Oklahoma 2024 Regular Session

Oklahoma House Bill HB3998 Compare Versions

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1		-	An Act
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3	34		BILL NO. 3998 By: Fetgatter of the House
4	35
5	36		and
6	37
7	38		Paxton of the Senate
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14	43		An Act relating to law enforcement education and
15	44		training; amending 70 O.S. 2021, Section 3311, as
16	45		amended by Section 3, Chap ter 272, O.S.L. 2023 (70
17	46		O.S. Supp. 2023, Section 3311), which relates to the
18	47		Council on Law Enforcement Education and Training;
19	48		clarifying education and training reimbursement
20	49		requirements; and providing an effective date .
21	50
22	51
23	52
24		-	SUBJECT: Law enforcement education and training
25		-
26	53		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
27		-
28	54		SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, as
29	55		amended by Section 3, Chapter 272, O.S.L. 2023 (70 O.S. Supp. 2023,
30	56		Section 3311), is amended to read as follows:
31		-
32	57		Section 3311. A. There is hereby cre ated a Council on Law
33	58		Enforcement Education and Training which shall be, and is hereby
34	59		declared to be, a governmental law enforcement agency of the State
35	60		of Oklahoma, body politic and corporate, with powers of government
36	61		and with the authority to exercise the rights, privileges and
37	62		functions necessary to ensure the professional training and
38	63		continuing education of law enforcement officers in this state.
39	64		These rights, privileges and functions include, but are not limited
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40	92		to, those specified in Sections 3311 through 3311.15 of this title
41	93		and in the Oklahoma Security Guard and Private Investigator Act and
42	94		the Bail Enforcement and Licensing Act. The Council shall be
43	95		authorized to require agency employees and the employees of ag ency
44	96		contractors in positions to have access to Oklahoma Peace Officer
45	97		records, Oklahoma Security Guard and Private Investigator records,
46		-	Bail Enforcement and Licensing Act ~~r ecords~~, to be subject to a ~~ENR. H. B. NO. 3998 Page 2~~
	98	+	Bail Enforcement and Licensing Act records, to be subject to a
47	99		criminal history search by the Oklahoma State Bureau of
48	100		Investigation, as well as be fin gerprinted for submission of the
49	101		fingerprints through the Oklahoma State Bureau of Investigation to
50	102		the Federal Bureau of Investigation for a national criminal history
51	103		check. The Council shall be the recipient of the resul ts of the
52	104		record check. In accor dance with Section 150.9 of Title 74 of the
53	105		Oklahoma Statutes, this includes a national criminal record with a
54	106		finger print analysis. The Council shall be composed of thirteen
55	107		(13) members as follows:
56		-
57	108		1. The Commissioner of the Department of Public Safet y, or
58	109		designee;
59		-
60	110		2. The Director of the Oklahoma State Bureau of Narcotics and
61	111		Dangerous Drugs Control, or designee;
62		-
63	112		3. The Director of the Oklahoma State Bureau of Investigation,
64	113		or designee;
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66	141		4. One member appointed by t he Governor who shall be a law
67	142		enforcement administrator representing a tribal law enforcement
68	143		agency;
69		-
70	144		5. One member appointed by the Governor who shall be a chief of
71	145		police of a municipality with a population over one hundred thousand
72	146		(100,000), as determined by the latest Federal Decen nial Census;
73		-
74	147		6. One member appointed by the Board of Directors of the
75	148		Oklahoma Sheriffs' Association who shall be a sheriff of a county
76	149		with a population under twenty -five thousand (25,000), as determined
77	150		by the latest Federal Decennial Census;
78		-
79	151		7. One member appointed by the Oklahoma Association of Chiefs
80	152		of Police who shall be a chief of police representing a municipality
81	153		with a population over ten thousand (10,000), as determined by the
82	154		latest Federal Decennial Census;
83		-
84	155		8. One member shall be appointed by the Board of Directors of
85	156		the Oklahoma Sheriffs ' Association who shall be a sheriff of a
86	157		county with a population of twenty -five thousand (25,000) or more,
87	158		as determined by the latest Federal Decennial Census;
88		-
89	159		9. One member appointed by the Board of Di rectors of the
90	160		Fraternal Order of Police who shall have experience as a training
91		-	officer; ENR. H. B. NO. 3998 Page 3
92		-
	161	+	officer;
93	162		10. One member appointed by the Chancellor of Higher Education
94	163		who shall be a representative of East Central University;
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96	191		11. One member appointed by the Board of Di rectors of the
97	192		Oklahoma Sheriffs and Peace Officers Association who shall be a
98	193		full-time law enforcement officer in good standing with CLEET within
99	194		a county with a population under fifty thousand (50,000);
100		-
101	195		12. The President Pro Tempore of the Oklahoma State Senate
102	196		shall appoint one member from a list of three or more nominees
103	197		submitted by a statewide organization representing cities and towns
104	198		that is exempt from taxation under federal law and designated
105	199		pursuant to the provisions of the Internal Revenue Co de, 26 U.S.C.,
106	200		Section 170(a); and
107		-
108	201		13. The Speaker of the Oklahoma House of Representatives shall
109	202		appoint one member from a list of three or more nominees submitted
110	203		by an organization that assists in the establishment of
111	204		accreditation standards and traini ng programs for law enforcement
112	205		agencies throughout this state.
113		-
114	206		The Executive Director selected by the Council shall be an ex
115	207		officio member of the Council and shall act as Secretary. The
116	208		Council on Law Enforcement Education and Training shall select a
117	209		chair and vice-chair from among its members. Members of the Council
118	210		on Law Enforcement Education and Training shall not receive a salary
119	211		for duties performed as members of the Council, but shall be
120	212		reimbursed for their actua l and necessary expenses incurred in the
121	213		performance of Council duties pursuant to the provisions of the
122	214		State Travel Reimbursement Act.
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124	242		B. The Council on Law Enforcement Education and Training is
125	243		hereby authorized and directed to:
126		-
127	244		1. Appoint a larger Advisory Council to discuss problem s and
128	245		hear recommendations concerning necessary research, minimum
129	246		standards, educational needs, and other matters imperative to
130	247		upgrading Oklahoma law enforcement to professional status;
131		-
132	248		2. Promulgate rules with respect to such matters as
133	249		certification, revocation, suspension, withdrawal and reinstatement
134	250		of certification, minimum courses of study, testing and test scores,
135	251		attendance requirements, equipment and facilities, minimum
136		-	qualifications for instructors, minimum standards for basic and ~~ENR. H. B. NO. 3998 Page 4~~
	252	+	qualifications for instructors, minimum standards for basic and
137	253		advanced in-service courses, and seminars for Oklahoma police and
138	254		peace officers;
139		-
140	255		3. Authorize research, basic and advanced courses, and seminars
141	256		to assist in program planning directly and through subcommittees;
142		-
143	257		4. Authorize addition al staff and services necessary f or
144	258		program expansion;
145		-
146	259		5. Recommend legislation necessary to upgrade Oklahoma law
147	260		enforcement to professional status;
148		-
149	261		6. Establish policies and regulations concerning the number,
150	262		geographic and police unit distribution, and admission requirements
151	263		of those receiving tuition or scholarship aid available through the
152	264		Council. Such waiver of costs shall be limited to duly appointed
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153	292		members of legally constituted local, county, and state law
154	293		enforcement agencies on the basis of educational and financial need;
155		-
156	294		7. Appoint an Executive Director to direct the staff, inform
157	295		the Council of compliance with the provisions of this section and
158	296		perform such other duties imposed on the Council by law. An
159	297		Executive Director appointed by the Council must qualify for the
160	298		position with a bachelor or higher degree in law enforcement from an
161	299		accredited college or university, or a bachelor or higher degree in
162	300		a law-enforcement-related subject area, and a minimum of five (5)
163	301		years of active law enf orcement experience including, bu t not
164	302		limited to, responsibility for enforcement, investigation,
165	303		administration, training, or curriculum implementation.
