Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB379 Compare Versions

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3		-	ENGR. S. B. NO. 379 Page 1 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 379 By: Daniels and Boren of the
30		-	Senate
31		-
32		-	and
33		-
34		-	Roe of the House
	29	+	SENATE FLOOR VERSION
	30	+	February 23, 2023
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	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR
	35	+	SENATE BILL NO. 379 By: Daniels and Boren
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40	39		An Act relating to law enforcement officer personal
41	40		mental health wellness; amending 70 O.S. 2021,
42	41		Section 3311.4, which relates to cont inuing law
43	42		enforcement training; requiring certain training;
44	43		amending 70 O.S. 2021, Section 3311.5, as amended by
45	44		Section 1, Chapter 399, O.S.L. 2022 (70 O .S. Supp.
46	45		2022, Section 3311.5), which relates to required
47	46		courses of study for law enforcement certi fication;
48	47		requiring certain training; updating statutory
49	48		reference; and providing an effective date .
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54	53		BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
55	54		SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 3311.4, is
56	55		amended to read as follows:
57	56		Section 3311.4. A. Beginning January 1, 2008, and annually
58	57		thereafter, every active full -time peace officer, certified by the
59	58		Council on Law Enforcement Education and Training (CLEET) pur suant
60	59		to Section 3311 of t his title, shall attend and complete a minimum
61	60		of twenty-five (25) hours of continuing law enforcement training
62	61		accredited or provided by CLEET which shall include a mandatory two
63	62		(2) hours on mental health issues . Effective November 1, 2019,
64	63		CLEET shall establish appropriate training resources which shall
	64	+	include the policies and protocols for responding to sexual assault
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91		-	include the policies and protocols for responding to sexual assault
92	92		calls, guidelines for the collection and mai ntenance of sexual
93	93		assault kits and continuing educa tion on trauma-informed sexual
94	94		assault response and intervention, and shall require all CLEET-
95	95		certified law enforcement officers to complete such training on a
96	96		regular basis to be determined by CLEET. CL EET shall promulgate
97	97		rules to enforce the provisions of this section and shall enter into
98	98		contracts and agreements for the payment of classroom space,
99	99		training, food, and lodging expenses as may be necessary for law
100	100		enforcement officers attending such trai ning in accordance with
101	101		subsection B of Section 3311 of this title. Such training and
102	102		seminars shall be conducted in all areas of this state at technology
103	103		center schools, institutions of higher education, or other approved
104	104		sites.
105	105		B. Beginning January 1, 2017, and annually thereafter, every
106	106		active reserve peace officer, certified by CLEET pursu ant to Section
107	107		3311 of this title, shall attend and complete a minimum of eight (8)
108	108		hours of continuing law enforcement training accredited or provided
109	109		by CLEET which shall include a mandatory one (1) hour on mental
110	110		health issues.
111	111		C. Beginning January 1, 2024, and annually thereafter, every
112	112		active peace officer, certified by CLEET pursuant to Section 3311 of
113	113		this title, shall attend and complete a minimum of two (2) hours of
114	114		continuing law enforcement educat ion training accredited or provided
	115	+	by CLEET on maintaining mental and behavioral health wellness. This
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141		-	by CLEET on maintaining mental and behavioral health wellness. This
142	143		requirement shall be in addition to the required training specified
143	144		in this section.
144	145		C. D. Every inactive full-time or reserve peace officer,
145	146		certified by CLEET, shall be ex empt from these requirements durin g
146	147		the inactive status. Upon reentry to full-time active status, the
147	148		peace officer shall be required to comply with subsec tion A of this
148	149		section. If a full-time certified peace officer has been inactive
149	150		for five (5) or more years, the officer must complet e refresher
150	151		training as prescribed by CLEET and which shall include a minimum of
151	152		four (4) hours of mental health education and training, within one
152	153		(1) year of employment. Upon reentry to active reserve status, the
153	154		peace officer shall be required to compl y with subsection B of this
154	155		section. If a certified reserve officer has been inactive for five
155	156		(5) or more years, the cer tified reserve officer shall complete a
156	157		legal update as prescribed by CLEET. The Director of CLEET may
157	158		waive these requirements based on review of all records of
158	159		employment and training.
