Oklahoma 2025 Regular Session

Oklahoma House Bill HB1190 Compare Versions

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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 60th Legislature (2025)
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35		-	HOUSE BILL 1190 By: West (Rick) of the House
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37		-	and
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39		-	Bullard of the Senate
	32	+	HOUSE BILL 1190 By: West (Rick)
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45	38		AS INTRODUCED
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47	40		An Act relating to law enforcement education and
48	41		training; amending 70 O.S. 2021, Section 3311, as
49	42		last amended by Section 1, Chapte r 65, O.S.L. 2024
50	43		(70 O.S. Supp. 2024, Section 3311), which relates to
51	44		the Council on Law Enforcement Education and
52	45		Training; modifying certain background investigation
53	46		requirement; prohibiting the certification of
54	47		permanent resident aliens; providing an e xception;
55	48		and providing an effective date .
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61	54		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
62	55		SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, as
63	56		last amended by Section 1, Chapter 65, O.S.L. 2024 (70 O.S. Supp.
64	57		2024, Section 3311), is amended to read as follows:
65	58		Section 3311. A. There is hereby created a Council on Law
66	59		Enforcement Education and Training which shall be, and is hereby
67	60		declared to be, a governmental law enforcement agency of the State
68	61		of Oklahoma, body politic and corporate, with powers of government
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96	62		and with the authority to exercise the rights, privileges and
97	63		functions necessary to ensure the professional training and
98	64		continuing education of law enforcement officers in this state.
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99	91		These rights, privileges and functions include, but are not limited
100	92		to, those specified in Sections 3311 through 3311.15 of this title
101	93		and in the Oklahoma Security Guard and Private Investigator Act and
102	94		the Bail Enforcement and Licensing Act. The Council shall be
103	95		authorized to require agency employees and the employees of agency
104	96		contractors in positions to have access to Oklahoma Peace Officer
105	97		records, Oklahoma Security Guard and Private Investigator records,
106	98		Bail Enforcement and Licensing Act records, to be subject to a
107	99		criminal history search by the Oklahoma State Bureau of
108	100		Investigation, as well as be fingerprinted for submission of the
109	101		fingerprints through the Oklahoma State Bureau of Investigation to
110	102		the Federal Bureau of Investigation for a national criminal history
111	103		check. The Council shall be the recipient of the results of the
112	104		record check. In accordance with Section 150.9 of Title 74 of the
113	105		Oklahoma Statutes, this includes a national criminal record with a
114	106		finger print analysis. The Council shall be composed of thirteen
115	107		(13) members as follows:
116	108		1. The Commissioner of the Department of Public Safety, or
117	109		designee;
118	110		2. The Director of the Oklahoma State Bureau of Narcotics and
119	111		Dangerous Drugs Control, or designee;
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147	112		3. The Director of the Oklahoma State Bureau of In vestigation,
148	113		or designee;
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149	140		4. One member appointed by the Governor who shall b e a law
150	141		enforcement administrator representing a tribal law enforcement
151	142		agency;
152	143		5. One member appointed by the Governor who shall be a chief of
153	144		police of a municipality with a p opulation over one hundred thousand
154	145		(100,000), as determined by the latest Federal Decennial Census;
155	146		6. One member appointed by the Board of Directors of the
156	147		Oklahoma Sheriffs' Association who shall be a sheriff of a county
157	148		with a population under twenty -five thousand (25,000), as determined
158	149		by the latest Federal Decennial Census;
159	150		7. One member appointed by the Oklahoma Association of Chiefs
160	151		of Police who shall be a chief of police representing a municipality
161	152		with a population over ten thousand (10,000), as determined by the
162	153		latest Federal Decennial Census;
163	154		8. One member shall be appointed by the Board of Directors of
164	155		the Oklahoma Sheriffs ' Association who shall be a sheriff of a
165	156		county with a population of twenty -five thousand (25,000) or more,
166	157		as determined by the latest Federal Decennial Census;
167	158		9. One member appointed by the B oard of Directors of the
168	159		Fraternal Order of Police who shall have experience as a training
169	160		officer;
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197	161		10. One member appointed by the Chancellor of Higher Education
198	162		who shall be a representative of East Central University;
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199	189		11. One member appointed by the Board of Directors of the
200	190		Oklahoma Sheriffs and Peace Officers Association who shall be a
201	191		full-time law enforcement officer in good standing with CLEET within
202	192		a county with a popu lation under fifty thousand (50,000);
203	193		12. The President Pro Tempore of the Ok lahoma State Senate
204	194		shall appoint one member from a list of three or more nominees
205	195		submitted by a statewide organization representing cities and towns
206	196		that is exempt from taxatio n under federal law and designated
207	197		pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
208	198		Section 170(a); and
209	199		13. The Speaker of the Oklahoma House of Representatives shall
210	200		appoint one member from a list of three or more nominees submitted
211	201		by an organization that assists in the establishment of
212	202		accreditation standards and training programs for law enforcement
213	203		agencies throughout this state.
214	204		The Executive Director selected by the Council shall be an ex
215	205		officio member of the Council and shall ac t as Secretary. The
216	206		Council on Law Enforcement Education and Training shall select a
217	207		chair and vice-chair from among its members. Members of the Council
218	208		on Law Enforcement Education and Training shall not receive a salary
219	209		for duties performed as members of the Council, but shall be
220	210		reimbursed for their actual and necessary expense s incurred in the
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248	211		performance of Council duties pursuant to the provisions of the
249	212		State Travel Reimbursement Act.
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250	239		B. The Council on Law Enforcement Education and Training is
251	240		hereby authorized and directed to:
252	241		1. Appoint a larger Advisory Council to discuss problems and
253	242		hear recommendations concerning necessary research, minimum
254	243		standards, educational needs, and other matters imperative to
255	244		upgrading Oklahoma law enforcement to pr ofessional status;
256	245		2. Promulgate rules with respect to such matters as
257	246		certification, revocation, suspension, withdrawal and reinstatement
258	247		of certification, minimum courses of study, testing and test scores,
259	248		attendance requirements, equipment and faciliti es, minimum
260	249		qualifications for instructors, minimum standards for basic and
261	250		advanced in-service courses, and seminars for Oklahoma police and
262	251		peace officers;
263	252		3. Authorize research, basic and advanced courses, and seminars
264	253		to assist in program planning dir ectly and through subcommittees;
265	254		4. Authorize additional staff and services n ecessary for
266	255		program expansion;
267	256		5. Recommend legislation necessary to upgrade Oklahoma law
268	257		enforcement to professional status;
269	258		6. Establish policies and regulations concerning the number,
270	259		geographic and police unit distribution, and admission requirements
271	260		of those receiving tuition or scholarship aid available through the
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300	288		members of legally constituted local, coun ty, and state law
301	289		enforcement agencies on the basis of educational and financi al need;
302	290		7. Appoint an Executive Director to direct the staff, inform
303	291		the Council of compliance with the provisions of this section and
304	292		perform such other duties imposed on the Council by law. An
305	293		Executive Director appointed by the Council must qualify for the
306	294		position with a bachelor or higher degree in law enforcement from an
307	295		accredited college or university, or a bachelor or higher degree in
308	296		a law-enforcement-related subject area, and a minimum of five (5)
309	297		years of active law enforcement experience inc luding, but not
310	298		limited to, responsibility for enforcement, investigation,
311	299		administration, training, or curriculum implementation.
312	300		The Executive Director of the Council on Law En forcement
313	301		Education and Training may hire an Assistant Director to perform
314	302		such duties as directed by the Executive Director.
315	303		The Executive Director of the Council on Law Enforcement
316	304		Education and Training may commission CLEET staff as peace officers
317	305		for purposes consistent with the duties of CLEET as set out in state
318	306		law. The powers and duties conferred on the Executive Director or
319	307		any staff member appointed by the Executive Director as a peace
320	308		officer shall not limit the powers and duties of other peace
321	309		officers of this state or any political subdivision thereof. The
322	310		Executive Director or any staff member appointed by the Executive
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324		-	HB1190 HFLR Page 7
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350	337		Director as a peace officer may, upon request, assist any federal,
351	338		state, county or municipal law enforcement agency;
352	339		8. Enter into contracts and agreements for the payment of
353	340		classroom space, food, an d lodging expenses as may be necessary for
354	341		law enforcement officers attending any official course of
355	342		instruction approved or conducted by the Council. Such expenses may
356	343		be paid directly to the contracting agency or business
357	344		establishment. The food and lodging expenses for each law
358	345		enforcement officer shall not exceed the authorized rates as
359	346		provided for in the State Travel Reimbursement Act; provided,
360	347		however, the Council may pr ovide food and lodging to law enforcement
361	348		officials attending any official cou rse of instruction approved or
362	349		conducted by the Council rather than paying for the provision of
363	350		such food and lodging by an outside contracting agency or business
364	351		establishment;
365	352		9. a. Certify canine teams, consisting of a dog and a
366	353		handler working together as a team, trained to detect:
367	354		(1) controlled dangerous substances, or
368	355		(2) explosives, explosive materials, explosive
369	356		devices, or materials which could be used to
370	357		construct an explosive device;
371	358		provided, the dog of a certified canine team shall not
372	359		be certified at any time as both a drug dog and a bomb
373	360		dog, and any dog of a certified canine team who has
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375		-	HB1190 HFLR Page 8
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401	387		been previously certified as either a drug dog or a
402	388		bomb dog shall not be elig ible at any time to be
403	389		certified in the other category.
