one (1) year, at
789	1399		which time the employee or applicant may be
790	1400		reevaluated by a psychologist li censed by the State of
791	1401		Oklahoma. This section shall also be applicable t o
792	1402		all reserve peace officers in the State of Oklahoma
793	1403		this state.
794		-
795	1404		b. Any person who is certified by CLEET and has undergone
796	1405		the psychological evaluation required by this
797	1406		subparagraph and has been found to be suitable as a
798	1407		peace officer shall not be required to be ree valuated
799	1408		for any subsequent employment as a peace officer
800	1409		following retirement or any break in service as a
801	1410		peace officer, unless such break in service exceeds
802	1411		five (5) years or the Council determines that a peace
803	1412		officer may present a danger to himself or herself,
804	1413		the public, or a family or household member.
805	1414
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806	1440		c. All persons seeking certification shall have their
807	1441		name, gender, date of birth, and address of such
808		-	person submitted to the Department of Mental Health ~~ENR. H. B. NO. 2869 Page 19~~
	1442	+	person submitted to the Department of Mental Health
809	1443		and Substance Abuse Services by the Council. The
810	1444		Department of Mental Health and Substance Abuse
811	1445		Services shall respond to the Council within ten (10)
812	1446		days whether the computerized records of the
813	1447		Department indicate the applicant has ever been
814	1448		involuntarily committed to an Oklahoma state mental
815	1449		institution. In the event that the Department of
816	1450		Mental Health and Subst ance Abuse Services reports to
817	1451		the Council that the applicant has been involuntarily
818	1452		committed, the Council shall immediately inform the
819	1453		employing agency.
820		-
821	1454		All basic police courses shall in clude a minimum of four (4)
822	1455		hours of education and training in recog nizing and managing a person
823	1456		appearing to require mental health treatment or services. The
824	1457		training shall include training in crime and drug prevention, crisis
825	1458		intervention, youth and fam ily intervention techniques, recognizing,
826	1459		investigating and preventi ng abuse and exploitation of elderly
827	1460		persons, mental health issues, and criminal jurisdiction on
828	1461		Sovereign Indian Land.
829	1462
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830	1488		Subject to the availability of funding, for full -time salaried
831	1489		police or peace officers a basic police course academy shall consist
832	1490		of a minimum of six hundred (600) hours.
833		-
834	1491		For reserve deputies a basic reserve academy shall consist of a
835	1492		minimum of two hundred forty (240) hours.
836		-
837	1493		3. Beginning January 1, 2018, any reserve pe ace officer who has
838	1494		completed the two-hundred-forty-hour reserve peace officer
839	1495		certification program and who has been in active service in that
840	1496		capacity for the past six (6) months shall be eligible to attend a
841	1497		three-hundred-sixty-hour basic full-time training academy to become
842	1498		certified as a full-time peace or police offi cer.
843		-
844	1499		4. Every person who has not been certified as a police or peace
845	1500		officer and is duly appointed or elected as a police or peace
846	1501		officer shall hold such position on a temporary basis on ly, and
847	1502		shall, within six (6) months from the date of appointment or taking
848	1503		office, qualify as required in this subsection or forfeit such
849	1504		position. In computing the tim e for qualification, all service
850	1505		shall be cumulative from date of first appointment or taking office
851	1506		as a police or peace officer with any department in t his state.
852		-	ENR. H. B. NO. 2869 Page 20
853	1507		a. The Council may extend the time requirement specified
854	1508		in this paragraph for good cause a s determined by the
855	1509		Council.
856	1510
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857	1536		b. A duty is hereby imposed upon the employing agency to
858	1537		withhold payment of the compensation or wage of such
859	1538		unqualified officer.
860		-
861	1539		c. If the police or peace officer fails to forfeit the
862	1540		position or the employing agency fails to require the
863	1541		officer to forfeit the position, the district attorney
864	1542		shall file the proper action to cause the forfeiting
865	1543		of such position. The district c ourt of the county
866	1544		where the officer is employed shall have jurisdiction
867	1545		to hear the case.
868		-
869	1546		5. The Council may certify officers who have completed a course
870	1547		of study in another state deemed by the Council to meet standards
871	1548		for Oklahoma peace officers provid ing the officer’s certification in
872	1549		the other state has not been revoked or voluntarily surrendered and
873	1550		is not currently under suspension.
874		-
875	1551		6. For purposes of this section, a police or peac e officer is
876	1552		defined as a full-time duly appointed or elected office r who is paid
877	1553		for working more than twenty -five (25) hours per week and whose
878	1554		duties are to preserve t he public peace, protect life and property,
879	1555		prevent crime, serve warrants, transport p risoners, and enforce laws
880	1556		and ordinances of this state, or any poli tical subdivision thereof;
881	1557		provided, elected sheriffs and their deputies and elected,
882	1558		appointed, or acting chiefs of police shall meet the requirements of
883	1559		this subsection within the first six (6) months after assuming the
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884	1586		duties of the office to which they are elected or appointed or for
885	1587		which they are an acting chief; provided further, that this section
886	1588		shall not apply to persons designated by the Director of the
887	1589		Department of Corrections as peace officers pursuant to Section 510
888	1590		of Title 57 of the Oklahom a Statutes.
889		-
890	1591		F. No person shall be certified as a police or peace officer by
891	1592		the Council or be employe d by the state, a county, a city, or any
892	1593		political subdivision thereof, who is current ly subject to an order
893	1594		of the Council revoking, suspending, or accep ting a voluntary
894	1595		surrender of peace officer certification or who has been convicted
895	1596		of a felony, a crime involving moral turpitude, or a crime of
896	1597		domestic violence, unless a full pardon ha s been granted by the
897		-	proper agency; however, any person who has bee n trained and ~~ENR. H. B. NO. 2869 Page 21~~
	1598	+	proper agency; however, any person who has bee n trained and
898	1599		certified by the Council on Law Enforcement Education and Training
899	1600		and is actively emplo yed as a full-time peace officer as of November
900	1601		1, 1985, shall not be subject to the p rovisions of this subsection
901	1602		for convictions occurring prior to Nove mber 1, 1985.
902		-
903	1603		G. 1. The Council is hereby authorized to provide to any
904	1604		employing agency the followin g information regarding a person who is
905	1605		or has applied for employment as a police or p eace officer of such
906	1606		employing agency:
907		-
908	1607		a. Oklahoma State Bureau of I nvestigation and Federal
909	1608		Bureau of Investigation reports,
910	1609
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911	1635		b. administration of the psychological tests provided for
912	1636		herein,
913		-
914	1637		c. performance in the course of study or other basis of
915	1638		certification,
916		-
917	1639		d. previous certifications issued, and
918		-
919	1640		e. any administrative or judicial determination denying
920	1641		certification.
921		-
922	1642		2. An employing agency shall not be liable in any ac tion
923	1643		arising out of the release of contents of personnel information
924	1644		relevant to the qualifications or ability of a person to perform the
925	1645		duties of a police or peace officer when such information is
926	1646		released pursuant to written authorization for release of
927	1647		information signed by such person and is provided to another
928	1648		employing agency which h as employed or has received an application
929	1649		for employment from such person.
930		-
931	1650		3. As used in this subsection, “employing agency” means a
932	1651		political subdivision or law enforc ement agency which either has
933	1652		employed or received an employment application from a pe rson who, if
934	1653		employed, would be subject to this section.
935		-
936	1654		H. 1. A law enforcement agency employing police or peace
937	1655		officers in this state shall report the hiring, resign ation, or
938	1656		termination for any reason of a police or peace officer to the
939	1657		Council within ten (10) days. Failure to comply with the provisions
940	1658		of this subsection may disqualify a law enforcement agency from
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941	1685		participating in training programs sponsored by th e Council. Every
942		-	law enforcement agency employing police or peace officers in this ~~ENR. H. B. NO. 2869 Page 22~~
	1686	+	law enforcement agency employing police or peace officers in this
943	1687		state shall submit to CLEET on or before October 1 of each calendar
944	1688		year a complete list of all commissioned employees with a current
945	1689		mailing address and phone number for e ach such employee. In
946	1690		addition to the above, CLEET may impose an administrative fine for
947	1691		violations of this section.
948		-
949	1692		2. A tribal law enforcement agency that has peace officers
950	1693		commissioned by an Oklahoma law enforcement agency pursuant to a
951	1694		cross-deputization agreement with the State of Oklahoma or any
952	1695		political subdivision of the State of Oklahoma pursuant to the
953	1696		provisions of Section 1221 of Title 74 of the Oklahoma Statutes
954	1697		shall report the commissioning, resignation, or terminati on of
955	1698		commission for any reason of a cross-deputized tribal police or
956	1699		peace officer to CLEET within ten (10) days of the commissioning,
957	1700		resignation, or termination. Failure to comply with the provisions
958	1701		of this subsection may disqualify a tribal law enfor cement agency
959	1702		from participating in training programs sponsored by the Council.
960		-
961	1703		I. It is unlawful for any p erson to willfully make any
962	1704		statement in an application to CLEET kno wing the statement is false
963	1705		or intentionally commit fraud in any application to the Council for
964	1706		attendance in any CLEET-conducted or CLEET-approved peace officer
965	1707		academy or Collegiate Offi cer Program or for the purpose of
966	1708		obtaining peace officer certificat ion or reinstatement. It is
	1709	+
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967	1735		unlawful for any person to willfully submit false o r fraudulent
968	1736		documents relating to continuing education rosters, transcripts or
969	1737		certificates, or any canine license application. Any person
970	1738		convicted of a violation of this su bsection shall be guilty of a
971	1739		felony punishable by imprisonment in the Departmen t of Corrections
972	1740		for a term of not less than two (2) years nor more than five (5)
973	1741		years, or by a fine not ex ceeding Two Thousand Dollars ($2,000.00),
974	1742		or by both such fine and i mprisonment. In addition to the above,
975	1743		CLEET may impose an administrative fine.