159	160		D. E. Every tribal officer who is commissioned by an Oklahoma
160	161		law enforcement agency pursuant to a cross -deputization agreement
161	162		with the State of Oklahoma or any polit ical subdivision of the State
162	163		of Oklahoma pursuant to the provisions of Section 1221 of Title 74
163	164		of the Oklahoma Statutes shall comply with the provisions of t his
164	165		section.
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191	193		E. F. Any active full-time or reserve certified peace officer,
192	194		or CLEET-certified cross-deputized tribal officer who fails to meet
193	195		the annual training requirements specified in this section, sh all be
194	196		subject to having the certification of the pe ace officer suspended,
195	197		after the peace officer and the employer have been given written
196	198		notice of noncompliance and a reasonable time, as defined by the
197	199		Council, to comply with the provisions of this sect ion. A peace
198	200		officer shall not be employed in the c apacity of a peace officer
199	201		during any period of suspension. The suspension period shall be fo r
200	202		a period of time until the offic er files a statement attesting to
201	203		full compliance with the provisions of thi s section. Suspension of
202	204		peace officer certificatio n shall be reported to the district
203	205		attorney for the jurisdiction in which the officer is empl oyed, the
204	206		liability insurance comp any of the law enforcement agency that
205	207		employed the peace officer, the chief elected official of the
206	208		governing body of the law e nforcement agency and the chief law
207	209		enforcement officer of the law enforcement agency. Any of ficer
208	210		whose certification is suspe nded pursuant to this section may
209	211		request a hearing with CLEET. Such hearin gs shall be governed by
210	212		the Administrative Procedure s Act except that the affected officer
211	213		has the burden to show CLEET why CLEET should not have the
212	214		certification of the officer s uspended.
213	215		F. G. All certified, active full-time or reserve peace officers
214	216		employed, commissioned or appointed for a period of nine ty (90) days
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241	244		in a calendar year, who become inactive prior to the end of a
242	245		calendar year, are responsible for meeting mandato ry continuing
243	246		education requirements as set forth in this section upon return t o
244	247		active full-time or reserve peace officer status w ithin sixty (60)
245	248		days of the date of return to employment, commission or appointment.
246	249		Failure to complete the mandatory cont inuing education within sixty
247	250		(60) days may result in disciplinary action as se t forth in CLEET
248	251		Rules at OAC 390:2. Full -time or reserve certified peace officers
249	252		who return to active status within the calendar year they b ecome
250	253		inactive must complete the a nnual mandatory continuing education
251	254		requirements outlined in this section with in the remaining portion
252	255		of the calendar year.
253	256		G. H. Peace officers with full -time certification who worked
254	257		during a calendar year only as a r eserve officer are required to
255	258		complete only the training requirements for reserve certification.
256	259		For purposes of the requirements outlined in subsection F G of this
257	260		section, full-time peace officers who worked both in the capacity of
258	261		a full-time peace officer and reserve officer in a calen dar year
259	262		must complete full-time continuing education requirements.
260	263		SECTION 2. AMENDATORY 70 O.S. 2021, Section 3311.5, as
261	264		amended by Section 1, Chapter 399, O.S.L. 2022 (70 O.S. Supp. 2022,
262	265		Section 3311.5), is amended to read as follows:
263	266		Section 3311.5. A. On and after November 1, 2007, the Council
264	267		on Law Enforcement Education and Training ( CLEET), pursuant to its
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291	295		authority granted by Section 3311 of this title, shall include i n
292	296		its required basic training courses for law enforc ement
293	297		certification a minimum of four (4) hours of education and training
294	298		relating to recognizing and managing a per son appearing to require
295	299		mental health treatment or services. The Council shall further
296	300		offer a minimum of four (4) hours of education and training on
297	301		specific mental health issues pursuant to Section 3311.4 of this
298	302		title to meet the annual requirement fo r continuing education in the
299	303		areas of mental health issues.
