An Act
ENROLLED HOUSE
BILL NO. 3998 By: Fetgatter of the House
and
Paxton of the Senate
An Act relating to law enforcement education and
training; amending 70 O.S. 2021, Section 33 11, as
amended by Section 3, Chapter 272, O.S.L. 2023 (70
O.S. Supp. 2023, Section 3311), which relates to the
Council on Law Enforcement Education and Training ;
clarifying education and training reimbursement
requirements; and providing an effective date.
SUBJECT: Law enforcement education and training
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, as
amended by Section 3, Chapter 272, O.S.L. 2023 (70 O.S. Supp. 2023,
Section 3311), is amended to read as follo ws:
Section 3311. A. There is hereby created a Council on Law
Enforcement Education and Training which shall be, and is hereby
declared to be, a governmental law enforcement agency of the State
of Oklahoma, body politic and corporate, with powers of gove rnment
and with the authority to exercise the rights, privileges and
functions necessary to ensure the professiona l training and
continuing education of law enforcement officers i n this state.
These rights, privileges and functions include, but are not limited
to, those specified in Sections 3311 through 3311.15 of this title
and in the Oklahoma Security G uard and Private Investigator Act and
the Bail Enforcement and Licensing Act . The Council shall be
authorized to require agency employees and the employees of agency
contractors in positions to have access to Oklahoma Peace Officer
records, Oklahoma Security Guard and Private Investigator records ,
Bail Enforcement and Licensing Act r ecords, to be subject to a ENR. H. B. NO. 3998 Page 2
criminal history search by the Oklahoma State Bureau of
Investigation, as well as be fingerprinted for submission of the
fingerprints through the Oklahoma State Bureau of Investigation to
the Federal Bureau of Investigation for a national criminal history
check. The Council shall be the recipient of the results of the
record check. In accordance with Section 150.9 of Title 74 of the
Oklahoma Statutes, this includes a national criminal record with a
finger print analysis . The Council shall be composed of thirteen
(13) members as follows:
1. The Commissioner of the Department of Public Safety, or
designee;
2. The Director of the Okl ahoma State Bureau of Narcotics and
Dangerous Drugs Control, or designee;
3. The Director of the Oklahoma State Bureau of Investigation,
or designee;
4. One member appointed by the Governor who shall be a law
enforcement administrator representing a trib al law enforcement
agency;
5. One member appointed by the Governor who shall be a chief of
police of a municipality with a population over one hundred thousand
(100,000), as determined by the latest Federal Decennial Census;
6. One member appointed by th e Board of Directors of the
Oklahoma Sheriffs' Association who shall be a sheriff of a county
with a population under twenty-five thousand (25,000), as determined
by the latest Federal Decennial Census;
7. One member appointed by the Oklahoma Association of Chiefs
of Police who shall be a chief of police representing a municipality
with a population over ten thousand (10,000), as determined by the
latest Federal Decennial Census;
8. One member shall be appointed by the Board of Directors of
the Oklahoma Sheriffs' Association who shall be a sheriff of a
county with a population of twenty -five thousand (25,000) or more,
as determined by the latest Federal Decennial Census;
9. One member appointed by the Board of Directors of the
Fraternal Order of Police who s hall have experience as a training
officer; ENR. H. B. NO. 3998 Page 3
10. One member appointed by the Chancellor of Higher Education
who shall be a representative of East Central University;
11. One member appointed by the Board of Directors of the
Oklahoma Sheriffs and Peace Off icers Association who shall be a
full-time law enforcement officer in good standing with CLEET wit hin
a county with a population under fifty thousand (50,000);
12. The President Pro Tempore of the Oklahoma State Senate
shall appoint one member from a list of three or mo re nominees
submitted by a statewide organization representing cities and towns
that is exempt from taxation under federal law and designated
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 170(a); and
13. The Speaker of the Oklahoma House of Representatives shall
appoint one member from a list of three or more nominees submitted
by an organization that assists in the establishment of
accreditation standards and training programs for law enforcement
agencies throughout this state.
The Executive Director selected by the Council shall be an ex
officio member of the Council and shall act as Secretary. The
Council on Law Enforcement Education and Training shall select a
chair and vice-chair from among its members. Members of the Council
on Law Enforcement Education and Training shall not receive a salary
for duties performed as members of the Council, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of Council duties pursuant to the provi sions of the
State Travel Reimbursement Act.
B. The Council on Law Enforcement Education and T raining is
hereby authorized and direct ed to:
1. Appoint a larger Advisory Council to discuss problems and
hear recommendations concerning necessary research, m inimum
standards, educational needs, and other matters imperative to
upgrading Oklahoma law en forcement to professional status;
2. Promulgate rules with respect to such matters as
certification, revocation, suspension, withdrawal and reinstatement
of certification, minimum courses of study, testing and test scores,
attendance requirements, equipm ent and facilities, minimum
qualifications for instructors, minimum standards for basic and ENR. H. B. NO. 3998 Page 4
advanced in-service courses, and seminars for Oklahoma police and
peace officers;
3. Authorize research, basic and advanced courses, and seminars
to assist in program planning directly and through subcomm ittees;
4. Authorize additional staff and services necessary for
program expansion;
5. Recommend legislation necessary t o upgrade Oklahoma law
enforcement to professional status;
6. Establish policies and reg ulations concerning the number,
geographic and police unit distribution, and admission requirements
of those receiving tuition or scholarship aid available through the
Council. Such waiver of costs shall be limited to duly appointed
members of legally con stituted local, county, and state law
enforcement agencies on the basis of educational and financial need;
7. Appoint an Executive Director to direct the staff, inform
the Council of compliance with the provisions of this sectio n and
perform such other duties impo sed on the Council by law . An
Executive Director appointed by the Council must qualify for the
position with a bachelor or higher degree in law enforcement from an
accredited college or university, or a bachelor or high er degree in
a law-enforcement-related subject area, and a minimum of f ive (5)
years of active law enforcement experience including, b ut not
limited to, responsibility for enforcement, investigation,
administration, training, or curriculum implementation.