976		-
977	1744		J. 1. A police or pea ce officer shall be subject to
978	1745		disciplinary action to include a denial, suspension, revocation or
979	1746		acceptance of voluntary surrender of peace officer cer tification
980	1747		upon a showing of clear and convincing evidence for the following:
981		-
982	1748		a. conviction of a felony or a crime of domestic
983	1749		violence,
984		-
985	1750		b. conviction of a misdemeanor involving moral turp itude;
986	1751		provided, if the conviction is a single isolated
987		-	incident that occurred more than five (5) years ago ~~ENR. H. B. NO. 2869 Page 23~~
	1752	+	incident that occurred more than five (5) years ago
988	1753		and the Council is satisfied that the pe rson has been
989	1754		sufficiently rehabilitated, the Council may, in its
990	1755		discretion, certify such person providing that all
991	1756		other statutory requirements have been met,
992		-
993	1757		c. a verdict of guilt or entry of a plea of guilty or
994	1758		nolo contendere or an “Alford” plea or any plea other
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995	1785		than a not guilty plea for a felony offense, a crime
996	1786		of moral turpitude, or a crime of domestic violence,
997		-
998	1787		d. falsification or a willful misrepresentation of
999	1788		information in an employment application or
1000	1789		application to the Council on Law Enforcem ent
1001	1790		Education and Traini ng, records of evidence, or in
1002	1791		testimony under oath,
1003		-
1004	1792		e. revocation or voluntary surr ender of police or peace
1005	1793		officer certification in another state for a violation
1006	1794		of any law or rule or in settlement of any
1007	1795		disciplinary action in su ch state,
1008		-
1009	1796		f. involuntary commitment of a reserve or peace officer
1010	1797		in a mental institution or licensed privat e mental
1011	1798		health facility for any mental illness, condition or
1012	1799		disorder that is diagnosed by a licensed physician,
1013	1800		psychologist or a licensed mental health professional
1014	1801		as a substantial disorder of thought, mood,
1015	1802		perception, psychological orientation, or me mory that
1016	1803		significantly impairs judgment, behavior, capacity to
1017	1804		recognize reality, or ability to meet the ordinary
1018	1805		demands of life. Provided, the p eace officer
1019	1806		certification may be reinstated upon the Council
1020	1807		receiving notification of a psychological eval uation
1021	1808		conducted by a licensed physician, psychologist or
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1022	1835		licensed mental health professional which attests and
1023	1836		states by affidavit that the officer and the
1024	1837		evaluation test data of the officer have been examined
1025	1838		and that, in the professional opinion of the
1026	1839		physician, psychologist or licensed mental health
1027	1840		professional, the officer is psychologically suitable
1028	1841		to return to duty as a peace officer. Notw ithstanding
1029	1842		any other provision of state law pertaining to
1030	1843		confidentiality of hospital or other medical reco rds,
1031	1844		and as allowable under federal law, CLEET may subpoena
1032		-	or request a court to subpoena records necessary to ~~ENR. H. B. NO. 2869 Page 24~~
	1845	+	or request a court to subpoena records necessary to
1033	1846		assure compliance with these provisi ons. Any
1034	1847		confidential information received by CLEET for such
1035	1848		purpose shall retain its confidential characte r while
1036	1849		in the possession of CLEET,
1037		-
1038	1850		g. abuse of office,
1039		-
1040	1851		h. entry of a final order of protection against applicant
1041	1852		or officer, or
1042		-
1043	1853		i. any violation of the Oklahoma Private Se curity
1044	1854		Licensing Act.
1045		-
1046	1855		2. Disciplinary proceedings shall be commenced by filing a
1047	1856		complaint with the Council on a form approved by the Council. Any
1048	1857		employing agency or other person having information may submit such
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1049	1884		information to the Council for consider ation as provided in this
1050	1885		subsection.
1051		-
1052	1886		3. Upon the filing of the complaint, a prelim inary
1053	1887		investigation shall be conducted to determine whether:
1054		-
1055	1888		a. there is reason to believe the person has violated any
1056	1889		provision of this subsection or any other provision o f
1057	1890		law or rule, or
1058		-
1059	1891		b. there is reason to believe the person has been
1060	1892		convicted of a felony, a crime involving moral
1061	1893		turpitude or a domestic violence offe nse or is
1062	1894		currently participating in a deferred sentence for
1063	1895		such offenses.
1064		-
1065	1896		4. When the investigation o f a complaint does not find the
1066	1897		person has violated any of the provisions of this su bsection, or
1067	1898		finds that the person is sufficiently rehabilitated as provided in
1068	1899		subparagraph b or f of paragraph 1 of this subsection, no
1069	1900		disciplinary action shall be requi red and the person shall remain
1070	1901		certified as a police or peace officer. When the in vestigation of a
1071	1902		complaint finds that the person has violated any of the provisions
1072	1903		of this subsection, the matter shall be referred for disciplinar y
1073	1904		proceedings. The disc iplinary proceedings shall be in accordance
1074	1905		with Articles I and II of the Administra tive Procedures Act.
1075		-
1076	1906		5. The Council shall revoke the certification of any person
1077		-	upon determining that such person has been convicted of a felony o r ENR. H. B. NO. 2869 Page 25
	1907	+	upon determining that such person has been convicted of a felony o r
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1078	1934		a crime involving mora l turpitude or a domestic violence offense or
1079	1935		has entered a plea of guilty, or nolo contendere or an “Alford” plea
1080	1936		or any plea other than a not guilty p lea for a felony offense, a
1081	1937		crime of moral turpitude or a crime of domestic viol ence or is the
1082	1938		respondent in a final Victims Protective Order victim protective
1083	1939		order; provided, that if the conviction has been rev ersed, vacated
1084	1940		or otherwise invalidated by an appellate court, such conviction
1085	1941		shall not be the basis for revocation of cert ification; provided
1086	1942		further, that any person who has been trained and certified by the
1087	1943		Council on Law Enforcement Education and Trai ning and is actively
1088	1944		employed as a full-time peace officer as of Nov ember 1, 1985, shall
1089	1945		not be subject to the provisions of this subsection for con victions
1090	1946		occurring prior to November 1, 1985. The sole issue to be
1091	1947		determined at the hearing shall be wheth er the person has been
1092	1948		convicted of a felony, a crime involving mora l turpitude or a
1093	1949		domestic violence offense or is the nam ed respondent/defendant in a
1094	1950		final Victims Protective Order victim protective order.
1095		-
1096	1951		6. The Council shall revoke the certification of any person
1097	1952		upon determining that such person has received a deferred sentence
1098	1953		for a felony, a crime involving moral turpitude or a domestic
1099	1954		violence offense.
1100		-
1101	1955		7. The Council may suspend the certification of any person upon
1102	1956		a determination that such person has been involuntaril y committed to
1103	1957		a mental institution or mental health facility for a mental illness,
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1104	1984		condition or disorder as provided in sub paragraph f of paragraph 1
1105	1985		of this subsection.
1106		-
1107	1986		8. Every law enforcement agency in this state shall, within
1108	1987		thirty (30) days of a fi nal order of termination or resignation
1109	1988		while under investigation of a CLEET-certified peace officer, report
1110	1989		such order or resignation in writing to the Executive Director of
1111	1990		the Council. Any report, upon receipt by the Council, shall be
1112	1991		considered as personnel records and shall be afforded confidential
1113	1992		protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
1114	1993		Oklahoma Statutes. Any medical or other confidential records
1115	1994		obtained by subpoena pursuant to this subsection shall not be made a
1116	1995		part of such report. The Executive Director shall ensure that the
1117	1996		report is provided to all members of the Council. The Council sh all
1118	1997		review and make recommendations concerning the report at the first
1119	1998		meeting of the Council to occur after all members of the Coun cil
1120	1999		have received the report. The Council may, by a majority vote,
1121	2000		order the suspension, for a given period of time, or rev ocation of
1122		-	the CLEET certification of the peace officer in question if there ~~ENR. H. B. NO. 2869 Page 26~~
	2001	+	the CLEET certification of the peace officer in question if there
1123	2002		are grounds for such actions pursuant to this section a nd the peace
1124	2003		officer in question has been provided with notice and a n opportunity
1125	2004		for a hearing pursuant to the Administrati ve Procedures Act.
1126	2005		Suspension or revocation of CLEET certification pursuant to this
1127	2006		paragraph shall be reported to the district att orney for the
1128	2007		jurisdiction in which the peace officer was employed, to the
	2008	+
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1129	2034		liability insurance company of the law enforcemen t agency that
1130	2035		employed the peace officer, the chief elected official of the
1131	2036		governing body of the law enforcement agency and the chi ef law
1132	2037		enforcement officer of the law enforcement agency.
1133		-
1134	2038		9. For all other violations of this subsection, the hearing
1135	2039		examiner shall take into consideration the severity of the
1136	2040		violation, any mitigating circumstances offered by the person
1137	2041		subject to disciplinary action, and any other evidence relevant to
1138	2042		the person’s character to determine the appropriate disciplinary
1139	2043		action.
1140		-
1141	2044		10. a. A police or peace officer may voluntarily surrender
1142	2045		and relinquish the peace officer certification to
1143	2046		CLEET. Pursuant to suc h surrender or relinquishment,
1144	2047		the person surrendering the certifica tion shall be
1145	2048		prohibited from applying to CLEET for rein statement
1146	2049		within five (5) years of the date of the surrender or
1147	2050		relinquishment, unless otherwise provided by law for
1148	2051		reinstatement.
1149		-
1150	2052		b. No person who has had a police or peace officer
1151	2053		certification from another state revoked or
1152	2054		voluntarily surrendered and h as not been reinstated by
1153	2055		that state shall be considered for certification by
1154	2056		CLEET.
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1155	2082
1156	2083		c. Any person seeking reinstatement of police o r peace
1157	2084		officer certification which has been suspended,
1158	2085		revoked, or voluntarily surrendered may apply for
1159	2086		reinstatement pursuant to promulgated CLEET rules
1160	2087		governing reinstatement. Except as provided in this
1161	2088		subsection, any person whose certification has been
1162	2089		revoked, suspended or voluntarily surrendered for any
1163	2090		reason including failure to comply with mandatory
1164	2091		education and training requirements, shall pay a
1165	2092		reinstatement fee of One Hundred Fifty Dollars
1166		-	($150.00) to be deposited to the credit of the Peac e ~~ENR. H. B. NO. 2869 Page 27~~
	2093	+	($150.00) to be deposited to the credit of the Peac e
1167	2094		Officer Revolving Fund created pursuant to Section
1168	2095		3311.7 of this title.
1169		-
1170	2096		11. A duty is hereby imposed upon the district a ttorney who, on
1171	2097		behalf of the State of Oklahoma, prosecutes a person holding police
1172	2098		or peace officer or reserve peace officer certif ication for a
1173	2099		felony, a crime involving moral turpitude, or a crime of domestic
1174	2100		violence in which a plea of guilty, nolo con tendere, or an “Alford”
1175	2101		plea or any other plea other than a not guilty plea or other finding
1176	2102		of guilt is entered by, against or on b ehalf of a certified police
1177	2103		or peace officer to report such plea, ag reement, or other finding of
1178	2104		guilt to the Council on Law Enforcement Education and Training
1179	2105		within ten (10) days of such plea agreement or the finding of guilt.
1180	2106
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1181	2132		12. Any person or agency r equired or authorized to submit
1182	2133		information pursuant to this section to the Council shall be immune
1183	2134		from liability arising f rom the submission of the information as
1184	2135		long as the information was submitted in good faith and without
1185	2136		malice.
1186		-
1187	2137		13. Any peace officer employed by a law enforcement agency in
1188	2138		this state which has int ernal discipline policies and procedures on
1189	2139		file with CLEET shall be exempt from the disciplinary proceedings
1190	2140		and actions provided for in this subsection; provided, however, such
1191	2141		exemption shall not apply if the peace officer has been convicted of
1192	2142		a felony crime, a crime of moral turpitude, or a crime of domest ic
1193	2143		violence.
1194		-
1195	2144		14. All criminal proceedings initiated against a CLEET -
1196	2145		certified peace officer or reserve peace officer shall be repor ted
1197	2146		by the officer to CLEET immediately after arrest or discovery of the
1198	2147		filing of such criminal proceeding. All CLEET -certified peace
1199	2148		officers and reserve peace officers shall be required to report when
1200	2149		a Victim Protective Order victim protective order has been issued
1201	2150		against the officer including orders issued on an emergency basis
1202	2151		and all final orders of protection. Failure to give notice pursuant
1203	2152		to the provisions of this paragraph may be cause to initiate an
1204	2153		action against the officer by CLEET.
