Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1407 Latest Draft

Bill / Engrossed Version Filed 04/29/2024

                             
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 1  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
ENGROSSED HOUSE AMENDME NT 
 TO 
ENGROSSED SENATE BILL NO . 1407 By: Thompson (Roger) and Floyd 
of the Senate 
 
  and 
 
  George of the House 
 
 
 
 
An Act relating to the Department of Public Safety; 
stating legislative findings; authorizing creation of 
Oklahoma child abduction response teams; defining 
terms; establishing mult i-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 com mittee 
membership; establishing certain requirements of 
response plans; requ iring certain notice; authorizing 
use of automated license plate readers; mandating 
certain training; making an ap propriation; providing 
for noncodification; providing for codifica tion; 
providing an effective date; and declaring an 
emergency. 
 
 
 
 
 
 
 
 
AUTHOR:  Add the following Senate Coauthor: Burns  
 
AMENDMENT NO. 1.  Strike the title, enacting clause, and entire bill 
and insert: 
 
 
 
 
"[ Department of Public Safety - legislative findings 
- Oklahoma child abduction response teams – terms -   
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 2  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
multi-agency elements - Department of Public Safety 
Restricted Revolving Fund - Commissioner of Public 
Safety – policies - committee membership - response 
plans – notice - automated license plate readers – 
training – noncodification – codification - 
effective date –   
  	emergency ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A ne w section of law not to be 
codified in the Oklahoma Statutes 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 abd uction greatly 
increases the chances of a positive outcome.  Oklahoma child 
abduction response teams (OCARTs) are being created to facilitate 
efficient, effective, and coordinated law enforcement and social 
services responses to child abductions. 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 2 -140a of Title 47, unless there 
is created a duplication i n numbering, reads as follows:   
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 3  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
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 endangerment. 
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 c hild 
under the age of eighteen (18) by a custodial parent where a 
reasonable and articulable suspicion exists that the child is i n 
imminent danger; 
3.  “Missing child” means a child under the age of eighteen (18) 
who is unaccounted for where a reasonable a nd 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 o f a 
reasonable suspicion that a missing child or the victim of a 
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 wi th 
federal, state, tribal, county, and municipal law 
enforcement agencies, and the appropriate social   
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 4  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
services agencies.  The Commissioner is authorized to 
enter into agreements with any governmental agency, 
private person or entity, or not-for-profit 
organization to effectuate the purposes of this act. 
b. Each member agency of an OCART committee is 
responsible for its own acts or o missions under The 
Governmental Tort Claims Act, or otherwise under state 
or federal law. 
c. When activated pursuant to this se ction, 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 Commi ssioner pursuant to this subsection shall be 
deposited to the credit of the Department of Public Safety 
Restricted Revolving Fund and shall be expended by the Depart ment 
solely for the purposes of the operation of OCART programs.  All 
other property receiv ed by the Commissioner or designee p ursuant to 
this subsection shall be held by the Department 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 hel d for the use and benefit 
of education programs of the Department under the conditions of the 
grants or donations.   
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 5  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
3.  The Commissioner is authorized to establish policies and 
procedures and promulgate rules to effectuat e the purposes of this 
act. 
D.  1.  The Commissioner is authorized to employ an OCART 
coordinator to assist in administering the provisions of this ac t.  
The Commissioner shall create local OCART committees to effectuate 
the purposes of this act.  The numb er, location, 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 multidisci plinary professionals reasonably 
necessary to effectuate 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 elec ted sheriff 
from the applicable region or a designee, 
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,   
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 6  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
g. one representative from the Oklahoma Counter Terrori sm 
Intelligence Center (OCTIC), 
h. one representative from the Oklahoma State Bureau of 
Narcotics and Dangerous Drugs Control, 
i. one representative from the U.S. Marshals 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 coor dinated response 
to a verified child abduction.  The plan shall 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 member a gency 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 
shall notify the Oklahoma Counter Terrorism Intelligence Center . 
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 memb er of an OCART committee shall 
receive initial training and annual refresher training as determined 
by the Commissioner.   
 
