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SENATE FLOOR VERSION
February 23, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 379 By: Daniels and Boren
An Act relating to law enforcement officer personal
mental health wellness; amending 70 O.S. 2021,
Section 3311.4, which relates to cont inuing law
enforcement training; requiring certain training;
amending 70 O.S. 2021, Section 3311.5, as amended by
Section 1, Chapter 399, O.S.L. 2022 (70 O .S. Supp.
2022, Section 3311.5), which relates to required
courses of study for law enforcement certi fication;
requiring certain training; updating statutory
reference; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 3311.4, is
amended to read as follows:
Section 3311.4. A. Beginning January 1, 2008, and annually
thereafter, every active full -time peace officer, certified by the
Council on Law Enforcement Education and Training (CLEET) pur suant
to Section 3311 of t his title, shall attend and complete a minimum
of twenty-five (25) hours of continuing law enforcement training
accredited or provided by CLEET which shall include a mandatory two
(2) hours on mental health issues . Effective November 1, 2019,
CLEET shall establish appropriate training resources which shall
include the policies and protocols for responding to sexual assault
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calls, guidelines for the collection and mai ntenance of sexual
assault kits and continuing educa tion on trauma-informed sexual
assault response and intervention, and shall require all CLEET-
certified law enforcement officers to complete such training on a
regular basis to be determined by CLEET. CL EET shall promulgate
rules to enforce the provisions of this section and shall enter into
contracts and agreements for the payment of classroom space,
training, food, and lodging expenses as may be necessary for law
enforcement officers attending such trai ning in accordance with
subsection B of Section 3311 of this title. Such training and
seminars shall be conducted in all areas of this state at technology
center schools, institutions of higher education, or other approved
sites.
B. Beginning January 1, 2017, and annually thereafter, every
active reserve peace officer, certified by CLEET pursu ant to Section
3311 of this title, shall attend and complete a minimum of eight (8)
hours of continuing law enforcement training accredited or provided
by CLEET which shall include a mandatory one (1) hour on mental
health issues.
C. Beginning January 1, 2024, and annually thereafter, every
active peace officer, certified by CLEET pursuant to Section 3311 of
this title, shall attend and complete a minimum of two (2) hours of
continuing law enforcement educat ion training accredited or provided
by CLEET on maintaining mental and behavioral health wellness. This
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requirement shall be in addition to the required training specified
in this section.
C. D. Every inactive full-time or reserve peace officer,
certified by CLEET, shall be ex empt from these requirements durin g
the inactive status. Upon reentry to full-time active status, the
peace officer shall be required to comply with subsec tion A of this
section. If a full-time certified peace officer has been inactive
for five (5) or more years, the officer must complet e refresher
training as prescribed by CLEET and which shall include a minimum of
four (4) hours of mental health education and training, within one
(1) year of employment. Upon reentry to active reserve status, the
peace officer shall be required to compl y with subsection B of this
section. If a certified reserve officer has been inactive for five
(5) or more years, the cer tified reserve officer shall complete a
legal update as prescribed by CLEET. The Director of CLEET may
waive these requirements based on review of all records of
employment and training.
D. E. Every tribal officer who is commissioned by an Oklahoma
law enforcement agency pursuant to a cross -deputization agreement
with the State of Oklahoma or any polit ical subdivision of the State
of Oklahoma pursuant to the provisions of Section 1221 of Title 74
of the Oklahoma Statutes shall comply with the provisions of t his
section.
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E. F. Any active full-time or reserve certified peace officer,
or CLEET-certified cross-deputized tribal officer who fails to meet
the annual training requirements specified in this section, sh all be
subject to having the certification of the pe ace officer suspended,
after the peace officer and the employer have been given written
notice of noncompliance and a reasonable time, as defined by the
Council, to comply with the provisions of this sect ion. A peace
officer shall not be employed in the c apacity of a peace officer
during any period of suspension. The suspension period shall be fo r
a period of time until the offic er files a statement attesting to
full compliance with the provisions of thi s section. Suspension of
peace officer certificatio n shall be reported to the district
attorney for the jurisdiction in which the officer is empl oyed, the
liability insurance comp any of the law enforcement agency that
employed the peace officer, the chief elected official of the
governing body of the law e nforcement agency and the chief law
enforcement officer of the law enforcement agency. Any of ficer
whose certification is suspe nded pursuant to this section may
request a hearing with CLEET. Such hearin gs shall be governed by
the Administrative Procedure s Act except that the affected officer
has the burden to show CLEET why CLEET should not have the
certification of the officer s uspended.
