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SENATE FLOOR VERSION
February 22, 2024
SENATE BILL NO. 1579 By: Hamilton
An Act relating to the Department of Public Safety;
authorizing Commissioner of Public Safety to assign
personnel to carry out certain duties related to
protecting the public f rom terrorism and other
threats; authorizing the Commissioner to a ssign
Department of Public Safety attorneys to support
certain efforts; prohibiting release of cer tain
information; providing exceptions to release of
certain information; creating misdemean or offense;
authorizing Commissioner to promulgate rules;
providing for codifica tion; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-105.9 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. The Commissioner of Public Safety may assign personnel
within the Department of Public Safety to:
1. Collect information concerning the activity and identity of
individuals reasonably suspected of involvement in terrorism,
threats to public safety, organized crime, criminal conspiracies, or
any other threats of violent crime;
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2. Analyze collected information and disseminate such
information to other law enforcement and public safety agencies;
3. Coordinate the effort s of this state with local, state, and
federal agencies to protect c itizens from terrorism, threats to
public safety, organized crim e, criminal conspiracies, or any oth er
threats of violent crime by creating a clearinghouse of crime -
related information for use by local, s tate, and federal law
enforcement agencies; and
4. Provide training to peace officers of this state concerning
the legal collection, preservation, and dissemination of crime -
related information.
B. The Commissioner may assign attorneys of the Department of
Public Safety to support such criminal analysis a nd investigative
functions, including providing assistance to th e district attorney
in pursuing search warrants, arrest warrants, and other forms of
court orders and process in connection with criminal investigati ons
of the Department.
C. Release of information compiled pursuant to this section
shall be prohibited except for release of information to la w
enforcement agencies and prosecutorial authorities for the purpose
of crime prevention, criminal investigation, or crimin al
prosecution. If the Commissioner determines it necessary to do so
in the interest of public s afety or crime prevention, the
Commissioner may authorize the release of information compiled
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pursuant to this section to leadership of this state or any
political subdivision, critical infrastructure personnel, the target
of any threat, or any segment of the public. Unauthorized release
or unauthorized use of this information shall be a misdemeanor and
shall be punishable by imprisonment in the county jail for a term
not exceeding (1) year or a fine not exceeding Fifty Thousand
Dollars ($50,000.00), or by bot h such fine and imprisonment. As
used in this section, “unauthorized release ” or “unauthorized use”
shall include, but not be limited to , giving the information to any
person who is not a law enforcement officer or prosecutorial
authority unless necessitated by an ongoing criminal inves tigation,
or release of information to a law enforcement officer who is not
engaged in a criminal investigation requiring the information or who
is not authorized by his or her agency to receive such information,
or release of information without the expre ss authority of the
Commissioner or in violation of any rules promulga ted by the
Department of Public Safe ty. Information collected and compiled
under the authority of this section shall be privileged and not
discoverable nor subject to subpoena or order for production issued
by any court, other than production in a district court criminal
proceeding for the prosecution of crimes which are the subject of
the information sought.
D. The Commissioner shall promulgate rules to implement the
provisions of this section.
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SECTION 2. It being immediately necessary for the preservation
of the public peace, he alth 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 approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 22, 2024 - DO PASS