Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB36 Compare Versions

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3-ENGR. H. A. to ENGR. S. B. NO. 36 Page 1 1
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28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 36 By: Dahm of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 59th Legislature (2024)
34+
35+COMMITTEE SUBSTITUTE
36+FOR ENGROSSED
37+SENATE BILL NO. 36 By: Dahm of the Senate
3138
3239 and
3340
3441 Echols of the House
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3643
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40-An Act relating to the Oklahoma Open Records Ac t;
41-amending 51 O.S. 2021, Section 24A.8, as amended by
42-Section 1, Chapter 1 2, O.S.L. 2022 (51 O.S. Supp.
43-2022, Section 24A.8), which relates to disclosure of
44-law enforcement records; requiring disclosure of
45-recordings from certain equipment; and declaring an
46-emergency.
47+COMMITTEE SUBSTITUTE
48+
49+An Act relating to education; permitting school
50+districts to employ or accept volunteer chaplains;
51+clarifying certification requirements; prohibiting
52+certain individuals in volved in certain cases;
53+providing for codification; and providing an
54+effective date.
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59+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
60+SECTION 1. NEW LAW A new section of law to be codified
61+in the Oklahoma Statutes as Section 1210.205 of Title 70, unless
62+there is created a duplication in numbering, reads as follows:
63+A. A school district may employ or accept one or more volunteer
64+chaplains to provide support, services, and programs for s tudents as
65+assigned by the governing body of the school. A chaplain employed
66+or volunteering under this act is not required to be certified by
67+the State Department of Education.
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58-AUTHOR: Remove Representative Echols as principal House author and
59-substitute with Representative West (Kevin)
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62-Add the following House coauthor: Randleman
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64-AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
65-and insert:
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70-"An Act relating to education; permitting school
71-districts to employ or accept volunteer chaplains;
72-clarifying certification requirements; directing for
73-background check; prohibiting certain individuals
74-from employment or volunteering; providing reasons
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76-ENGR. H. A. to ENGR. S. B. NO. 36 Page 2 1
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101-for dismissal; clarifying that students and their
102-parents may or may not decide to use chaplain
103-services; prohibiting proselytizing; defining term;
104-requiring chaplains to complete or possess ce rtain
105-degrees; authorizing chaplai ns to obtain
106-ecclesiastical endorsements; providing specific
107-requirements for attestation; providing for
108-codification; and providing an effective date.
95+B. A school district may not employ or accept as a volunteer a
96+chaplain who has been convicted of or is a defendant for an offense
97+that requires the defendant to register as a sex offender.
98+SECTION 2. This act shall become effective November 1, 2024.
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113-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114-SECTION 1. NEW LAW A new section of law to be codified
115-in the Oklahoma Statutes as Section 1210.205 of Title 70, unless
116-there is created a duplication in numbering, reads as follows:
117-A. A school district may employ or accept one or more volunteer
118-chaplains to provide support, services, and programs for students as
119-assigned by the governing body of the school. A chaplain employed
120-or volunteering under this act is not required to be certified by
121-the State Department of Education.
122-B. A school district shall conduct a background check before
123-employing or accepting as a volunteer any chaplain . The background
124-check shall be in accordance with Section 5-142 of Title 70 of the
125-Oklahoma Statutes and volunteers shall be treated as employees for
126-purposes of this subsection.
127-C. A school district shall not employ or accept as a volunteer
128-a chaplain who has been convicted of or is a defendant for an
129-offense that requires the defendant to register as a sex offender.
130-No chaplain shall be employed or accepted as a volunteer if the
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157-chaplain has been convicted or has received a deferred sentence in
158-this state, another state, district or territory of the United
159-States for a felony offense or for an offense listed in Section 6 -
160-101.41 of Title 70 of the Oklahoma Statutes .
161-D. A chaplain may be dismissed for:
162-1. Mental or physical abuse to a child;
163-2. Negligent endangerment of a child; or
164-3. Commission of an act of moral turpitude .
165-This list is not exhaustive and a school district may dismiss a n
166-employed or volunteer chaplain if, for any reason, it believes the
167-chaplain's presence could lead to harm.
168-E. It is solely the decision of the individual student and
169-their parents whether to seek the support or services of a cha plain.
170-All students are welcome to ut ilize a chaplain, but no student may
171-be required to do so. Parents shall be allowed the opportunity to
172-opt their child out of chaplain services.
173-F. Chaplains employed or volunteering with a school district
174-are prohibited from proselytizing while working or volunteering
175-during school hours or other school functions . Proselytizing shall
176-mean the action of attempting to co nvert someone from one religi on,
177-belief, or opinion to another.