ENGR. H. A. to ENGR. S. B. NO. 1407 	Page 7  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
SECTION 3.  This act shall become effective July 1, 2024. 
SECTION 4.  It being immediately necessary fo r the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall t ake effect and 
be in full force from and after its passage and approval. " 
Passed the House of Representatives the 25th day of April, 2024. 
 
 
 
 
  
Presiding Officer of the House of 
 	Representatives 
 
 
Passed the Senate the ____ day of _______ ___, 2024. 
 
 
 
 
  
Presiding Officer of the Senate 
   
 
ENGR. S. B. NO. 1407 	Page 1  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
ENGROSSED SENATE 
BILL NO. 1407 	By: Thompson (Roger) and Floyd 
of the Senate 
 
  and 
 
  George of the House 
 
 
 
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 D epartment 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 o f 
response plans; requ iring 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 5.     NEW LAW     A new section of law not to be 
codified in the Oklahoma St atutes reads as follows: 
It is the finding of the Legislature that abduction is a seriou s 
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 out come.  Oklahoma child 
abduction response teams (OCARTs) are being created to facilitate   
 
ENGR. S. B. NO. 1407 	Page 2  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
efficient, effective, and coordinated law enforcement and social 
services responses to child abductions. 
SECTION 6.     NEW LAW     A new section of law 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 respons e teams 
(OCARTs) for the purposes of mitigating child endangerment. 
B.  For purposes of this section: 
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 exi sts that 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 sus picion 
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   
 
ENGR. S. B. NO. 1407 	Page 3  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
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 effect uate 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 author ized to accept contributions, 
donations, and gifts in support of OCART programs.  All monies 
received by the Commissioner pursuant to this subsection shall be 
deposited to the credit of the Department of Public Safety 
Restricted Revolving Fund and shall be expended by the Department 
solely for the purposes of the operation of OCART programs.  All 
other property received by the Commissioner or designee pursuant to   
 
ENGR. S. B. NO. 1407 	Page 4  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
this subsection shall be held by the Department 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 under 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 i s authorized to employ an OCART 
coordinator to assist in administering the provisions of this act.  
The Commissioner shall create local OCART committees to effectuate 
the purposes of this act.  The number, location, and boundaries of 
the regions are to be determined by the Commissioner.  The members 
of each Oklahoma child abduction response t eam shall be peace 
officers, communications personnel, administrative personnel, 
support personnel, and multidisciplinary professionals reasonably 
necessary to effectua te 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,   
 
ENGR. S. B. NO. 1407 	Page 5  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
d. one representative who is an active chief of poli ce 
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 f rom the applicable 
region or a designee, 
g. one representative from the Oklahoma Counter Terrorism 
Intelligence Center (OCTIC), 
h. one representative from the Oklahoma State Bureau of 
Narcotics and Dangerous Drugs Control, 
i. one representative from the U. S. Marshals Service from 
the applicable region , and 
j. any other individuals deemed nece ssary 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 shall 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 member agency responsibili ties 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 
shall notify the Oklahoma Counter Terrorism Intelligence Center .   
 
ENGR. S. B. NO. 1407 	Page 6  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
F.  Law enforcement agencies of this state are hereby authorized 
to utilize the automated license plate r eaders (ALPRs) in carrying 
out a coordinated response to a verified child abduction. 
G.  Each law enforcement member of an OCART committee shall 
receive initial trainin g and annual refresher training as determined 
by the Commissioner. 
SECTION 7.  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 8.  This act shall become effective July 1, 2024. 
SECTION 9.  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 t ake effect and 
be in full force from and after its passage and approval.   
 
ENGR. S. B. NO. 1407 	Page 7  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
Passed the Senate the 12th day of March, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2024. 
 
 
  
 	Presiding Officer of t he House 
 	of Representatives