34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 1579 By: Hamilton of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | George of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | [ Department of Public Safety - duties - information |
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46 | 39 | | - exceptions - misdemeanor - rules - codification - |
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47 | 40 | | emergency ] |
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52 | 45 | | |
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53 | 46 | | BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA: |
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54 | 47 | | SECTION 1. NEW LAW A new section of law to be codified |
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55 | 48 | | in the Oklahoma Statutes as Section 2-105.9 of Title 47, unless |
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56 | 49 | | there is created a duplication in numbering, reads as follows: |
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57 | 50 | | A. The Commissioner of Public Safe ty may assign personnel |
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58 | 51 | | within the Department of Public Safety to: |
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59 | 52 | | 1. Collect information concerning the activity and identity of |
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60 | 53 | | individuals reasonably suspected of involvement in terrorism, |
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61 | 54 | | threats to public safety, organized crime, criminal conspiracie s, or |
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62 | 55 | | any other threats of violent crime; |
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63 | 56 | | 2. Analyze collected information and disseminate such |
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64 | 57 | | information to other law enforcement and public safety agencies; |
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95 | 87 | | threats of violent crime by creating a clearinghouse of crime - |
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96 | 88 | | related information for use by local, state, an d federal law |
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97 | 89 | | enforcement agencies; and |
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98 | 90 | | 4. Provide training to peace officers of this state concerning |
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99 | 91 | | the legal collection, preservation, and dissemination of crime - |
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100 | 92 | | related information. |
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101 | 93 | | B. The Commissioner may assign attorneys of the Department of |
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102 | 94 | | Public Safety to support such criminal analysis an d investigative |
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103 | 95 | | functions, including providing assistance to the district attorney |
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104 | 96 | | in pursuing search warrants, arrest warrants, and other forms of |
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105 | 97 | | court orders and process in connection with criminal investigat ions |
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106 | 98 | | of the Department. |
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107 | 99 | | C. Release of inform ation compiled pursuant to this section |
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108 | 100 | | shall be prohibited except for release of information to law |
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109 | 101 | | enforcement agencies and prosecutorial authorities for the purpose |
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110 | 102 | | of crime prevention, criminal investigation, or criminal |
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111 | 103 | | prosecution. If the Commission er determines it necessary to do so |
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112 | 104 | | in the interest of public safety or crime prevention, the |
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113 | 105 | | Commissioner may authorize the release of information compiled |
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114 | 106 | | pursuant to this section to leadership of this state o r any |
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115 | 107 | | political subdivision, critical infrast ructure personnel, the target |
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146 | 137 | | not exceeding (1) year or a fine not exceeding Fifty Thousand |
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147 | 138 | | Dollars ($50,000.00), or by both such fine and imprisonment. As |
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148 | 139 | | used in this section, “unauthorized release ” or “unauthorized use” |
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149 | 140 | | shall include, but not be limited to , giving the information to any |
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150 | 141 | | person who is not a law enforcement officer or prosecutorial |
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151 | 142 | | authority unless necessitated by an ongoing criminal investigation, |
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152 | 143 | | or release of information to a law enforcement officer who is not |
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153 | 144 | | engaged in a criminal investigation requiring the information or who |
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154 | 145 | | is not authorized by his or her agency to receive such information, |
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155 | 146 | | or release of information without the express authority of the |
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156 | 147 | | Commissioner or in violation of any rules promulgated by the |
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157 | 148 | | Department of Public Safety. I nformation collected and compiled |
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158 | 149 | | under the authority of this section shall be privileged and not |
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159 | 150 | | discoverable nor subject to subpoena or order for production issued |
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160 | 151 | | by any court, other than production in a district court criminal |
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161 | 152 | | proceeding for the prosecution of crimes which are the subject of |
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162 | 153 | | the information sought. |
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163 | 154 | | D. The Commissioner shall promulgate rules to implement the |
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164 | 155 | | provisions of this section. |
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165 | 156 | | SECTION 2. It being immediately necessary for the preservation |
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166 | 157 | | of the public peace, h ealth or safety, an emergency is hereby |
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