404	390		b. Upon retiring the dog from the service it was
405	391		certified to perform, the law enforcement department
406	392		that handled the dog shall retain possession of the
407	393		dog. The handler shall have first option of a dopting
408	394		the dog. If that option is not exercised, the law
409	395		enforcement department shall provide for its adoption.
410	396		Once adopted the dog shall not be placed back into
411	397		active service;
412	398		10. Enter into a lease, loan or other agreement with the
413	399		Oklahoma Development Finance Authority or a local public trust for
414	400		the purpose of facilitating the financing of a new facility for its
415	401		operations and use and pledge, to the extent authorized by law, all
416	402		or a portion of its receipts of the assessment penalty herein
417	403		referenced for the payment of its obligations under such lease, loan
418	404		or other agreement. It is the intent of the Legislature to increase
419	405		the assessment penalty to such a level or appropriate sufficient
420	406		monies to the Council on Law Enforcement Education and Train ing to
421	407		make payments on the lease, loan or other agreement for the purpose
422	408		of retiring the bonds to be issued by the Oklahoma Development
423	409		Finance Authority or local public trust. Such lease, loan or other
424	410		agreement and the bonds issued to finance such fac ilities shall not
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452	437		constitute an indebtedness of this state or be backed by the full
453	438		faith and credit of this state, and the lease, loan or other
454	439		agreement and the bonds shall contain a statement to such effect;
455	440		11. Accept gifts, bequests, devises, contrib utions and grants,
456	441		public or private, of real or personal property;
457	442		12. Appoint an advisory committee composed of representatives
458	443		from security guard and private investigative agencies to advise the
459	444		Council concerning necessary research, minimum standards for
460	445		licensure, education, and other matters related to licensure of
461	446		security guards, security guard agencies, private investigators, and
462	447		private investigative agencies;
463	448		13. Enter into agreements with individuals, educational
464	449		institutions, agencies, and b usiness and tribal entities for
465	450		professional services, the use of facilities and supplies, and staff
466	451		overtime costs incurred as a result of the user 's requests to
467	452		schedule functions after -hours, on weekends, or anytime such
468	453		requests extend staff beyond its normal capacity, whereby
469	454		contracting individuals, educational institutions, a gencies, and
470	455		business and tribal entities shall pay a fee to be determined by the
471	456		Council by rule. All fees collected pursuant to facilities usage
472	457		shall be deposited to the cred it of the C.L.E.E.T. Training Center
473	458		Revolving Fund created pursuant to Section 3311.6 of this title.
474	459		All other fees collected pursuant to these agreements shall be
475	460		deposited to the credit of the Peace Officer Revolving Fund created
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503	487		pursuant to Section 33 11.7 of this title. The Council is authorized
504	488		to promulgate emergency rules t o effectuate the provisions of this
505	489		paragraph;
506	490		14. Promulgate rules to establish a state firearms
507	491		requalification standard for active peace officers and meet any
508	492		requirements imposed on the Council by the federal Law Enforcement
509	493		Officers Safety Act of 2004;
510	494		15. Set minimal criteria relating to qualifications for chief
511	495		of police administrative training pursuant to Section 34 -102 of
512	496		Title 11 of the Oklahoma Statutes, assist in dev eloping a course of
513	497		training for a Police Chief Administrative School, and app rove all
514	498		police chief administrative training offered in this state;
515	499		16. Appoint a Curriculum Review Board to be composed of six (6)
516	500		members as follows:
517	501		a. one member shall be s elected by the Chancellor for
518	502		Higher Education, who possesses a background of
519	503		creation and review of curriculum and experience
520	504		teaching criminal justice or law enforcement courses,
521	505		who shall serve an initial term of one (1) year,
522	506		b. one member shall repres ent a municipal jurisdiction
523	507		with a population of fifty thousand (50,000) or m ore
524	508		and who shall be a management -level CLEET-certified
525	509		training officer, who shall serve an initial term of
526	510		two (2) years,
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532	515		4
533	516		5
534	517		6
535	518		7
536	519		8
537	520		9
538	521		10
539	522		11
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541	524		13
542	525		14
543	526		15
544	527		16
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547	530		19
548	531		20
549	532		21
550	533		22
551	534		23
552	535		24
553	536
554	537		c. one member shall represent a county jurisdiction wi th
555	538		a population of fifty thousand (50,000) or more and
556	539		who shall be a management -level CLEET-certified
557	540		training officer, who shall serve an initial term of
558	541		three (3) years,
559	542		d. one member shall represent a municipal jurisdiction
560	543		with a population of less th an fifty thousand (50,000)
561	544		and who shall be a CLEET -certified training officer ,
562	545		who shall serve an initial term of two (2) years,
563	546		e. one member shall represent a county jurisdiction with
564	547		a population of less than fifty thousand (50,000) and
565	548		who shall be a CLEET-certified training officer, who
566	549		shall serve an initial term of one (1) year, and
567	550		f. one member selected by the Oklahoma Department of
568	551		Career and Technology, who shall have experience in
569	552		the creation and review of curriculum as well as
570	553		experience in teaching criminal justice or law
571	554		enforcement courses, who shall serve an initia l term
572	555		of three (3) years.
573	556		After the initial terms of office, all members shall be
574	557		appointed to serve three -year terms. Any member may be reappointed
575	558		to serve consecutive terms. Members shall serve without
576	559		compensation, but may be reimbursed for travel expenses pursuant to
577	560		the State Travel Reimbursement Act. The Board shall review and
578	561
579		-	HB1190 HFLR Page 12
580		-	BOLD FACE denotes Committee Amendments. 1
	562	+	Req. No. 10008 Page 12 1
581	563		2
582	564		3
583	565		4
584	566		5
585	567		6
586	568		7
587	569		8
588	570		9
589	571		10
590	572		11
591	573		12
592	574		13
593	575		14
594	576		15
595	577		16
596	578		17
597	579		18
598	580		19
599	581		20
600	582		21
601	583		22
602	584		23
603	585		24
604	586
605	587		establish curriculum for all CLEET academies and training courses
606	588		pursuant to procedures estab lished by the Council on Law Enforcement
607	589		Education and Training;
608	590		17. Conduct review and verification of any records relating to
609	591		the statutory duties of CLEET;
610	592		18. Receive requested reports including investigative reports,
611	593		court documents, statements, or other applicable information from
612	594		local, county and state agencies and other agencies for use in
613	595		actions where a certification or license issued by CLEET may be
614	596		subject to disciplinary or other actions provided by law;
615	597		19. Summarily suspend a certificatio n of a peace officer,
616	598		without prior notice but otherwise subject to administra tive
617	599		proceedings, if CLEET finds that the actions of the certified peace
618	600		officer may present a danger to the peace officer, the public, a
619	601		family or household member, or involve a crime against a minor. A
620	602		certified copy of the information or indictment charging such a
621	603		crime shall be considered clear and convincing evidence of the
622	604		charge; and
623	605		20. Approve law enforcement agencies and police departments in
624	606		accordance with the follow ing:
625	607		a. this section applies only to an entity authorized by
626	608		statute or by the Constitution to create a law
627	609		enforcement agency or police department and
628	610		commission, appoint, or employ officers that first
629	611
630		-	HB1190 HFLR Page 13
631		-	BOLD FACE denotes Committee Amendments. 1
	612	+	Req. No. 10008 Page 13 1
632	613		2
633	614		3
634	615		4
635	616		5
636	617		6
637	618		7
638	619		8
639	620		9
640	621		10
641	622		11
642	623		12
643	624		13
644	625		14
645	626		15
646	627		16
647	628		17
648	629		18
649	630		19
650	631		20
651	632		21
652	633		22
653	634		23
654	635		24
655	636
656	637		creates or reactivates an inactive law enforcement
657	638		agency or police department and first begins to
658	639		commission, appoint, or employ officers on or after
659	640		November 1, 2011,
660	641		b. the entity shall submit to CLEET, a minimum of sixty
661	642		(60) days prior to creation of the law enforcement
662	643		agency or police department, info rmation regarding:
663	644		(1) the need for the law enforcement agency or police
664	645		department in the community,
665	646		(2) the funding sources for the law enforcement
666	647		agency or police department, and proof that no
667	648		more than fifty percent (50%) of the funding of
668	649		the entity will be derived from ticket revenue or
669	650		fines,
670	651		(3) the physical resources available to officers,
671	652		(4) the physical facilities that the law enforcement
672	653		agency or police department will operate
673	654		including descriptions of the evidence room,
674	655		dispatch area, restro om facilities, and public
675	656		area,
676	657		(5) law enforcement policies of the law enforc ement
677	658		agency or police department including published
678	659		policies on:
679	660		(a) use of force,
680	661
681		-	HB1190 HFLR Page 14
682		-	BOLD FACE denotes Committee Amendments. 1
	662	+	Req. No. 10008 Page 14 1
683	663		2
684	664		3
685	665		4
686	666		5
687	667		6
688	668		7
689	669		8
690	670		9
691	671		10
692	672		11
693	673		12
694	674		13
695	675		14
696	676		15
697	677		16
698	678		17
699	679		18
700	680		19
701	681		20
702	682		21
703	683		22
704	684		23
705	685		24
706	686
707	687		(b) vehicle pursuit,
708	688		(c) mental health,
709	689		(d) professional conduct of officers,
710	690		(e) domestic abuse,
711	691		(f) response to missing persons,
712	692		(g) supervision of part-time officers, and
713	693		(h) impartial policing,
714	694		(6) the administrative structure of the law
715	695		enforcement agency or police department,
716	696		(7) liability insurance, and
717	697		(8) any other information CLEET requi res by rule,
718	698		c. within sixty (60) days of receiving an entity 's
719	699		request, CLEET will forward to the entity by certified
720	700		mail, return receipt requested, a letter of
721	701		authorization or denial to create a law enforcement
722	702		agency or police department and commissio n, appoint,
723	703		or employ officers, signed by the Executive Director
724	704		of CLEET, and
725	705		d. in cases of denial, the entity may appeal the decision
726	706		of the Executive Director to the full CLEET Council.