1205		-
1206	2154		15. As used in this subsecti on:
	2155	+
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1207	2180
1208	2181		a. “law enforcement agency ” means any department or
1209	2182		agency of the state, a county, a municipality, or
1210	2183		political subdivision thereof, with the duties to
1211		-	maintain public order, make arrests, and enforce the ~~ENR. H. B. NO. 2869 Page 28~~
	2184	+	maintain public order, make arrests, and enforce the
1212	2185		criminal laws of this state or municipal ordina nces,
1213	2186		which employs CLEET-certified personnel,
1214		-
1215	2187		b. “final order of termination” means a final notice of
1216	2188		dismissal from employment provided after all
1217	2189		grievance, arbitration, and court actions have been
1218	2190		completed, and
1219		-
1220	2191		c. “resignation while under investigation ” means the
1221	2192		resignation from employment of a peace officer who is
1222	2193		under investigation for any felony violation of law, a
1223	2194		crime of moral turpitude, a crime of domestic
1224	2195		violence, or the resignation from employment of a
1225	2196		peace officer as part of an arbitration or plea
1226	2197		agreement.
1227		-
1228	2198		K. 1. Every canine team in the state traine d to detect
1229	2199		controlled dangerous substances shall be certified, by test, in the
1230	2200		detection of such controlled dangerous substances and shall be
1231	2201		recertified annually so long as the canine is us ed for such
1232	2202		detection purposes. The certification test and annua l
1233	2203		recertification test provisions of this subsection shall not be
1234	2204		applicable to canines that are owned by a law enforcement agency and
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1235	2231		that are certified and annually recertified in the detec tion of
1236	2232		controlled dangerous substances by the United States Cust oms
1237	2233		Service. No employee of CLEET may be involved in the training or
1238	2234		testing of a canine team.
1239		-
1240	2235		2. The Council shall appoint a Drug Dog Advisory Council to
1241	2236		make recommendations concerning mi nimum standards, educational
1242	2237		needs, and other matters imperative to the certification of canines
1243	2238		and canine teams trained to detect controlled dangerous substances.
1244	2239		The Council shall promulgate rules based upon the recommendations of
1245	2240		the Advisory Council. Members of the Advisory Council shall
1246	2241		include, but need not be limited to, a commissioned officer with
1247	2242		practical knowledge of such canines and canine teams from each of
1248	2243		the following:
1249		-
1250	2244		a. the Oklahoma State Bureau of Narcotics and Dangerous
1251	2245		Drugs Control,
1252		-
1253	2246		b. the Department of Public Safety,
1254		-
1255	2247		c. a police department,
1256		-	ENR. H. B. NO. 2869 Page 29
1257	2248		d. a sheriff’s office, and
1258		-
1259	2249		e. a university or college campus police department.
1260		-
1261	2250		3. The fee for the certification test shall be Two Hundred
1262	2251		Dollars ($200.00) and the annual recertification test f ee shall be
1263	2252		One Hundred Dollars ($100.00) per canine team. A ret est fee of
1264	2253		Fifty Dollars ($50.00) will be charged if the team fails the test.
1265	2254		No such fee shall be charged to any local, state or federal
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1266	2281		government agency. The fees provided for in this pa ragraph shall be
1267	2282		deposited to the credit of the CLEET Fund create d pursuant to
1268	2283		Section 1313.2 of Title 20 of the Oklahoma Statutes.
1269		-
1270	2284		L. 1. Every canine team in the state trained to detect
1271	2285		explosives, explosive materials, explosive devices, and materials
1272	2286		which could be used to construct an explosive device shall be
1273	2287		certified, by test, in the detection of such explosives and
1274	2288		materials and shall be recertified annually so long as the canine is
1275	2289		used for such detection purposes. The certification test and annu al
1276	2290		recertification test provisions of this subsection shall not b e
1277	2291		applicable to canines that are owned by a law enforcement agency if
1278	2292		such canines are certified and annually recertified in the detection
1279	2293		of explosives and materials by the United States Dep artment of
1280	2294		Defense. No employee of CLEET may be involved in the training or
1281	2295		testing of a canine team.
1282		-
1283	2296		2. The Council shall appoint a Bomb Dog Advisory Council to
1284	2297		make recommendations concerning minimum standards, educational
1285	2298		needs, and other matters impe rative to the certification of canines
1286	2299		and canine teams trained t o detect explosives, explosive materials,
1287	2300		explosive devices and materials which could be used to construct an
1288	2301		explosive device. The Council shall promulgate rules based upon the
1289	2302		recommendations of the Advisory Council. Members of the Advisory
1290	2303		Council shall include, but need not be limited to, a commissioned
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1291	2330		officer with practical knowledge of such canines and canine teams
1292	2331		from each of the following:
1293		-
1294	2332		a. the Department of Public Safety,
1295		-
1296	2333		b. a police department,
1297		-
1298	2334		c. a sheriff’s office, and
1299		-
1300	2335		d. a university or college campus police department.
1301		-	ENR. H. B. NO. 2869 Page 30
1302	2336		3. The fee for the certification test shall be Two Hundred
1303	2337		Dollars ($200.00) and the annual recertification test fee shall be
1304	2338		One Hundred Dollars ($100.00) p er canine team. A retest fee of
1305	2339		Fifty Dollars ($50.00) will be c harged if the team fails the test.
1306	2340		No such fee shall be charged to any local, state or federal
1307	2341		government agency. The fees provided for in this paragraph shall be
1308	2342		deposited to the credit of the CLEET Fund created pursuant to
1309	2343		Section 1313.2 of Title 20 of the Oklahoma Statutes.
1310		-
1311	2344		M. All tribal police officers of any Indian tribe or nation who
1312	2345		have been commissioned by an Oklahoma law enforcement agency
1313	2346		pursuant to a cross-deputization agreemen t with the State of
1314	2347		Oklahoma or any political subdivision of the State of Oklahoma
1315	2348		pursuant to the provisions of Section 1221 of Title 74 of the
1316	2349		Oklahoma Statutes shall be eligible for peace officer certification
1317	2350		under the same terms and conditions require d of members of the law
1318	2351		enforcement agencies of the State of Oklahoma and its political
1319	2352		subdivisions. CLEET shall issue peace officer certification to
1320	2353		tribal police officers who, as of July 1, 2003, are commissioned by
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1321	2380		an Oklahoma law enforcement agency p ursuant to a cross-deputization
1322	2381		agreement with the State of Oklahoma or any political subdivision of
1323	2382		the State of Oklahoma pursuant to the provisions of Section 1221 of
1324	2383		Title 74 of the Oklahoma Statutes and have met the training and
1325	2384		qualification requireme nts of this section.
1326		-
1327	2385		N. If an employing law enforcement agency in t his state has
1328	2386		paid for CLEET training and the salary of a person while that person
1329	2387		is completing in this state a basic police course approved by the
1330	2388		Council and if within one (1) year afte r initial employment with the
1331	2389		original employing agency that person resigns and is hired by
1332	2390		another law enforcement agency in this state, the second agency or
1333	2391		the person receiving the training shall reimburse the original
1334	2392		employing agency for the cost of C LEET training and salary paid to
1335	2393		the person while completing the bas ic police course by the original
1336	2394		employing agency. If the person leaves the original employing
1337	2395		agency later than one (l) year, but less than two (2) years, after
1338	2396		the initial employment, t he second agency or the person r eceiving
1339	2397		the training shall reimburs e the original employing agency fifty
1340	2398		percent (50%) of the cost of CLEET training and salary paid to the
1341	2399		person while completing the basic police course by the original
1342	2400		employing agency. CLEET shall not be a party to an y court action
1343	2401		based on this provisi on.
1344		-	ENR. H. B. NO. 2869 Page 31
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1345	2428		O. The Council on Law Enforcement Education and Training, in
1346	2429		its discretion, may waive all or part of any moneys due to the
1347	2430		Council, if deemed uncollectable by the Council.
1348		-
1349	2431		P. Peace officers, reserve peace officers , tribal peace
1350	2432		officers, agencies, b ail enforcers, security guards and private
1351	2433		investigators shall maintain with the Council current mailing
1352	2434		addresses and shall notify the Council, in writing, of any change of
1353	2435		address or name. Notification of change of na me shall require
1354	2436		certified copies of any marriage license or other court document
1355	2437		which reflects the change of name. Notice of change of address or
1356	2438		telephone number must be made within ten (10) days of the effected
1357	2439		change. Notices shall not be accepted o ver the phone. In any
1358	2440		proceeding in which the Council is required to serve notice or an
1359	2441		order on an individual or an agency, the Council may send a letter
1360	2442		to the mailing address on file with the Council. If the letter is
1361	2443		returned and a notation of the U. S. Postal Service indicates
1362	2444		“unclaimed”, or “moved”, or “refused” or any other nondelivery
1363	2445		markings and the records of the Council indicate that no change of
1364	2446		address as required by this subsection has been received by the
1365	2447		Council, the notice and any subseq uent notices or orders shall be
1366	2448		deemed by the Court as having been legally served for all purposes.
1367		-
	2449	+	Q. All CLEET records of Bail Enforcers may be released only in
	2450	+	compliance with this section and the Oklahoma Bail Enforcement and
	2451	+	Licensing Act. All recor ds in CLEET possession concerning ot her
	2452	+
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	2478	+	persons or entities shall be released only in compliance with this
	2479	+	section and the Oklahoma Open Records Act.
	2480	+	SECTION 4. This act shall become effective November 1, 2023.”
	2481	+
	2482	+	Passed the Senate the 26th day of April, 2023.
	2483	+
	2484	+
	2485	+
	2486	+	Presiding Officer of the Senate
	2487	+
	2488	+
	2489	+	Passed the House of Representatives the ____ day of __________,
	2490	+	2023.