F. G. All certified, active full-time or reserve peace officers
employed, commissioned or appointed for a period of nine ty (90) days
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in a calendar year, who become inactive prior to the end of a
calendar year, are responsible for meeting mandato ry continuing
education requirements as set forth in this section upon return t o
active full-time or reserve peace officer status w ithin sixty (60)
days of the date of return to employment, commission or appointment.
Failure to complete the mandatory cont inuing education within sixty
(60) days may result in disciplinary action as se t forth in CLEET
Rules at OAC 390:2. Full -time or reserve certified peace officers
who return to active status within the calendar year they b ecome
inactive must complete the a nnual mandatory continuing education
requirements outlined in this section with in the remaining portion
of the calendar year.
G. H. Peace officers with full -time certification who worked
during a calendar year only as a r eserve officer are required to
complete only the training requirements for reserve certification.
For purposes of the requirements outlined in subsection F G of this
section, full-time peace officers who worked both in the capacity of
a full-time peace officer and reserve officer in a calen dar year
must complete full-time continuing education requirements.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3311.5, as
amended by Section 1, Chapter 399, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 3311.5), is amended to read as follows:
Section 3311.5. A. On and after November 1, 2007, the Council
on Law Enforcement Education and Training ( CLEET), pursuant to its
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authority granted by Section 3311 of this title, shall include i n
its required basic training courses for law enforc ement
certification a minimum of four (4) hours of education and training
relating to recognizing and managing a per son appearing to require
mental health treatment or services. The Council shall further
offer a minimum of four (4) hours of education and training on
specific mental health issues pursuant to Section 3311.4 of this
title to meet the annual requirement fo r continuing education in the
areas of mental health issues.
B. By January 1, 2008, CLEET, pursuan t to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of study for law enforcement certification a
minimum of six (6) hour s of evidence-based sexual assault and sexual
violence training. A portion of t he sexual assault and sexual
violence training shall include instruction presented by a certified
sexual assault service provider.
C. By January 1, 2012, e very active full-time peace officer,
previously certified by CLEET pursuant to Section 3311 of this
title, shall be required to attend and co mplete the evidence-based
sexual assault and sexual violence training provided in subsection B
of this section.
D. CLEET shall promulgate rules to enforce the provisions of
subsections B and C of this section and s hall, with the assistance
of certified sexual assault service providers, establish a
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comprehensive integrated curriculum for the teaching of evidence -
based sexual assault and s exual violence issues.
E. The Council is required to update that block of train ing or
course materials relating to lega l issues, concepts, and state laws
annually, but not later than ninety (90) days following the
adjournment of any le gislative session.
F. By January 1, 2009, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall includ e in its
required courses of study for law enforcement certification oil
field equipment theft training.
G. By January 1, 2012, CLEET, p ursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall establish and
include in its require d courses of study for law enforcement
certification a minimum of eight (8) hours of evidence -based
domestic violence and stalking investi gation training. The training
should include, at a minimum, the importance of reporting domestic
violence incidents, determining the predominant aggressor, evidence-
based investigation of domestic violence and stalking, lethality
assessment, and personal safety planning necessary at the pretrial
stages of a potential criminal cas e. A portion of the training
shall include instruction presented by an expert victim advocate
selected from recommendations provided by the Office of the Attor ney
General or the Domestic Violence Fatality Review Board. The
training shall be developed in collaboration with the Domestic
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Violence Fatality Review Board, and where applicable, shall replace
existing domestic violence and stalking courses currently re quired.