The Executive Director of the Counc il on Law Enforcement
Education and Training may hire an Assistant Director to perform
such duties as directed by the Executive Director.
The Executive Director of the Council on Law Enforcement
Education and Training m ay commission CLEET staff as peace o fficers
for purposes consistent with the duties of CLEET as set out in state
law. The powers and duties conferred on the Executive Director or
any staff member appointed by the Executive Director as a peace
officer shall not limit the powers and duties of other peace
officers of this state o r any political subdivision thereof. The
Executive Director or any staff member appointed by the Executive
Director as a peace officer may, upon request, assist any federal,
state, county or municipal law enforcement a gency;
ENR. H. B. NO. 3998 Page 5
8. Enter into contracts and a greements for the payment of
classroom space, food, and lodging expenses as may be necessary for
law enforcement officers attending any official course of
instruction approved or con ducted by the Council. Such expenses may
be paid directly to the contract ing agency or business
establishment. The food and lodging exp enses for each law
enforcement officer shall not exceed the authorized rates as
provided for in the State Travel Reimbu rsement Act; provided,
however, the Council may provide food and lodging t o law enforcement
officials attending any official course of in struction approved or
conducted by the Council rather than paying for the provision of
such food and lodging by an outs ide contracting agency or business
establishment;
9. a. Certify canine teams, consisting of a dog and a
handler working together as a tea m, trained to detect:
(1) controlled dangerous substances, or
(2) explosives, explosive materials, explosive
devices, or materials which could be used t o
construct an explosive device;
provided, the dog of a certified canine team shall not
be certified at any time as both a drug dog and a bomb
dog, and any dog of a certified canine team who has
been previously certifie d as either a drug dog or a
bomb dog shall not be eligible at any time to be
certified in the other category.
b. Upon retiring the dog from t he service it was
certified to perform, the law enforcement department
that handled the dog shall retain possessio n of the
dog. The handler shall hav e first option of adopting
the dog. If that option is not exercised, the law
enforcement department shall provide for its adoption.
Once adopted the dog shall not be placed back into
active service;
10. Enter into a lease, loan or other agreement with the
Oklahoma Development Finance Authority o r a local public trust for
the purpose of facilitating the fina ncing of a new facility for its
operations and use and pledge, to the extent authorized by law, all
or a portion of its receipts of the assessment pe nalty herein
referenced for the payment of i ts obligations under such lease, loan ENR. H. B. NO. 3998 Page 6
or other agreement. It is the intent of the Legislature to increase
the assessment penalty to such a level or appropriate sufficient
monies to the Council on Law Enforcement Education and Training to
make payments on the lease, loan or other agreement for the purpose
of retiring the bonds to be issued by the Oklahoma Development
Finance Authority or local public trust . Such lease, loan or other
agreement and the bonds issued to finance such facilities shall not
constitute an indebtedness of this state or be backed by the full
faith and credit of this state, and the lease, loan or other
agreement and the bonds shall contain a statement to such effect;
11. Accept gifts, bequests, devises, contributions and grants,
public or private, of real or personal property;
12. Appoint an advisory committee composed of representatives
from security guard and private investigative agencies to advise the
Council concerning necessary resea rch, minimum standards for
licensure, education, and other matters related to licensure of
security guards, security guard agencies, private investigators, and
private investigative agencies;
13. Enter into agreements with individuals, educational
institutions, agencies, and business and tribal entities for
professional services, the use of facilities and suppli es, and staff
overtime costs incurred as a result of the user 's requests to
schedule functions after -hours, on weekends, or anytime such
requests extend staff beyond its normal capacity, whereby
contracting individuals, educational institutions, agencies, and
business and tribal entities shall pay a fee to be determined by the
Council by rule. All fees collected pursuant to facilities usage
shall be deposited to the credit of the C.L.E.E.T. Training Center
Revolving Fund created pursuant to Section 3311.6 of this title.