300	304		B. By January 1, 2008, CLEET, pursuan t to its authority granted
301	305		by Sections 3311 and 3311.4 of this title, shall include in its
302	306		required courses of study for law enforcement certification a
303	307		minimum of six (6) hour s of evidence-based sexual assault and sexual
304	308		violence training. A portion of t he sexual assault and sexual
305	309		violence training shall include instruction presented by a certified
306	310		sexual assault service provider.
307	311		C. By January 1, 2012, e very active full-time peace officer,
308	312		previously certified by CLEET pursuant to Section 3311 of this
309	313		title, shall be required to attend and co mplete the evidence-based
310	314		sexual assault and sexual violence training provided in subsection B
311	315		of this section.
312	316		D. CLEET shall promulgate rules to enforce the provisions of
313	317		subsections B and C of this section and s hall, with the assistance
314	318		of certified sexual assault service providers, establish a
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341	346		comprehensive integrated curriculum for the teaching of evidence -
342	347		based sexual assault and s exual violence issues.
343	348		E. The Council is required to update that block of train ing or
344	349		course materials relating to lega l issues, concepts, and state laws
345	350		annually, but not later than ninety (90) days following the
346	351		adjournment of any le gislative session.
347	352		F. By January 1, 2009, CLEET, pursuant to its authority granted
348	353		by Sections 3311 and 3311.4 of this title, shall includ e in its
349	354		required courses of study for law enforcement certification oil
350	355		field equipment theft training.
351	356		G. By January 1, 2012, CLEET, p ursuant to its authority granted
352	357		by Sections 3311 and 3311.4 of this title, shall establish and
353	358		include in its require d courses of study for law enforcement
354	359		certification a minimum of eight (8) hours of evidence -based
355	360		domestic violence and stalking investi gation training. The training
356	361		should include, at a minimum, the importance of reporting domestic
357	362		violence incidents, determining the predominant aggressor, evidence-
358	363		based investigation of domestic violence and stalking, lethality
359	364		assessment, and personal safety planning necessary at the pretrial
360	365		stages of a potential criminal cas e. A portion of the training
361	366		shall include instruction presented by an expert victim advocate
362	367		selected from recommendations provided by the Office of the Attor ney
363	368		General or the Domestic Violence Fatality Review Board. The
364	369		training shall be developed in collaboration with the Domestic
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391	397		Violence Fatality Review Board, and where applicable, shall replace
392	398		existing domestic violence and stalking courses currently re quired.
393	399		H. By January 1, 2012, the evidence-based domestic violence and
394	400		stalking investigati on curriculum developed in collaboration with
395	401		the Domestic Violence Fatality Review Board shall be submitted to
396	402		the Council for approval.
397	403		I. CLEET shall establish the training provided in subsection G
398	404		of this section as a part of CLEET ’s peace officer continuing
399	405		education program and develop a plan to train full-time peace
400	406		officers previously certified by CLEET pursuant to Section 3311 of
401	407		this title where applicabl e. The Office of th e Attorney General
402	408		shall provide a list of expert victim advocates tha t are available
403	409		to assist in the training.
404	410		J. The Council is authorized to pay for and send training staff
405	411		and employees to one or more training and education course s in
406	412		jurisdictions outside this state for the purpose of expanding
407	413		curriculum, training skill development, and general knowledge within
408	414		the field of law enforcement education and training.
409	415		K. On and after November 1, 2013, CLEET, pursuant to its
410	416		authority granted by Section 3311 of this title, shall include in
411	417		its required basic training courses for law enforcement
412	418		certification a minimum of two (2) hours of education and training
413	419		relating to recognizing and managing a person experiencing dementia
414	420		or Alzheimer’s disease.
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441	448		L. By November 1, 2019, CLEET shall establish appropriate
442	449		training resources focused on protocol for handling and processing
443	450		sexual assault calls. The training shall include, but not be
444	451		limited to:
445	452		1. How to handle the sexual assault cal l upon first contact ;
446	453		2. Determining when the assault occurred;
447	454		3. Where to take the victim;
448	455		4. Questioning witnesses and collecting evidence; and
449	456		5. Informing and assisting the victim in accessing resources,
450	457		help and information.