178-G. For purposes of this act, a chaplain shall be a person who
179-obtains an ecclesiastical en dorsement from their faith group
180-certifying that such chaplain is:
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207-1. A minister, rabbi, priest, imam, lay leader, or similar
208-functionary of the faith group;
209-2. Qualified morally, intellectually, and emotionally to serve
210-as a chaplain; and
211-3. Sensitive to religious pluralism and able to provide for the
212-free exercise of religion by all students.
213-H. Chaplains shall complete or poss ess a baccalaureate de gree,
214-completing one hundred twenty (120) semester hours, a graduate
215-degree in theological or relig ious studies, and at least seventy-two
216-(72) hours in graduate work . Both degrees shall be from accredited
217-universities.
218-I. Chaplains shall be able to obtain a fede rally recognized
219-ecclesiastical endorsement from their denom ination or faith group
220-for employment or volunte er service. The endorsement shall attest
221-that:
222-1. The chaplain is an ordained m inister or member in good
223-standing of the respective denomina tion or body;
224-2. The denomination approves of the chaplain serving as an
225-employee or volunteer with the school district ;
226-3. The chaplain is qualified morally, intellectually, and
227-emotionally to serve as a chaplain; and
228-4. The chaplain is sensitive t o religious pluralism and is able
229-to provide for the free exer cise of religion by all students,
230-families, and school employ ees.
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257-SECTION 2. This act shall become effective November 1, 2024."
258-Passed the House of Represent atives the 24th day of April, 2024.
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264-Presiding Officer of the House of
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268-Passed the Senate the ____ day of _______ ___, 2024.
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274-Presiding Officer of the Senate
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302-ENGROSSED SENATE
303-BILL NO. 36 By: Dahm of the Senate
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305- and
306-
307- Echols of the House
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309-
310-
311-
312-An Act relating to the Oklahoma Open Records Ac t;
313-amending 51 O.S. 2021, Section 24A.8, as amended by
314-Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp.
315-2022, Section 24A.8), which relates to disclosure of
316-law enforcement records; requirin g disclosure of
317-recordings from certain equipment; and declaring an
318-emergency.
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324-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
325-SECTION 3. AMENDATORY 51 O.S. 2021, Section 24A.8, as
326-amended by Section 1, Chapter 12, O.S. L. 2022 (51 O.S. Supp. 2022,
327-Section 24A.8), is amended to re ad as follows:
328-Section 24A.8. A. Law enforcement agencies shall make
329-available for public inspection and co pying, if kept, the following
330-records:
331-1. An arrestee description, including the name, date of birth,
332-address, race, sex, physical description, and occupation of the
333-arrestee;
334-2. Facts concerning the arrest , including the cause of arrest
335-and the name of the arresting officer;
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362-3. A chronological list of all incidents, including initial
363-offense report information showing the offense, date, time, general
364-location, officer, and a brief s ummary of what occurred;
365-4. Radio logs, including a chronological listi ng of the calls
366-dispatched;
367-5. Conviction information, including the name of any person
368-convicted of a criminal offense;
369-6. Disposition of all warrants , including orders signed by a
370-judge of any court commanding a law enforcement officer to arrest a
371-particular person;
372-7. A crime summary, including an agency summary of crimes
373-reported and public calls for service by classification or nature
374-and number;
375-8. Jail registers, including jail blotter data or jail booking
376-information recorded on persons at the t ime of incarceration showing
377-the name of each prisoner with the date and cause of commitment, the
378-authority committing the prisoner, whether committed for a criminal
379-offense, a description of the prisoner, and the date or manner of
380-discharge or escape of t he prisoner;
381-9. Audio and video record ings from recording equipment attached
382-to law enforcement vehicles or unmanned aircraft as defined in
383-Section 322 of Title 3 of the Oklahoma S tatutes, associated audio
384-recordings from recording equipment on the person of a law
385-enforcement officer or audio and video recordings from any other
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412-source used by a law enforcement agency; provided, the law
413-enforcement agency may, before releasing any audio or video
414-recording provided for in this paragraph, redact or obscure specific
415-portions of the recording which:
416-a. depict the death of a person or a dead body , unless
417-the death was effected by a law enforcement officer,
418-b. depict nudity,
419-c. would identify minors under the age of sixteen (16)
420-years or would undermine any requirement to keep
421-certain juvenile records confidential as provided for
422-in Title 10A of the Oklahoma Statutes,
423-d. depict acts of severe violence resulting in great
424-bodily injury, as defined in Section 11-904 of Title
425-47 of the Oklahoma Statutes, against person s that are
426-clearly visible, unless the act of severe violence was
427-effected by a law en forcement officer,
428-e. depict great bodily injury, as defined in Section 11 -
429-904 of Title 47 of the Oklahoma Statutes, un less the
430-great bodily injury was effected by a law enforcement
431-officer,
432-f. include personal medical information that is not
433-already public,
434-g. would undermine the assertion of a privilege provided
435-in Section 1-109 or Section 3-428 of Title 43A of the
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462-Oklahoma Statutes for detention or transportation for
463-mental health evaluation or treatment or drug or
464-alcohol detoxification purposes,
465-h. include personal information other than the name or
466-license plate number of a perso n not arrested, cited,
467-charged or issued a written warning. Such personal
468-information shall include any government-issued
469-identification number, date of birth, address or
470-financial information, or
471-i. reveal the identity of law enforcement officers who
472-have become subject to internal investigat ion by the
473-law enforcement agency as a result of an event
474-depicted in the recording. The option to protect the
475-identity of a law enforce ment officer shall not be
476-available to the law enforcement agency after the law
477-enforcement agency has concluded the in vestigation and
478-rendered a decision as to final dis ciplinary action.
