OK
Oklahoma House Bill HB3897

Oklahoma 2024 Regular Session

Oklahoma House Bill HB3897 Compare Versions

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5353 STATE OF OKLAHOMA
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5555 2nd Session of the 59th Legislature (2024)
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5757 HOUSE BILL 3897 By: Ford
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6363 AS INTRODUCED
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6565 An Act relating to cities and towns; amending 11 O.S.
6666 2021, Section 34-102, which relates to the powers,
6767 duties, and functions of the chief of police;
6868 modifying the definition of chief of police;
6969 providing powers, duties, functions; providing
7070 qualifications; providing definition of police
7171 officer; and providing an effective date .
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7777 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
7878 SECTION 1. AMENDATORY 11 O.S. 2021, Section 34 -102, is
7979 amended to read as follows:
8080 Section 34-102. A. The chief of police of a municipality shall
8181 be a peace officer and shall enforce the municipal ordinances. The
8282 chief of police of a municipality shall have such other power s,
8383 duties and functions as may be prescribed by law or ordinance.
8484 B. Any person elected or appointed to the position of chief of
8585 police of a municipality shall meet the following qualifications:
8686 1. Be at least twenty-one (21) years of age;
8787 2. Be a citizen of the United States;
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139139 3. Possess at least a high school diploma or General Education
140140 Diploma (GED);
141141 4. Be certified as a peace officer in this state by the Council
142142 on Law Enforcement Education and Train ing (CLEET), or meet all
143143 requirements necessary f or CLEET certification and obtain such
144144 certification within six (6) months of assuming the position of
145145 chief of police or as otherwise allowed by Section 3311 of Title 70
146146 of the Oklahoma Statutes; and
147147 5. Have successfully completed a course of training me eting at
148148 least the minimal criteria established by the Council on Law
149149 Enforcement Education and Training (CLEET) for police chief
150150 administration, successfully completed an approved police chief
151151 administrative school which has been developed by the Oklahoma
152152 Association of Chiefs of Police and approved by the Council within
153153 twelve (12) months of assuming the position of chief of police.
154154 C. 1. Any person who does not meet the qualifications of
155155 paragraph 4 or 5 of subsection B of this section at the time of
156156 election or appointment to the position of chief of police and who
157157 fails after assuming the position of chief of police to meet such
158158 qualifications within the time required shall have their CLEET
159159 certification revoked for the purpose of serving as chief and be
160160 removed from the position.
161161 2. Any person assuming the position of chief of police without
162162 prior CLEET certification who fails to complete an approved course
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214214 of training or police chief administration sc hool within the time
215215 required shall be precluded from obtaining CLEET certification while
216216 in such position.
217217 D. The Council on Law Enforcement Education and Training
218218 (CLEET) shall establish minimal criteria for the qualifications of
219219 paragraph 5 of subsecti on B of this section relating to a course of
220220 training and police chief administration schools and approve all
221221 training offered in this state relating to police chief
222222 administration. The Oklahoma Association of Chiefs of Police in
223223 consultation and cooperat ion with the Council is directed to develop
224224 a Police Chief Administrative School consisting of training courses
225225 that meet at least the minimal criteria established by the Council.
226226 E. The provisions of this act relating to qualifications for a
227227 chief of police shall not apply to any person who has assumed the
228228 position of chief of police and is currently serving as the chief of
229229 police of a municipality on or before November 1, 2006.
230230 A. The chief of police of a municipality shall be the chief law
231231 enforcement officer of the municipality, they shall enforce the
232232 municipal ordinances, and they shall have such other powers, duties,
233233 and functions as may be prescrib ed by law or ordinance.
234234 B. The elected or appointed chief shall be a certified peace
235235 officer in Oklahoma or certified in a state that CLEET recognizes
236236 and accepts reciprocity.
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288288 C. The elected or appointed chief shall have served as a duly
289289 certified peace officer in a full-time capacity for a period of five
290290 (5) years or more prior to the date of taking offi ce.
291291 D. All newly elected or appointed chiefs shall complete a
292292 Chief's administrative school , which has been developed by the
293293 Oklahoma Association of Chiefs of Police and which has been approved
294294 by the Council on Law Enforcement Education and Training (CLE ET).
295295 Failure to complete the chief 's administrative school within the
296296 specified period shall preclude the new chief from obtaining CLEET
297297 certification. New chiefs with prior CLEET certification, who fai l
298298 to attend the chief's administrative school, shall h ave their CLEET
299299 certification revoked. Provided, howe ver, the provisions of this
300300 section relating to qualifications shall not apply to any person
301301 serving as a police chief or to any person previously se rving as a
302302 police chief prior to the adoption of this act.
303303 E. For purposes of this act, "peace officer" shall mean a full-
304304 time duly appointed or elected officer who is paid for working more
305305 than twenty-five (25) hours per week and whose duties are to
306306 preserve the public peace, protect life and property, prev ent crime,
307307 serve warrants, and enforce state, federal , or local ordinances of
308308 this state or any political subdivision thereof.
309309 SECTION 2. This act shall become effective November 1, 2024.
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311311 59-2-9688 MJ 01/04/24