H. By January 1, 2012, the evidence-based domestic violence and
stalking investigati on curriculum developed in collaboration with
the Domestic Violence Fatality Review Board shall be submitted to
the Council for approval.
I. CLEET shall establish the training provided in subsection G
of this section as a part of CLEET ’s peace officer continuing
education program and develop a plan to train full-time peace
officers previously certified by CLEET pursuant to Section 3311 of
this title where applicabl e. The Office of th e Attorney General
shall provide a list of expert victim advocates tha t are available
to assist in the training.
J. The Council is authorized to pay for and send training staff
and employees to one or more training and education course s in
jurisdictions outside this state for the purpose of expanding
curriculum, training skill development, and general knowledge within
the field of law enforcement education and training.
K. On and after November 1, 2013, CLEET, pursuant to its
authority granted by Section 3311 of this title, shall include in
its required basic training courses for law enforcement
certification a minimum of two (2) hours of education and training
relating to recognizing and managing a person experiencing dementia
or Alzheimer’s disease.
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L. By November 1, 2019, CLEET shall establish appropriate
training resources focused on protocol for handling and processing
sexual assault calls. The training shall include, but not be
limited to:
1. How to handle the sexual assault cal l upon first contact ;
2. Determining when the assault occurred;
3. Where to take the victim;
4. Questioning witnesses and collecting evidence; and
5. Informing and assisting the victim in accessing resources,
help and information.
M. By January 1, 2024, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title , shall include in its
required courses of study for law enforcement certification a
minimum of eight (8) h ours’ training on maintaining mental and
behavioral health wellness. This requirement shall be in addition
to the required training specified in this sectio n.
N. The Council shall promulgate r ules to evaluate and approve
municipalities and counties that are deemed capable of con ducting
separate basic law enforcement training academies in their
jurisdiction and to certify officers successfully comple ting such
academy training courses. Upon appl ication to the Council, any
municipality with a population of sixty-five thousand (65,000) or
more or any county w ith a population of five hundred thousand
(500,000) or more shall be authorized to operate a bas ic law
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enforcement academy. In addition, upon application and approval
from the Council, a municipality with a population under sixt y-five
thousand (65,000) or a county with a population under five hund red
thousand (500,000) may be authorized to operate a basic law
enforcement academy; provided, howe ver, the Council may approve no
more than two such applications per year. The Council shall approve
an application when the municipality or county making th e
application meets the criteria for a separate train ing academy and
demonstrates to the satisfacti on of the Council that the academy has
sufficient resources to conduct the training, th e instructional
staff is appropriately trained and qualified to teach the course
materials, the curriculum is composed of c omparable or higher
quality course segments to the CLEET academy curriculum, and the
facilities where the academy will be conducted a re safe and
sufficient for law enforcement training purposes. Any mun icipality
or county authorized to operate a basic law enforcement academy
after November 1, 2007, s hall not be eligible to receive funds
pursuant to subsection E of Section 1313.2 of Tit le 20 of the
Oklahoma Statutes. The Council shall not provide any fun ding for
the operation of any separate training acade my authorized by this
subsection.
N. O. Any municipality or county that, prior to November 1,
2007, was authorized to conduct a basic l aw enforcement academy
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shall continue to receive funding pursuant to s ubsection E of
Section 1313.2 of Title 20 of the O klahoma Statutes.
O. P. The Council shall promulgate rules to evaluate and
approve an application submitted by the Department of Corrections
for a separate trainin g academy. Pursuant to the promulgated rules,
the Council shall approve a separate training academy once the
Department:
1. Has met the criteria for a separate training academy;
2. Demonstrates to the satisfaction of the Council that the
academy has sufficient resources to conduct the training ;
3. Has the instructional staff appropriately trained and
qualified to teach the course materia ls;
4. Has the curriculum composed of comparable or higher quality
course segments to the CLEET academy curriculu m; and
5. Has the facilities where the acade my will be conducted that
are safe and sufficient for law enforcement training purposes.
The Council shall not provide any funding for the operation of
any separate training academy authorized by this subsection.
SECTION 3. This act shall become eff ective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 23, 2023 - DO PASS AS AMENDED BY CS