All other fees collected pursuant to these agreeme nts shall be
deposited to the credit of the Peace Officer Revolving Fund created
pursuant to Section 3311.7 of this title. The Council is authorized
to promulgate emergency rules to effectu ate the provisions of this
paragraph;
14. Promulgate rules to es tablish a state firearms
requalification standard for active peace officers and meet any
requirements imposed on the Council by the federal Law Enforcement
Officers Safety Act of 2004;
15. Set minimal criteria relating to qualifications for chief
of police administrative training pursuant to Section 34 -102 of ENR. H. B. NO. 3998 Page 7
Title 11 of the Oklahom a Statutes, assist in developing a course of
training for a Police Chief Administrative School, and approve all
police chief administrative training offered in this state;
16. Appoint a Curriculum Review Board to be composed of six (6)
members as follows:
a. one member shall be selected by the Chancellor for
Higher Education, who possesses a background of
creation and review of curriculum and experience
teaching criminal just ice or law enforcement courses,
who shall serve an initial term of one (1) year,
b. one member shall represent a municipal jurisdiction
with a population of fifty thousand (50,000) or more
and who shall be a management-level CLEET-certified
training officer, who shall serve an initial term of
two (2) years,
c. one member shall repre sent a county jurisdiction with
a population of fifty thousand (50,000) or more and
who shall be a management -level CLEET-certified
training officer, who shall serve an initial term of
three (3) years,
d. one member shall represent a municipal jurisdiction
with a population of less than fifty thousand (50,000)
and who shall be a CLEET-certified training officer,
who shall serve an initial term of two (2) years,
e. one member shall represent a county jurisdiction with
a population of less than fifty thousan d (50,000) and
who shall be a CLEET-certified training officer, who
shall serve an initial term of one (1) year, and
f. one member selected by the Oklahoma Department of
Career and Technology, who shall have experience in
the creation and review of curric ulum as well as
experience in teaching criminal justice or law
enforcement courses, who shall serve an initial term
of three (3) years.
After the initial terms of office, all members shall be
appointed to serve three -year terms. Any member may be reappoi nted
to serve consecutive terms. Members shall serve without ENR. H. B. NO. 3998 Page 8
compensation, but may be reimbursed for travel expenses p ursuant to
the State Travel Reimbursement Act. The Board shall review and
establish curriculum for all CLEET academies and training cour ses
pursuant to procedures established by the Council on Law Enforcement
Education and Training;
17. Conduct review and verification of any records relating to
the statutory duties of CLEET;
18. Receive requested reports including investigative reports ,
court documents, statements, or other applicable information from
local, county and state agencies and other agencies f or use in
actions where a certification or license issued by CLEET may be
subject to disciplinary or other actions provided by law;
19. Summarily suspend a certification of a peace officer,
without prior notice but otherwise subject to administrative
proceedings, if CLEET finds that the actions of the certified peace
officer may present a danger to the peace officer, the public, a
family or household member, or involve a crime against a minor. A
certified copy of the information or indictment charging suc h a
crime shall be considered clear and convincing evidence of the
charge; and
20. Approve law enforcement agencies and police depar tments in
accordance with the following:
a. this section applies only to an entity authorized by
statute or by the Constitu tion to create a law
enforcement agency or police department and
commission, appoint, or employ officers that first
creates or reactivates an inactive law enforcement
agency or police department and first begins to
commission, appoint, or employ officers o n or after
November 1, 2011,
b. the entity shall submit to CLEET, a minimum of sixty
(60) days prior to creation of the law enforce ment
agency or police department, information regarding:
(1) the need for the law enforcement agency or police
department in the community,
(2) the funding sources for the law enforcement
agency or police department, and proof that no ENR. H. B. NO. 3998 Page 9
more than fifty percent (50%) of the fu nding of
the entity will be derived from ticket revenue or
fines,
(3) the physical resources available to o fficers,
(4) the physical facilities that the law enforcement
agency or police department will operate
including descriptions o f the evidence room,
dispatch area, restroom facilities, and public
area,
(5) law enforcement policies of the law enforcement
agency or police department including published
policies on:
(a) use of force,
(b) vehicle pursuit,
(c) mental health,
(d) professional conduct of offic ers,
(e) domestic abuse,
(f) response to missing persons,
(g) supervision of part-time officers, and
(h) impartial policing,
(6) the administrative structure of the law
enforcement agency or police department,
(7) liability insurance, and
(8) any other information CLEET requires by rule,
c. within sixty (60) days of receiving an entity's
request, CLEET will for ward to the entity by certified
mail, return receipt requested, a letter of
authorization or denial to create a la w enforcement
agency or police depa rtment and commission, appoint, ENR. H. B. NO. 3998 Page 10
or employ officers, signed by the Executive Director
of CLEET, and
d. in cases of denial, the entity may appeal the decision
of the Executive Director to the full CLEET Council .
The Executive Director shall ensure that the final
report is provided to all members of the Council. The
Council shall review and make recommendations
concerning the report at the first meeting of the
Council to occur after all members of the Council have
received the report. The Council may, by ma jority
vote:
(1) order additional information be provided,
(2) order confirmation of the opinion of the
Executive Director, or
(3) order authorization of the entity.
C. 1. Payment of any fee provided for in this se ction may be
made by a nationally recogn ized credit or debit card issued to the
applicant. The Council may publicly post and collect a fee for the
acceptance of the nationally recognized credit or debit card not to
exceed five percent (5%) of the amount o f the payment. For purposes
of this subsection, "nationally recognized credit card" means any
instrument or device, whether known as a credit card , credit plate,
charge plate, or by any other name, issued with or without fee by an
issuer for the use of th e cardholder in obtaining goods, service s,
or anything else of value and which is accepted by over one thousand
merchants in this state . "Debit card" means an identification card
or device issued to a person by a business organization which
permits such person to obtain access to or activate a consumer
banking electronic facility. The Council shall determine which
nationally recognized credit or de bit cards will be accepted as
payment for fees.
2. Payment for any fee provided for in this title may be ma de
by a business check. The Council may:
a. add an amount equal to the amount of the service
charge incurred, not to exceed three percent (3%) of
the amount of the check as a service charge for the
acceptance and verification of the check, or
ENR. H. B. NO. 3998 Page 11
b. add an amount of no more than Five Dollars ($5.00) as
a service charge for the acceptance and verification
of a check. For purposes of this subsection,
"business check" shall not mean a money order,
cashier's check, or bank-certified check.