166		-
167	304		The Executive Director of the Council on Law Enforcement
168	305		Education and Training may hire an Assistant Director to perform
169	306		such duties as directed by the Executive Director.
170		-
171	307		The Executive Director of the Council on Law Enforcement
172	308		Education and Training may commission CLEET staff as peace officers
173	309		for purposes consistent with the duties of CLEET as set out in state
174	310		law. The powers and dut ies conferred on the Executive Director or
175	311		any staff member appointed by the Executive Director as a peace
176	312		officer shall not limit the powers and duties of other peace
177	313		officers of this state or any political subdivision thereof. The
178	314		Executive Director or any staff member appointed by the Executive
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179	342		Director as a peace officer may, upon request, assist any federal,
180	343		state, county or municipal law enforcement agency;
181		-	ENR. H. B. NO. 3998 Page 5
182	344		8. Enter into contracts and agreements for the payment of
183	345		classroom space, food, and lodging expenses as may be necessary for
184	346		law enforcement officers attending any official course of
185	347		instruction approved or conducted by the Council. Such expenses may
186	348		be paid directly to the contracting agency or business
187	349		establishment. The food and lodging expe nses for each law
188	350		enforcement officer shall not exceed the authorized rates as
189	351		provided for in the State Travel Reimbursement Act; provided,
190	352		however, the Council may provide food and lodging to law enforcement
191	353		officials attending any official course of ins truction approved or
192	354		conducted by the Council rather than paying for the provision of
193	355		such food and lodging by an outside contracting agency or business
194	356		establishment;
195		-
196	357		9. a. Certify canine teams, consisting of a dog and a
197	358		handler working together as a team , trained to detect:
198		-
199	359		(1) controlled dangerous substances, or
200		-
201	360		(2) explosives, explosive materials, explosive
202	361		devices, or materials which could be used to
203	362		construct an explosive device;
204		-
205	363		provided, the dog of a certified canine team shall not
206	364		be certified at any time as both a drug dog and a bomb
207	365		dog, and any dog of a certified canine team who has
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208	393		been previously certified as either a drug dog or a
209	394		bomb dog shall not be eligible at any time to be
210	395		certified in the other category.
211		-
212	396		b. Upon retiring the dog from th e service it was
213	397		certified to perform, the law enforcement department
214	398		that handled the dog shall retain possession of the
215	399		dog. The handler shall have first option of adopting
216	400		the dog. If that option is not exercised, the law
217	401		enforcement department shall provide for its adoption.
218	402		Once adopted the dog shall not be placed back into
219	403		active service;
220		-
221	404		10. Enter into a lease, loan or other agreement with the
222	405		Oklahoma Development Finance Authority or a local public trust for
223	406		the purpose of facilitating the finan cing of a new facility for its
224	407		operations and use and pledge, to the extent authorized by law, all
225	408		or a portion of its receipts of the assessment penalty herein
226		-	referenced for the payment of ~~i ts~~ obligations under such lease, loan ~~ENR. H. B. NO. 3998 Page 6~~
	409	+	referenced for the payment of its obligations under such lease , loan
227	410		or other agreement. It is the intent of the Legislature to increase
228	411		the assessment penalty to such a level or appropriate sufficient
229	412		monies to the Council on Law Enforcement Education and Training to
230	413		make payments on the lease, loan or other agreement for the purpose
231	414		of retiring the bonds to be issued by the Oklahoma Development
232	415		Finance Authority or local public trust. Such lease, loan or other
233	416		agreement and the bonds issued to finance such facilities shall not
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234	444		constitute an indebtedness of this st ate or be backed by the full
235	445		faith and credit of this state, and the lease, loan or other
236	446		agreement and the bonds shall contain a statement to such effect;
237		-
238	447		11. Accept gifts, bequests, devises, contributions and grants,
239	448		public or private, of real or personal property;
240		-
241	449		12. Appoint an advi sory committee composed of representatives
242	450		from security guard and private investigative agencies to advise the
243	451		Council concerning necessary research, minimum standards for
244	452		licensure, education, and other matters related to licensure of
245	453		security guards, security guard agencies, private investigators, and
246	454		private investigative agencies;
247		-
248	455		13. Enter into agreements with individuals, educational
249	456		institutions, agencies, and business and tribal entities for
250	457		professional services, the use of facilities and supplie s, and staff
251	458		overtime costs incurred as a result of the user 's requests to
252	459		schedule functions after -hours, on weekends, or anytime such
253	460		requests extend staff beyond its normal capacity, whereby
254	461		contracting individuals, educ ational institutions, agencies, a nd
255	462		business and tribal entities shall pay a fee to be determined by the
256	463		Council by rule. All fees collected pursuant to facilities usage
257	464		shall be deposited to the credit of the C.L.E.E.T. Training Center
258	465		Revolving Fund created pursuant to Section 3311.6 o f this title.
259	466		All other fees collected pursuant to these agreements shall be
260	467		deposited to the credit of the Peace Officer Revolving Fund created
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261	495		pursuant to Section 3311.7 of this title. The Council is authorized
262	496		to promulgate emergency rules to effectua te the provisions of this
263	497		paragraph;
264		-
265	498		14. Promulgate rules to establish a state firearms
266	499		requalification standard for active peace officers and meet any
267	500		requirements imposed on the Council by the federal Law Enforcement
268	501		Officers Safety Act of 2004;
269		-
270	502		15. Set minimal criteria relating to qualifications for chief
271		-	of police administrative training pursuant to Section 34 -102 of ~~ENR. H. B. NO. 3998 Page 7~~
	503	+	of police administrative training pursuant to Section 34 -102 of
272	504		Title 11 of the Oklahoma Statutes, assist in developing a course of
273	505		training for a Police Chief Adminis trative School, and approve all
274	506		police chief administrative training offered in this state;
275		-
276	507		16. Appoint a Curriculum Review Board to be composed of six (6)
277	508		members as follows:
278		-
279	509		a. one member shall be selected by the Chancellor for
280	510		Higher Education, who possesses a background of
281	511		creation and review of curriculum and experience
282	512		teaching criminal justice or law enforcement courses,
283	513		who shall serve an initial term of one (1) year,
284		-
285	514		b. one member shall represent a municipal jurisdiction
286	515		with a population of fifty thousand (50,000) or more
287	516		and who shall be a management -level CLEET-certified
288	517		training officer, who shall serve an initial term of
289	518		two (2) years,
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291	546		c. one member shall represent a county jurisdiction with
292	547		a population of fifty thousand (50,000) or more and
293	548		who shall be a management -level CLEET-certified
294	549		training officer, who shall serve an initial term of
295	550		three (3) years,
296		-
297	551		d. one member shall represent a municipal jurisdiction
298	552		with a population of less than fifty thousand (50,000)
299	553		and who shall be a CLEET -certified training officer,
300	554		who shall serve an initial term of two (2) years,
301		-
302	555		e. one member shall represent a county jurisdiction with
303	556		a population of less than fifty thousand (50,000) and
304	557		who shall be a CLEET -certified training officer, who
305	558		shall serve an initial term of one (1) year, and
306		-
307	559		f. one member selected by the Oklahoma Department of
308	560		Career and Technology, who shall have experience in
309	561		the creation and review of curriculum as well as
310	562		experience in teaching criminal justice or law
311	563		enforcement courses, wh o shall serve an initial term
312	564		of three (3) years.