727	707		The Executive Director shall ensure that the final
728	708		report is provided to all members of the Council. The
729	709		Council shall review and make recomme ndations
730	710		concerning the report at the first meeting of the
731	711
732		-	HB1190 HFLR Page 15
733		-	BOLD FACE denotes Committee Amendments. 1
	712	+	Req. No. 10008 Page 15 1
734	713		2
735	714		3
736	715		4
737	716		5
738	717		6
739	718		7
740	719		8
741	720		9
742	721		10
743	722		11
744	723		12
745	724		13
746	725		14
747	726		15
748	727		16
749	728		17
750	729		18
751	730		19
752	731		20
753	732		21
754	733		22
755	734		23
756	735		24
757	736
758	737		Council to occur after all members of the Council have
759	738		received the report. The Council may, by majority
760	739		vote:
761	740		(1) order additional information be provided,
762	741		(2) order confirmation of the opinion of the
763	742		Executive Director, or
764	743		(3) order authorization of the entity.
765	744		C. 1. Payment of any fee provided for in this section may be
766	745		made by a nationally recognized credit or debit card issued to the
767	746		applicant. The Council may publicly post and collect a fe e for the
768	747		acceptance of the nationally recognized credit or debit card not to
769	748		exceed five percent (5%) of the amount of the payment. For purposes
770	749		of this subsection, "nationally recognized credit card " means any
771	750		instrument or device, whether known as a credit card, credit plate,
772	751		charge plate, or by any other name, issued with or without fee by an
773	752		issuer for the use of the cardholder in obtaining goods, services,
774	753		or anything else of value and which is accepted by over one thousand
775	754		merchants in this state. "Debit card" means an identification card
776	755		or device issued to a person by a business organization which
777	756		permits such person to obtain access to or activate a consumer
778	757		banking electronic facility. The Council shall determine which
779	758		nationally recognized credit or debit cards will be accepted as
780	759		payment for fees.
781	760
782		-	HB1190 HFLR Page 16
783		-	BOLD FACE denotes Committee Amendments. 1
	761	+	Req. No. 10008 Page 16 1
784	762		2
785	763		3
786	764		4
787	765		5
788	766		6
789	767		7
790	768		8
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803	781		21
804	782		22
805	783		23
806	784		24
807	785
808	786		2. Payment for any fee provided for in this title may be made
809	787		by a business check. The Council may:
810	788		a. add an amount equal to the amount of the service
811	789		charge incurred, not to exceed three percent (3%) of
812	790		the amount of the check as a service charge for the
813	791		acceptance and verification of the check, or
814	792		b. add an amount of no more than Five Dollars ($5.00) as
815	793		a service charge for the acceptance and verification
816	794		of a check. For purposes of this subsection,
817	795		"business check" shall not mean a money order,
818	796		cashier's check, or bank-certified check.
819	797		D. Failure of the Legislature to appropriate necessary funds to
820	798		provide for expenses and operations of the Council on Law
821	799		Enforcement Education and Training shal l not invalidate other
822	800		provisions of this section relating to the creation and duties of
823	801		the Council.
824	802		E. 1. No person shall be eligible for employment as a peace
825	803		officer or reserve peace officer until the employing law enforcement
826	804		agency has conducted a background investigation of such person
827	805		consisting of the following:
828	806		a. a fingerprint search submitted to the Oklahoma State
829	807		Bureau of Investigation with a return report to the
830	808		submitting agency that such person has no felony
831	809		record,
832	810
833		-	HB1190 HFLR Page 17
834		-	BOLD FACE denotes Committee Amendments. 1
	811	+	Req. No. 10008 Page 17 1
835	812		2
836	813		3
837	814		4
838	815		5
839	816		6
840	817		7
841	818		8
842	819		9
843	820		10
844	821		11
845	822		12
846	823		13
847	824		14
848	825		15
849	826		16
850	827		17
851	828		18
852	829		19
853	830		20
854	831		21
855	832		22
856	833		23
857	834		24
858	835
859	836		b. a fingerprint search submitted to the Federal Bureau
860	837		of Investigation with a return report to the
861	838		submitting agency that such person has no felony
862	839		record,
863	840		c. such person has undergone psychological evaluation by
864	841		a psychologist licensed by the State of Oklahoma and
865	842		has been evaluated to be suitable to serve as a peace
866	843		officer in the State of Oklahoma,
867	844		d. the employing agency has verified that such person has
868	845		a high school diploma or a GED equivalency certificate
869	846		as recognized by state law,
870	847		e. such person is not participating i n a deferred
871	848		sentence agreement for a felony, a crime involving
872	849		moral turpitude or a crime of domestic violence, and
873	850		does not have any criminal charges pending in any
874	851		court in this state, another state, in tribal court or
875	852		pursuant to the United States Code,
876	853		f. such person is not currently subject to an order of
877	854		the Council revoking, suspending, or accepting a
878	855		voluntary surrender of peace officer certification,
879	856		g. such person is not currently undergoing treatment for
880	857		a mental illness, condition or disorder. For purposes
881	858		of this subsection, "currently undergoing treatment
882	859		for mental illness, condition or disorder " means the
883	860
884		-	HB1190 HFLR Page 18
885		-	BOLD FACE denotes Committee Amendments. 1
	861	+	Req. No. 10008 Page 18 1
886	862		2
887	863		3
888	864		4
889	865		5
890	866		6
891	867		7
892	868		8
893	869		9
894	870		10
895	871		11
896	872		12
897	873		13
898	874		14
899	875		15
900	876		16
901	877		17
902	878		18
903	879		19
904	880		20
905	881		21
906	882		22
907	883		23
908	884		24
909	885
910	886		person has been diagnosed by a licensed physician,
911	887		psychologist, or licensed mental health professional
912	888		as being afflicted with a substantial disorder of
913	889		thought, mood, perception, psychological orientation
914	890		or memory that significantly impairs judgment,
915	891		behavior, capacity to recognize reality, or ability to
916	892		meet the ordinary demands of life and such condition
917	893		continues to exist,
918	894		h. such person is twenty-one (21) years of age.
919	895		Provided, this requirement shall not affect those
920	896		persons who are already employed as a police or peace
921	897		officer prior to November 1, 1985, a nd
922	898		i. such person has provided proof of United States
923	899		citizenship or resident alien status, pursuant to an
924	900		employment eligibility verification form from the
925	901		United States Citizenship and Immigration Services .
926	902		2. To aid the evaluating psychologist in inter preting the test
927	903		results including automated scoring and interpretations, the
928	904		employing agency shall provide the psychologist a statement
929	905		confirming the identity of the individual taking the test as the
930	906		person who is employed or seeking employment as a pea ce officer of
931	907		the agency and attesting that it administered the psychological
932	908		instrument in accordance with standards within the test document.
