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STATE OF OKLAHOMA
2nd Session of the 59th Le gislature (2024)
HOUSE BILL 3147 By: Humphrey
AS INTRODUCED
An Act relating to the Oklahoma State Bureau of
Investigation; amendi ng 74 O.S. 2021, Section 150.5,
which relates to investigati ons conducted by the
Bureau; authorizing members of the Legislature to
request investigations; directing the Bureau to
provide updates on investigations; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.5, is
amended to read as follows:
Section 150.5 A. 1. Oklahoma State Bureau of Investigation
investigations not covered under Section 150.2 of this title shall
be initiated at the request of the following persons:
a. the Governor,
b. the Attorney General,
c. the Council on Judicial Complaints upon a vote by a
majority of the Council,
d. the chair of any Legislative Investigating Committee
which has been granted subpoena powers by re solution,
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upon authorization by a vote of the majority a member
of the Committee Legislature,
e. the Director of the Department of Human Services, or
designee, as authorized by Section 1 -2-105 of Title
10A of the Oklahoma Statutes, or
f. a district court judge as authorized by Section 1 -2-
103 of Title 10A of the Oklahoma Statutes.
2. Requests for investigations shall be submitted in writing
and shall contain specific allegations of wrongdoing under the laws
of the State of Oklahoma.
B. The Governor may in itiate special background investigations
with the written consent of the person who is the subject of the
investigation.
C. The chair of any Senate committee which is fulfilling the
statutory responsibility for approving nominations made by the
Governor may, upon a vote by a majority of the committee and with
the written consent of the p erson who is to be the subject of the
investigation, initiate a special background investigation of any
nominee for the Oklahoma Horse Racing Commission as established by
Section 201 of Title 3A of the Oklahoma Statutes or any nominee for
the Board of Trustees of the Oklahoma Lottery Commission as
established by Section 704 of Title 3A of the Oklahoma Statutes.
The Bureau shall submit a report to the committee within thirty (30)
days of the receipt of the request. Any consideration by the
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committee of a report from the Bureau shall be for the exclusive use
of the committee and shall be considered only in executive session.
D. 1. All records relating to any investigation b eing
conducted by the Bureau, including any records of laboratory
services provided to law enforcement agencies pursuant to paragraph
1 of Section 150.2 of this title, shall be confidential and shall
not be open to the public or to the Commission except as provided in
Section 150.4 of this title; provided, however, officers and agents
of the Bureau may disclose, at the discretion of the Director, such
investigative information to:
a. officers and agents of federal, state, county, or
municipal law enforcemen t agencies and to district
attorneys, in the furtherance of criminal
investigations within their respective jurisdictions,
b. employees of the Department of Human Services in the
furtherance of child abuse investigations, and
c. appropriate accreditation b odies for the purposes of
the Bureau's obtaining or maintaining accreditation.
2. Any unauthorized disclosure of any information contained in
the confidential files of the Bureau shall be a misdemeanor. The
person or entity authorized to initiate investi gations in this
section, and the Attorney General in the case of investigations
initiated by the Insurance Commissioner, shall be kept advised of
the progress of the re quested investigation and shall receive a
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report of the results of the requested investi gation. The person or
entity requesting the investigation may give that information only
to the appropriate prosecutorial officer or agency having statutory
authority in the matter if that action appears proper from the
information contained in the report , and shall not reveal or give
such information to any other person or agency. Violation hereof
shall be deemed willful neglect of duty and shall be grounds for
removal from office.
E. It shall not be a violation of this section to reveal
otherwise confidential information to outside agencies or
individuals who are providing interpreter services, questioned
document analysis, laboratory services, or other sp ecialized
services that are necessary in the assistance of Bureau
investigations. Individuals or a gencies receiving the confidential
and investigative information or records or results of laboratory
services provided to the Bureau by those agencies or ind ividuals,
shall be subject to the confidentiality provisions and requirements
established in subsec tion D of this section.
F. It shall not be a violation of this section to reveal for
training or educational purposes otherwise confidential information
from records relating to any investigation previously conducted by
the Bureau, including any records o f laboratory services provided to
law enforcement agencies pursuant to paragraph 1 of subsection A of
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Section 150.2 of this title, so long as ten (10) or more years have
passed since the production of the information or record.
G. It shall not be a violation of this section to reveal
otherwise confidential information from records relating to any
investigation being conducted by the Bureau, including any records
of laboratory services provided to law enforcement agencies pursuant
to paragraph 1 of subsection A of Section 150.2 of this ti tle or to
the public, provided, release of the confidential information has
been authorized by the Director of the Bureau for the purposes of
developing or obtaining further information reasonably necessary to
the successful conclusion of a criminal invest igation being
conducted by the Bureau or authorized by the Director of the Bureau
for the purpose of advising crime victims or family representatives
of homicide victims regarding the status of a pending investigation.
H. The State Treasurer shall initiat e a complete background
investigation of the positions with the written consent of the
persons who are the subject of the investigation pursuant to
subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes.
The Bureau shall advise the State Treasu rer and the Cash Management
and Investment Oversight Commission in writing of the results of the
investigation.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8583 GRS 01/02/24