D. Failure of the Legislature to appropriate necessary funds to
provide for expenses and operations of the Council on Law
Enforcement Education and Training shall not inv alidate other
provisions of this section relating to the creation and duties of
the Council.
E. 1. No person shall be eligible for employment as a peace
officer or reserve peace officer until the employing law enforcement
agency has conducted a backgroun d investigation of such person
consisting of the following:
a. a fingerprint search submitted to the Ok lahoma State
Bureau of Investigation with a return report to the
submitting agency that such person has no felony
record,
b. a fingerprint search submitt ed to the Federal Bureau
of Investigation with a return report to the
submitting agency that such pers on has no felony
record,
c. such person has undergone psychological evaluation by
a psychologist licensed by the State of Oklahoma and
has been evaluated to be suitable to serve as a peace
officer in the State of Oklahoma ,
d. the employing agency has ver ified that such person has
a high school diploma or a GED equivalency certificate
as recognized by state law,
e. such person is not participating in a defer red
sentence agreement for a felony, a crime involving
moral turpitude or a crime of domestic viole nce, and
does not have any criminal charges pending in any
court in this state, another state, in tribal court or
pursuant to the United States Code,
ENR. H. B. NO. 3998 Page 12
f. such person is not currently subject to an order of
the Council revoking, suspending, or accepting a
voluntary surrender of peace officer certific ation,
g. such person is not currently undergoing treatment for
a mental illness, condition or disorder . For purposes
of this subsection, "currently undergoing treatment
for mental illness, condition or disorde r" means the
person has been diagnosed by a licensed physician,
psychologist, or licensed mental health professional
as being afflicted with a substantial diso rder of
thought, mood, perception, psychological orientation
or memory that significantly impairs judgment,
behavior, capacity to recognize r eality, or ability to
meet the ordinary demands of life and such condition
continues to exist,
h. such person is twenty-one (21) years of age.
Provided, this requirement shall not affect those
persons who are already employed as a police or peace
officer prior to November 1, 1985, and
i. such person has provided proof of United States
citizenship or resident alien sta tus, pursuant to an
employment eligibility verification form from the
United States Citizenship and Immigration Services.
2. To aid the evaluating psychologist in interpreting the test
results including automated scoring and interpretations, the
employing agency shall provide the psychologist a statement
confirming the identity of the individual t aking the test as the
person who is employed or seeking employment as a peace officer of
the agency and attesting that it administered the psychological
instrument in accordance with standards within the test document.
The psychologist shall report to the employing agency the evaluation
of the assessment instrument and may include any additional
recommendations to assist the employing agency in determining
whether to certify to the Council on Law Enforcement Education and
Training that the person being eva luated is suitable to serve as a
peace officer in this state. No additional procedures or
requirements shall be imposed for performance of the psychologic al
evaluation. The psychological instrument utilized shall be
evaluated by a psychologist licensed b y the State of Oklahoma, and
the employing agency shall certify to the Council that the
evaluation was conducted in accor dance with this provision and that ENR. H. B. NO. 3998 Page 13
the employee or applicant is suitable to serve as a peace officer i n
this state.
a. Any person found not to be suitable for employment or
certification by the Council shall not be empl oyed,
retained in employment as a peace officer, or
certified by the Council for at least one (1) year, at
which time the employee or applicant may be
reevaluated by a psy chologist licensed by the State of
Oklahoma. This section shall also be applicable t o
all reserve peace officers in this state.
b. Any person who is certified by CLEET and has undergone
the psychological evaluation required by this
subparagraph and has been found to be suitable as a
peace officer shall not be required to be reevaluated
for any subsequent employment as a peace officer
following retirement or any break in service as a
peace officer, unless such break in service exceeds
five (5) years or the Council determines that a peace
officer may present a danger to himself or herself,
the public, or a family or household member.
c. All persons seeking certification shall have their
name, gender, date of birth, and address of such
person submitted to the Department of Mental Health
and Substance Abuse Services by the Council. The
Department of Mental He alth and Substance Abuse
Services shall respond to the Council within ten (10)
days whether the computerized records of the
Department indicate the applicant has ever been
involuntarily committed t o an Oklahoma state mental
institution. In the event that the Department of
Mental Health and Subst ance Abuse Services reports to
the Council that the applicant has been involuntarily
committed, the Council shall immediately inform the
employing agency.
All basic police courses shall include a minimum of four (4)
hours of education and training in recog nizing and managing a person
appearing to require mental health treatment or services . The
training shall include training in crime and drug prevention, c risis
intervention, youth and family intervention techniques , recognizing,
investigating and preventi ng abuse and exploitation of elderly ENR. H. B. NO. 3998 Page 14
persons, mental health issues, and criminal jurisdiction on
Sovereign Indian Land.
Subject to the availability of funding, for full-time salaried
police or peace officers a basic police course academy shall consist
of a minimum of six hundred (600) hours.
For reserve deputies a basic reserve academy shall consist of a
minimum of two hundred forty (240) hours.
3. Beginning January 1, 2018, any reserve pe ace officer who has
completed the two-hundred-forty-hour reserve peace officer
certification program and who has been in active service in that
capacity for the past six (6) months shall be eligible to attend a
three-hundred-sixty-hour basic full-time training academy to become
certified as a full-time peace or police offi cer.