	2491	+
	2492	+
	2493	+
	2494	+	Presiding Officer of the House
	2495	+	of Representatives
	2496	+
	2497	+	ENGR. H. B. NO. 2869 Page 1 1
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	2522	+	ENGROSSED HOUSE
	2523	+	BILL NO. 2869 By: Wallace of the House
	2524	+
	2525	+	and
	2526	+
	2527	+	Weaver of the Senate
	2528	+
	2529	+
	2530	+
	2531	+
	2532	+	[ Council on Law Enforcement Education and Training –
	2533	+	powers - duties – authority – certification – terms
	2534	+	– effective date ]
	2535	+
	2536	+
	2537	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	2538	+	SECTION 5. AMENDATORY 70 O.S. 2021, Section 3311, is
	2539	+	amended to read as follows:
	2540	+	Section 3311. A. There is hereby created a Council on Law
	2541	+	Enforcement Education and Training which shall be, and is hereby
	2542	+	declared to be, a governmental law enforcement agency of the State
	2543	+	of Oklahoma, body politic and corporate, with powers of government
	2544	+	and with the authority to e xercise the rights, pr ivileges and
	2545	+	functions necessary to ensure the professional training and,
	2546	+	continuing education, and high moral and ethical character of law
	2547	+	enforcement officers in the State of Oklahoma. These r ights,
	2548	+	privileges and functions include , but are not limited to, those
	2549	+	specified in Sections 3311 through 3311.15 of this title and in the
	2550	+	Oklahoma Security Guard and Private Investigator Act and the
	2551	+	Oklahoma Bail Enforcement and Licen sing Act. The Counci l shall be
	2552	+
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	2578	+	authorized to require agency employees and the emp loyees of agency
	2579	+	contractors in positions to have access to Oklahoma Peace Offic er
	2580	+	records, Oklahoma Security Guard and Private Investigator records,
	2581	+	Oklahoma Bail Enforcemen t and Licensing Act r ecords, to be subject
	2582	+	to a criminal history search by the Okl ahoma State Bureau of
	2583	+	Investigation, as well as be fingerprinted for submission of the
	2584	+	fingerprints through the Oklahoma State Bureau of Investigation to
	2585	+	the Federal Bureau o f Investigation for a national criminal history
	2586	+	check. The Council shall be the r ecipient of the resul ts of the
	2587	+	record check. In accordance with Section 150.9 o f Title 74 of the
	2588	+	Oklahoma Statutes, this includes a national criminal record with a
	2589	+	finger print analysis. The Co uncil shall be composed of thirteen
	2590	+	(13) members as follows:
	2591	+	1. The Commissioner of the Department of Public Safety, or
	2592	+	designee;
	2593	+	2. The Director of the Oklahoma State Bureau of Narcotics and
	2594	+	Dangerous Drugs Control, or designee;
	2595	+	3. The Director of the Oklahoma State Bureau of Investigation,
	2596	+	or designee;
	2597	+	4. One member appointed by t he Governor who shall be a law
	2598	+	enforcement administrator re presenting a tribal law enforcement
	2599	+	agency;
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	2601	+	ENGR. H. B. NO. 2869 Page 3 1
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	2626	+	5. One member appointed by the Governor who shall be a chief of
	2627	+	police of a municipality with a population ov er one hundred thousan d
	2628	+	(100,000), as determined by the latest Federal Decennial Census;
	2629	+	6. One member appointed by the Board of Directors of the
	2630	+	Oklahoma Sheriffs' Association who shall be a she riff of a county
	2631	+	with a population under twenty -five thousand (25,000), as determi ned
	2632	+	by the latest Federal Decennial Census;
	2633	+	7. One member appointed by the Okla homa Association of Police
	2634	+	Chiefs who shall be a chief of police representing a municipality
	2635	+	with a population over ten thousand (10,000), as determined b y the
	2636	+	latest Federal Decennial Census;
	2637	+	8. One member shall be appointed by the Board of Directors of
	2638	+	the Oklahoma Sheriffs' Association who shall be a sheriff of a
	2639	+	county with a population of twe nty-five thousand (25,000) or more,
	2640	+	as determined by the lat est Federal Decennial Census;
	2641	+	9. One member appointed by the Board of Directors of the
	2642	+	Fraternal Order of Police who shall have experience as a training
	2643	+	officer;
	2644	+	10. One member appointed by the Chancellor of Higher Education
	2645	+	who shall be a representative of East Central Unive rsity;
	2646	+	11. One member appointed by the Board of Directors of the
	2647	+	Oklahoma Sheriffs and Peace Officers Association who shall be a
	2648	+	full-time law enforcement officer in good st anding with CLEET wit hin
	2649	+	a county with a population under fi fty thousand (50,000);
	2650	+
	2651	+	ENGR. H. B. NO. 2869 Page 4 1
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	2676	+	12. The President P ro Tempore of the Senate shall appoint one
	2677	+	member from a list of three or more nominees submitted by a
	2678	+	statewide organization representing cities and tow ns that is exempt
	2679	+	from taxation under federal law and design ated pursuant to the
	2680	+	provisions of the Inte rnal Revenue Code, 26 U.S.C., Section 170(a);
	2681	+	and
	2682	+	13. The Speaker of the House of Representatives shall appoint
	2683	+	one member from a list of three or more nominees submitted by an
	2684	+	organization that assists in the es tablishment of accredi tation
	2685	+	standards and training programs for law enforcement agencies
	2686	+	throughout the State of Oklahoma.
	2687	+	The Executive Director selected by the Council shall be an ex
	2688	+	officio member of the Council a nd shall act as Secretary. The
	2689	+	Council on Law Enforcement Ed ucation and Training shall select a
	2690	+	chair and vice-chair from among its members. Members of the Council
	2691	+	on Law Enforcement Education and Training shall not receive a salary
	2692	+	for duties performed as members of the Council, but shall be
	2693	+	reimbursed for their actual and necessary expenses incurred in the
	2694	+	performance of Council duties purs uant to the provisions of the
	2695	+	State Travel Reimbursement Act.
	2696	+	B. The Council on Law Enforceme nt Education and Trai ning is
	2697	+	hereby authorized and directed to:
	2698	+	1. Appoint a larger Advisory Council t o discuss problems and
	2699	+	hear recommendations concerning nece ssary research, minimum
	2700	+
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	2726	+	standards, educational needs, and other matters imperative to
	2727	+	upgrading Oklahoma law enforc ement to professional status;
	2728	+	2. Promulgate rules with respe ct to such matters as
	2729	+	certification, revocation, suspension, withdrawal and rein statement
	2730	+	of certification, minimum courses of study, testing and test scores,
	2731	+	attendance requirements, equipment a nd facilities, minimum
	2732	+	qualifications for instructors, minimu m standards for basic and
	2733	+	advanced in-service courses, and seminars for Oklahoma police and
	2734	+	peace officers;
	2735	+	3. Authorize research, basic and advanced courses, and seminars
	2736	+	to assist in program p lanning directly and through subcommitt ees;
	2737	+	4. Authorize additional staff and ser vices necessary for
	2738	+	program expansion;
	2739	+	5. Recommend legisl ation necessary to upgrade Oklahoma law
	2740	+	enforcement to professional status;
	2741	+	6. Establish policies and regulations concerning the number,
	2742	+	geographic and police unit distributio n, and admission requ irements
	2743	+	of those receiving tuition or scholarship aid avai lable through the
	2744	+	Council. Such waiver of costs shall be limited to duly appointed
	2745	+	members of legally constituted local, county, and state law
	2746	+	enforcement agencies on the basi s of educational and financial need;
	2747	+	7. Appoint an Executive Director and an As sistant Director to
	2748	+	direct the staff, inform the Council of compliance with the
	2749	+	provisions of this section and perf orm such other duties imposed on
	2750	+
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	2775	+
	2776	+	the Council by law. An Exec utive Director appoin ted by the Council
	2777	+	must qualify for the position with a bac helor or higher degree in
	2778	+	law enforcement from an accredited college or university, or a
	2779	+	bachelor or higher degree in a law-enforcement-related subject area,
	2780	+	and a minimum of five (5) years of acti ve law enforcement experience
	2781	+	including, but not limited to , responsibility for enforcement,
	2782	+	investigation, administration, training, or curriculum
	2783	+	implementation.
	2784	+	The Executive Director of the Council on Law Enfo rcement
	2785	+	Education and Training may commissi on CLEET staff as peace officers
	2786	+	for purposes consistent wi th the duties of CLEET as set out in state
	2787	+	law. The powers and duties conferred on the Execut ive Director or
	2788	+	any staff member appointed by the Executive Director as a peace
	2789	+	officer shall not limit the powers and duties of other peace
	2790	+	officers of this stat e or any political subdivision thereof. The
	2791	+	Executive Director or any staff member appointed by the Executive
	2792	+	Director as a peace officer may, upon reque st, assist any federal ,
	2793	+	state, county or municipal law enforcement agency;
	2794	+	8. Enter into contracts an d agreements for the payment of
	2795	+	classroom space, food, and lodging expenses as may be necessar y for
	2796	+	law enforcement officers attending any official course of
	2797	+	instruction approved or conducted by th e Council. Such expenses may
	2798	+	be paid directly to the contr acting agency or business
	2799	+	establishment. The food and lodging expenses for each law
	2800	+
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	2826	+	enforcement officer shall not exceed the authorized rates as
	2827	+	provided for in the State Trav el Reimbursement Act; provided,
	2828	+	however, the Council may provide food and lodgin g to law enforcement
	2829	+	officials attending any official course of instruction approved or
	2830	+	conducted by the Council ra ther than paying for the provision of
	2831	+	such food and lodging b y an outside contract ing agency or business
	2832	+	establishment;
	2833	+	9. a. Certify canine teams, consisting of a dog and a
	2834	+	handler working together as a team, trained to detect:
	2835	+	(1) controlled dangerous su bstances, or
	2836	+	(2) explosives, explosive materials, explosive
	2837	+	devices, or materials which could be used to
	2838	+	construct an explosive device;
	2839	+	provided, the dog of a certified canine team shall not
	2840	+	be certified at any time as both a drug dog and a bomb
	2841	+	dog, and any dog of a certified canine team who h as
	2842	+	been previously certified as either a dr ug dog or a
	2843	+	bomb dog shall not be eligible at any time to b e
	2844	+	certified in the other category.
	2845	+	b. Upon retiring the dog from the service it was
	2846	+	certified to perform, the law e nforcement department
	2847	+	that handled the dog shall retain posse ssion of the
	2848	+	dog. The handler shall have first option of adopting
	2849	+	the dog. If that option is not exercised, the law
	2850	+
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	2876	+	enforcement department shall provide for its adoption.
	2877	+	Once adopted the dog shall not be placed back into
	2878	+	active service;
	2879	+	10. Enter into a lease, loan or oth er agreement with the
	2880	+	Oklahoma Development Finance Authorit y or a local public trust for
	2881	+	the purpose of facilitating the financing of a new facility for its
	2882	+	operations and use and pledge, to the extent authorized by law, all
	2883	+	or a portion of its receipts of the assessment penalty herein
	2884	+	referenced for the payment o f its obligations under such lease, loan
	2885	+	or other agreement. It is the intent of the Legislat ure to increase
	2886	+	the assessment penalty to such a level or ap propriate sufficient
	2887	+	monies to the Council on Law Enforcement Education and Training to
	2888	+	make payments on the lease, loan or other agreement for the purpose
	2889	+	of retiring the bonds to be issued by th e Oklahoma Developmen t
	2890	+	Finance Authority or local public tru st. Such lease, loan or other
	2891	+	agreement and the bonds issued to finance such facilities shall not
	2892	+	constitute an indebtedness of the State of Oklahoma or be backed by
	2893	+	the full faith and credit of the State of Oklahoma , and the lease,
	2894	+	loan or other agreemen t and the bonds shall contain a statement t o
	2895	+	such effect;
	2896	+	11. Accept gifts, bequests, devises, contri butions and grants,
	2897	+	public or private, of real or personal property;
	2898	+	12. Appoint an advisory committee composed of representatives
	2899	+	from security guard an d private investigativ e agencies to advise the
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	2926	+	Council concerning necessary research, minimum standard s for
	2927	+	licensure, education, and other matters related to licensure of
	2928	+	security guards, securit y guard agencies, pri vate investigators, and
	2929	+	private investigative agencies;
	2930	+	13. Enter into agreements with individuals, educational
	2931	+	institutions, agencies, and business and tribal entities for
	2932	+	professional services, the use of facilities and supplies, an d staff
	2933	+	overtime costs incurred as a result of the user 's requests to
	2934	+	schedule functions after-hours, on weekends, or anytime such
	2935	+	requests extend staff beyond it s normal capacity, whereby
	2936	+	contracting individuals, educational institutions, agencies, and
	2937	+	business and tribal ent ities shall pay a fee to be determined by the
	2938	+	Council by rule. All fees collected pursuant to facilities usage
	2939	+	shall be deposited to the cre dit of the C.L.E.E.T. Training Center
	2940	+	Revolving Fund created pursuant to Section 3311.6 of thi s title.
