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SENATE FLOOR VERSION
February 28, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1407 By: Thompson (Roger)
An Act relating to the Department of Public Safety;
stating legislative findings; authorizing creation of
Oklahoma child abduction response teams; defining
terms; establishing multi-agency elements; requiring
certain deposits to the Department of Public Safety
Restricted Revolving Fund ; giving certain
authorizations to Commissioner of Public Safety;
authorizing Commissioner to establish certain
policies; establishing elements of committee
membership; establishing certain requirements of
response plans; requiring certain notice; authorizing
use of automated license plate readers ; mandating
certain training; making an appropriation ; providing
for noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma S tatutes reads as follows:
It is the finding of the Legislature that abduction is a serious
threat to the health and safety of minors in this state. The
immediate notification and response to a child abduction greatly
increases the chances of a positive outcome. Oklahoma child
abduction response teams (OCARTs) are being created to facilitate
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efficient, effective, and coordinated law enforcement and social
services responses to child abductions.
SECTION 2. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 2-140a of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Public Safety is hereby authorized to
create and administer Oklahoma child abduction response teams
(OCARTs) for the purposes of mitigating child endangerm ent.
B. For purposes of this sec tion:
1. “Commissioner” means the Commissioner of the Department of
Public Safety;
2. “Custodial child abduction” means the abduction of a child
under the age of eighteen (18) by a custodial parent where a
reasonable and articulable suspicion exists t hat the child is in
imminent danger;
3. “Missing child” means a child under the age of eighteen (18)
who is unaccounted for where a reasonable and articulable suspicion
exists that the child is in imminent danger;
4. “Non-custodial child abduction” means the abduction of a
child under the age of eighteen (18) by the non-custodial parent;
and
5. “Verified child abduction” means the confirmation of a
reasonable suspicion that a missing child or the victim of a
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custodial child abduction or non-custodial child abduction is in
imminent danger.
C. 1. a. The Commissioner shall create a network of Oklahoma
child abduction response teams in cooperation with
federal, state, tribal, county, and municipal law
enforcement agencies, and the appropriate social
services agencies. The Commissioner is authorized to
enter into agreements with any governmental agency,
private person or entity, or not-for-profit
organization to effec tuate the purposes of this act.
b. Each member agency of an OCART committee is
responsible for its own acts or omissions under The
Governmental Tort Claims Act, or otherwise under state
or federal law.
c. When activated pursuant to this section, member
agencies are exempt from the Oklahoma Central
Purchasing Act.
2. The Commissioner is authorized to accept contributions,
donations, and gifts in support of OCART programs. All monies
received by the Commissioner pur suant to this subsection shall be
deposited to the credit of the Department of Public Safety
Restricted Revolving Fund and shall b e expended by the Department
solely for the purposes of the operation of OCART programs. All
other property received by the Commissi oner or designee pursuant to
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this subsection shall be held by the Depa rtment in trust under the
terms and conditions imposed by the donors and the title to any and
all property acquired, granted, or donated to the Department shall
be taken in the name of the state to be held for the use and benefit
of education programs of the Department und er the conditions of the
grants or donations.
3. The Commissioner is authorized to establish policies and
procedures and promulgate rules to effectuate the purposes of this
act.
D. 1. The Commissioner is authorized to employ an OCART
coordinator to assist in administering the pr ovisions of this act.
The Commissioner shall create local OCART committees to effectuate
the purposes of this act. The number, locatio n, and boundaries of
the regions are to be determined by the Commissioner. The members
of each Oklahoma child abduction response team shall be peace
officers, communications personnel, administrative personnel,
support personnel, and multidisciplinary professionals re asonably
necessary to effectu ate the purposes of this act.
2. The OCART committee shall consist of:
a. the OCART coordinator who shall act as chairperson ,
b. one representative of the Oklahoma State Bureau of
Investigation,
c. one representative who is an active elected sheriff
from the applicable region or a designee,
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d. one representative who is an active chief of police
from the applicable region or a designee,
e. one representative from the Department of Mental
Health and Substance Abuse Services ,
f. one elected district attorney from the applicable
region or a designee,
g. one representative from the Oklahoma Counter Terrori sm
Intelligence Center,
h. one representative from the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control,
i. one representative from the U.S. Mars hals Service from
the applicable region, and
j. any other individuals deemed necessary by the
Commissioner or coordinator.
3. In conjunction with the OCART coordinator, each OCART
committee shall develop a plan for mounting a coordinated response
to a verified child abduction. The plan shal l include, but not be
limited to, an outline of the procedure for verification of a child
abduction, a notification of a child abduction, outreach to local
law enforcement agencies, and mem ber agency responsibilities in the
event of a verified child abduction.
E. Within four (4) hours of receiving a report of verified
child abduction, the law enforcement agency receiving the report
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shall notify the Oklahoma Counter Terrorism Intelligence Center
(OCTIC).
F. Law enforcement agencies of this state are hereby authorized
to utilize the automated license plate readers ( ALPRs) in carrying
out a coordinated response to a verified child abduction .
G. Each law enforcement member of an OC ART committee shall
receive initial traini ng and annual refresher tra ining as determined
by the Commissioner.
SECTION 3. There is hereby appropriated to the Department of
Public Safety for the purposes of the program established in Section
2 of this act from any monies not already appropriated from the
General Revenue Fund of the State Treasury for the fiscal year
ending June 30, 2025, the sum of Three Hundred Thousand Dollars
($300,000.00) or so much thereof as may be necessary to implement
the provisions of this act.
SECTION 4. This act shall become effective July 1, 2024.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and ap proval.
COMMITTEE REPORT BY: CO MMITTEE ON APPROPRIATIONS
February 28, 2024 - DO PASS AS AMENDED