4. Every person who has not been certified as a police or peace
officer and is duly appointed or elected as a police or peace
officer shall hold such position on a temporary basis on ly, and
shall, within six (6) months from the date of appointment or taking
office, qualify as required in this subsection or forfeit such
position. In computing the tim e for qualification, all service
shall be cumulative from date of first appointment or taking office
as a police or peace officer with any department in this state.
a. The Council may extend the time requirement specified
in this paragraph for good cause a s determined by the
Council.
b. A duty is hereby imposed upon the employing agency to
withhold payment of the com pensation or wage of such
unqualified officer.
c. If the police or peace officer fails to forfeit the
position or the employing agency fails to require the
officer to forfeit the position, the district attorney
shall file the proper action to cause the for feiting
of such position. The district court of the county
where the officer is employed shall have jurisdiction
to hear the case.
5. The Council may certify officers who have completed a course
of study in another state deemed by the Council to meet st andards
for Oklahoma peace officers provid ing the officer's certification in ENR. H. B. NO. 3998 Page 15
the other state has not been revoked or voluntarily surrendered and
is not currently under suspension.
6. For purposes of this section, a police or peac e officer is
defined as a full-time duly appointed or elected office r who is paid
for working more than twenty-five (25) hours per week and whose
duties are to preserve t he public peace, protect life and property,
prevent crime, serve warrants, transport p risoners, and enforce law s
and ordinances of this state, or any poli tical subdivision thereof;
provided, elected sheriffs and their deputies and elected,
appointed, or acting chiefs of police shall meet the requirements of
this subsection within the first six (6) months after assu ming the
duties of the office to which they are elected or appointed or for
which they are an acting chief; provided further, that this section
shall not apply to persons designated by the Director of the
Department of Corrections as peace officers pursuan t to Section 510
of Title 57 of the Oklahom a Statutes.
F. No person shall be certified as a police or peace officer by
the Council or be employ ed by the state, a county, a city, or any
political subdivision thereof, who is current ly subject to an order
of the Council revoking, suspending, or accep ting a voluntary
surrender of peace officer certification or who has been convicted
of a felony, a crime involving moral turpitude, or a crime of
domestic violence, unless a full pardon ha s been granted by the
proper agency; however, any person who has bee n trained and
certified by the Council on Law Enforcement Education and Training
and is actively empl oyed as a full-time peace officer as of November
1, 1985, shall not be subject to the p rovisions of this subsec tion
for convictions occurring prior to Nove mber 1, 1985.
G. 1. The Council is hereby authorized to provide to any
employing agency the follow ing information regarding a person who is
or has applied for employment as a police or p eace officer of such
employing agency:
a. Oklahoma State Bureau of I nvestigation and Federal
Bureau of Investigation reports,
b. administration of the psychological t ests provided for
herein,
c. performance in the course of study or other basis of
certification,
ENR. H. B. NO. 3998 Page 16
d. previous certifications issued, and
e. any administrative or judicial determination denying
certification.
2. An employing agency shall not be liable i n any action
arising out of the release of contents of personnel information
relevant to the qualifications or ability of a person to perform the
duties of a police or peace officer when such information is
released pursuant to written authorization for re lease of
information signed by such person and is provided to another
employing agency which h as employed or has received an application
for employment from such person.
3. As used in this subsection, "employing agency" means a
political subdivision or l aw enforcement agency which either has
employed or received an employment application from a pe rson who, if
employed, would be subject to this section.
H. 1. A law enforcement agency employing police or peace
officers in this state shall report the hiri ng, resignation, or
termination for any reason of a police or peace officer to the
Council within ten (10) days. Failure to comply with the provisions
of this subsection may disqualify a law enforcement agency from
participating in training programs spons ored by the Council. Every
law enforcement agency employing police or peace officers in this
state shall submit to CLEET on or before October 1 of each calendar
year a complete list of all commissioned employees with a current
mailing address and phone nu mber for each such employee. In
addition to the above, CLEET may impose an administrative fine for
violations of this section.
2. A tribal law enforcement agency that has peace officers
commissioned by an Oklahoma law enforcement agency pursuant to a
cross-deputization agreement with the State of Oklahoma or any
political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma Statutes
shall report the commissioning, resignation, or terminati on of
commission for any reason of a cross-deputized tribal police or
peace officer to CLEET within ten (10) days of the commissioning,
resignation, or term ination. Failure to comply with the provisions
of this subsection may disqualify a tribal law enfor cement agency
from participating in training programs sponsored by the Council.
ENR. H. B. NO. 3998 Page 17
I. It is unlawful for any p erson to willfully make any
statement in an appl ication to CLEET kno wing the statement is false
or intentionally commit fraud in any application to the Council for
attendance in any CLEET-conducted or CLEET-approved peace officer
academy or Collegiate Offi cer Program or for the purpose of
obtaining peace officer certificat ion or reinstatement. It is
unlawful for any person to willfully submit false o r fraudulent
documents relating to continuing education rosters, transcripts or
certificates, or any canine license application. Any person
convicted of a violation of this su bsection shall be guilty of a
felony punishable by imprisonment in the Departmen t of Corrections
for a term of not less than two (2) years nor more than five (5)
years, or by a fine not ex ceeding Two Thousand Dollars ($2,000.00),
or by both such fine and i mprisonment. In addition to the above,
CLEET may impose an administrative fine.