	2941	+	All other fees collected pursuant to these agreeme nts shall be
	2942	+	deposited to the credit of the Peace Officer Revolving Fund created
	2943	+	pursuant to Section 3 311.7 of this title. The Council is authorized
	2944	+	to promulgate emergency rules to effectuate th e provisions of this
	2945	+	paragraph;
	2946	+	14. Promulgate rules to est ablish a state firearm s
	2947	+	requalification standard for active peace officers and meet any
	2948	+	requirements imposed on the Council by the federal Law Enforcement
	2949	+	Officers Safety Act of 2004;
	2950	+
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	2976	+	15. Set minimal criteria relatin g to qualifications for chief
	2977	+	of police administrative traini ng pursuant to Sectio n 34-102 of
	2978	+	Title 11 of the Oklahoma Statutes, assist in de veloping a course of
	2979	+	training for a Police Chief Administrative School, and approve all
	2980	+	police chief administrative training offered in this state;
	2981	+	16. Appoint a Curriculum Re view Board to be comp osed of six (6)
	2982	+	members as follows:
	2983	+	a. one member shall be selected by the Chancellor for
	2984	+	Higher Education, who possesses a background of
	2985	+	creation and review of curriculum an d experience
	2986	+	teaching criminal justice or law enforcement cou rses,
	2987	+	who shall serve an initial term of one (1) year,
	2988	+	b. one member shall repre sent a municipal jurisdiction
	2989	+	with a population of fifty thousand (50,000) or more
	2990	+	and who shall be a management-level CLEET-certified
	2991	+	training officer, who shall serve an init ial term of
	2992	+	two (2) years,
	2993	+	c. one member shall represent a county jurisdiction w ith
	2994	+	a population of fifty thousand (50,000) or more and
	2995	+	who shall be a management -level CLEET-certified
	2996	+	training officer, who shall serve an initial term of
	2997	+	three (3) years,
	2998	+	d. one member shall rep resent a municipal jurisdiction
	2999	+	with a population of less t han fifty thousand (50,000)
	3000	+
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	3026	+	and who shall be a CLEET -certified training officer,
	3027	+	who shall serve an initial term of two (2) years,
	3028	+	e. one member shall rep resent a county jurisd iction with
	3029	+	a population of less than fifty thousand (50,000) and
	3030	+	who shall be a CLEET-certified training officer, who
	3031	+	shall serve an initial term of one (1) year, and
	3032	+	f. one member selected by t he Oklahoma Department of
	3033	+	Career and Technology, who shall ha ve experience in
	3034	+	the creation and review of curriculum as well as
	3035	+	experience in teaching criminal justice or law
	3036	+	enforcement courses, who shall serve an initial term
	3037	+	of three (3) years.
	3038	+	After the initial terms of office, all members s hall be
	3039	+	appointed to serve three-year terms. Any member may be reappointed
	3040	+	to serve consecutive terms . Members shall serve without
	3041	+	compensation, but may be reimbursed for travel expenses pursuan t to
	3042	+	the State Travel Reimbursement Act. The Board shall re view and
	3043	+	establish curriculum for all CLEET academies and training courses
	3044	+	pursuant to procedures esta blished by the Council on Law Enforcement
	3045	+	Education and Training;
	3046	+	17. Conduct review and veri fication of any recor ds relating to
	3047	+	the statutory duties of CLEET;
	3048	+	18. Receive requested reports inclu ding investigative reports,
	3049	+	court documents, statements, or other applicable information from
	3050	+
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	3075	+
	3076	+	local, county and state agencies and other agencies for use in
	3077	+	actions where a certification or license issued by CLEET may be
	3078	+	subject to disciplinary or other ac tions provided by law;
	3079	+	19. Summarily suspend a certificati on of a peace officer,
	3080	+	without prior notice but otherwise subject to administrative
	3081	+	proceedings, if CLEET finds tha t the actions of the certified peace
	3082	+	officer may present a da nger to the peace off icer, the public, a
	3083	+	family or household member, or involve a crime against a minor ,
	3084	+	result in termination from em ployment for violation of municipal
	3085	+	policy, state or federal law regarding use of force, or a finding of
	3086	+	untruthfulness in the exercise of off icial duties by a federal,
	3087	+	state, or municipal judge . A certified copy of the information or
	3088	+	indictment charging such a crime , or documentation showing final
	3089	+	determination of termination fr om the employing agency , shall be
	3090	+	considered clear and convincing evidence of the charge; and
	3091	+	20. Approve law enforcement age ncies and police departments in
	3092	+	accordance with the following:
	3093	+	a. this section applies only to an entity authorized by
	3094	+	statute or by the Constitution to c reate a law
	3095	+	enforcement agency or police d epartment and
	3096	+	commission, appoint, or employ officers that f irst
	3097	+	creates or reactivates an inactive law enforcement
	3098	+	agency or police department and first begins to
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	3125	+	commission, appoint, or em ploy officers on or afte r
	3126	+	November 1, 2011,
	3127	+	b. the entity shall submit to CLEET, a minimum of sixty
	3128	+	(60) days prior to creatio n of the law enforcement
	3129	+	agency or police department, information reg arding:
	3130	+	(1) the need for the law enforcement agency or police
	3131	+	department in the commu nity,
	3132	+	(2) the funding sources for the law enforcement
	3133	+	agency or police department, and proof that no
	3134	+	more than fifty percent (50%) of the funding of
	3135	+	the entity will be der ived from ticket revenue or
	3136	+	fines,
	3137	+	(3) the physical resources available to officers,
	3138	+	(4) the physical facilities that the law e nforcement
	3139	+	agency or police department will operate
	3140	+	including descriptions of the evidence room,
	3141	+	dispatch area, restroom faciliti es, and public
	3142	+	area,
	3143	+	(5) law enforcement policies of the law enforcement
	3144	+	agency or police department including published
	3145	+	policies on:
	3146	+	(a) use of force,
	3147	+	(b) vehicle pursuit,
	3148	+	(c) mental health,
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	3175	+	(d) professional conduct of officers,
	3176	+	(e) domestic abuse,
	3177	+	(f) response to missing persons,
	3178	+	(g) supervision of part-time officers, and
	3179	+	(h) impartial policing,
	3180	+	(6) the administrative structure of the law
	3181	+	enforcement agency or police department,
	3182	+	(7) liability insurance, and
	3183	+	(8) any other information CLEET requires by rule ,
	3184	+	c. within sixty (60) days of receiving an entity 's
	3185	+	request, CLEET will forward to t he entity by certified
	3186	+	mail, return receipt requested, a letter of
	3187	+	authorization or denial to create a law enforcement
	3188	+	agency or police department and commission, appoint,
	3189	+	or employ officers, signed by the Executive Director
	3190	+	of CLEET, and
	3191	+	d. in cases of denial, the entity may appeal the decision
	3192	+	of the Executive Director to the full CLEET Council.
	3193	+	The Executive Director shall ensure that the final
	3194	+	report is provided to all members of the Council. The
	3195	+	Council shall review and make r ecommendations
	3196	+	concerning the report at the first meeting of the
	3197	+	Council to occur after all members of the Council have
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	3223	+
	3224	+	received the report. The Council may, by majority
	3225	+	vote:
	3226	+	(1) order additional information be provided,
	3227	+	(2) order confirmation of the opi nion of the
	3228	+	Executive Director, or
	3229	+	(3) order authorization of the entity.
	3230	+	C. 1. Payment of any fee provided for in this sect ion may be
	3231	+	made by a nationally recognized credit or debit card issue d to the
	3232	+	applicant. The Council may publicly post and collec t a fee for the
	3233	+	acceptance of the nationally recognized credit or debit card not to
	3234	+	exceed five percent (5%) of the amount of the payment. For purposes
	3235	+	of this subsection, "nationally recognized credit card" means any
	3236	+	instrument or device, whether known a s a credit card, credit plate,
	3237	+	charge plate, or by any other name, issued with or without fee by an
	3238	+	issuer for the use of the cardholder in obtaining goods, services,
	3239	+	or anything else of value an d which is accepted by over one thousand
	3240	+	merchants in this st ate. "Debit card" means an identification card
	3241	+	or device issued to a person by a business organization which
	3242	+	permits such person to obtain access to or activate a consumer
	3243	+	banking electronic fac ility. The Council shall determine which
	3244	+	nationally recognized credit or debit cards will be accepted as
	3245	+	payment for fees.
	3246	+	2. Payment for any fee provided for in this title may be made
	3247	+	by a business check. The Council may:
	3248	+
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	3274	+	a. add an amount equal to the amount of the service
	3275	+	charge incurred, not to exceed three pe rcent (3%) of
	3276	+	the amount of the check as a service charge for the
	3277	+	acceptance and verification of the check, or
	3278	+	b. add an amount of no more than Five Dollars ($5.00) as
	3279	+	a service charge for the ac ceptance and verification
	3280	+	of a check. For purposes of this s ubsection,
	3281	+	"business check" shall not mean a money order,
	3282	+	cashier's check, or bank certified check.
	3283	+	D. Failure of the Legisla ture to appropriate necessary funds to
	3284	+	provide for expenses and opera tions of the Council on Law
	3285	+	Enforcement Education and Trainin g shall not invalidate o ther
	3286	+	provisions of this section relating t o the creation and duties of
	3287	+	the Council.
	3288	+	E. 1. No person shall be eligible for employment as a peace
	3289	+	officer or reserve peace officer until the employing law enforcement
	3290	+	agency has conducted a background investi gation of such person
	3291	+	consisting of the fo llowing:
	3292	+	a. a fingerprint search submitted to the Oklahoma S tate
	3293	+	Bureau of Investigation with a return report to the
	3294	+	submitting agency that such person has no felony
	3295	+	record,
	3296	+	b. a fingerprint search submitted to the Federal Bureau
	3297	+	of Investigation with a re turn report to the
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	3323	+
	3324	+	submitting agency that such person has no felony
	3325	+	record,
	3326	+	c. such person has undergone psychological evaluation by
	3327	+	a psychologist licensed by the State of Oklahoma and
	3328	+	has been evaluated to be sui table to serve as a peace
	3329	+	officer in the State of Oklahoma,
	3330	+	d. the employing agency has verified that such person has
	3331	+	a high school diploma or a GED equivalency certificat e
	3332	+	as recognized by state law,
	3333	+	e. such person is not participa ting in a deferred
	3334	+	sentence agreement for a felony, a crime involv ing
	3335	+	moral turpitude or a crime of domestic violence, and
	3336	+	does not have any criminal charges pending in any
	3337	+	court in this state, a nother state, in tribal court or
	3338	+	pursuant to the United State s Code,
	3339	+	f. such person is not currently subject to an order of
	3340	+	the Council revoking, suspending, or accepting a
	3341	+	voluntary surrender of peace officer certification,
	3342	+	g. such person is not currently undergoing treatment for
	3343	+	a mental illness, condition or diso rder. For purposes
	3344	+	of this subsection, "currently undergoing trea tment
	3345	+	for mental illness, condition or disorder " means the
	3346	+	person has been diagnosed by a licensed physician,
	3347	+	psychologist, or licensed mental health professional
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	3374	+	as being afflicted with a s ubstantial disorder of
	3375	+	thought, mood, perception, psychological or ientation
	3376	+	or memory that significantly impairs judgment,
	3377	+	behavior, capacity to recognize reality, or ability to
	3378	+	meet the ordinary demands of life and such condition
	3379	+	continues to exist,
	3380	+	h. such person is twenty-one (21) years of age.
	3381	+	Provided, this require ment shall not affect those
	3382	+	persons who are already employed as a police or peace
	3383	+	officer prior to November 1, 1985, and
	3384	+	i. such person has provided proof of United States
	3385	+	citizenship or resident alien status, purs uant to an
	3386	+	employment eligibility verifica tion form from the
	3387	+	United States Citizenship and Immigration Services.