313		-
314	565		After the initial terms of office, all members shall be
315	566		appointed to serve three -year terms. Any member may be reappointed
316		-	to serve consecutive terms. Members shall serve without ~~ENR. H. B. NO. 3998 Page 8~~
	567	+	to serve consecutive terms. Members shall serve without
317	568		compensation, but may be reimbursed for travel expenses pu rsuant to
318	569		the State Travel Reimbursement Act. The Board shall review and
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319	597		establish curriculum for all CLEET academies and training courses
320	598		pursuant to procedures established by the Council on Law Enforcement
321	599		Education and Training;
322		-
323	600		17. Conduct review and verification of any records relating to
324	601		the statutory duties of CLEET;
325		-
326	602		18. Receive requested reports including investigative reports,
327	603		court documents, statements, or other applicable information from
328	604		local, county and state agencies and other agencies fo r use in
329	605		actions where a certification or license issued by CLEET may be
330	606		subject to disciplinary or other actions provided by law;
331		-
332	607		19. Summarily suspend a certification of a peace officer,
333	608		without prior notice but otherwis e subject to administrative
334	609		proceedings, if CLEET finds that the actions of the certified peace
335	610		officer may present a danger to the peace officer, the public, a
336	611		family or household member, or involve a crime against a minor. A
337	612		certified copy of the information or indictment charging such a
338	613		crime shall be considered clear and convincing evidence of the
339	614		charge; and
340		-
341	615		20. Approve law enforcement agencies and police departments in
342	616		accordance with the following:
343		-
344	617		a. this section applies only to an entity authoriz ed by
345	618		statute or by the Constitut ion to create a law
346	619		enforcement agency or police department and
347	620		commission, appoint, or employ officers that first
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348	648		creates or reactivates an inactive law enforcement
349	649		agency or police department and first begins to
350	650		commission, appoint, or employ officers on or after
351	651		November 1, 2011,
352		-
353	652		b. the entity shall submit to CLEET, a minimum of sixty
354	653		(60) days prior to creation of the law enforcement
355	654		agency or police department, information regarding:
356		-
357	655		(1) the need for the law enforcement agency or police
358	656		department in the community,
359		-
360	657		(2) the funding sources for the law enforcement
361		-	agency or police department, and proof that no ~~ENR. H. B. NO. 3998 Page 9~~
	658	+	agency or police department, and proof that no
362	659		more than fifty percent (50%) of the funding of
363	660		the entity will be derived from ticket revenue or
364	661		fines,
365		-
366	662		(3) the physical resources available to of ficers,
367		-
368	663		(4) the physical facilities that the law enforcement
369	664		agency or police department will operate
370	665		including descriptions of the evidence room,
371	666		dispatch area, restroom facilities, and public
372	667		area,
373		-
374	668		(5) law enforcement policies of the law enforcement
375	669		agency or police department including published
376	670		policies on:
377		-
378	671		(a) use of force,
379	672
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380	699		(b) vehicle pursuit,
381		-
382	700		(c) mental health,
383		-
384	701		(d) professional conduct of officers,
385		-
386	702		(e) domestic abuse,
387		-
388	703		(f) response to missing persons,
389		-
390	704		(g) supervision of part-time officers, and
391		-
392	705		(h) impartial policing,
393		-
394	706		(6) the administrative structure of the law
395	707		enforcement agency or police department,
396		-
397	708		(7) liability insurance, and
398		-
399	709		(8) any other information CLEET requires by rule,
400		-
401	710		c. within sixty (60) days of receiving an entity's
402	711		request, CLEET will forw ard to the entity by certified
403	712		mail, return receipt requested, a letter of
404	713		authorization or denial to create a law enforcement
405		-	agency or police ~~depa rtment~~ and commission, appoint, ~~ENR. H. B. NO. 3998 Page 10~~
	714	+	agency or police department and commission, appoint,
406	715		or employ officers, signed by the Executive Director
407	716		of CLEET, and
408		-
409	717		d. in cases of denial, the entity may appeal the decision
410	718		of the Executive Director to the full CLEET Council.
411	719		The Executive Director shall ensure that the final
412	720		report is provided to all members of the Council. The
413	721		Council shall review and make recommendations
414	722		concerning the report at the first meeting of the
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415	750		Council to occur after all members of the Council have
416	751		received the report. The Council may, by majority
417	752		vote:
418		-
419	753		(1) order additional information be provided,
420		-
421	754		(2) order confirmation of the opinion of the
422	755		Executive Director, or
423		-
424	756		(3) order authorization of the entity.
425		-
426	757		C. 1. Payment of any fee provided for in this section may be
427	758		made by a nationally recognized credit or debit card issued to the
428	759		applicant. The Council may publicl y post and collect a fee for the
429	760		acceptance of the nationally recognized credit or debit card not to
430	761		exceed five percent (5%) of the amount of the payment. For purposes
431	762		of this subsection, "nationally recognized credit card " means any
432	763		instrument or device, whether known as a credit card, credit plate,
433	764		charge plate, or by any other name, issued with or without fee by an
434	765		issuer for the use of the cardholder in obtaining goods, services,
435	766		or anything else of value and which is accepted by over one thousand
436	767		merchants in this state. "Debit card" means an identification card
437	768		or device issued to a person by a business organization which
438	769		permits such person to obtain access to or activate a consumer
439	770		banking electronic facility. The Council shall determine which
440	771		nationally recognized credit or deb it cards will be accepted as
441	772		payment for fees.
442	773
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443	800		2. Payment for any fee provided for in this title may be made
444	801		by a business check. The Council may:
445		-
446	802		a. add an amount equal to the amount of the service
447	803		charge incurred, not t o exceed three percent (3%) of
448	804		the amount of the check as a service charge for the
449	805		acceptance and verification of the check, or
450		-	ENR. H. B. NO. 3998 Page 11
451	806		b. add an amount of no more than Five Dollars ($5.00) as
452	807		a service charge for the acceptance and verification
453	808		of a check. For purposes of this subsection,
454	809		"business check" shall not mean a money order,
455	810		cashier's check, or bank-certified check.
456		-
457	811		D. Failure of the Legislature to appropriate necessary funds to
458	812		provide for expenses and operations of the Council on Law
459	813		Enforcement Education and Training shall not inva lidate other
460	814		provisions of this section relating to the creation and duties of
461	815		the Council.
462		-
463	816		E. 1. No person shall be eligible for employment as a peace
464	817		officer or reserve peace officer until the employing law enforcement
465	818		agency has conducted a background investigation of such person
466	819		consisting of the following:
467		-
468	820		a. a fingerprint search submitted to the Oklahoma State
469	821		Bureau of Investigation with a return report to the
470	822		submitting agency that such person has no felony
471	823		record,
472	824
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473	851		b. a fingerprint search submitte d to the Federal Bureau
474	852		of Investigation with a return report to the
475	853		submitting agency that such person has no felony
476	854		record,
477		-
478	855		c. such person has undergone psychological evaluation by
479	856		a psychologist licensed by the State of Oklahoma and
480	857		has been evaluated t o be suitable to serve as a peace
481	858		officer in the State of Oklahoma,
482		-
483	859		d. the employing agency has verified that such person has
484	860		a high school diploma or a GED equivalency certificate
485	861		as recognized by state law,
486		-
487	862		e. such person is not participating in a deferr ed
488	863		sentence agreement for a felony, a crime involving
489	864		moral turpitude or a crime of domestic violence, and
490	865		does not have any criminal charges pending in any
491	866		court in this state, another state, in tribal court or
492	867		pursuant to the United States Code,
493		-	ENR. H. B. NO. 3998 Page 12
494	868		f. such person is not currently subject to an order of
495	869		the Council revoking, suspending, or accepting a
496	870		voluntary surrender of peace officer certification,
497		-
498	871		g. such person is not currently undergoing treatment for
499	872		a mental illness, condition or disorder. For purpo ses
500	873		of this subsection, "currently undergoing treatment
501	874		for mental illness, condition or disorder " means the
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502	902		person has been diagnosed by a licensed physician,
503	903		psychologist, or licensed mental health professional
504	904		as being afflicted with a substantial disor der of
505	905		thought, mood, perception, psychological orientation
506	906		or memory that significantly impairs judgment,
507	907		behavior, capacity to recognize reality, or ability to
508	908		meet the ordinary demands of life and such condition
509	909		continues to exist,
510		-
511	910		h. such person is twenty-one (21) years of age.