J. 1. A police or peace officer shall be subject to
disciplinary action to include a denial, suspension, revocation or
acceptance of voluntary surrender of peace officer cer tification
upon a showing of clear and convincing evidence for the following:
a. conviction of a felony or a crime of domestic
violence,
b. conviction of a misdemeanor involving moral turp itude;
provided, if the conviction is a single i solated
incident that occurred more than five (5) years ago
and the Council is satisfied that the pe rson has been
sufficiently rehabilitated, the Council may, in its
discretion, certify such person providing that all
other statutory requirements have been met,
c. a verdict of guilt or entry of a plea of guilty or
nolo contendere or an "Alford" plea or any plea other
than a not guilty plea for a felony offense, a crime
of moral turpitude, or a crime of domestic violence,
d. falsification or a willful misrepr esentation of
information in an employment application or
application to the Council on Law Enforcem ent
Education and Training, records of evidence, or in
testimony under oath,
e. revocation or voluntary surr ender of police or peace
officer certification i n another state for a violation ENR. H. B. NO. 3998 Page 18
of any law or rule or in settlement of any
disciplinary action in su ch state,
f. involuntary commitment of a reserve or peace officer
in a mental institution or licensed privat e mental
health facility for any mental illness, condition or
disorder that is diagnosed by a licensed physician,
psychologist or a licensed mental health professional
as a substantial disorder of thought, mood,
perception, psychological orientation, or me mory that
significantly impairs judgment, behavi or, capacity to
recognize reality, or ability to meet the ordinary
demands of life. Provided, the peace officer
certification may be reinstated upon the Council
receiving notification of a psychological eval uation
conducted by a licensed physician, psycho logist or
licensed mental health professional which attests and
states by affidavit that the officer and the
evaluation test data of the officer have been examined
and that, in the professional opinion of the
physician, psychologist or licensed mental heal th
professional, the officer is psychologically suitable
to return to duty as a peace officer. Notwithstanding
any other provision of state law pertaining to
confidentiality of hospital or other medical reco rds,
and as allowable under federal law, CLEET m ay subpoena
or request a court to subpoena records necessary to
assure compliance with these provisi ons. Any
confidential information received by CLEET for such
purpose shall retain its confidential characte r while
in the possession of CLEET,
g. abuse of office,
h. entry of a final order of protection against applicant
or officer, or
i. any violation of the Oklahoma Private Se curity
Licensing Act.
2. Disciplinary proceedings shall be commenced by filing a
complaint with the Council on a form approved by t he Council. Any
employing agency or other person having information may submit such
information to the Council for consider ation as provided in this
subsection. ENR. H. B. NO. 3998 Page 19
3. Upon the filing of the complaint, a prelim inary
investigation shall b e conducted to determine whether:
a. there is reason to believe the person has violated any
provision of this subsection or any other provision o f
law or rule, or
b. there is reason to believe the person has been
convicted of a felony, a crime involving mo ral
turpitude or a domestic violence offe nse or is
currently participating in a deferred sentence for
such offenses.
4. When the investigation o f a complaint does not find the
person has violated any of the provisions of this subsection, or
finds that the person is sufficient ly rehabilitated as provided in
subparagraph b or f of paragraph 1 of this subsection, no
disciplinary action shall be requi red and the person shall remain
certified as a police or peace officer . When the investigation of a
complaint finds that the person has violated any of the provisions
of this subsection, the matter shall be referred for disciplinary
proceedings. The disciplinary proceedings shall be in accordance
with Articles I and II of the Administ rative Procedures Act.
5. The Council shall revoke the certification of any person
upon determining that such person has been convicted of a felony or
a crime involving mora l turpitude or a domestic violence offense or
has entered a plea of guilty, or no lo contendere or an "Alford" plea
or any plea other than a not guilty plea for a felony offense, a
crime of moral turpitude or a crime of domestic violence or is the
respondent in a final victim protective order; provided, that if the
conviction has been rev ersed, vacated or otherwise invalidated by an
appellate court, such conviction shall not be the basis for
revocation of certification; provided further, that any person who
has been trained and certified by the Council on Law Enf orcement
Education and Training and is actively employe d as a full-time peace
officer as of November 1, 1985, shall not be subject to the
provisions of this subsection for convictions occurring prior to
November 1, 1985. The sole issue to be determined at the hearing
shall be whether the person has been convi cted of a felony, a c rime
involving moral turpitude or a domestic violence offense or is the
named respondent/defendant in a final victim protective order.
ENR. H. B. NO. 3998 Page 20
6. The Council shall revoke the certification of any person
upon determining that such person has r eceived a deferred se ntence
for a felony, a crime involving moral turpitude or a domestic
violence offense.
7. The Council may suspend the certification of any person upon
a determination that such person has been involuntaril y committed to
a mental institution or mental heal th facility for a mental illness,
condition or disorder as provided in subparagraph f of paragraph 1
of this subsection.