	3388	+	2. To aid the evaluating psychologist in interpreting the test
	3389	+	results including automated scoring and interpretations , the
	3390	+	employing agency shall provide the psychologist a statement
	3391	+	confirming the identity of the individual taking the test as the
	3392	+	person who is employed or seeking employment as a peace officer of
	3393	+	the agency and attesting that it administered the psycholo gical
	3394	+	instrument in accordance with standards within the test docu ment.
	3395	+	The psychologist shall report to the employing agency the evaluation
	3396	+	of the assessment instrument and may include any addi tional
	3397	+	recommendations to assist the employing agency in dete rmining
	3398	+
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	3424	+	whether to certify to the Council on Law Enforcement Educa tion and
	3425	+	Training that the person being evaluated is suitabl e to serve as a
	3426	+	peace officer in the State of Oklahoma. No additiona l procedures or
	3427	+	requirements shall be imposed for performance of the psychological
	3428	+	evaluation. The psychological instrument ut ilized shall be
	3429	+	evaluated by a psychologist licensed by the State of Oklahoma, and
	3430	+	the employing agency shall certify to the Coun cil that the
	3431	+	evaluation was conducted in accordance with this provision and that
	3432	+	the employee or applicant is suitable to serve as a peace officer in
	3433	+	the State of Oklahoma.
	3434	+	a. Any person found not to be suitable for employment or
	3435	+	certification by the Counc il shall not be employed,
	3436	+	retained in employment as a peace o fficer, or
	3437	+	certified by the Council for at least one (1) year, at
	3438	+	which time the employee or applicant may be
	3439	+	reevaluated by a psychologist licensed by the State of
	3440	+	Oklahoma. This section shall also be applicable to
	3441	+	all reserve peace officers in the State of Oklahoma.
	3442	+	b. Any person who is certified by CLEET and has unde rgone
	3443	+	the psychological evaluation required by this
	3444	+	subparagraph and has been found to be suitable as a
	3445	+	peace officer shall not b e required to be reevaluated
	3446	+	for any subsequent employment as a peace officer
	3447	+	following retirement or any break in service as a
	3448	+
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	3474	+	peace officer, unless such break in service exceeds
	3475	+	five (5) years or the Council determines that a peace
	3476	+	officer may present a danger to himself or herself,
	3477	+	the public, or a family or hous ehold member.
	3478	+	c. All persons seeking certification shall have thei r
	3479	+	name, gender, date of birth, and address of such
	3480	+	person submitted to the Department of Mental Health
	3481	+	and Substance Abuse Servic es by the Council. The
	3482	+	Department of Mental Health and Subst ance Abuse
	3483	+	Services shall respond to the Council within ten (10)
	3484	+	days whether the computerized records of the
	3485	+	Department indicate the applicant has ever been
	3486	+	involuntarily committed to an Oklahom a state mental
	3487	+	institution. In the event that the Department of
	3488	+	Mental Health and Su bstance Abuse Services reports to
	3489	+	the Council that the applicant has been involuntarily
	3490	+	committed, the Council shall immediately inform the
	3491	+	employing agency.
	3492	+	All basic police courses shall include a minimum of four (4)
	3493	+	hours of education and training in re cognizing and managing a person
	3494	+	appearing to require mental health treatment or services. The
	3495	+	training shall include training in crime and drug prevention, crisis
	3496	+	intervention, youth and family intervention techniques, recognizing,
	3497	+	investigating and preve nting abuse and exploitation of elderly
	3498	+
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	3524	+	persons, mental health issues, and criminal jurisdiction on
	3525	+	Sovereign Indian Land.
	3526	+	Subject to the availability of funding, for full -time salaried
	3527	+	police or peace officers a basic police course academy shall consist
	3528	+	of a minimum of six hundred (600) hours.
	3529	+	For reserve deputies a basic reserve academy shall consist of a
	3530	+	minimum of two hundred forty (240) hours.
	3531	+	3. Beginning January 1, 2018, any reserve peace officer who has
	3532	+	completed the two-hundred-forty-hour reserve peace officer
	3533	+	certification program and wh o has been in active service in that
	3534	+	capacity for the past s ix (6) months shall be eligible to attend a
	3535	+	three-hundred-sixty-hour basic full-time training academy to become
	3536	+	certified as a full-time peace or police o fficer.
	3537	+	4. Every person who has not been certified as a police or peace
	3538	+	officer and is duly appointed or elected as a police or peace
	3539	+	officer shall hold such position on a temporary basis only, and
	3540	+	shall, within six (6) months from the date of appointment or taking
	3541	+	office, qualify as required in this subsection or forfeit such
	3542	+	position. In computing the time for qualification, all service
	3543	+	shall be cumulative from date of first appointment or taking office
	3544	+	as a police or peace offic er with any department i n this state.
	3545	+	a. The Council may extend th e time requirement specified
	3546	+	in this paragraph for good caus e as determined by the
	3547	+	Council.
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	3574	+	b. A duty is hereby imposed upon the employing agency to
	3575	+	withhold payment of the compensation or w age of such
	3576	+	unqualified officer.
	3577	+	c. If the police or peace officer fails to forfeit the
	3578	+	position or the employing agency fails to require the
	3579	+	officer to forfeit the position, the district attorne y
	3580	+	shall file the proper action to cause the forfeiting
	3581	+	of such position. The distric t court of the county
	3582	+	where the officer is employed shall have jurisdiction
	3583	+	to hear the case.
	3584	+	5. The Council may certify officers who have completed a course
	3585	+	of study in another state deemed by the Council to meet standards
	3586	+	for Oklahoma peace officers pro viding the officer's certification in
	3587	+	the other state has not been revoked or voluntarily surrendered and
	3588	+	is not currently under suspension.
	3589	+	6. For purposes of this secti on, a police or peace officer is
	3590	+	defined as a full-time duly appointed or elected off icer who is paid
	3591	+	for working more than twe nty-five (25) hours per week and whose
	3592	+	duties are to preserv e the public peace, protect life and property,
	3593	+	prevent crime, serve w arrants, transport prisoners, and enforce laws
	3594	+	and ordinances of this state, or any p olitical subdivision thereof;
	3595	+	provided, elected sheriffs and their deputies and elected,
	3596	+	appointed, or acting chiefs of police shall meet the requirements of
	3597	+	this subsection within the first six (6) months after assuming the
	3598	+
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	3624	+	duties of the office to which t hey are elected or appointed or for
	3625	+	which they are an acting chief; provided further, that this sectio n
	3626	+	shall not apply to persons designated by the Director of the
	3627	+	Department of Corrections as peace officers pursuant to Section 510
	3628	+	of Title 57 of the Okla homa Statutes.
	3629	+	F. No person shall be cert ified as a police or peace officer by
	3630	+	the Council or be empl oyed by the state, a county, a city, or any
	3631	+	political subdivision the reof, who is currently subject to an order
	3632	+	of the Council revoking, suspending, or ac cepting a voluntary
	3633	+	surrender of peace off icer certification or who has been convicted
	3634	+	of a felony, a crime involving moral turpitude, or a crime of
	3635	+	domestic violence, unl ess a full pardon has been granted by the
	3636	+	proper agency; however, any person who has been trained and
	3637	+	certified by the Council on Law Enforcement Education and Training
	3638	+	and is actively employed as a full-time peace officer as of November
	3639	+	1, 1985, shall not be subject to the provisions of this subsection
	3640	+	for convictions occurring prior to N ovember 1, 1985.
	3641	+	G. 1. The Council is he reby authorized to provide to any
	3642	+	employing agency the follo wing information regarding a person who is
	3643	+	or has applied for employm ent as a police or peace officer of such
	3644	+	employing agency:
	3645	+	a. Oklahoma State Bureau o f Investigation and Federal
	3646	+	Bureau of Investigation reports,
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	3673	+	b. administration of the psychological te sts provided for
	3674	+	herein,
	3675	+	c. performance in the course of study or oth er basis of
	3676	+	certification,
	3677	+	d. previous certifications issued, and
	3678	+	e. any administrative or judicial determination denying
	3679	+	certification.
	3680	+	2. An employing agency shall not be liable in any action
	3681	+	arising out of the release of contents of personnel informati on
	3682	+	relevant to the qualifications or ability of a person to p erform the
	3683	+	duties of a police or peace officer when such informati on is
	3684	+	released pursuant to written authorization for release of
	3685	+	information signed by such person and is provided to another
	3686	+	employing agency which has employed or has received an applicatio n
	3687	+	for employment from su ch person.
	3688	+	3. As used in this subsection, "employing agency" means a
	3689	+	political subdivision or law enf orcement agency which either has
	3690	+	employed or received an employment a pplication from a person who, if
	3691	+	employed, would be subject t o this section.
	3692	+	H. 1. A law enforcement agency employing police or peace
	3693	+	officers in this state shall report the hiring, res ignation, or
	3694	+	termination for any reason of a police or peace officer to the
	3695	+	Council within ten (10) days. Failure to comply with the provisions
	3696	+	of this subsection may disqualify a law enforcement agency from
	3697	+
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	3723	+	participating in training programs sponsored by the Council. Every
	3724	+	law enforcement agency employing police or peace officers in this
	3725	+	state shall submit to CLEET on or before Oc tober 1 of each calendar
	3726	+	year a complete list of all commissioned employees with a current
	3727	+	mailing address and phone number fo r each such employee. In
	3728	+	addition to the above, CLEET may impose an administrative fine for
	3729	+	violations of this section.
	3730	+	2. A tribal law enforcement agen cy that has peace officers
	3731	+	commissioned by an Oklahoma law enforcement agency pursuant to a
	3732	+	cross-deputization agreement with the State of Oklahoma or any
	3733	+	political subdivision of the State of Oklahoma pursuant to the
	3734	+	provisions of Section 1221 of Title 74 of the Oklahoma Statutes
	3735	+	shall report the commissioning, resignation, or termination of
	3736	+	commission for any reason of a cross -deputized tribal police or
	3737	+	peace officer to CLEET within ten (10) days of the commissioning,
	3738	+	resignation, or termination. Failure to comply with the provisions
	3739	+	of this subsection may disqualify a tribal law enforcement agency
	3740	+	from participating in training programs sponsored by the Council.
	3741	+	I. It is unlawful for any person to willfully make any
	3742	+	statement in an application to CLEET knowing the statement is false
	3743	+	or intentionally commit fraud in any application to the Council for
	3744	+	attendance in any CLEET-conducted or CLEET-approved peace officer
	3745	+	academy or Collegiate Officer Program or for the purpose of
	3746	+	obtaining peace officer certifi cation or reinstatement. It is
	3747	+
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	3772	+
	3773	+	unlawful for any person to willfully submit false or fraudulent
	3774	+	documents relating to continuing education rosters, transcripts or
	3775	+	certificates, or any canine license application. Any person
	3776	+	convicted of a violation of this subsection shall be guilty of a
	3777	+	felony punishable by imprisonment in the Department of Corrections
	3778	+	for a term of not less than two (2) years nor more than five (5)
	3779	+	years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
	3780	+	or by both such fine an d imprisonment. In addition to the above,
	3781	+	CLEET may impose an administrative fine.