933	909		The psychologist shall report to the employing agency the evaluation
934	910
935		-	HB1190 HFLR Page 19
936		-	BOLD FACE denotes Committee Amendments. 1
	911	+	Req. No. 10008 Page 19 1
937	912		2
938	913		3
939	914		4
940	915		5
941	916		6
942	917		7
943	918		8
944	919		9
945	920		10
946	921		11
947	922		12
948	923		13
949	924		14
950	925		15
951	926		16
952	927		17
953	928		18
954	929		19
955	930		20
956	931		21
957	932		22
958	933		23
959	934		24
960	935
961	936		of the assessment instrument and may inclu de any additional
962	937		recommendations to assist the employing agency in determinin g
963	938		whether to certify to the Council on Law Enforcement Education and
964	939		Training that the person being evaluated is suitable to serve as a
965	940		peace officer in this state. No additiona l procedures or
966	941		requirements shall be imposed for performance of the psychological
967	942		evaluation. The psychological instrument utilized shall be
968	943		evaluated by a psychologist licensed by the State of Oklahoma, and
969	944		the employing agency shall certify to the Coun cil that the
970	945		evaluation was conducted in accordance with this provision and th at
971	946		the employee or applicant is suitable to serve as a peace officer in
972	947		this state.
973	948		a. Any person found not to be suitable for employment or
974	949		certification by the Council shall no t be employed,
975	950		retained in employment as a peace officer, or
976	951		certified by the Council for at least one (1) year, at
977	952		which time the employee or applicant may be
978	953		reevaluated by a psychologist licensed by the State of
979	954		Oklahoma. This section shall also be app licable to
980	955		all reserve peace officers in this state.
981	956		b. Any person who is cert ified by CLEET and has undergone
982	957		the psychological evaluation required by this
983	958		subparagraph and has been found to be suitable as a
984	959		peace officer shall not be required to be reeva luated
985	960
986		-	HB1190 HFLR Page 20
987		-	BOLD FACE denotes Committee Amendments. 1
	961	+	Req. No. 10008 Page 20 1
988	962		2
989	963		3
990	964		4
991	965		5
992	966		6
993	967		7
994	968		8
995	969		9
996	970		10
997	971		11
998	972		12
999	973		13
1000	974		14
1001	975		15
1002	976		16
1003	977		17
1004	978		18
1005	979		19
1006	980		20
1007	981		21
1008	982		22
1009	983		23
1010	984		24
1011	985
1012	986		for any subsequent employment as a peace officer
1013	987		following retirement or any break in service as a
1014	988		peace officer, unless such break in service exceeds
1015	989		five (5) years or the Council determines that a peace
1016	990		officer may present a danger to himself or h erself,
1017	991		the public, or a family or household member.
1018	992		c. All persons seeking ce rtification shall have their
1019	993		name, gender, date of birth, and address of such
1020	994		person submitted to the Department of Mental Health
1021	995		and Substance Abuse Services by the Council. Th e
1022	996		Department of Mental Health and Substance Abuse
1023	997		Services shall respond to the Council within ten (10)
1024	998		days whether the computerized records of the
1025	999		Department indicate the applicant has ever been
1026	1000		involuntarily committed to an Oklahoma state mental
1027	1001		institution. In the event that the Department of
1028	1002		Mental Health and Substance Abuse S ervices reports to
1029	1003		the Council that the applicant has been involuntarily
1030	1004		committed, the Council shall immediately inform the
1031	1005		employing agency.
1032	1006		All basic police courses shall incl ude a minimum of four (4)
1033	1007		hours of education and training in recognizing and managing a person
1034	1008		appearing to require mental health treatment or services. The
1035	1009		training shall include training in crime and drug prevention, crisis
1036	1010
1037		-	HB1190 HFLR Page 21
1038		-	BOLD FACE denotes Committee Amendments. 1
	1011	+	Req. No. 10008 Page 21 1
1039	1012		2
1040	1013		3
1041	1014		4
1042	1015		5
1043	1016		6
1044	1017		7
1045	1018		8
1046	1019		9
1047	1020		10
1048	1021		11
1049	1022		12
1050	1023		13
1051	1024		14
1052	1025		15
1053	1026		16
1054	1027		17
1055	1028		18
1056	1029		19
1057	1030		20
1058	1031		21
1059	1032		22
1060	1033		23
1061	1034		24
1062	1035
1063	1036		intervention, youth and famil y intervention techniques, recognizing,
1064	1037		investigating and preventing abuse and exploitation of elderly
1065	1038		persons, mental health issues, and criminal jurisdiction on
1066	1039		Sovereign Indian Land.
1067	1040		Subject to the availability of funding, for full -time salaried
1068	1041		police or peace officers a basic police course academy shall consist
1069	1042		of a minimum of six hundred (600) hours.
1070	1043		For reserve deputies a basic reserve academy shall consist of a
1071	1044		minimum of two hundred forty (240) hours.
1072	1045		3. Beginning January 1, 2018, any reserve peac e officer who has
1073	1046		completed the two-hundred-forty-hour reserve peace officer
1074	1047		certification program and who has been in active service in that
1075	1048		capacity for the past six (6) months shall be eligible to attend a
1076	1049		three-hundred-sixty-hour basic full-time training academy to become
1077	1050		certified as a full-time peace or police officer.
1078	1051		4. Every person who has not been certified as a police or peace
1079	1052		officer and is duly appointed or elected as a police or peace
1080	1053		officer shall hold such position on a temporary basis only , and
1081	1054		shall, within six (6) months from the date of appointment or taking
1082	1055		office, qualify as required in this subsection or forfeit such
1083	1056		position. In computing the time for qualification, all service
1084	1057		shall be cumulative from date of first appointment or t aking office
1085	1058		as a police or peace officer with any department in this state.
1086	1059
1087		-	HB1190 HFLR Page 22
1088		-	BOLD FACE denotes Committee Amendments. 1
	1060	+	Req. No. 10008 Page 22 1
1089	1061		2
1090	1062		3
1091	1063		4
1092	1064		5
1093	1065		6
1094	1066		7
1095	1067		8
1096	1068		9
1097	1069		10
1098	1070		11
1099	1071		12
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1108	1080		21
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1110	1082		23
1111	1083		24
1112	1084
1113	1085		a. The Council may extend the time requirement specified
1114	1086		in this paragraph for good cause as determined by the
1115	1087		Council.
1116	1088		b. A duty is hereby imposed upon the employing agency to
1117	1089		withhold payment of the compensation or wage of such
1118	1090		unqualified officer.
1119	1091		c. If the police or peace officer fails to forfeit the
1120	1092		position or the employing agency fails to require the
1121	1093		officer to forfeit the position, the district attorney
1122	1094		shall file the prope r action to cause the forfeiting
1123	1095		of such position. The district court of the county
1124	1096		where the officer is employed shall have jurisdiction
1125	1097		to hear the case.
1126	1098		5. The Council may certify officers who have completed a course
1127	1099		of study in another state deemed b y the Council to meet standards
1128	1100		for Oklahoma peace officers providing the offi cer's certification in
1129	1101		the other state has not been revoked or voluntarily surrendered and
1130	1102		is not currently under suspension.
1131	1103		6. For purposes of this section, a police or peace officer is
1132	1104		defined as a full-time duly appointed or elected officer who is paid
1133	1105		for working more than twenty -five (25) hours per week and whose
1134	1106		duties are to preserve the public peace, protect life and property,
1135	1107		prevent crime, serve warrants, transport pri soners, and enforce laws
1136	1108		and ordinances of this state, or any political subdiv ision thereof;
1137	1109
1138		-	HB1190 HFLR Page 23
1139		-	BOLD FACE denotes Committee Amendments. 1
	1110	+	Req. No. 10008 Page 23 1
1140	1111		2
1141	1112		3
1142	1113		4
1143	1114		5
1144	1115		6
1145	1116		7
1146	1117		8
1147	1118		9
1148	1119		10
1149	1120		11
1150	1121		12
1151	1122		13
1152	1123		14
1153	1124		15
1154	1125		16
1155	1126		17
1156	1127		18
1157	1128		19
1158	1129		20
1159	1130		21
1160	1131		22
1161	1132		23
1162	1133		24
1163	1134
1164	1135		provided, elected sheriffs and their deputies and elected,
1165	1136		appointed, or acting chiefs of police shall meet the requirements of
1166	1137		this subsection within the first si x (6) months after assuming the
1167	1138		duties of the office to which they are elected or appointed or for
1168	1139		which they are an acting chief; provided further, that this section
1169	1140		shall not apply to persons designated by the Director of the
1170	1141		Department of Corrections as peace officers pursuant to Section 510
1171	1142		of Title 57 of the Oklahoma Statutes.