512	911		Provided, this requirement shall not affect those
513	912		persons who are already employed as a police or peace
514	913		officer prior to November 1, 1985, and
515		-
516	914		i. such person has provided proof of United States
517	915		citizenship or resident alien stat us, pursuant to an
518	916		employment eligibility verification form from the
519	917		United States Citizenship and Immigration Services.
520		-
521	918		2. To aid the evaluating psychologist in interpreting the test
522	919		results including automated scoring an d interpretations, the
523	920		employing agency shall provide the psychologist a statement
524	921		confirming the identity of the individual taking the test as the
525	922		person who is employed or seeking employment as a peace officer of
526	923		the agency and attesting that it administered the psychological
527	924		instrument in accordance with standards within the test document.
528	925		The psychologist shall report to the employing agency the evaluation
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529	953		of the assessment instrument and may include any additional
530	954		recommendations to assist the employi ng agency in determining
531	955		whether to certify to the Council on Law Enforcement Education and
532	956		Training that the person being evaluated is suitable to serve as a
533	957		peace officer in this state. No additional procedures or
534	958		requirements shall be imposed for performance of the psychological
535	959		evaluation. The psychological instrument utilized shall be
536	960		evaluated by a psychologist licensed by the State of Oklahoma, and
537	961		the employing agency shall certify to the Council that the
538		-	evaluation was conducted in ~~accor dance with~~ this provision and that ~~ENR. H. B. NO. 3998 Page 13~~
	962	+	evaluation was conducted in accordance wit h this provision and that
539	963		the employee or applicant is suitable to serve as a peace officer in
540	964		this state.
541		-
542	965		a. Any person found not to be suitable for employment or
543	966		certification by the Council shall not be employed,
544	967		retained in employment as a peace officer, or
545	968		certified by the Council fo r at least one (1) year, at
546	969		which time the employee or applicant may be
547	970		reevaluated by a psychologist licensed by the State of
548	971		Oklahoma. This section shall also be applicable to
549	972		all reserve peace officers in this state.
550		-
551	973		b. Any person who is certified by C LEET and has undergone
552	974		the psychological evaluation required by this
553	975		subparagraph and has been found to be suitable as a
554	976		peace officer shall not be required to be reevaluated
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555	1004		for any subsequent employment as a peace officer
556	1005		following retirement or any brea k in service as a
557	1006		peace officer, unless such break in service exceeds
558	1007		five (5) years or the Council determines that a peace
559	1008		officer may present a danger to himself or herself,
560	1009		the public, or a family or household member.
561		-
562	1010		c. All persons seeking certificatio n shall have their
563	1011		name, gender, date of birth, and address of such
564	1012		person submitted to the Department of Mental Health
565	1013		and Substance Abuse Services by the Council. The
566	1014		Department of Mental Health and Substance Abuse
567	1015		Services shall respond to the Council within ten (10)
568	1016		days whether the computerized records of the
569	1017		Department indicate the applicant has ever been
570	1018		involuntarily committed to an Oklahoma state mental
571	1019		institution. In the event that the Department of
572	1020		Mental Health and Substance Abuse Services re ports to
573	1021		the Council that the applicant has been involuntarily
574	1022		committed, the Council shall immediately inform the
575	1023		employing agency.
576		-
577	1024		All basic police courses shall include a minimum of four (4)
578	1025		hours of education and training in recognizing and managing a person
579	1026		appearing to require mental health treatment or services. The
580	1027		training shall include training in crime and drug prevention, crisis
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581	1055		intervention, youth and family intervention techniques, recognizing,
582		-	investigating and ~~preventi ng~~ abuse and ~~exploitation~~ of elderly ~~ENR. H. B. NO. 3998 Page 14~~
	1056	+	investigating and preventing abuse and exploitat ion of elderly
583	1057		persons, mental health issues, and criminal jurisdiction on
584	1058		Sovereign Indian Land.
585		-
586	1059		Subject to the availability of funding, for full -time salaried
587	1060		police or peace officers a basic police course academy shall consist
588	1061		of a minimum of six hundre d (600) hours.
589		-
590	1062		For reserve deputies a basic reserve academy shall consist of a
591	1063		minimum of two hundred forty (240) hours.
592		-
593	1064		3. Beginning January 1, 2018, any reserve peace officer who has
594	1065		completed the two-hundred-forty-hour reserve peace officer
595	1066		certification program and who has been in active service in that
596	1067		capacity for the past six (6) months shall be eligible to attend a
597	1068		three-hundred-sixty-hour basic full-time training academy to become
598	1069		certified as a full-time peace or police officer.
599		-
600	1070		4. Every person who has not been certified as a police or peace
601	1071		officer and is duly appointed or elected as a police or peace
602	1072		officer shall hold such position on a temporary basis only, and
603	1073		shall, within six (6) months from the date of app ointment or taking
604	1074		office, qualify as required in this subsection or forfeit such
605	1075		position. In computing the time for qualification, all service
606	1076		shall be cumulative from date of first appointment or taking office
607	1077		as a police or peace officer with any department in this state.
608	1078
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609	1105		a. The Council may extend the time requirement specified
610	1106		in this paragraph for good cause as determined by the
611	1107		Council.
612		-
613	1108		b. A duty is hereby imposed upon the employing agency to
614	1109		withhold payment of the compensation or wage of such
615	1110		unqualified officer.
616		-
617	1111		c. If the police or peace officer fails to forfeit the
618	1112		position or the employing agency fails to require the
619	1113		officer to forfeit the position, the district attorney
620	1114		shall file the proper action to cause the forfeiting
621	1115		of such position. The district court of the county
622	1116		where the officer is employed shall have jurisdiction
623	1117		to hear the case.
624		-
625	1118		5. The Council may certify officers who have completed a course
626	1119		of study in another state deemed by the Council to meet standards
627		-	for Oklahoma peace ~~officers provid ing~~ the officer's certification in ~~ENR. H. B. NO. 3998 Page 15~~
	1120	+	for Oklahoma peace offi cers providing the officer 's certification in
628	1121		the other state has not been revoked or voluntarily surrendered and
629	1122		is not currently under suspension.
630		-
631	1123		6. For purposes of this section, a police or peace officer is
632	1124		defined as a full-time duly appointed or elected officer who is paid
633	1125		for working more than twenty -five (25) hours per week and whose
634	1126		duties are to preserve the public peace, protect life and property,
635	1127		prevent crime, serve warrants, transport prisoners, and enforce laws
636	1128		and ordinances of this state, or any political subdivision ther eof;
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637	1156		provided, elected sheriffs and their deputies and elected,
638	1157		appointed, or acting chiefs of police shall meet the requirements of
639	1158		this subsection within the first six (6) months after assuming the
640	1159		duties of the office to which they are elected or appoin ted or for
641	1160		which they are an acting chief; provided further, that this section
642	1161		shall not apply to persons designated by the Director of the
643	1162		Department of Corrections as peace officers pursuant to Section 510
644	1163		of Title 57 of the Oklahoma Statutes.