	3782	+	J. 1. A police or peace officer shall be subject to
	3783	+	disciplinary action to include a denial, suspension, revocation or
	3784	+	acceptance of voluntary sur render of peace officer certification
	3785	+	upon a showing of clear and convincing evidence for the following:
	3786	+	a. conviction of a felony or a crime of domestic
	3787	+	violence,
	3788	+	b. conviction of a misdemeanor involving moral turpitude;
	3789	+	provided, if the conviction is a s ingle isolated
	3790	+	incident that occurred more than five (5) years ago
	3791	+	and the Council is satisfied that the person has been
	3792	+	sufficiently rehabilitated, the Council may, in its
	3793	+	discretion, certify su ch person providing that all
	3794	+	other statutory requirements hav e been met,
	3795	+	c. a verdict of guilt or entry of a plea of guilty or
	3796	+	nolo contendere or an "Alford" plea or any plea other
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	3823	+	than a not guilty plea for a felony offense, a crime
	3824	+	of moral turpitude, or a crime of domestic violence,
	3825	+	d. falsification or a willful misrepresentation of
	3826	+	information in an employment application or
	3827	+	application to the Council on Law Enforcement
	3828	+	Education and Training, records of evidence, or in
	3829	+	testimony under oath,
	3830	+	e. revocation or voluntary surrender of police or peace
	3831	+	officer certification in another state f or a violation
	3832	+	of any law or rule or in se ttlement of any
	3833	+	disciplinary action in such state,
	3834	+	f. involuntary commitment of a reserve or peace officer
	3835	+	in a mental institutio n or licensed private mental
	3836	+	health facility for any mental i llness, condition or
	3837	+	disorder that is diagnosed by a licensed phys ician,
	3838	+	psychologist or a licensed mental health professional
	3839	+	as a substantial disorder of thought, mood,
	3840	+	perception, psychologica l orientation, or memory that
	3841	+	significantly impairs judgment, behavior, capacity to
	3842	+	recognize reality, or ability to meet the o rdinary
	3843	+	demands of life. Provided, the peace officer
	3844	+	certification may be reinstated upon the Council
	3845	+	receiving notification of a psychological evaluation
	3846	+	conducted by a licensed physician, psychologist or
	3847	+
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	3873	+	licensed mental health professional which attests and
	3874	+	states by affidavit that the officer and the
	3875	+	evaluation test data of the officer have been examined
	3876	+	and that, in the profess ional opinion of the
	3877	+	physician, psychologist or licensed ment al health
	3878	+	professional, the officer is psychologically suitable
	3879	+	to return to duty as a peace officer. Notwithstanding
	3880	+	any other provision of state law pertaining to
	3881	+	confidentiality of hospital o r other medical records,
	3882	+	and as allowable under federal law, CLEET may subpoena
	3883	+	or request a court to subpoena records necessar y to
	3884	+	assure compliance with these provisions. Any
	3885	+	confidential information received by CLEET for such
	3886	+	purpose shall retain its c onfidential character while
	3887	+	in the possession of CLEET,
	3888	+	g. abuse of office,
	3889	+	h. entry of a final order of protection against app licant
	3890	+	or officer, or
	3891	+	i. any violation of the Oklahoma Priva te Security
	3892	+	Licensing Act,
	3893	+	j. termination from an emp loying agency for violation of
	3894	+	municipal policy or state or federal laws rega rding
	3895	+	use of force, or
	3896	+
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	3922	+	k. a finding of untruthfulness in the exerc ise of
	3923	+	official duties by a preponderance of evidence by a
	3924	+	state, federal, or municipal judge .
	3925	+	2. Disciplinary proceedings shall be comm enced by filing a
	3926	+	complaint with the Council on a form approv ed by the Council. Any
	3927	+	employing agency or other person having information may submit such
	3928	+	information to the Council for consideration as provided in this
	3929	+	subsection.
	3930	+	3. Upon the filing of the complaint, a preliminary
	3931	+	investigation shall be conducted to determine whether:
	3932	+	a. there is reason to believe the person has violated any
	3933	+	provision of this subsection or any othe r provision of
	3934	+	law or rule, or
	3935	+	b. there is reason to believe the person has b een
	3936	+	convicted of a felony, a crime involving moral
	3937	+	turpitude or a domestic violence offense or is
	3938	+	currently participating in a deferred sentence for
	3939	+	such offenses.
	3940	+	4. When the investigation of a complaint does not find the
	3941	+	person has violated any of the p rovisions of this subsection, or
	3942	+	finds that the person is suf ficiently rehabilitated as provided in
	3943	+	subparagraph b or f of paragraph 1 of this subsection, no
	3944	+	disciplinary action s hall be required and the person shall remain
	3945	+	certified as a police or peace o fficer. When the investigation of a
	3946	+
	3947	+	ENGR. H. B. NO. 2869 Page 30 1
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	3971	+
	3972	+	complaint finds that the person has violated any of the provisions
	3973	+	of this subsection, the matter shall be referred for disciplinary
	3974	+	proceedings. The disciplinary proceedings shall be in accordance
	3975	+	with Articles I and II of the Administrative Procedures Act.
	3976	+	5. The Council shal l revoke or suspend the certification of any
	3977	+	person upon determining that such person has been convicted of a
	3978	+	felony or a crime involving moral turpitude or a domestic violence
	3979	+	offense or has entered a plea of guilty, or nolo contendere or an
	3980	+	"Alford" plea or any plea other than a not guilty plea for a felony
	3981	+	offense, a crime of moral turpitude or a crime of domestic viol ence
	3982	+	or is the respondent in a final Victims Protective Order; provided,
	3983	+	that if the conviction has been reversed, vacated or otherwise
	3984	+	invalidated by an appellate court, such conviction shall not be the
	3985	+	basis for revocation of certification; provided furt her, that any
	3986	+	person who has been trained and certified by the Council on Law
	3987	+	Enforcement Education and Training and is actively employed as a
	3988	+	full-time peace officer as of November 1, 1985, shall not be subject
	3989	+	to the provisions of this subsection for con victions occurring prior
	3990	+	to November 1, 1985. The sole issue to be determined at the he aring
	3991	+	shall be whether the person has been convicted of a fel ony, a crime
	3992	+	involving moral turpitude or a domestic violence offense or is the
	3993	+	named respondent/defendant in a final Victims Protective Order.
	3994	+	6. The Council shall revoke or suspend the certification of a ny
	3995	+	person upon determining that such person has:
	3996	+
	3997	+	ENGR. H. B. NO. 2869 Page 31 1
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	4022	+	a. received a deferred sentence for a felony, a crime
	4023	+	involving moral turpitude or a domestic violence
	4024	+	offense, or
	4025	+	b. been terminated from employment for a violation of
	4026	+	municipal policy, federal, state , or municipal laws
	4027	+	regarding use of force, moral turpitude, or has been
	4028	+	found by a federal, state, or municipal judge to be
	4029	+	untruthful in the exercise of offic ial duties.
	4030	+	7. The Council may suspend the certification of any person upon
	4031	+	a determination that such person has been involuntarily comm itted to
	4032	+	a mental institution or mental health facility fo r a mental illness,
	4033	+	condition or disorder as p rovided in subparagraph f of paragraph 1
	4034	+	of this subsection.
	4035	+	8. Every law enforcement agency in this state shall, within
	4036	+	thirty (30) days of a final or der of termination or resignation
	4037	+	while under investigatio n of a CLEET-certified peace officer, report
	4038	+	such order or resignation in writing to the Executive Director of
	4039	+	the Council. Any report, upon receipt by the Council, shall be
	4040	+	considered as personnel records and shall be afforded confidential
	4041	+	protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
	4042	+	Oklahoma Statutes. Any medical or other confidential records
	4043	+	obtained by subpoena pursuant to this subsection shall not be made a
	4044	+	part of such report. The Executive Director shall ensure that the
	4045	+	report is provided to all members of the Council. The Council shall
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	4072	+	review and make recommendations concerning the report at the first
	4073	+	meeting of the Council to occur after all members of the Council
	4074	+	have received the report. The Council may, by a majority vo te,
	4075	+	order the suspension, for a given period o f time, or revocation of
	4076	+	the CLEET certification of the peace officer in question if there
	4077	+	are grounds for such actions pursuant to this section and the peace
	4078	+	officer in question has been provided with notice a nd an opportunity
	4079	+	for a hearing pursuant to th e Administrative Procedures Act.
	4080	+	Suspension or revocation of CLEET certification pursuant to this
	4081	+	paragraph shall be reported to the district attorney for the
	4082	+	jurisdiction in which the peace officer was employ ed, to the
	4083	+	liability insurance company of the law enforcement agency that
	4084	+	employed the peace officer, the chief elected official of the
	4085	+	governing body of the law enforcement agency and the chief law
	4086	+	enforcement officer of the law enforcement agency.
	4087	+	9. For all other violations of this subsection, the hearing
	4088	+	examiner shall take into consideration the severity of the
	4089	+	violation, any mitigating circumstances offered by the person
	4090	+	subject to disciplinar y action, and any other evidence relevant to
	4091	+	the person's character to determine the appropriate discipl inary
	4092	+	action.
	4093	+	10. a. A police or peace officer may voluntarily surrender
	4094	+	and relinquish the peace officer certification to
	4095	+	CLEET. Pursuant to such surr ender or relinquishment,
	4096	+
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	4121	+
	4122	+	the person surrendering the certi fication shall be
	4123	+	prohibited from applying to CLEET for reinstatement
	4124	+	within five (5) years of the date of the surrender or
	4125	+	relinquishment, unless otherwise provided by law for
	4126	+	reinstatement.
	4127	+	b. No person who has had a police or peace officer
	4128	+	certification from another state revoked or
	4129	+	voluntarily surrendered and has not been reinstated by
	4130	+	that state shall be considered for certification by
	4131	+	CLEET.
	4132	+	c. Any person seeking reinstatement of police or peac e
	4133	+	officer certification which has been suspended,
	4134	+	revoked, or voluntarily surrendered may apply for
	4135	+	reinstatement pursuant to promulgated CLEET rules
	4136	+	governing reinstatement. Except as provided in this
	4137	+	subsection, any person whose certification has been
	4138	+	revoked, suspended or voluntarily surrendered for any
	4139	+	reason including failure to comply with mandatory
	4140	+	education and training requirements, shall pay a
	4141	+	reinstatement fee of One Hundred Fifty Dollars
	4142	+	($150.00) to be deposited to the credit of the Peace
	4143	+	Officer Revolving Fund created pursuant to Section
	4144	+	3311.7 of this title.
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	4171	+	11. A duty is hereby imposed upon the district attorney who, on
	4172	+	behalf of the State of Oklahoma, prosecutes a person holding police
	4173	+	or peace officer or reserve peace officer certificatio n for a
	4174	+	felony, a crime involving moral turpitude, or a cr ime of domestic
	4175	+	violence in which a plea of gu ilty, nolo contendere, or an "Alford"
	4176	+	plea or any other plea other than a not guilty plea or other finding
	4177	+	of guilt is entered by, against or on behalf of a certified police
	4178	+	or peace officer to report such plea , agreement, or other finding of
	4179	+	guilt to the Council on Law Enforcement Education and Training
	4180	+	within ten (10) days of such plea agreement or the finding of guilt.
	4181	+	12. Any person or agency require d or authorized to submit
	4182	+	information pursuant to this sec tion to the Council shall be immune
	4183	+	from liability arising from the submission of the information as
	4184	+	long as the information was submitted in good faith and without
	4185	+	malice.
	4186	+	13. Any peace officer em ployed by a law enforcement agency in
	4187	+	this state which has internal discipline policies and procedures o n
	4188	+	file with CLEET shall be exempt from the disciplinary proceedings
	4189	+	and actions provided for in this subsection; provided, however, such
	4190	+	exemption shall not apply if the peace officer has been convicted of
	4191	+	a felony crime, a crime of moral turpitude, or a c rime of domestic
	4192	+	violence.
