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ENGROSSED SENATE
BILL NO. 1002 By: Thompson (Roger) of the
Senate
and
Ford of the House
An Act relating to law enforcement investigations;
amending 47 O.S. 2021, Sect ion 2-108, which relates
to powers and duties of the commissioner; modifying
powers; directing certain notification; amending 74
O.S. 2021, Section 150.2, which relates to powers and
duties; modifying powers; directing certain
notification; and declaring a n emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -108, is
amended to read as follows:
Section 2-108. A. The Commissioner is hereby vested with the
power and is charged with the duty of observing, administering, and
enforcing the provisions of this title and of all laws regulating
the operation of vehicles o r the use of the highways, the
enforcement and administration of which are now or hereafter vested
in the Department. The Commissioner may appoint any employee of the
Department to serve as the personal representative of the
Commissioner for the purpose o f fulfilling any such duty or
combination of duties.
B. The Commissioner is hereby authorized to adop t and enforce
such rules as may be necessary to carry out the provision s of the
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Highway Safety Code and any other laws the enforcement and
administration of which are vested in the Department.
C. The Commissioner may adopt an official seal for the use of
the Department.
D. The Commissioner may adopt an authorized facsimile signature
of the Commissioner, and may appoint any employee of the Department
to serve as the personal representative of the Commissioner for the
purpose of affixing the authorized facs imile signature of the
Commissioner to administrative letters, notices, and orders to
enforce the provisions of the law. Provided, however, it shall be
unlawful and shall constitute the crime of forgery to affix or
endorse the facsimile signature of the C ommissioner, as herein
provided, to any instrument, voucher, check, cla im, or draft for the
payment of money due and owing to the State of Oklahoma. In l ieu of
the signature of the Commissioner or the authorized facsimile
signature of the Commissioner, th e Commissioner may direct and
authorize any employee of the Department to affix the signature of
the employee to administrative letters, notices, and orde rs to
enforce the provisions of the law.
E. The Commissioner has the authority to enter into interage ncy
transfers with the Oklahoma State Bureau of Investigation, the
Oklahoma Bureau of Narcotics and Dangerous Drugs and the Oklahoma
Alcoholic Beverages L aws Enforcement Commission as provided for in
Section 1 of this act.
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F. The Commissioner has the auth ority to investigate and
cooperate with munic ipal or county law enforcement agencies when a
manhunt or missing child sit uation happens in the state. Municipal
or county law enforcement shall be required to n otify the
Commissioner, or his or her designee, within the first six (6) hours
of opening the local investigation .
SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.2, is
amended to read as follows:
Section 150.2. The Oklahoma State Bureau of Investigation shall
have the power and duty to:
1. Maintain a nationally accredited scientific laboratory to
assist all law enforcement agencies in the discove ry and detection
of criminal activity;
2. Maintain fingerprint and other identification files
including criminal history r ecords, juvenile identification files,
and DNA profiles;
3. Establish, coordina te and maintain the automated fingerprint
identification system (AFIS) and the deoxyribo nucleic acid (DNA)
laboratory;
4. Operate teletype, mobile and fixed radio or other
communications systems;
5. Conduct schools and training programs for the agents, p eace
officers, and technicians of this state charged with the enforcement
of law and order and the investigation and detection of crime;
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6. Assist the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Chief Medical Examin er,
and all law enforcement officers and district att orneys when such
assistance is requested, in accordance with the policy determined by
the Oklahoma State Bureau of Investig ation Commission established in
Section 150.3 of this title;
7. Investigate and detect criminal activity when directed to do
so by the Governor;
8. Investigate, detec t, institute and maintain actions
involving vehicle theft pursuant to Section 150.7a of this title or
oil, gas or oil field equipment theft pursuant to Sections 152.2
through 152.9 of this title;
9. Investigate any crimi nal threat made to the physical saf ety
of elected or appointed officials of this state or any political
subdivision of the state and forward the results of that
investigation to the Department of Public Safety, and provide
security to foreign elected or ap pointed officials while they are in
this state on official business;
10. Investigate and detect violations of the Oklahoma Computer
Crimes Act;
11. Investigate and enforce all laws relating to any crim e
listed in Section 571 of Title 57 of the Oklahoma S tatutes that
occurs on the turnpike s;
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12. Investigate and detect criminal activity involving files,
records, assets, prope rties, buildings or employees of the Oklahoma
State Bureau of Investigation. No thing in this paragraph shall
limit or prevent any cr iminal investigation of the matter by the
sheriff of the county or any law enforcement agency of competent
jurisdiction; and
13. Contract with municipal or county law enforcement agencies
to conduct administrative reviews of law enforcement use -of-force
investigations for compliance with c urrent investigative procedures,
standards and law. All funds received as a result of t he contract
will be deposited in the OSBI Revolving Fund. Any review of use -of-
force investigation shall be done by a certified poli ce officer; and
14. Investigate and cooperate with munic ipal or county law
enforcement agencies when a manhunt or missing child situation
happens in the state. Municipal or county law enforcement shall be
required to notify the Bureau within the first six (6) hours of
opening the local investigation .
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
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Passed the Senate the 23rd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _____ _____,
2023.
Presiding Officer of the House
of Representatives