645		-
646	1164		F. No person shall be certified as a police or peace officer by
647	1165		the Council or be employed by the state, a county, a city, or any
648	1166		political subdivision thereof, who is currently subject to an order
649	1167		of the Council revoking, suspending, or accepting a voluntary
650	1168		surrender of peace officer certification or who has been convicted
651	1169		of a felony, a crime involving moral turpitude, or a crime of
652	1170		domestic violence, unless a full pardon has been granted by the
653	1171		proper agency; however, any person who has been trained and
654	1172		certified by the Council on Law Enforcement Education and Training
655	1173		and is actively employed as a full -time peace officer as of November
656	1174		1, 1985, shall not be subject to the provisions of this subsection
657	1175		for convictions occurring prior to November 1, 1985.
658		-
659	1176		G. 1. The Council is hereby authorized to provide to any
660	1177		employing agency the following information regarding a person who is
661	1178		or has applied for employment as a police or peace officer of such
662	1179		employing agency:
663	1180
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664	1207		a. Oklahoma State Bureau of Investigation and Feder al
665	1208		Bureau of Investigation reports,
666		-
667	1209		b. administration of the psychological tests provided for
668	1210		herein,
669		-
670	1211		c. performance in the course of study or other basis of
671	1212		certification,
672		-	ENR. H. B. NO. 3998 Page 16
673	1213		d. previous certifications issued, and
674		-
675	1214		e. any administrative or judicial determinat ion denying
676	1215		certification.
677		-
678	1216		2. An employing agency shall not be liable in any action
679	1217		arising out of the release of contents of personnel information
680	1218		relevant to the qualifications or ability of a person to perform the
681	1219		duties of a police or peace officer wh en such information is
682	1220		released pursuant to written authorization for release of
683	1221		information signed by such person and is provided to another
684	1222		employing agency which has employed or has received an application
685	1223		for employment from such person.
686		-
687	1224		3. As used in this subsection, "employing agency" means a
688	1225		political subdivision or law enforcement agency which either has
689	1226		employed or received an employment application from a person who, if
690	1227		employed, would be subject to this section.
691		-
692	1228		H. 1. A law enforcement agency employing police or peace
693	1229		officers in this state shall report the hiring, resignation, or
694	1230		termination for any reason of a police or peace officer to the
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695	1258		Council within ten (10) days. Failure to comply with the provisions
696	1259		of this subsection may disqualify a law enforcement agency from
697	1260		participating in training programs sponsored by the Council. Every
698	1261		law enforcement agency employing police or peace officers in this
699	1262		state shall submit to CLEET on or before October 1 of each calendar
700	1263		year a complete list of all commissioned employees with a current
701	1264		mailing address and phone number for each such employee. In
702	1265		addition to the above, CLEET may impose an administrative fine for
703	1266		violations of this section.
704		-
705	1267		2. A tribal law enforcement agency that has peace officer s
706	1268		commissioned by an Oklahoma law enforcement agency pursuant to a
707	1269		cross-deputization agreement with the State of Oklahoma or any
708	1270		political subdivision of the State of Oklahoma pursuant to the
709	1271		provisions of Section 1221 of Title 74 of the Oklahoma Statutes
710	1272		shall report the commissioning, resignation, or termination of
711	1273		commission for any reason of a cross -deputized tribal police or
712	1274		peace officer to CLEET within ten (10) days of the commissioning,
713	1275		resignation, or termination. Failure to comply with the provi sions
714	1276		of this subsection may disqualify a tribal law enforcement agency
715	1277		from participating in training programs sponsored by the Council.
716		-	ENR. H. B. NO. 3998 Page 17
717	1278		I. It is unlawful for any person to willfully make any
718	1279		statement in an application t o CLEET knowing the statement is false
719	1280		or intentionally commit fraud in any application to the Council for
720	1281		attendance in any CLEET -conducted or CLEET-approved peace officer
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721	1309		academy or Collegiate Officer Program or for the purpose of
722	1310		obtaining peace officer certification or reinstatement. It is
723	1311		unlawful for any person to willfully submit false or fraudulent
724	1312		documents relating to continuing education rosters, transcripts or
725	1313		certificates, or any canine license application. Any person
726	1314		convicted of a violation of this subsection shall be guil ty of a
727	1315		felony punishable by imprisonment in the Department of Corrections
728	1316		for a term of not less than two (2) years nor more than five (5)
729	1317		years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
730	1318		or by both such fine and imprisonment. In addit ion to the above,
731	1319		CLEET may impose an administrative fine.
732		-
733	1320		J. 1. A police or peace officer shall be subject to
734	1321		disciplinary action to include a denial, suspension, revocation or
735	1322		acceptance of voluntary surrender of peace officer certification
736	1323		upon a showing of clear and convincing evidence for the following:
737		-
738	1324		a. conviction of a felony or a crime of domestic
739	1325		violence,
740		-
741	1326		b. conviction of a misdemeanor involving moral turpitude;
742	1327		provided, if the conviction is a single isolated
743	1328		incident that occurred more than f ive (5) years ago
744	1329		and the Council is satisfied that the person has been
745	1330		sufficiently rehabilitated, the Council may, in its
746	1331		discretion, certify such person providing that all
747	1332		other statutory requirements have been met,
748	1333
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749	1360		c. a verdict of guilt or entry of a p lea of guilty or
750	1361		nolo contendere or an "Alford" plea or any plea other
751	1362		than a not guilty plea for a felony offense, a crime
752	1363		of moral turpitude, or a crime of domestic violence,
753		-
754	1364		d. falsification or a willful misrepresentation of
755	1365		information in an employment application or
756	1366		application to the Council on Law Enforcement
757	1367		Education and Training, records of evidence, or in
758	1368		testimony under oath,
759		-
760	1369		e. revocation or voluntary surrender of police or peace
761		-	officer certification ~~i n~~ another state for a violation ~~ENR. H. B. NO. 3998 Page 18~~
	1370	+	officer certification in another state for a violation
762	1371		of any law or rule or in settlement of any
763	1372		disciplinary action in such state,
764		-
765	1373		f. involuntary commitment of a reserve or peace officer
766	1374		in a mental institution or licensed private mental
767	1375		health facility for any mental illness, condition or
768	1376		disorder that is diagnosed b y a licensed physician,
769	1377		psychologist or a licensed mental health professional
770	1378		as a substantial disorder of thought, mood,
771	1379		perception, psychological orientation, or memory that
772	1380		significantly impairs judgment, behavior, capac ity to
773	1381		recognize reality, or abil ity to meet the ordinary
774	1382		demands of life. Provided, the peace officer
775	1383		certification may be reinstated upon the Council
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776	1411		receiving notification of a psychological evaluation
777	1412		conducted by a licensed physician, psychologist or
778	1413		licensed mental health professio nal which attests and
779	1414		states by affidavit that the officer and the
780	1415		evaluation test data of the officer have been examined
781	1416		and that, in the professional opinion of the
782	1417		physician, psychologist or licensed mental health
783	1418		professional, the officer is psychologi cally suitable
784	1419		to return to duty as a peace officer. Notwithstanding
785	1420		any other provision of state law pertaining to
786	1421		confidentiality of hospital or other medical records,
787	1422		and as allowable under federal law, CLEET may subpoena
788	1423		or request a court to subpoena records necessary to
789	1424		assure compliance with these provisions. Any
790	1425		confidential information received by CLEET for such
791	1426		purpose shall retain its confidential character while
792	1427		in the possession of CLEET,
793		-
794	1428		g. abuse of office,
795		-
796	1429		h. entry of a final order of prote ction against applicant
797	1430		or officer, or
798		-
799	1431		i. any violation of the Oklahoma Private Security
800	1432		Licensing Act.