	4193	+	14. All criminal proceedings initiated against a CLEET -
	4194	+	certified peace officer or reserve peace officer shall be reported
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	4221	+	by the officer to CLEET immediately after arrest or discover y of the
	4222	+	filing of such criminal proceeding. All CLEET-certified peace
	4223	+	officers and reserve peace officers shall be required to report when
	4224	+	a Victim Protective Order has been issued against the off icer
	4225	+	including orders issued on an emergency basis and all final orders
	4226	+	of protection. Failure to give notice pursuant to the provisions of
	4227	+	this paragraph may be cause to initiate an action against the
	4228	+	officer by CLEET.
	4229	+	15. As used in this subsection:
	4230	+	a. "law enforcement agency" means any department or
	4231	+	agency of the state, a county, a municipality, or
	4232	+	political subdivision thereof, with the duties to
	4233	+	maintain public order, make arrests, and enforce the
	4234	+	criminal laws of this state or municipal ordinances,
	4235	+	which employs CLEET-certified personnel,
	4236	+	b. "final order of termination" means a final notice of
	4237	+	dismissal from employment provided after all
	4238	+	grievance, arbitration, and court actions employment-
	4239	+	related proceedings have been completed, and
	4240	+	c. "resignation while under investigation" means the
	4241	+	resignation from empl oyment of a peace officer who is
	4242	+	under investigation for any felony violation of law, a
	4243	+	crime of moral turpitude, a crime of domestic
	4244	+	violence, moral turpitude, an allegation of excessive
	4245	+
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	4271	+	use of force, or untruthfulness or the resignation
	4272	+	from employment of a peace officer as part of an
	4273	+	arbitration or a plea agreement or employment-related
	4274	+	proceedings.
	4275	+	K. 1. Every canine team in the state trained to detect
	4276	+	controlled dangerous substances s hall be certified, by test, in the
	4277	+	detection of such controlled dan gerous substances and shall be
	4278	+	recertified annually so long a s the canine is used for such
	4279	+	detection purposes. The certification test and annual
	4280	+	recertification test provisions of this sub section shall not be
	4281	+	applicable to canines that are owned by a law enforcement agency and
	4282	+	that are certified and annually recert ified in the detection of
	4283	+	controlled dangerous substances by the United States Customs
	4284	+	Service. No employee of CLEET may be inv olved in the training or
	4285	+	testing of a canine team.
	4286	+	2. The Council shall appoint a Drug Dog Advisory Council to
	4287	+	make recommendations concerning minimum standards, educational
	4288	+	needs, and other matters imperative to the certificati on of canines
	4289	+	and canine teams trained to detect controlled dangerous substances.
	4290	+	The Council shall promulgate rules based upon the recommendations of
	4291	+	the Advisory Council. Members of the Advisory Council shall
	4292	+	include, but need not be limited to, a comm issioned officer with
	4293	+	practical knowledge of such canines and canine teams from each of
	4294	+	the following:
	4295	+
	4296	+	ENGR. H. B. NO. 2869 Page 37 1
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	4321	+	a. the Oklahoma State Bureau of Narcotics and Danger ous
	4322	+	Drugs Control,
	4323	+	b. the Department of Public Safety,
	4324	+	c. a police department,
	4325	+	d. a sheriff's office, and
	4326	+	e. a university or college campus police department.
	4327	+	3. The fee for the certification te st shall be Two Hundred
	4328	+	Dollars ($200.00) and the annual rece rtification test fee shall be
	4329	+	One Hundred Dollars ($100.00) per canine team. A retest fee of
	4330	+	Fifty Dollars ($50.00) will be cha rged if the team fails the test.
	4331	+	No such fee shall be charged to a ny local, state or federal
	4332	+	government agency. The fees provi ded for in this paragraph shall be
	4333	+	deposited to the credit of the CLEET Fund created pursuant to
	4334	+	Section 1313.2 of Title 20 of t he Oklahoma Statutes.
	4335	+	L. 1. Every canine team in the state traine d to detect
	4336	+	explosives, explosive materials, explosive device s, and materials
	4337	+	which could be used to construct an explosive device shall be
	4338	+	certified, by test, in the detection of such expl osives and
	4339	+	materials and shall be recertified annually so long as t he canine is
	4340	+	used for such detection purposes. The certifica tion test and annual
	4341	+	recertification test provisions of this subsection shall not be
	4342	+	applicable to canines that are owned by a l aw enforcement agency if
	4343	+	such canines are certified and annually re certified in the detection
	4344	+	of explosives and materials by the United States Department of
	4345	+
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	4371	+	Defense. No employee of CLEET may be involved in the training or
	4372	+	testing of a canine team.
	4373	+	2. The Council shall appoint a Bomb Dog Advisory Council to
	4374	+	make recommendations concerning minimum standards, educational
	4375	+	needs, and other matters imperative to the certification of canines
	4376	+	and canine teams trained to detect explosive s, explosive materials,
	4377	+	explosive devices and materials which could be used to construct an
	4378	+	explosive device. The Council shall promulgate rules based upo n the
	4379	+	recommendations of the Advisory Council. Members of the Advisory
	4380	+	Council shall include, but ne ed not be limited to, a com missioned
	4381	+	officer with practical knowledge of such canines and cani ne teams
	4382	+	from each of the following:
	4383	+	a. the Department of Pub lic Safety,
	4384	+	b. a police department,
	4385	+	c. a sheriff's office, and
	4386	+	d. a university or college campus poli ce department.
	4387	+	3. The fee for the certification test shall be Two Hundred
	4388	+	Dollars ($200.00) and the annual recertification test fee shall be
	4389	+	One Hundred Dollars ($100.00) per canine team. A retest fee of
	4390	+	Fifty Dollars ($50.00) will be charged if the team fails the test.
	4391	+	No such fee shall be charged to any local, state or federal
	4392	+	government agency. The fees provided for in this paragraph shall be
	4393	+	deposited to the credit of the CLEET Fund created pursuant to
	4394	+	Section 1313.2 of Title 20 of the Oklahoma Stat utes.
	4395	+
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	4421	+	M. All tribal police officers of any Indian tribe or nation who
	4422	+	have been commissioned by an Oklahoma law enforcement agency
	4423	+	pursuant to a cross-deputization agreement with the State of
	4424	+	Oklahoma or any political subdivision of the State of Oklahoma
	4425	+	pursuant to the provisions of Section 1221 of Title 74 of the
	4426	+	Oklahoma Statutes shall be eligi ble for peace officer certification
	4427	+	under the same terms and conditions required of members of the law
	4428	+	enforcement agencies of the State of Oklahoma and its polit ical
	4429	+	subdivisions. CLEET s hall issue peace officer certification to
	4430	+	tribal police officers wh o, as of July 1, 2003, are commissioned by
	4431	+	an Oklahoma law enforcement agency pursuant to a cross -deputization
	4432	+	agreement with the State of Oklahoma or any politic al subdivision of
	4433	+	the State of Oklahoma pursuant to the provisions of Section 1221 of
	4434	+	Title 74 of the Oklahoma Statutes and have met the training and
	4435	+	qualification requirements of this section.
	4436	+	N. If an employing law enforcement agency in this state has
	4437	+	paid for CLEET training and the salary of a person while that person
	4438	+	is completing in this stat e a basic police course approved by the
	4439	+	Council and if within one (1) year after initial employment with the
	4440	+	original employing agency that person resigns and is hired by
	4441	+	another law enforcement agency in this state, the second agency or
	4442	+	the person receiving the training shall reimburse the original
	4443	+	employing agency for the cost of CLEET training and salary paid to
	4444	+	the person while completing the basic police cours e by the original
	4445	+
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	4471	+	employing agency. If the person leaves the original employing
	4472	+	agency later than one (l) year, but less than two (2) years, after
	4473	+	the initial employment, the second agency or the person receiving
	4474	+	the training shall reimburse the original employing agency fifty
	4475	+	percent (50%) of the cost of CLEET training and salary paid to the
	4476	+	person while completing the basic police course by the original
	4477	+	employing agency. CLEET shall not be a party to any court action
	4478	+	based on this provision.
	4479	+	O. The Council on Law Enforcement Edu cation and Training, in
	4480	+	its discretion, may waive all or part of an y moneys due to the
	4481	+	Council, if deemed uncollectable by the C ouncil.
	4482	+	P. Peace officers, reserve peace officers, tribal peace
	4483	+	officers, agencies, bail enforcers, security guards and private
	4484	+	investigators shall maintain with the Council current mailing
	4485	+	addresses and shall notify the Council, in writing, of any change of
	4486	+	address or name. Notification of change of name shall require
	4487	+	certified copies of any marriage l icense or other court docum ent
	4488	+	which reflects the change of name. Notice of change of address or
	4489	+	telephone number must be made within ten (10) days of the effected
	4490	+	change. Notices shall not be accepted over the phone. In any
	4491	+	proceeding in which the Coun cil is required to serve no tice or an
	4492	+	order on an individual or an agency, the Council may sen d a letter
	4493	+	to the mailing address on file with the Council. If the letter is
	4494	+	returned and a notation of the U.S. Postal Service indicates
	4495	+
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	4512	+	17
	4513	+	18
	4514	+	19
	4515	+	20
	4516	+	21
	4517	+	22
	4518	+	23
	4519	+	24
	4520	+
	4521	+	"unclaimed", or "moved", or "refused" or any other nondelivery
	4522	+	markings and the records of the Council indicate that no change of
	4523	+	address as required by this subsection has been received by the
	4524	+	Council, the notice and any subsequent notices or orders shall be
	4525	+	deemed by the Court as having been legally ser ved for all purposes.
1368	4526		Q. All CLEET records of Bail Enforcers may b e released only in
1369	4527		compliance with this section and the Oklah oma Bail Enforcement and
1370	4528		Licensing Act. All records in CLEET possession concerning other
1371	4529		persons or entities shall be released only in compliance with this
1372	4530		section and the Oklahoma Open Records Act.
1373		-
1374		-	SECTION 4. This act shall become effective November 1, 2023.
1375		-
1376		-
1377		-
1378		-	ENR. H. B. NO. 2869 Page 32
1379		-	Passed the House of Representatives the 17th day of May, 2023.
	4531	+	SECTION 6. This act shall become effect ive November 1, 2023.
	4532	+	Passed the House of Representatives the 22nd day of March, 2023.
	4533	+
1380	4534
1381	4535
1382	4536
1383	4537		Presiding Officer of the House
1384	4538		of Representatives
1385	4539
1386	4540
1387		-	Passed the Senate the 26th day of April, 2023.
	4541	+	Passed the Senate the ___ day of __________, 2023.
	4542	+
1388	4543
1389	4544
1390	4545
1391	4546		Presiding Officer of the Senate
1392	4547
1393	4548
1394	4549
1395		-
1396		-	OFFICE OF THE GOVERNOR
1397		-	Received by the Office of the Governor this ____________________
1398		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1399		-	By: _________________________________
1400		-	Approved by the Governor of the State of Oklahoma this _____ ____
1401		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1402		-
1403		-
1404		-	_________________________________
1405		-	Governor of the State of Oklahoma
1406		-
1407		-	OFFICE OF THE SECRETARY OF STATE
1408		-	Received by the Office of the Secretary of State this __________
1409		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1410		-	By: _________________________________