1172	1143		F. No person shall be certified as a police or peace officer by
1173	1144		the Council or be employed by the state, a county, a city, or any
1174	1145		political subdivision thereof, who is:
1175	1146		1. Is currently subject to an order of the Council revoking,
1176	1147		suspending, or accepting a voluntary surrender of peace officer
1177	1148		certification or who has;
1178	1149		2. Has been convicted of a felony, a crime involving moral
1179	1150		turpitude, or a crime of domestic violence, unless a full pardon has
1180	1151		been granted by the proper agency; however, any person who ha s been
1181	1152		trained and certified by the Council on Law Enforcement Education
1182	1153		and Training and is actively employed as a full -time peace officer
1183	1154		as of November 1, 1985, shall not be s ubject to the provisions of
1184	1155		this subsection for convictions occurring prior to November 1, 1985 ;
1185	1156		or
1186	1157		3. Is a permanent resident alien; provided, however, any person
1187	1158		who has been trained and certified by the Council and is actively
1188	1159
1189		-	HB1190 HFLR Page 24
1190		-	BOLD FACE denotes Committee Amendments. 1
	1160	+	Req. No. 10008 Page 24 1
1191	1161		2
1192	1162		3
1193	1163		4
1194	1164		5
1195	1165		6
1196	1166		7
1197	1167		8
1198	1168		9
1199	1169		10
1200	1170		11
1201	1171		12
1202	1172		13
1203	1173		14
1204	1174		15
1205	1175		16
1206	1176		17
1207	1177		18
1208	1178		19
1209	1179		20
1210	1180		21
1211	1181		22
1212	1182		23
1213	1183		24
1214	1184
1215	1185		employed as a full-time peace officer as of November 1, 2025, shall
1216	1186		not be subject to the provisions of this paragraph.
1217	1187		G. 1. The Council is hereby authorized to provide to any
1218	1188		employing agency the following information regarding a person who is
1219	1189		or has applied for employment as a police or peace officer of such
1220	1190		employing agency:
1221	1191		a. Oklahoma State Bureau of Investigation and Federal
1222	1192		Bureau of Investigation reports,
1223	1193		b. administration of the psychological tests provided for
1224	1194		herein,
1225	1195		c. performance in the course of study or other basi s of
1226	1196		certification,
1227	1197		d. previous certifications issued, and
1228	1198		e. any administrative or judicial determination denying
1229	1199		certification.
1230	1200		2. An employing agency shall not be liable in any action
1231	1201		arising out of the release of contents of personnel information
1232	1202		relevant to the qualifications or ability of a person to perform the
1233	1203		duties of a police or peace officer when such information is
1234	1204		released pursuant to written authorization for release of
1235	1205		information signed by such person and is provided to another
1236	1206		employing agency which has employed or has received an application
1237	1207		for employment from su ch person.
1238	1208
1239		-	HB1190 HFLR Page 25
1240		-	BOLD FACE denotes Committee Amendments. 1
	1209	+	Req. No. 10008 Page 25 1
1241	1210		2
1242	1211		3
1243	1212		4
1244	1213		5
1245	1214		6
1246	1215		7
1247	1216		8
1248	1217		9
1249	1218		10
1250	1219		11
1251	1220		12
1252	1221		13
1253	1222		14
1254	1223		15
1255	1224		16
1256	1225		17
1257	1226		18
1258	1227		19
1259	1228		20
1260	1229		21
1261	1230		22
1262	1231		23
1263	1232		24
1264	1233
1265	1234		3. As used in this subsection, "employing agency" means a
1266	1235		political subdivision or law enforcement agency which either has
1267	1236		employed or received an employment applicat ion from a person who, if
1268	1237		employed, would be subject to this section.
1269	1238		H. 1. A law enforcement agency employing police or peace
1270	1239		officers in this state shall report the hiring, resignation, or
1271	1240		termination for any reason of a police or peace officer to the
1272	1241		Council within ten (10) days. Failure to comply with the provisions
1273	1242		of this subsection may disqualify a law enforcement agency from
1274	1243		participating in training programs sponsored by the Council. Every
1275	1244		law enforcement agency employing police or peace office rs in this
1276	1245		state shall submit to CLEET on or before October 1 of each calendar
1277	1246		year a complete list of all commissioned employees with a current
1278	1247		mailing address and phone number for each such employee. In
1279	1248		addition to the above, CLEET may impose an adminis trative fine for
1280	1249		violations of this section.
1281	1250		2. A tribal law enforcement agen cy that has peace officers
1282	1251		commissioned by an Oklahoma law enforcement agency pursuant to a
1283	1252		cross-deputization agreement with the State of Oklahoma or any
1284	1253		political subdivision o f the State of Oklahoma pursuant to the
1285	1254		provisions of Section 1221 of Title 74 of the Oklahoma Statutes
1286	1255		shall report the commissioning, resignation, or termination of
1287	1256		commission for any reason of a cross -deputized tribal police or
1288	1257		peace officer to CLEET wi thin ten (10) days of the commissioning,
1289	1258
1290		-	HB1190 HFLR Page 26
1291		-	BOLD FACE denotes Committee Amendments. 1
	1259	+	Req. No. 10008 Page 26 1
1292	1260		2
1293	1261		3
1294	1262		4
1295	1263		5
1296	1264		6
1297	1265		7
1298	1266		8
1299	1267		9
1300	1268		10
1301	1269		11
1302	1270		12
1303	1271		13
1304	1272		14
1305	1273		15
1306	1274		16
1307	1275		17
1308	1276		18
1309	1277		19
1310	1278		20
1311	1279		21
1312	1280		22
1313	1281		23
1314	1282		24
1315	1283
1316	1284		resignation, or termination. Failure to comply with the provisions
1317	1285		of this subsection may disqualify a tribal law enforcement agency
1318	1286		from participating in training programs sponsored by the Council.
1319	1287		I. It is unlawful for any person to willfully make any
1320	1288		statement in an application to CLEET knowing the statement is false
1321	1289		or intentionally commit fraud in any application to the Council for
1322	1290		attendance in any CLEET -conducted or CLEET-approved peace officer
1323	1291		academy or Collegiate Officer Program or for the purpose of
1324	1292		obtaining peace officer certifi cation or reinstatement. It is
1325	1293		unlawful for any person to willfully submit false or fraudulent
1326	1294		documents relating to continuing education rosters, transcripts or
1327	1295		certificates, or any canine license application. Any person
1328	1296		convicted of a violation of this subsection shall be guilty of a
1329	1297		felony punishable by imprisonment in the Department of Corrections
1330	1298		for a term of not less than two (2) years nor more than five (5)
1331	1299		years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
1332	1300		or by both such fine an d imprisonment. In addition to the above,
1333	1301		CLEET may impose an administrative fine.
1334	1302		J. 1. A police or peace officer shall be subject to
1335	1303		disciplinary action to include a denial, suspension, revocation or
1336	1304		acceptance of voluntary surrender of peace officer certification
1337	1305		upon a showing of clear and convincing evidence for the following:
1338	1306		a. conviction of a felony or a crime of domestic
1339	1307		violence,
1340	1308
1341		-	HB1190 HFLR Page 27
1342		-	BOLD FACE denotes Committee Amendments. 1
	1309	+	Req. No. 10008 Page 27 1
1343	1310		2
1344	1311		3
1345	1312		4
1346	1313		5
1347	1314		6
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1349	1316		8
1350	1317		9
1351	1318		10
1352	1319		11
1353	1320		12
1354	1321		13
1355	1322		14
1356	1323		15
1357	1324		16
1358	1325		17
1359	1326		18
1360	1327		19
1361	1328		20
1362	1329		21
1363	1330		22
1364	1331		23
1365	1332		24
1366	1333
1367	1334		b. conviction of a misdemeanor involvi ng moral turpitude;
1368	1335		provided, if the conviction is a single isolated
1369	1336		incident that occurred more than five (5) years ago
1370	1337		and the Council is satisfied that the person has been
1371	1338		sufficiently rehabilitated, the Council may, in its
1372	1339		discretion, certify such pers on providing that all
1373	1340		other statutory requirements have been met,
1374	1341		c. a verdict of guilt or entry of a plea of guilty or
1375	1342		nolo contendere or an "Alford" plea or any plea other
1376	1343		than a not guilty plea for a felony offense, a crime
1377	1344		of moral turpitude, or a crim e of domestic violence,
1378	1345		d. falsification or a willful misrepresentation of
1379	1346		information in an employment application or
1380	1347		application to the Council on Law Enforcement
1381	1348		Education and Training, records of evidence, or in
1382	1349		testimony under oath,
1383	1350		e. revocation or voluntary surrender of police or peace
1384	1351		officer certification in another state for a violation
1385	1352		of any law or rule or in settlement of any
1386	1353		disciplinary action in such state,
1387	1354		f. involuntary commitment of a reserve or peace officer
1388	1355		in a mental institution or li censed private mental
1389	1356		health facility for any mental illness, condition or
1390	1357		disorder that is diagnosed by a licensed physician,
1391	1358
1392		-	HB1190 HFLR Page 28
1393		-	BOLD FACE denotes Committee Amendments. 1
	1359	+	Req. No. 10008 Page 28 1
1394	1360		2
1395	1361		3
1396	1362		4
1397	1363		5
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1399	1365		7
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1401	1367		9
1402	1368		10
1403	1369		11
1404	1370		12
1405	1371		13
1406	1372		14
1407	1373		15
1408	1374		16
1409	1375		17
1410	1376		18
1411	1377		19
1412	1378		20
1413	1379		21
1414	1380		22
1415	1381		23
1416	1382		24
1417	1383
1418	1384		psychologist or a licensed mental health professional
1419	1385		as a substantial disorder of thought, mood,
1420	1386		perception, psychological orien tation, or memory that
1421	1387		significantly impairs judgment, behavior, capacity to
1422	1388		recognize reality, or ability to meet the ordinary
1423	1389		demands of life. Provided, the peace officer
1424	1390		certification may be reinstated upon the Council
1425	1391		receiving notification of a psych ological evaluation
1426	1392		conducted by a licensed physician, psychologist or
1427	1393		licensed mental health professional which attests and
1428	1394		states by affidavit that the officer and the
1429	1395		evaluation test data of the officer have been examined
1430	1396		and that, in the professional o pinion of the
1431	1397		physician, psychologist or licensed mental health
1432	1398		professional, the officer is psychologically suitable
1433	1399		to return to duty as a peace officer. Notwithstanding
1434	1400		any other provision of state law pertaining to
1435	1401		confidentiality of hospital or other medical records,
1436	1402		and as allowable under federal law, CLEET may subpoena
1437	1403		or request a court to subpoena records necessary to
1438	1404		assure compliance with these provisions. Any
1439	1405		confidential information received by CLEET for such
1440	1406		purpose shall retain its confiden tial character while
1441	1407		in the possession of CLEET,
1442	1408
1443		-	HB1190 HFLR Page 29
1444		-	BOLD FACE denotes Committee Amendments. 1
	1409	+	Req. No. 10008 Page 29 1
1445	1410		2
1446	1411		3
1447	1412		4
1448	1413		5
1449	1414		6
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1451	1416		8
1452	1417		9
1453	1418		10
1454	1419		11
1455	1420		12
1456	1421		13
1457	1422		14
1458	1423		15
1459	1424		16
1460	1425		17
1461	1426		18
1462	1427		19
1463	1428		20
1464	1429		21
1465	1430		22
1466	1431		23
1467	1432		24
1468	1433
1469	1434		g. abuse of office,
1470	1435		h. entry of a final order of protection against applicant
1471	1436		or officer, or
1472	1437		i. any violation of the Oklahoma Private Security
1473	1438		Licensing Act.