801		-
802	1433		2. Disciplinary proceedings shall be commenced by filing a
803	1434		complaint with the Council on a form approved by the Council. Any
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804	1462		employing agency or other person having information may submit such
805	1463		information to the Council for consideration as provided in this
806		-	subsection. ENR. H. B. NO. 3998 Page 19
807		-
	1464	+	subsection.
808	1465		3. Upon the filing of the complaint, a preliminary
809	1466		investigation shall be conducted to determine wheth er:
810		-
811	1467		a. there is reason to believe the person has violated any
812	1468		provision of this subsection or any other provision of
813	1469		law or rule, or
814		-
815	1470		b. there is reason to believe the person has been
816	1471		convicted of a felony, a crime involving moral
817	1472		turpitude or a domestic violence offense or is
818	1473		currently participating in a deferred sentence for
819	1474		such offenses.
820		-
821	1475		4. When the investigation of a complaint does not find the
822	1476		person has violated any of the provisions of this subsection, or
823	1477		finds that the person is sufficiently rehabi litated as provided in
824	1478		subparagraph b or f of paragraph 1 of this subsection, no
825	1479		disciplinary action shall be required and the person shall remain
826	1480		certified as a police or peace officer. When the investigation of a
827	1481		complaint finds that the person has violated any of the provisions
828	1482		of this subsection, the matter shall be referred for disciplinary
829	1483		proceedings. The disciplinary proceedings shall be in accordance
830	1484		with Articles I and II of the Administrative Procedures Act.
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831	1511
832	1512		5. The Council shall revoke the cer tification of any person
833	1513		upon determining that such person has been convicted of a felony or
834	1514		a crime involving moral turpitude or a domestic violence offense or
835	1515		has entered a plea of guilty, or nolo contendere or an "Alford" plea
836	1516		or any plea other than a not guilty plea for a felony offen se, a
837	1517		crime of moral turpitude or a crime of domestic violence or is the
838	1518		respondent in a final victim protective order; provided, that if the
839	1519		conviction has been reversed, vacated or otherwise invalidated by an
840	1520		appellate court, such conviction shall not be the basis for
841	1521		revocation of certification; provided further, that any person who
842	1522		has been trained and certified by the Council on Law Enforcement
843	1523		Education and Training and is actively employed as a full -time peace
844	1524		officer as of November 1, 1985, shall no t be subject to the
845	1525		provisions of this subsection for convictions occurring prior to
846	1526		November 1, 1985. The sole issue to be determined at the hearing
847	1527		shall be whether the person has been convicted of a felony, a crime
848	1528		involving moral turpitude or a domest ic violence offense or is the
849	1529		named respondent/defendant in a final victim protective order.
850		-	ENR. H. B. NO. 3998 Page 20
851	1530		6. The Council shall revoke the certification of any person
852	1531		upon determining that such person has received a deferred sentence
853	1532		for a felony, a crime involving mor al turpitude or a domestic
854	1533		violence offense.
855		-
856	1534		7. The Council may suspend the certification of any person upon
857	1535		a determination that such person has been involuntarily committed to
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858	1563		a mental institution or mental health facili ty for a mental illness,
859	1564		condition or disorder as provided in subparagraph f of paragraph 1
860	1565		of this subsection.
861		-
862	1566		8. Every law enforcement agency in this state shall, within
863	1567		thirty (30) days of a final order of termination or resignation
864	1568		while under investigation of a CLEET -certified peace officer, report
865	1569		such order or resignation in writing to the Executive Director of
866	1570		the Council. Any report, upon receipt by the Council, shall be
867	1571		considered as personnel records and shall be afforded confidential
868	1572		protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
869	1573		Oklahoma Statutes. Any medical or other confidential records
870	1574		obtained by subpoena pursuant to this subsection shall not be made a
871	1575		part of such report. The Executive Director shall ensure that the
872	1576		report is provided to all members of the Council. The Council shall
873	1577		review and make recommendations concerning the report at the first
874	1578		meeting of the Council to occur after all members of the Council
875	1579		have received the report. The Council may, by a majori ty vote,
876	1580		order the suspension, fo r a given period of time, or revocation of
877	1581		the CLEET certification of the peace officer in question if there
878	1582		are grounds for such actions pursuant to this section and the peace
879	1583		officer in question has been provided with notice and an opportunity
880	1584		for a hearing pursuant to the Administrative Procedures Act.
881	1585		Suspension or revocation of CLEET certification pursuant to this
882	1586		paragraph shall be reported to the district attorney for the
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883	1614		jurisdiction in which the peace officer was e mployed, to the
884	1615		liability insurance company of the law enforcement agency that
885	1616		employed the peace officer, the chief elected official of the
886	1617		governing body of the law enforcement agency and the chief law
887	1618		enforcement officer of the law enforcement agency.
888		-
889	1619		9. For all other violations of th is subsection, the hearing
890	1620		examiner shall take into consideration the severity of the
891	1621		violation, any mitigating circumstances offered by the person
892	1622		subject to disciplinary action, and any other evidence relevant to
893	1623		the person's character to determine the a ppropriate disciplinary
894	1624		action.
895		-	ENR. H. B. NO. 3998 Page 21
896	1625		10. a. A police or peace officer may voluntarily surrender
897	1626		and relinquish the peace officer certification to
898	1627		CLEET. Pursuant to such surrender or relinquishment,
899	1628		the person surrendering the certification shall be
900	1629		prohibited from applying to CLEET for reinstatement
901	1630		within five (5) years of the date of the surrender or
902	1631		relinquishment, unless otherwise provided by law for
903	1632		reinstatement.
904		-
905	1633		b. No person who has had a police or peace officer
906	1634		certification from another state revoked or
907	1635		voluntarily surrendered and has not been reinstated by
908	1636		that state shall be considered for certification by
909	1637		CLEET.
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910	1664
911	1665		c. Any person seeking reinstatement of police or peace
912	1666		officer certification which has been suspended,
913	1667		revoked, or voluntarily surrendered may apply for
914	1668		reinstatement pursuant to promulgated CLEET rules
915	1669		governing reinstatement. Except as provided in this
916	1670		subsection, any person whose certification has been
917	1671		revoked, suspended or voluntarily surrendered for any
918	1672		reason including failure to compl y with mandatory
919	1673		education and training requirements, shall pay a
920	1674		reinstatement fee of One Hundred Fifty Dollars
921	1675		($150.00) to be deposited to the credit of the Peace
922	1676		Officer Revolving Fund created pursuant to Section
923	1677		3311.7 of this title.
924		-
925	1678		11. A duty is hereby imposed upon the district attorney who, on
926	1679		behalf of the State of Oklahoma, prosecutes a person holding police
927	1680		or peace officer or reserve peace officer certification for a
928	1681		felony, a crime involving moral turpitude, or a crime of domestic
929	1682		violence in which a plea of guilty, nolo contendere, or an "Alford"
930	1683		plea or any other plea other than a not guilty plea or other finding
931	1684		of guilt is entered by, against or on behalf of a certified police
932	1685		or peace officer to report such plea, agreement, or other findin g of
933	1686		guilt to the Council on Law Enforcement Education and Training
934	1687		within ten (10) days of such plea agreement or the finding of guilt.
