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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1579 By: Hamilton of the Senate
and
George of the House
[ Department of Public Safety - duties - information
- exceptions - misdemeanor - rules - codification -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STAT E 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 Safe ty may assign personnel
within the Department of Public Safety to:
1. Collect information concerning the activity and identity of
individuals reasonab ly suspected of involvement in terrorism,
threats to public safety, organized crime, criminal conspiracie s, or
any other threats of violent crime;
2. Analyze collected information and disseminate such
information to other law enforcement and public safety agencies;
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3. Coordinate the effort s of this state with local, state, and
federal agencies to protect ci tizens from terrorism, threats to
public safety, organized crime, criminal conspiracies, or any other
threats of violent crime by creating a clearingho use of crime-
related information for use by local, state, an d 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 an d investigative
functions, including providing assistance to the district attorney
in pursuing search warrants, arrest warrants, and other forms of
court orders and process in connection with criminal investigat ions
of the Department.
C. Release of inform ation compiled pursuant to this section
shall be prohibited except for release of information to law
enforcement agencies and prosecutorial authorities for the purpose
of crime prevention, criminal investigation, or criminal
prosecution. If the Commission er determines it necessary to do so
in the interest of public safety or crime prevention, the
Commissioner may authorize the release of information com piled
pursuant to this section to leadership of this state o r any
political subdivision, critical infrast ructure personnel, the target
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of any threat, or any segment of the public. Unauthorized release
or unauthorized use of this information shall be a mis demeanor 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 both 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 investigation,
or release of information to a law enforce ment 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 express authority of the
Commissioner or in violation of any rules promulgated by the
Department of Public Safety. I nformation 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 produ ction 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.
SECTION 2. It being immediately necessary for the preservation
of the public peace, h ealth or safety, an emergency is hereby
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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: COMMITTE E ON PUBLIC SAFETY, dated 04/02/2024 -
DO PASS, As Amended.