1474	1439		2. Disciplinary proceedings shall be commenced b y filing a
1475	1440		complaint with the Council on a form approved by the Council. Any
1476	1441		employing agency or other person having information may submit such
1477	1442		information to the Council for consideration as provided in this
1478	1443		subsection.
1479	1444		3. Upon the filing of the compla int, a preliminary
1480	1445		investigation shall be conducted to determine whether:
1481	1446		a. there is reason to believe the person has violated any
1482	1447		provision of this subsection or any other provision of
1483	1448		law or rule, or
1484	1449		b. there is reason to believe the person has been
1485	1450		convicted of a felony, a crime involving moral
1486	1451		turpitude or a domestic violence o ffense or is
1487	1452		currently participating in a deferred sentence for
1488	1453		such offenses.
1489	1454		4. When the investigation of a complaint does not find the
1490	1455		person has violated any of the provisio ns of this subsection, or
1491	1456		finds that the person is sufficiently rehabilitated as provided in
1492	1457		subparagraph b or f of paragraph 1 of this subsection, no
1493	1458
1494		-	HB1190 HFLR Page 30
1495		-	BOLD FACE denotes Committee Amendments. 1
	1459	+	Req. No. 10008 Page 30 1
1496	1460		2
1497	1461		3
1498	1462		4
1499	1463		5
1500	1464		6
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1503	1467		9
1504	1468		10
1505	1469		11
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1507	1471		13
1508	1472		14
1509	1473		15
1510	1474		16
1511	1475		17
1512	1476		18
1513	1477		19
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1515	1479		21
1516	1480		22
1517	1481		23
1518	1482		24
1519	1483
1520	1484		disciplinary action shall be required and the person shall remain
1521	1485		certified as a police or peace officer. When the investigation of a
1522	1486		complaint finds that the person has violated any of the provisions
1523	1487		of this subsection, the matter shall be referred for disciplinary
1524	1488		proceedings. The disciplinary proceedings shall be in accordance
1525	1489		with Articles I and II of t he Administrative Procedures Act.
1526	1490		5. The Council shall revoke the certification of any person
1527	1491		upon determining that such person has been convicted of a felony or
1528	1492		a crime involving moral turpitude or a domestic violence offense or
1529	1493		has entered a plea of gui lty, or nolo contendere or an "Alford" plea
1530	1494		or any plea other than a not guilt y plea for a felony offense, a
1531	1495		crime of moral turpitude or a crime of domestic violence or is the
1532	1496		respondent in a final victim protective order; provided, that if the
1533	1497		conviction has been reversed, vacated or otherwise invalidated by an
1534	1498		appellate court, such conviction shall not be the basis for
1535	1499		revocation of certification; provided further, that any person who
1536	1500		has been trained and certified by the Council on Law Enforcement
1537	1501		Education and Training and is actively employed as a full -time peace
1538	1502		officer as of November 1, 1985, shall not be subject to the
1539	1503		provisions of this subsection for convictions occurring prior to
1540	1504		November 1, 1985. The sole issue to be determined at the hearing
1541	1505		shall be whether the person has been convicted of a felony, a crime
1542	1506		involving moral turpitude or a domestic violence offense or is the
1543	1507		named respondent/defendant in a final victim protective order.
1544	1508
1545		-	HB1190 HFLR Page 31
1546		-	BOLD FACE denotes Committee Amendments. 1
	1509	+	Req. No. 10008 Page 31 1
1547	1510		2
1548	1511		3
1549	1512		4
1550	1513		5
1551	1514		6
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1553	1516		8
1554	1517		9
1555	1518		10
1556	1519		11
1557	1520		12
1558	1521		13
1559	1522		14
1560	1523		15
1561	1524		16
1562	1525		17
1563	1526		18
1564	1527		19
1565	1528		20
1566	1529		21
1567	1530		22
1568	1531		23
1569	1532		24
1570	1533
1571	1534		6. The Council shall revoke the certification of any person
1572	1535		upon determining that such person has received a deferred sentence
1573	1536		for a felony, a crime involving moral turpitude or a domestic
1574	1537		violence offense.
1575	1538		7. The Council may suspend the certification of any person upon
1576	1539		a determination that such person has been i nvoluntarily committed to
1577	1540		a mental institution or mental health facility for a mental illness,
1578	1541		condition or disorder as provided in subparagraph f of paragraph 1
1579	1542		of this subsection.
1580	1543		8. Every law enforcement agency in this state shall, within
1581	1544		thirty (30) days of a final order of termination or resignation
1582	1545		while under investigation o f a CLEET-certified peace officer, report
1583	1546		such order or resignation in writing to the Executive Director of
1584	1547		the Council. Any report, upon receipt by the Council, shall be
1585	1548		considered as personnel records and shall be afforded confidential
1586	1549		protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
1587	1550		Oklahoma Statutes. Any medical or other confidential records
1588	1551		obtained by subpoena pursuant to this subsection shall not be made a
1589	1552		part of such report. The Executive Director shall ensure that the
1590	1553		report is provided to all members of the Council. The Council shall
1591	1554		review and make recommendations concerning the report at the first
1592	1555		meeting of the Council to occur after all members of the Council
1593	1556		have received the report. The Council may, by a majority vote,
1594	1557		order the suspension, for a given period of time, or revocation of
1595	1558
1596		-	HB1190 HFLR Page 32
1597		-	BOLD FACE denotes Committee Amendments. 1
	1559	+	Req. No. 10008 Page 32 1
1598	1560		2
1599	1561		3
1600	1562		4
1601	1563		5
1602	1564		6
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1604	1566		8
1605	1567		9
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1618	1580		22
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1620	1582		24
1621	1583
1622	1584		the CLEET certification of the peace officer in question if there
1623	1585		are grounds for such actions pursuant to thi s section and the peace
1624	1586		officer in question has been provided with notice and an opportunity
1625	1587		for a hearing pursuant to the Administrative Procedures Act.
1626	1588		Suspension or revocation of CLEET certification pursuant to this
1627	1589		paragraph shall be reported to the d istrict attorney for the
1628	1590		jurisdiction in which the peace officer was employed, to the
1629	1591		liability insurance company of the law enforcement agency that
1630	1592		employed the peace officer, the chief elected official of the
1631	1593		governing body of the law enforcement agency and the chief law
1632	1594		enforcement officer of the law enforcement agency.
1633	1595		9. For all other violations of this subsection, the hearing
1634	1596		examiner shall take into consideration the severity of the
1635	1597		violation, any mitigating circumstances offered by the person
1636	1598		subject to disciplinary action, and any other evidence relevant to
1637	1599		the person's character to determine the appropriate disciplinary
1638	1600		action.