479-At such time when an investigation has concluded and
480-the law enforcement agency has rendered its decision
481-as to final disciplinary action, the por tions of the
482-recordings previously withh eld as provided for in this
483-subparagraph shall be a vailable for public inspection
484-and copying. The audio and video recordings withheld
485-as provided for in this subparagraph shall be
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512-available for public inspection an d copying before the
513-conclusion of the investigation if the investigation
514-lasts for an unreasonable amount of time; and
515-10. a. Audio and video recordings from recording equipme nt
516-attached to the person of a law enforcement officer
517-that depict:
518-(1) the use of any physical force or violence by a
519-law enforcement officer,
520-(2) pursuits of any kind,
521-(3) traffic stops,
522-(4) any person being arrested, cited, charged or
523-issued a written warning,
524-(5) events that directly led to any person being
525-arrested, cited, charged or receiving a written
526-warning,
527-(6) detentions of any length for the purpose of
528-investigation,
529-(7) any exercise of authority by a law enforcement
530-officer that deprives a citi zen of his or her
531-liberty,
532-(8) actions by a law enforcement officer tha t have
533-become the cause of an investigation or ch arges
534-being filed,
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561-(9) recordings in the public in terest that may
562-materially aid a determination of whether law
563-enforcement officers are appropriately performing
564-their duties as public servants, or
565-(10) any contextual events occurring before or after
566-the events depicted in divisions (1) through (9)
567-of this subparagraph.
568-b. Notwithstanding the provisions of subparagraph a of
569-this paragraph, the law enforcement agency may, before
570-releasing any audio or video recording provided for in
571-this paragraph, redact or obscure specific portions of
572-the recording that:
573-(1) depict the death of a person or a dead body,
574-unless the death was effected by a la w
575-enforcement officer,
576-(2) depict nudity,
577-(3) would identify minors under the age of sixteen
578-(16) years or would undermi ne any requirement to
579-keep certain juvenile record s confidential as
580-provided for in Title 10A of the Oklahoma
581-Statutes,
582-(4) depict acts of severe violence resulting in great
583-bodily injury, as defined in Section 11-904 of
584-Title 47 of the Oklahoma Statutes, against
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611-persons that are clearly visible, unless t he act
612-of severe violence was effected by a law
613-enforcement officer,
614-(5) depict great bodily injury, as defined in Section
615-11-904 of Title 47 of the Oklahoma Statutes,
616-unless the great bodily injury was eff ected by a
617-law enforcement officer,
618-(6) include personal medical information that is not
619-already public,
620-(7) undermine the assertion of a privilege as
621-provided in Section 1 -109 or Section 3-428 of
622-Title 43A of the Oklahoma Statutes fo r detention
623-or transportation for mental health evaluation or
624-treatment or drug or alcohol detoxification
625-purposes,
626-(8) identify alleged victims of sex crimes or
627-domestic violence,
628-(9) identify any person who provides information to
629-law enforcement or the information provided b y
630-that person when that person requests anonymity
631-or where disclosure of the identity of the person
632-or the information provided could re asonably be
633-expected to threaten or endanger the physical
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660-safety or property of the person or the physical
661-safety or property of others,
662-(10) undermine the assertion of a privilege to keep
663-the identity of an informer confidential as
664-provided for in Section 2510 of Title 12 of the
665-Oklahoma Statutes,
666-(11) include personal information other than the name
667-or license plate numbe r of a person not
668-officially arrested, cited, char ged or issued a
669-written warning. Such personal information shall
670-include any governme nt-issued identification
671-number, date of birth, address o r financial
672-information,
673-(12) include information that would ma terially
674-compromise an ongoing criminal investigat ion or
675-ongoing criminal prosecution, provided that:
676-(a) ten (10) days following the fo rmal
677-arraignment or initial appearance, whichever
678-occurs first, of a person charged in the
679-case in question, the recordi ng shall be
680-made available for public inspection a nd
681-copying with no redaction of the portions
682-that were temporarily withheld by relianc e
683-on this division. Provided, before
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710-potential release of a recording as provided
711-for in this subdivision, the prosecut or or
712-legal representative of the person charged
713-may request from the appropriate district
714-court an extension of time during which the