451	458		M. By January 1, 2024, CLEET, pursuant to its authority granted
452	459		by Sections 3311 and 3311.4 of this title , shall include in its
453	460		required courses of study for law enforcement certification a
454	461		minimum of eight (8) h ours’ training on maintaining mental and
455	462		behavioral health wellness. This requirement shall be in addition
456	463		to the required training specified in this sectio n.
457	464		N. The Council shall promulgate r ules to evaluate and approve
458	465		municipalities and counties that are deemed capable of con ducting
459	466		separate basic law enforcement training academies in their
460	467		jurisdiction and to certify officers successfully comple ting such
461	468		academy training courses. Upon appl ication to the Council, any
462	469		municipality with a population of sixty-five thousand (65,000) or
463	470		more or any county w ith a population of five hundred thousand
464	471		(500,000) or more shall be authorized to operate a bas ic law
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491	499		enforcement academy. In addition, upon application and approval
492	500		from the Council, a municipality with a population under sixt y-five
493	501		thousand (65,000) or a county with a population under five hund red
494	502		thousand (500,000) may be authorized to operate a basic law
495	503		enforcement academy; provided, howe ver, the Council may approve no
496	504		more than two such applications per year. The Council shall approve
497	505		an application when the municipality or county making th e
498	506		application meets the criteria for a separate train ing academy and
499	507		demonstrates to the satisfacti on of the Council that the academy has
500	508		sufficient resources to conduct the training, th e instructional
501	509		staff is appropriately trained and qualified to teach the course
502	510		materials, the curriculum is composed of c omparable or higher
503	511		quality course segments to the CLEET academy curriculum, and the
504	512		facilities where the academy will be conducted a re safe and
505	513		sufficient for law enforcement training purposes. Any mun icipality
506	514		or county authorized to operate a basic law enforcement academy
507	515		after November 1, 2007, s hall not be eligible to receive funds
508	516		pursuant to subsection E of Section 1313.2 of Tit le 20 of the
509	517		Oklahoma Statutes. The Council shall not provide any fun ding for
510	518		the operation of any separate training acade my authorized by this
511	519		subsection.
512	520		N. O. Any municipality or county that, prior to November 1,
513	521		2007, was authorized to conduct a basic l aw enforcement academy
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540	549		shall continue to receive funding pursuant to s ubsection E of
541	550		Section 1313.2 of Title 20 of the O klahoma Statutes.
542	551		O. P. The Council shall promulgate rules to evaluate and
543	552		approve an application submitted by the Department of Corrections
544	553		for a separate trainin g academy. Pursuant to the promulgated rules,
545	554		the Council shall approve a separate training academy once the
546	555		Department:
547	556		1. Has met the criteria for a separate training academy;
548	557		2. Demonstrates to the satisfaction of the Council that the
549	558		academy has sufficient resources to conduct the training ;
550	559		3. Has the instructional staff appropriately trained and
551	560		qualified to teach the course materia ls;
552	561		4. Has the curriculum composed of comparable or higher quality
553	562		course segments to the CLEET academy curriculu m; and
554	563		5. Has the facilities where the acade my will be conducted that
555	564		are safe and sufficient for law enforcement training purposes.
556	565		The Council shall not provide any funding for the operation of
557	566		any separate training academy authorized by this subsection.
558	567		SECTION 3. This act shall become eff ective November 1, 2023.
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576		-	17
577		-	18
578		-	19
579		-	20
580		-	21
581		-	22
582		-	23
583		-	24
584		-
585		-	Passed the Senate the 23rd day of March, 2023.
586		-
587		-
588		-
589		-	Presiding Officer of the Senate
590		-
591		-
592		-	Passed the House of Representatives the ____ day of __________,
593		-	2023.
594		-
595		-
596		-
597		-	Presiding Officer of the House
598		-	of Representatives
599		-
	568	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	569	+	February 23, 2023 - DO PASS AS AMENDED BY CS