8. Every law enforcement agency in this state shall, within
thirty (30) days of a fi nal order of termination or r esignation
while under investigation of a CLEET-certified peace officer, report
such order or resignation in writing to the Executive Director of
the Council. Any report, upon receipt by the Council, shall be
considered as personnel records and shall be a fforded confidential
protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
Oklahoma Statutes. Any medical or other confidential records
obtained by subpoena pursuant to this subsection shall not be made a
part of such report. The Executive Director shall ensure that the
report is provided to all members of the Council. The Council shall
review and make recommendations concerning the report at the first
meeting of the Council to occur after all members of the Coun cil
have received the report . The Council may, by a majority vote,
order the suspension, for a given period of time, or revocation of
the CLEET certification of the peace officer in qu estion if there
are grounds for such actions pursuant to this section a nd the peace
officer in question has been provided with notice and an opportunity
for a hearing pursuant to the Administrative Procedures Act.
Suspension or revocation of CLEET certifi cation pursuant to this
paragraph shall be reported to the district att orney for the
jurisdiction in which the peace offi cer was employed, to the
liability insurance company of the law enforcement agency that
employed the peace officer, the chief elected o fficial of the
governing body of the law enforcement agency and the chi ef law
enforcement officer of the law enforcement agency.
9. For all other violations of this subsection, the hearing
examiner shall take into consideration the severity of the
violation, any mitigating circumstances offered by the person
subject to disciplinary action, and any other evidence relevant to
the person's character to determine the appropriate disciplinary
action.
ENR. H. B. NO. 3998 Page 21
10. a. A police or peace officer may voluntarily surrender
and relinquish the peace officer certification to
CLEET. Pursuant to such surrender or relinquishment ,
the person surrendering the certification shall be
prohibited from applying to CLEET for reinstatement
within five (5) years of the date of the surrende r or
relinquishment, unless otherwise provided by law for
reinstatement.
b. No person who has had a po lice or peace officer
certification from another state revoked or
voluntarily surrendered and has not been reinstated by
that state shall be considered f or certification by
CLEET.
c. Any person seeking reinstatement of police o r peace
officer certification which has been suspe nded,
revoked, or voluntarily surrendered may apply for
reinstatement pursuant to promulgated CLEET rules
governing reinstatement . Except as provided in this
subsection, any person whose certification has been
revoked, suspended or vo luntarily surrendered for any
reason including failure to comply with mandatory
education and training requirements, shall pay a
reinstatement fee of On e Hundred Fifty Dollars
($150.00) to be deposited to the credit of the Peac e
Officer Revolving Fund crea ted pursuant to Secti on
3311.7 of this title.
11. A duty is hereby imposed upon the district attorney who, on
behalf of the State of Oklahoma, prosecutes a person holding police
or peace officer or reserve peace officer certif ication for a
felony, a crime involving moral turp itude, or a crime of domestic
violence in which a plea of guilty, nolo contendere, or an "Alford"
plea or any other plea other tha n a not guilty plea or other finding
of guilt is entered by, against or on b ehalf of a certified police
or peace officer to report such plea, agreement, or other finding of
guilt to the Council on Law Enforcement Education and Training
within ten (10) days of such plea agreement or the finding of guilt.
12. Any person or agency r equired or authorized to subm it
information pursuant to this section to the Council shall be immune
from liability arising from the submission of the information as
long as the information was submitted in good faith and without
malice. ENR. H. B. NO. 3998 Page 22
13. Any peace officer employed by a law enforce ment agency in
this state which has internal discipline policies and procedures on
file with CLEET shall be exempt from the disciplinary proceedings
and actions provided for in this subsection; provided, however, such
exemption shall not apply if the peace officer has been con victed of
a felony crime, a crime of moral turpitude, or a crime of domestic
violence.
14. All criminal proceedings initiated against a CLEET-
certified peace officer or reserve peace officer shall be repor ted
by the officer to CLEET i mmediately after arre st or discovery of the
filing of such criminal proceeding. All CLEET-certified peace
officers and reserve peace officers shall be required to report when
a victim protective order has been issued against t he officer
including orders issued on an emergency basis and all final orders
of protection. Failure to give notice pursuant to the provisions of
this paragraph may be c ause to initiate an action against the
officer by CLEET.
15. As used in this subsecti on:
a. "law enforcement agenc y" means any department or
agency of the state, a county, a municipality, or
political subdivision thereof, with the duties to
maintain public order, make arrests, and enforce the
criminal laws of this state or municipal ordina nces,
which employs CLEET-certified personnel,
b. "final order of termination" means a final notice of
dismissal from employment provided after all
grievance, arbitration, and court actions have been
completed, and
c. "resignation while under investigation " means the
resignation from employment of a peace officer who is
under investigation for any felony violation of law, a
crime of moral turpitude, a crime of domestic
violence, or the resignation from employment of a
peace officer as part of an arbitration or plea
agreement.
K. 1. Every canine team in t he state trained to detect
controlled dangerous substances shall be certified, by test, in the
detection of such co ntrolled dangerous substances and shall be ENR. H. B. NO. 3998 Page 23
recertified annually so long as the canine is us ed for such
detection purposes. The certification test and annual
recertification test provisions of this subsection shall not be
applicable to canines that are own ed by a law enforcement agency and
that are certified and annually recertified in the detec tion of
controlled dangerous substances by the Uni ted States Customs
Service. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Drug Dog Advisory Council to
make recommendations concerning mi nimum standards, educational
needs, and other matt ers imperative to the certification of canines
and canine teams trained to detect controlled dangerous substances .