1639	1601		10. a. A police or peace officer may voluntarily surrender
1640	1602		and relinquish the peace officer certification to
1641	1603		CLEET. Pursuant to such surrender or relinquishment,
1642	1604		the person surrendering the certific ation shall be
1643	1605		prohibited from applying to CLEET for reinstatement
1644	1606		within five (5) years of the date of the surrender or
1645	1607
1646		-	HB1190 HFLR Page 33
1647		-	BOLD FACE denotes Committee Amendments. 1
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1657	1618		11
1658	1619		12
1659	1620		13
1660	1621		14
1661	1622		15
1662	1623		16
1663	1624		17
1664	1625		18
1665	1626		19
1666	1627		20
1667	1628		21
1668	1629		22
1669	1630		23
1670	1631		24
1671	1632
1672	1633		relinquishment, unless otherwise provided by law for
1673	1634		reinstatement.
1674	1635		b. No person who has had a police or peace officer
1675	1636		certification from another state revoked or
1676	1637		voluntarily surrendered and has not been reinstated by
1677	1638		that state shall be considered for certification by
1678	1639		CLEET.
1679	1640		c. Any person seeking reinstatement of police or peace
1680	1641		officer certification which has been suspended,
1681	1642		revoked, or voluntarily surrendered may apply for
1682	1643		reinstatement pursuant to promulgated CLEET rules
1683	1644		governing reinstatement. Except as provided in this
1684	1645		subsection, any person whose certifi cation has been
1685	1646		revoked, suspended or voluntarily surrendered for any
1686	1647		reason including failure to comply with mandatory
1687	1648		education and training requirements, shall pay a
1688	1649		reinstatement fee of One Hundred Fifty Dollars
1689	1650		($150.00) to be deposited to the credit of the Peace
1690	1651		Officer Revolving Fund created pursuant to Section
1691	1652		3311.7 of this title.
1692	1653		11. A duty is hereby imposed upon the district attorney who, on
1693	1654		behalf of the State of Oklahoma, prosecutes a person holding police
1694	1655		or peace officer or reserve peace off icer certification for a
1695	1656		felony, a crime involving moral turpitude, or a crime of domestic
1696	1657
1697		-	HB1190 HFLR Page 34
1698		-	BOLD FACE denotes Committee Amendments. 1
	1658	+	Req. No. 10008 Page 34 1
1699	1659		2
1700	1660		3
1701	1661		4
1702	1662		5
1703	1663		6
1704	1664		7
1705	1665		8
1706	1666		9
1707	1667		10
1708	1668		11
1709	1669		12
1710	1670		13
1711	1671		14
1712	1672		15
1713	1673		16
1714	1674		17
1715	1675		18
1716	1676		19
1717	1677		20
1718	1678		21
1719	1679		22
1720	1680		23
1721	1681		24
1722	1682
1723	1683		violence in which a plea of guilty, nolo contendere, or an "Alford"
1724	1684		plea or any other plea other than a not guilty plea or other finding
1725	1685		of guilt is entered by, agai nst or on behalf of a certified police
1726	1686		or peace officer to report such plea, a greement, or other finding of
1727	1687		guilt to the Council on Law Enforcement Education and Training
1728	1688		within ten (10) days of such plea agreement or the finding of guilt.
1729	1689		12. Any person or agency required or authorized to submit
1730	1690		information pursuant to this section to the Council shall be immune
1731	1691		from liability arising from the submission of the information as
1732	1692		long as the information was submitted in good faith and without
1733	1693		malice.
1734	1694		13. Any peace officer employed by a law enforcement agency in
1735	1695		this state which has in ternal discipline policies and procedures on
1736	1696		file with CLEET shall be exempt from the disciplinary proceedings
1737	1697		and actions provided for in this subsection; provided, however, suc h
1738	1698		exemption shall not apply if the peace officer has been convicted of
1739	1699		a felony crime, a crime of moral turpitude, or a crime of domestic
1740	1700		violence.
1741	1701		14. All criminal proceedings initiated against a CLEET -
1742	1702		certified peace officer or reserve peace officer sha ll be reported
1743	1703		by the officer to CLEET immediately after arrest or discovery o f the
1744	1704		filing of such criminal proceeding. All CLEET -certified peace
1745	1705		officers and reserve peace officers shall be required to report when
1746	1706		a victim protective order has been issue d against the officer
1747	1707
1748		-	HB1190 HFLR Page 35
1749		-	BOLD FACE denotes Committee Amendments. 1
	1708	+	Req. No. 10008 Page 35 1
1750	1709		2
1751	1710		3
1752	1711		4
1753	1712		5
1754	1713		6
1755	1714		7
1756	1715		8
1757	1716		9
1758	1717		10
1759	1718		11
1760	1719		12
1761	1720		13
1762	1721		14
1763	1722		15
1764	1723		16
1765	1724		17
1766	1725		18
1767	1726		19
1768	1727		20
1769	1728		21
1770	1729		22
1771	1730		23
1772	1731		24
1773	1732
1774	1733		including orders issued on an emergency basis and all final orders
1775	1734		of protection. Failure to give notice pursuant to the provisions of
1776	1735		this paragraph may be cause to initiate an action against the
1777	1736		officer by CLEET.
1778	1737		15. As used in this subsection:
1779	1738		a. "law enforcement agency " means any department or
1780	1739		agency of the state, a county, a municipality, or
1781	1740		political subdivision thereof, with the duties to
1782	1741		maintain public order, make arrests, and enforce the
1783	1742		criminal laws of this state or munic ipal ordinances,
1784	1743		which employs CLEET-certified personnel,
1785	1744		b. "final order of termination " means a final notice of
1786	1745		dismissal from employment provided after all
1787	1746		grievance, arbitration, and court actions have been
1788	1747		completed, and
1789	1748		c. "resignation while under in vestigation" means the
1790	1749		resignation from employment of a peace officer who is
1791	1750		under investigation for any felony violation of law, a
1792	1751		crime of moral turpitude, a crime of domestic
1793	1752		violence, or the resignation from employment of a
1794	1753		peace officer as part of an arbitration or plea
1795	1754		agreement.
1796	1755		K. 1. Every canine team in the state trained to detect
1797	1756		controlled dangerous substances shall be certified, by test, in the
1798	1757
1799		-	HB1190 HFLR Page 36
1800		-	BOLD FACE denotes Committee Amendments. 1
	1758	+	Req. No. 10008 Page 36 1
1801	1759		2
1802	1760		3
1803	1761		4
1804	1762		5
1805	1763		6
1806	1764		7
1807	1765		8
1808	1766		9
1809	1767		10
1810	1768		11
1811	1769		12
1812	1770		13
1813	1771		14
1814	1772		15
1815	1773		16
1816	1774		17
1817	1775		18
1818	1776		19
1819	1777		20
1820	1778		21
1821	1779		22
1822	1780		23
1823	1781		24
1824	1782
1825	1783		detection of such controlled dangerous substances and shall be
1826	1784		recertified annually so long as the c anine is used for such
1827	1785		detection purposes. The certification test and annual
1828	1786		recertification test provisions of this subsection shall not be
1829	1787		applicable to canines that are owned by a law enforcement agency and
1830	1788		that are certified and annually recertified i n the detection of
1831	1789		controlled dangerous substances by the United States Customs
1832	1790		Service. No employee of CLEET may be involved in the training or
1833	1791		testing of a canine team.
1834	1792		2. The Council shall appoint a Drug Dog Advisory Council to
1835	1793		make recommendations co ncerning minimum standards, educational
1836	1794		needs, and other matters imperative to the certification of canines
1837	1795		and canine teams trained to detect controlled dangerous substances.
1838	1796		The Council shall promulgate rules based upon the recommendations of
1839	1797		the Advisory Council. Members of the Advisory Council shall
1840	1798		include, but need not be limited to, a commissioned officer with
1841	1799		practical knowledge of such canines and canine teams from each of
1842	1800		the following:
1843	1801		a. the Oklahoma State Bureau of Narcotics and Dangerous
1844	1802		Drugs Control,
1845	1803		b. the Department of Public Safety,
1846	1804		c. a police department,
1847	1805		d. a sheriff's office, and
1848	1806		e. a university or college campus police department.
1849	1807
1850		-	HB1190 HFLR Page 37
1851		-	BOLD FACE denotes Committee Amendments. 1
	1808	+	Req. No. 10008 Page 37 1
1852	1809		2
1853	1810		3
1854	1811		4
1855	1812		5
1856	1813		6
1857	1814		7
1858	1815		8
1859	1816		9
1860	1817		10
1861	1818		11
1862	1819		12
1863	1820		13
1864	1821		14
1865	1822		15
1866	1823		16
1867	1824		17
1868	1825		18
1869	1826		19
1870	1827		20
1871	1828		21
1872	1829		22
1873	1830		23
1874	1831		24
1875	1832
1876	1833		3. The fee for the certification test shall be Two Hundred
1877	1834		Dollars ($200.00) and the annual recertifica tion test fee shall be
1878	1835		One Hundred Dollars ($100.00) per canine team. A retest fee of
1879	1836		Fifty Dollars ($50.00) will be charged if the team fails the test.
