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SENATE FLOOR VERSION
April 13, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1976 By: Humphrey, Newton, and
McDugle of the House
and
Hamilton and Burns of the
Senate
An Act relating to the Department of Public Sa fety;
authorizing the Commissioner of Public Safety to make
certain assignments to Department of Public Safety
personnel; authorizing certain Department employees
to carry a firearm; prohibiting the release of
certain information; making certain exception;
authorizing Commissioner to release certain
information; setting penalty for unauthori zed release
of information; defining t erm; stating that certain
information is privileged, not discoverable, nor
subject to subpoena or court order for production;
allowing for production of information in certain
criminal proceedings; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 2-105.9 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. The Commissioner of Public Safety m ay assign personnel
within the Department of Public Safety to:
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1. Collect information concerning the activity and identity of
individuals reasonably believed to be engaged in terrorism , threats
to public safety, organized crime , criminal conspiracies , or any
other threats of violent crime ;
2. Analyze collected information and disseminate such
information to other law enforcement agencies ;
3. Coordinate the effort of this state with local, state, and
federal agencies to protect citizens from terrorism, th reats to
public safety, organized crime, crimin al conspiracies, or any other
threats of violent crime by creating a clearinghous e of crime-
related information for use by lo cal, state, and federal law
enforcement agencies; and
4. Provide training to peace officers of this state concerning
the legal collection, preservation, and dissemination of crime -
related information.
B. The Commissioner may assign attorneys of the Depar tment of
Public Safety to support s uch criminal analysis and investigative
functions, including providing assistance to the d istrict attorney
in pursuing search warrants, arrest warrants, and other forms of
court orders and process in connection with crimi nal investigations
of the Department of Public Safety. With written authorization f rom
the Commissioner, Department attorneys assigned to these duties, who
have been certified by the Council on Law Enforcement E ducation and
Training to carry a weapon or h ave been issued a handgun license
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pursuant to the provisions of the Oklahoma Self -Defense Act, shall
be authorized to carry a firea rm on his or her person, whether on
duty or off duty, anywhere in the state pursuant to paragraph 3 of
subsection A of Sectio n 1272 and paragraph 1 of subsectio n H of
Section 1277 of Title 21 of the Oklahoma S tatutes.
C. Release of information compiled pu rsuant to this section
shall be prohibited except for release of information to l aw
enforcement agencies and prosecutorial au thorities for the purpose
of crime prevention, criminal investigation, or criminal
prosecution. If the Commissioner determines it necessary to do so
in the interest of public safety or crime prevention, the
Commissioner may authorize the release of inform ation compiled
pursuant to this sec tion to leadership of the state or any political
subdivision, critical infrastructure personnel, the target of any
threat, or any segment of the public. Unauthorized release or
unauthorized use of this information shall be a misdemeanor and
shall be punishable by incarceration in the county jail not
exceeding one (1) year or a fine not exceeding Fif ty Thousand
Dollars ($50,000.00), or by both such fine and imprisonment. As
used in this section, “unauthorized release ” or “unauthorized use”
shall include, but not be limited to, giving the information to a ny
person who is not a law enforcement officer or prosecutorial
authority unless necessitated by an ongoing criminal investigati on,
or release of information to a law enfor cement officer who is not
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engaged in a criminal investigation requiring the informat ion or who
is not authorized by his or her agen cy to receive such information,
or release of information without the express aut hority of the
Commissioner or in violation o f any rules promulgated by the
Department of Public Safety. Information collected a nd compiled
under the authority of this section shall be privileged and not
discoverable nor subject to subpoena or order for pr oduction issued
by any court, other than pro duction in a district court crimina l
proceeding for the prosecution of crimes which are the subject of
the information sought.
SECTION 2. 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.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 13, 2023 - DO PASS AS AMENDED BY CS