715-recording may be withheld under the
716-provisions of this d ivision. When a request
717-for an extension of time has been filed with
718-the court, the recording in question may be
719-withheld until the court has issued a
720-ruling. Such requests for an extension of
721-the time during which the recording may be
722-withheld may be made on the grounds that
723-release of the recor ding will materially
724-compromise an ongoing criminal investigation
725-or criminal prosecution or on the grounds
726-that release of the recording will
727-materially compromise the right of an
728-accused to a fair trial that has yet to
729-begin. Courts considering such req uests
730-shall conduct a hearing and consider whether
731-the interests of the public outweigh the
732-interests asserted by the parties. In
733-response to such requests, the court shall
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760-order that the recording be made availa ble
761-for public inspection and copying with no
762-redaction of the portions that were
763-temporarily withheld by reliance on this
764-division or order an extension of time
765-during which the recording may be withh eld
766-under the provisions of this division.
767-Provided further, each such time extension
768-shall only be ordered by the cour t for an
769-additional six-month period of time or le ss
770-and cumulative time extensions shall not add
771-up to more than eighteen (18) months, or
772-(b) in the event that one hundred twenty (120)
773-days expire from the date of the events
774-depicted in the recording with out any person
775-being criminally charged in the cas e in
776-question and release of a recording or
777-portions of a recording have been denied o n
778-the grounds provided for in this division,
779-an appeal of such denial may be made to the
780-appropriate district court. In situations
781-where one hundred twenty (120) days ha ve
782-expired since the creation of the recording,
783-criminal charges have not been filed a gainst
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810-a person and the recording is being withheld
811-on the grounds provided for in this
812-division, courts considering app eals to the
813-use of the provisions of this division for
814-temporarily withholding a recording shall
815-conduct a hearing and consider whether the
816-interests of the public outweigh the
817-interests of the parties protected by this
818-division. In response to such appea ls, the
819-district court shall order that the
820-recording be made available for public
821-inspection and copying with no redaction of
822-the portions that were temporarily withheld
823-by reliance on this division or order an
824-extension of time duri ng which the recording
825-may be withheld under the provisions of this
826-division. An order granting an extension of
827-time shall be applicable to the recording
828-against all appellants for the duration of
829-the extension. Provided, each such time
830-extension shall only be ordered by the
831-district court for an additional twelve -
832-month period of time or less and cumulative
833-time extensions shall not add up to more
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860-than three (3) years. Provided, charges
861-being filed against a pe rson in the case in
862-question automatically c ancels any extension
863-of time. A new request for an extension of
864-time following an arraignment or initial
865-appearance may be requested by the parties
866-on the grounds and under the terms provided
867-for in subdivision (a) of this division.
868-The options presented in this division to
869-potentially withhold a recording or portions of a
870-recording on the grounds provided for in this
871-division shall expire in totality four (4) years
872-after the recording was made at which time all
873-recordings previously withheld on the ground s
874-provided for in this division shall be made
875-available for public inspe ction and copying, or
876-(13) reveal the identity of law enforcement officers
877-who have become subject to internal investigation
878-by the law enforcement agency as a result of an
879-event depicted in the recording . The option to
880-protect the identity of a law enfor cement officer
881-shall not be available to the law enforcement
882-agency after the law enfo rcement agency has
883-concluded the investigation and r endered a
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910-decision as to final disciplinary ac tion. At
911-such time when an investigation has concluded and
912-the law enforcement agency has rendered its
913-decision as to final disciplinary action, the
914-portions of the recordings previously withheld as
915-provided for in this division shall be available
916-for public inspection and c opying. The audio and
917-video recordings withheld on the grounds provided
918-for in this division shall be available for
919-public inspection and copying before the
920-conclusion of the investigation if the
921-investigation lasts for an unreasonable amount of
922-time.