935	1688
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936	1715		12. Any person or agency required or authorized to submit
937	1716		information pursuant to thi s section to the Council shall be immune
938	1717		from liability arising from the submission of the information as
939	1718		long as the information was submitted in good faith and without
940		-	malice. ENR. H. B. NO. 3998 Page 22
941		-
	1719	+	malice.
942	1720		13. Any peace officer employed by a law enforcement agency in
943	1721		this state which has internal discipline policie s and procedures on
944	1722		file with CLEET shall be exempt from the disciplinary proceedings
945	1723		and actions provided for in this subsection; provided, however, such
946	1724		exemption shall not apply if the peace officer has been convicted of
947	1725		a felony crime, a crime of moral turpitude, or a crime of domestic
948	1726		violence.
949		-
950	1727		14. All criminal proceedings initiated against a CLEET -
951	1728		certified peace officer or reserve peace officer shall be reported
952	1729		by the officer to CLEET immediately after arrest or discovery of the
953	1730		filing of such criminal proceeding. All CLEET -certified peace
954	1731		officers and reserve peace officers shall be required to report when
955	1732		a victim protective order has been issued against the officer
956	1733		including orders issued on an emergency basis an d all final orders
957	1734		of protection. Failure to give notice pursuant to the provisions of
958	1735		this paragraph may be cause to initiate an action against the
959	1736		officer by CLEET.
960		-
961	1737		15. As used in this subsection:
	1738	+
	1739	+	SENATE FLOOR VERSION - HB3998 SFLR Page 35
	1740	+	(Bold face denotes Committee Amendments) 1
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962	1764
963	1765		a. "law enforcement agency " means any department or
964	1766		agency of the state, a county, a mun icipality, or
965	1767		political subdivision thereof, with the duties to
966	1768		maintain public order, make arrests, and enforce the
967	1769		criminal laws of this state or municipal ordinances,
968	1770		which employs CLEET-certified personnel,
969		-
970	1771		b. "final order of termination" means a final notice of
971	1772		dismissal from employment provided after all
972	1773		grievance, arbitration, and court actions have been
973	1774		completed, and
974		-
975	1775		c. "resignation while under investigation " means the
976	1776		resignation from employment of a peace officer who is
977	1777		under investigation for an y felony violation of law, a
978	1778		crime of moral turpitude, a crime of domestic
979	1779		violence, or the resignation from employment of a
980	1780		peace officer as part of an arbitration or plea
981	1781		agreement.
982		-
983	1782		K. 1. Every canine team in the state trained to detect
984	1783		controlled dangerous substances shall be certified, by test, in the
985		-	detection of such ~~co ntrolled~~ dangerous substances and shall be ~~ENR. H. B. NO. 3998 Page 23~~
	1784	+	detection of such controlled dangerous substances and shall be
986	1785		recertified annually so long as the canine is used for such
987	1786		detection purposes. The certification test and annual
988	1787		recertification test prov isions of this subsection shall not be
989	1788		applicable to canines that are owned by a law enforcement agency and
	1789	+
	1790	+	SENATE FLOOR VERSION - HB3998 SFLR Page 36
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990	1816		that are certified and annually recertified in the detection of
991	1817		controlled dangerous substances by the United State s Customs
992	1818		Service. No employee o f CLEET may be involved in the training or
993	1819		testing of a canine team.
994		-
995	1820		2. The Council shall appoint a Drug Dog Advisory Council to
996	1821		make recommendations concerning minimum standards, educational
997	1822		needs, and other matters imperative to the certification of can ines
998	1823		and canine teams trained to detect controlled dangerous substances.
999	1824		The Council shall promulgate rules based upon the recommendations of
1000	1825		the Advisory Council. Members of the Advisory Council shall
1001	1826		include, but need not be limited to, a commissioned officer with
1002	1827		practical knowledge of such canines and canine teams from each of
1003	1828		the following:
1004		-
1005	1829		a. the Oklahoma State Bureau of Narcotics and Dangerous
1006	1830		Drugs Control,
1007		-
1008	1831		b. the Department of Public Safety,
1009		-
1010	1832		c. a police department,
1011		-
1012	1833		d. a sheriff's office, and
1013		-
1014	1834		e. a university or college campus police department.
1015		-
	1835	+	3. The fee for the certification test shall be Two Hundred
	1836	+	Dollars ($200.00) and the annual recertification test fee shall be
	1837	+	One Hundred Dollars ($100.00) per canine team. A retest fee of
	1838	+	Fifty Dollars ($50.00) will be charged if the team fails the test.
	1839	+	No such fee shall be charged to any local, state or federal
	1840	+
	1841	+	SENATE FLOOR VERSION - HB3998 SFLR Page 37
	1842	+	(Bold face denotes Committee Amendments) 1
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	1866	+
	1867	+	government agency. The fees provided for in this paragraph shall be
	1868	+	deposited to the credit of the CLEET Fund created pursuant to
	1869	+	Section 1313.2 of Title 20 of the Oklahoma Statutes.
	1870	+	L. 1. Every canine team in the state trained to detect
	1871	+	explosives, explosive materials, explosive devices, and materials
	1872	+	which could be used to construct an explosive device shall b e
	1873	+	certified, by test, in the dete ction of such explosives and
	1874	+	materials and shall be recertified annually so long as the canine is
	1875	+	used for such detection purposes. The certification test and annual
	1876	+	recertification test provisions of this subsection shall not be
	1877	+	applicable to canines tha t are owned by a law enforcement agency if
	1878	+	such canines are certified and annually recertified in the detection
	1879	+	of explosives and materials by the United States Department of
	1880	+	Defense. No employee of CLEET may be involved i n the training or
	1881	+	testing of a canine team.
	1882	+	2. The Council shall appoint a Bomb Dog Advisory Council to
	1883	+	make recommendations concerning minimum standards, educational
	1884	+	needs, and other matters imperative to the certification of canines
	1885	+	and canine teams trained to detect explosives, explos ive materials,
	1886	+	explosive devices and materials which could be used to construct an
	1887	+	explosive device. The Council shall promulgate rules based upon the
	1888	+	recommendations of the Advisory Council. Members of the Advisory
	1889	+	Council shall include, but need not be limited to, a commissioned
	1890	+
	1891	+	SENATE FLOOR VERSION - HB3998 SFLR Page 38
	1892	+	(Bold face denotes Committee Amendments) 1
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	1916	+
	1917	+	officer with practical knowledge of such canines and canine teams
	1918	+	from each of the following:
	1919	+	a. the Department of Public Safety,
	1920	+	b. a police department,
	1921	+	c. a sheriff's office, and
	1922	+	d. a university or college campus police depart ment.
1016	1923		3. The fee for the certification test shall be Two Hundred
1017	1924		Dollars ($200.00) and the annual recertification test fee shall be
1018	1925		One Hundred Dollars ($100.00) per canine team. A retest fee of
1019	1926		Fifty Dollars ($50.00) wil l be charged if the team fails th e test.
1020	1927		No such fee shall be charged to any local, state or federal
1021	1928		government agency. The fees provided for in this paragraph shall be
1022	1929		deposited to the credit of the CLEET Fund created pursuant to
1023	1930		Section 1313.2 of Title 20 of the Oklahoma Statutes.