The Council shall promulgate rules based upon the recommendations of
the Advisory Council . Members of the Advisory Cou ncil shall
include, but need not be limited to, a commissioned officer with
practical knowledge of such canines and canine teams from e ach of
the following:
a. the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control,
b. the Department of Public Safety,
c. a police department,
d. a sheriff's office, and
e. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test f ee shall be
One Hundred Dollars ($100.00) per cani ne team. A retest fee of
Fifty Dollars ($50.00) will be charged if the team fails the test.
No such fee shall be charged to any local, state or federal
government agency. The fees provided for in this pa ragraph shall be
deposited to the credit of the CL EET Fund created pursuant to
Section 1313.2 of Title 20 of the Oklahoma Statutes.
L. 1. Every canine team in the state trained to detect
explosives, explosive materials, explosive devices, and materials
which could be used to constru ct an explosive devic e shall be
certified, by test, in the detection of such explosives and
materials and shall be recertified a nnually so long as the canine is
used for such detection purposes . The certification test and annu al ENR. H. B. NO. 3998 Page 24
recertification test provi sions of this subsect ion shall not be
applicable to canines that are owned by a law enforcement agency if
such canines are certi fied and annually recertified in the detection
of explosives and materials by the United States Dep artment of
Defense. No employee of CLEET may be i nvolved in the training or
testing of a canine team.
2. The Council shall appoint a Bomb Dog Advisory Cou ncil to
make recommendations concerning minimum standards, educational
needs, and other matters impe rative to the certification o f canines
and canine teams trained to detect explosives, explosive materials,
explosive devices and materials which could be us ed to construct an
explosive device. The Council shall promulgate rules based upon the
recommendations of the Advisory Council . Members of the Advis ory
Council shall include, but need not be limited to, a commissioned
officer with practical knowledge of such canines and canine teams
from each of the following:
a. the Department of Public Safety,
b. a police department,
c. a sheriff's office, and
d. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) p er canine team. A retest fee of
Fifty Dollars ($50.00) will be charged if the team fails the test.
No such fee shall be charged to any local, state o r federal
government agency. The fees provided for in this paragraph shall be
deposited to the credit of the CLEET Fund created pursu ant to
Section 1313.2 of Title 20 of the Oklahoma Statutes.
M. All tribal police officers of any Indian tribe or nation who
have been commissioned by an Oklahoma law enforcement agency
pursuant to a cross-deputization agreemen t with the State of
Oklahoma or any political subd ivision of the State of Oklahoma
pursuant to the provisions of Section 1221 of Title 74 of the
Oklahoma Statutes shall be eligible for peace officer certification
under the same terms and conditions require d of members of the law
enforcement agencies of the State of Oklahoma and its political
subdivisions. CLEET shall issue peace officer certification to
tribal police officers who, as of July 1, 2003, are commissioned by ENR. H. B. NO. 3998 Page 25
an Oklahoma law enforcement agency p ursuant to a cross-deputization
agreement with the State of Oklahoma or any political subdivision of
the State of Oklahoma pursuant to the provisions of Section 1221 of
Title 74 of the Oklahoma Statutes and have met the training and
qualification requireme nts of this section.
N. If an employing law enforcement agency in this state has
paid for CLEET training and the salary of a person while that person
is completing in this state a basic police course approved by the
Council and if within one (1) year afte r initial employment with the
original employing agency the date the person is commissioned with
the law enforcement agency that person resigns and is hired by
another law enforcement agency in this state, the second law
enforcement agency or the person receiving the training shall
reimburse the original employing law enforcement agency for the cost
of CLEET training and salary paid to the person while completing the
basic police course by the original employing law enforcement
agency. If the person leaves the original employing law enforcement
agency later than one (l) year, but less than two (2 ) years, after
the initial employment date the person is com missioned with the law
enforcement agency, the second law enforcement agency or the person
receiving the training shall reimburs e the original employing law
enforcement agency fifty percent (50%) of the cost of CLEET training
and salary paid to the person whil e completing the basic police
course by the origin al employing law enforcement agency. CLEET
shall not be a party to any court action based on this p rovision.
O. The Council on Law Enforcement Education and Training, in
its discretion, may waive all or part of any moneys due to the
Council, if deemed uncollectable by t he Council.
P. Peace officers, reserve peace offic ers, tribal peace
officers, agencies, bail enforcers, security guards and private
investigators shall maintain with the Council current mailing
addresses and shall notify the Council, in writing, of any ch ange of
address or name. Notification of change of name shall require
certified copies of any marriage license or other court document
which reflects the change of name. Notice of change of address or
telephone number must be made within ten (10) days of the effected
change. Notices shall not be accepte d over the phone. In any
proceeding in which the Council is required to serve notice or an
order on an individual or an agency, the Council may send a letter
to the mailing address on file with the Counci l. If the letter is
returned and a notation of the U.S. Postal Service indicates
"unclaimed", or "moved", or "refused" or any other nondelivery ENR. H. B. NO. 3998 Page 26
markings and the records of the Council indicate that no change of
address as required by this subsection has b een received by the
Council, the notice and any sub sequent notices or orders shall b e
deemed by the Court as having been legally served for all purposes.
Q. All CLEET records of Bail Enforcers bail enforcers may be
released only in compliance with this section and th e Bail
Enforcement and Licensing Act . All records in CLEET possession
concerning other persons or entities shall be released only in
compliance with this section and the Oklahoma Open Records Act.
SECTION 2. This act shall become effective November 1, 2024.
ENR. H. B. NO. 3998 Page 27
Passed the House of Representatives the 12th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 16th day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________