923-B. 1. Except for the records listed in subsection A o f this
924-section and those made open by other state or local laws, law
925-enforcement agencies may deny access to law enforcement records
926-except where a court finds that the public interest or the interest
927-of an individual outweighs the reason for denial. The provisions of
928-this section shall not operate to deny access to law enforcement
929-records if such records have been previously made availabl e to the
930-public as provided in the Oklahoma Ope n Records Act or as otherwise
931-provided by law.
932-2. a. A law enforcement agency shall deny access to any
933-audio or video recording that depicts the death of a
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960-law enforcement officer who was acting in the course
961-of his or her official duties including any related
962-acts or events immediately preceding or subsequent to
963-the acts or events that caused or otherwise relate to
964-the death, except where a court finds that the public
965-interest or the interest of an individual outweighs
966-the reason for denial . Provided, however, a law
967-enforcement agency may allow a family member of the
968-deceased law enforcement officer to hear or view such
969-audio or video recording under protocols established
970-by the law enforcement agency . For the purposes of
971-this subparagraph, “family member” means a spouse,
972-adult child, parent or sibling of the decease d law
973-enforcement officer.
974-b. Nothing in subparagraph a of this paragra ph shall be
975-construed to prohibit the prosecution and defense
976-counsel from access to such audio or video recordings
977-or the use of such recordings as evidence in a legal
978-proceeding.
979-C. Nothing contained in this section imposes any new
980-recordkeeping requirements. Law enforcement records shall be kept
981-for as long as is now or m ay hereafter be specified by law. Absent
982-a legal requirement for the keeping of a law enforcement record for
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1009-a specific time period, law enforcement agencies shall maintain
1010-their records for so long as needed for administrative purposes.
1011-D. Registration files maintained by the Department of
1012-Corrections pursuant to the provisions of the Sex Offenders
1013-Registration Act shall be made available for public inspection in a
1014-manner to be determined by the Department.
1015-E. The Council on Law Enforcement Education and Training
1016-(C.L.E.E.T.) shall keep confidential all records it maintains
1017-pursuant to Section 3311 of Title 70 of the Okl ahoma Statutes and
1018-deny release of records relating to any employed or certified full-
1019-time officer, reserve officer, retired officer o r other person;
1020-teacher lesson plans, tests and ot her teaching materials; and
1021-personal communications concerning individua l students except under
1022-the following circumstances:
1023-1. To verify the current certification status of any peace
1024-officer;
1025-2. As may be required to perform the duties imposed by Sectio n
1026-3311 of Title 70 of the Oklahoma Statutes;
1027-3. To provide to any peace officer copies of the records of
1028-that peace officer upon submitting a written request;
1029-4. To provide, upon written request, to a ny law enforcement
1030-agency conducting an official inves tigation, copies of the records
1031-of any peace officer who is the subject of such investigation;
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1058-5. To provide final orders of administrative proceedings where
1059-an adverse action was taken against a peac e officer; and
1060-6. Pursuant to an order of the district court of the State of
1061-Oklahoma.
1062-F. The Department of Public Safety sha ll keep confidential:
1063-1. All records it maintains pursuant to its authority under
1064-Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway
1065-Patrol Division, the Communication s Division, and other divisions of
1066-the Department relating to:
1067-a. training, lesson plans, teaching materials, tests and
1068-test results,
1069-b. policies, procedures and operations, any of which are
1070-of a tactical nature, and
1071-c. the following information from radio logs:
1072-(1) telephone numbers,
1073-(2) addresses other than the location of i ncidents to
1074-which officers are dispatched, and
1075-(3) personal information which is contrary to the
1076-provisions of the Driver’s Privacy Protection
1077-Act, 18 United States Code, Sections 2721 through
1078-2725; and
1079-2. For the purpose of preventing identity theft and invasion of
1080-law enforcement computer systems, except as provided in Title 47 of
1081-the Oklahoma Statutes, all driving records.
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1108-SECTION 4. It being immediately necessary f or the preservation
1109-of the public peace, heal th or safety, an emergency is hereby
1110-declared to exist, by reason whereof this act shall take effect and
1111-be in full force from and after its passage an d approval.
1112-Passed the Senate the 23rd day of March, 2023.
1113-
1114-
1115-
1116- Presiding Officer of the Senate
1117-
1118-
1119-Passed the House of Representative s the ____ day of __________,
1120-2023.
1121-
1122-
1123-
1124- Presiding Officer of the House
1125- of Representatives
1126-
1127-
100+COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
101+04/09/2024 - DO PASS, As Amended.