1024		-
1025		-	L. 1. Every canine team in the state trained to detect
1026		-	explosives, explosive materials, explosive devices, and materials
1027		-	which could be used to constru ct an explosive devic e shall be
1028		-	certified, by test, in the detection of such explosives and
1029		-	materials and shall be recertified a nnually so long as the canine is
1030		-	used for such detection purposes . The certification test and annu al ENR. H. B. NO. 3998 Page 24
1031		-	recertification test provi sions of this subsect ion shall not be
1032		-	applicable to canines that are owned by a law enforcement agency if
1033		-	such canines are certi fied and annually recertified in the detection
1034		-	of explosives and materials by the United States Dep artment of
1035		-	Defense. No employee of CLEET may be i nvolved in the training or
1036		-	testing of a canine team.
1037		-
1038		-	2. The Council shall appoint a Bomb Dog Advisory Cou ncil to
1039		-	make recommendations concerning minimum standards, educational
1040		-	needs, and other matters impe rative to the certification o f canines
1041		-	and canine teams trained to detect explosives, explosive materials,
1042		-	explosive devices and materials which could be us ed to construct an
1043		-	explosive device. The Council shall promulgate rules based upon the
1044		-	recommendations of the Advisory Council . Members of the Advis ory
1045		-	Council shall include, but need not be limited to, a commissioned
1046		-	officer with practical knowledge of such canines and canine teams
1047		-	from each of the following:
1048		-
1049		-	a. the Department of Public Safety,
1050		-
1051		-	b. a police department,
1052		-
1053		-	c. a sheriff's office, and
1054		-
1055		-	d. a university or college campus police department.
1056		-
1057		-	3. The fee for the certification test shall be Two Hundred
1058		-	Dollars ($200.00) and the annual recertification test fee shall be
1059		-	One Hundred Dollars ($100.00) p er canine team. A retest fee of
1060		-	Fifty Dollars ($50.00) will be charged if the team fails the test.
1061		-	No such fee shall be charged to any local, state o r federal
1062		-	government agency. The fees provided for in this paragraph shall be
1063		-	deposited to the credit of the CLEET Fund created pursu ant to
1064		-	Section 1313.2 of Title 20 of the Oklahoma Statutes.
1065		-
1066	1931		M. All tribal police officers of any Indian tribe or nation who
1067	1932		have been commissioned by an Oklahoma law enforcement agency
1068	1933		pursuant to a cross-deputization agreement with the State of
1069	1934		Oklahoma or any political subdivision o f the State of Oklahoma
1070	1935		pursuant to the provisions of Section 1221 of Title 74 of the
1071	1936		Oklahoma Statutes shall be eligible for peace officer certification
1072	1937		under the same terms and conditions required of members of the law
1073	1938		enforcement agencies of the State of Oklahoma and its political
1074	1939		subdivisions. CLEET shall issue peace officer certification to
1075		-	tribal police officers who, as of July 1, 2003, are commissioned by ENR. H. B. NO. 3998 Page 25
	1940	+	tribal police officers who, as of July 1, 2003, are commissioned by
	1941	+
	1942	+	SENATE FLOOR VERSION - HB3998 SFLR Page 39
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	1967	+
1076	1968		an Oklahoma law enforcement agency pursuant to a cross -deputization
1077	1969		agreement with the State of Oklahoma or any political subdiv ision of
1078	1970		the State of Oklahoma pursuant to the provisions of Section 1221 of
1079	1971		Title 74 of the Oklahoma Statutes and have met the training and
1080	1972		qualification requirements of this section.
1081		-
1082	1973		N. If an employing law enforcement agency in this state has
1083	1974		paid for CLEET training and the salary of a person while that person
1084	1975		is completing in this state a basic police course approved by the
1085	1976		Council and if within one (1) year after initial employment with the
1086	1977		original employing agency the date the person is commissioned with
1087	1978		the law enforcement agency that person resigns and is hired by
1088	1979		another law enforcement agency in this state, the second law
1089	1980		enforcement agency or the person receiving the training shall
1090	1981		reimburse the original employing law enforcement agency for the cost
1091	1982		of CLEET training and salary paid to the person while completing the
1092	1983		basic police course by the original employing law enforcement
1093	1984		agency. If the person leaves the original employing law enforcement
1094	1985		agency later than one (l) year, but less than two (2 ) years, after
1095	1986		the initial employment date the person is commissioned with the law
1096	1987		enforcement agency, the second law enforcement agency or the person
1097	1988		receiving the training shall reimburse the original employing law
1098	1989		enforcement agency fifty percent (50%) of the cost of CLEET training
1099	1990		and salary paid to the person while completing the basic police
	1991	+
	1992	+	SENATE FLOOR VERSION - HB3998 SFLR Page 40
	1993	+	(Bold face denotes Committee Amendments) 1
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	2016	+	24
	2017	+
1100	2018		course by the original employing law enforcement agency. CLEET
1101	2019		shall not be a party to any court action based on this provision.
1102		-
1103	2020		O. The Council on Law Enforceme nt Education and Training, in
1104	2021		its discretion, may waive all or part of any moneys due to the
1105	2022		Council, if deemed uncollectable by the Council.
1106		-
1107	2023		P. Peace officers, reserve peace officers, tribal peace
1108	2024		officers, agencies, bail enforcers, security guards and p rivate
1109	2025		investigators shall maintain with the Council current mailing
1110	2026		addresses and shall notify the Council, in writing, of any change of
1111	2027		address or name. Notification of change of name shall require
1112	2028		certified copies of an y marriage license or other court document
1113	2029		which reflects the change of name. Notice of change of address or
1114	2030		telephone number must be made within ten (10) days of the effected
1115	2031		change. Notices shall not be accepted over the phone. In any
1116	2032		proceeding in which the Council is required to se rve notice or an
1117	2033		order on an individual or an agency, the Council may send a letter
1118	2034		to the mailing address on file with the Council. If the letter is
1119	2035		returned and a notation of the U.S. Postal Service indicates
1120		-	"unclaimed", or "moved", or "refused" or any other nondelivery ~~ENR. H. B. NO. 3998 Page 26~~
	2036	+	"unclaimed", or "moved", or "refused" or any other nondelivery
1121	2037		markings and the records of the Council indicate that no change of
1122	2038		address as required by this subsection has been received by the
1123	2039		Council, the notice and any subsequent notices or orders shall be
1124	2040		deemed by the Court as having been legal ly served for all purposes.
	2041	+
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	2043	+	(Bold face denotes Committee Amendments) 1
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1125	2067
1126	2068		Q. All CLEET records of Bail Enforcers bail enforcers may be
1127	2069		released only in compliance with this section and the Bail
1128	2070		Enforcement and Licensing Act. All records in CLEET possession
1129	2071		concerning other persons or entities shall be released only in
1130	2072		compliance with this section and the Oklahoma Open Records Act.
1131		-
1132	2073		SECTION 2. This act shall become effective November 1, 2024.
1133		-	ENR. H. B. NO. 3998 Page 27
1134		-	Passed the House of Representatives the 12th day of March, 2024.
1135		-
1136		-
1137		-
1138		-
1139		-	Presiding Officer of the House
1140		-	of Representatives
1141		-
1142		-
1143		-
1144		-	Passed the Senate the 16th day of April, 2024.
1145		-
1146		-
1147		-
1148		-
1149		-	Presiding Officer of the Senate
1150		-
1151		-
1152		-	OFFICE OF THE GOVERNOR
1153		-	Received by the Office of the Governor this ____________________
1154		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1155		-	By: _________________________________
1156		-	Approved by the Governor of the State of Oklahoma this _____ ____
1157		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1158		-
1159		-
1160		-	_________________________________
1161		-	Governor of the State of Oklahoma
1162		-
1163		-	OFFICE OF THE SECRETARY OF STATE
1164		-	Received by the Office of the Secretary of State this __________
1165		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1166		-	By: _________________________________
1167		-
	2074	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	2075	+	March 28, 2024 - DO PASS