1880	1837		No such fee shall be charged to any local, state or federal
1881	1838		government agency. The fees provided for in this paragraph shall be
1882	1839		deposited to the credit of the CLEET Fund created pursuant to
1883	1840		Section 1313.2 of Title 20 of the Oklahoma Statutes.
1884	1841		L. 1. Every canine team in the state trained to detect
1885	1842		explosives, explosive materials, explosive devices, and materials
1886	1843		which could be used to construct an explosive device shall be
1887	1844		certified, by test, in the detection of such explosives and
1888	1845		materials and shall be recertified annually so long as the canine is
1889	1846		used for such detection purposes. The certification te st and annual
1890	1847		recertification test provisions of this subsection shall not be
1891	1848		applicable to canines that are owned by a law enforcement agency if
1892	1849		such canines are certified and annually recertified in the detection
1893	1850		of explosives and materials by the United States Department of
1894	1851		Defense. No employee of CLEET may be involved in the training or
1895	1852		testing of a canine team.
1896	1853		2. The Council shall appoint a Bomb Dog Advisory Council to
1897	1854		make recommendations concerning minimum standards, educational
1898	1855		needs, and other matters imperative to the certification of canines
1899	1856		and canine teams trained to detect explosives, explosive materials,
1900	1857
1901		-	HB1190 HFLR Page 38
1902		-	BOLD FACE denotes Committee Amendments. 1
	1858	+	Req. No. 10008 Page 38 1
1903	1859		2
1904	1860		3
1905	1861		4
1906	1862		5
1907	1863		6
1908	1864		7
1909	1865		8
1910	1866		9
1911	1867		10
1912	1868		11
1913	1869		12
1914	1870		13
1915	1871		14
1916	1872		15
1917	1873		16
1918	1874		17
1919	1875		18
1920	1876		19
1921	1877		20
1922	1878		21
1923	1879		22
1924	1880		23
1925	1881		24
1926	1882
1927	1883		explosive devices and materials which could be used to construct an
1928	1884		explosive device. The Council shall promulgate rules based upon the
1929	1885		recommendations of the Advisory Council. Members of the Advisory
1930	1886		Council shall include, but need not be limited to, a commissioned
1931	1887		officer with practical knowledge of such canines and canine teams
1932	1888		from each of the following:
1933	1889		a. the Department of Public Saf ety,
1934	1890		b. a police department,
1935	1891		c. a sheriff's office, and
1936	1892		d. a university or college campus police department.
1937	1893		3. The fee for the certification test shall be Two Hundred
1938	1894		Dollars ($200.00) and the annual recertification test fee shall be
1939	1895		One Hundred Dollars ($100.00) per canine team. A retest fee of
1940	1896		Fifty Dollars ($50.00) will be charged if the team fails the test.
1941	1897		No such fee shall be charged to any local, state or federal
1942	1898		government agency. The fees provided for in this paragraph shall be
1943	1899		deposited to the credit of the CLEET Fund created pursuant to
1944	1900		Section 1313.2 of Title 20 of t he Oklahoma Statutes.
1945	1901		M. All tribal police officers of any Indian tribe or nation who
1946	1902		have been commissioned by an Oklahoma law enforcement agency
1947	1903		pursuant to a cross-deputization agreement with the State of
1948	1904		Oklahoma or any political subdivision of the State of Oklahoma
1949	1905		pursuant to the provisions of Section 1221 of Title 74 of the
1950	1906		Oklahoma Statutes shall be eligible for peace officer certification
1951	1907
1952		-	HB1190 HFLR Page 39
1953		-	BOLD FACE denotes Committee Amendments. 1
	1908	+	Req. No. 10008 Page 39 1
1954	1909		2
1955	1910		3
1956	1911		4
1957	1912		5
1958	1913		6
1959	1914		7
1960	1915		8
1961	1916		9
1962	1917		10
1963	1918		11
1964	1919		12
1965	1920		13
1966	1921		14
1967	1922		15
1968	1923		16
1969	1924		17
1970	1925		18
1971	1926		19
1972	1927		20
1973	1928		21
1974	1929		22
1975	1930		23
1976	1931		24
1977	1932
1978	1933		under the same terms and conditi ons required of members of the law
1979	1934		enforcement agencies of the State of Oklaho ma and its political
1980	1935		subdivisions. CLEET shall issue peace officer certification to
1981	1936		tribal police officers who, as of July 1, 2003, are commissioned by
1982	1937		an Oklahoma law enforceme nt agency pursuant to a cross -deputization
1983	1938		agreement with the State of Oklahoma or any political subdivision of
1984	1939		the State of Oklahoma pursuant to the provisions of Section 1221 of
1985	1940		Title 74 of the Oklahoma Statutes and have met the training and
1986	1941		qualification requirements of this section.
1987	1942		N. If an employing law enforcement agency in this state has
1988	1943		paid for CLEET training and the salary of a person while that person
1989	1944		is completing in this state a basic police course approved by the
1990	1945		Council and if within one (1 ) year after the date the person is
1991	1946		commissioned with the law enforcement agency that person resigns and
1992	1947		is hired by another law enforcement agency in this state, the second
1993	1948		law enforcement agency or the person receiving the training shall
1994	1949		reimburse the original employing law enforcement agency for the cost
1995	1950		of CLEET training and sal ary paid to the person while completing the
1996	1951		basic police course by the original employing law enforcement
1997	1952		agency. If the person leaves the original employing law enforcement
1998	1953		agency later than one (l) year, but less than two (2) years, after
1999	1954		the date the person is commissioned with the law enforcement agency,
2000	1955		the second law enforcement agency or the person receiving the
2001	1956		training shall reimburse the original employing law enforceme nt
2002	1957
2003		-	HB1190 HFLR Page 40
2004		-	BOLD FACE denotes Committee Amendments. 1
	1958	+	Req. No. 10008 Page 40 1
2005	1959		2
2006	1960		3
2007	1961		4
2008	1962		5
2009	1963		6
2010	1964		7
2011	1965		8
2012	1966		9
2013	1967		10
2014	1968		11
2015	1969		12
2016	1970		13
2017	1971		14
2018	1972		15
2019	1973		16
2020	1974		17
2021	1975		18
2022	1976		19
2023	1977		20
2024	1978		21
2025	1979		22
2026	1980		23
2027	1981		24
2028	1982
2029	1983		agency fifty percent (50%) of the cost of CLEET training and salary
2030	1984		paid to the person while completing the basic police course by the
2031	1985		original employing law enforcement agency. CLEET shall not be a
2032	1986		party to any court action based on this provision.
2033	1987		O. The Council on Law Enforcement Education and Training, in
2034	1988		its discretion, may waive all or part of any moneys due to the
2035	1989		Council, if deemed uncollectable by the Council.
2036	1990		P. Peace officers, reserve peace officers, tribal peace
2037	1991		officers, agencies, bail en forcers, security guards and private
2038	1992		investigators shall maintain with the Cou ncil current mailing
2039	1993		addresses and shall notify the Council, in writing, of any change of
2040	1994		address or name. Notification of change of name shall require
2041	1995		certified copies of any m arriage license or other court document
2042	1996		which reflects the change of name. Notice of change of address or
2043	1997		telephone number must be made within ten (10) days of the effected
2044	1998		change. Notices shall not be accepted over the phone. In any
2045	1999		proceeding in which the Council is required to serve notice or an
2046	2000		order on an individual or an ag ency, the Council may send a letter
2047	2001		to the mailing address on file with the Council. If the letter is
2048	2002		returned and a notation of the U.S. Postal Service indicates
2049	2003		"unclaimed", or "moved", or "refused" or any other nondelivery
2050	2004		markings and the records of the Council indicate that no change of
2051	2005		address as required by this subsection has been received by the
2052	2006
2053		-	HB1190 HFLR Page 41
2054		-	BOLD FACE denotes Committee Amendments. 1
	2007	+	Req. No. 10008 Page 41 1
2055	2008		2
2056	2009		3
2057	2010		4
2058	2011		5
2059	2012		6
2060	2013		7
2061	2014		8
2062	2015		9
2063	2016		10
2064	2017		11
2065	2018		12
2066	2019		13
2067	2020		14
2068	2021		15
2069	2022		16
2070	2023		17
2071	2024		18
2072	2025		19
2073	2026		20
2074	2027		21
2075	2028		22
2076	2029		23
2077	2030		24
2078	2031
2079	2032		Council, the notice and any subsequent notices or orders shall be
2080	2033		deemed by the Court as having been legally served for all purposes.
2081	2034		Q. All CLEET record s of bail enforcers may be released only in
2082	2035		compliance with this section and the Bail Enforcement and Licensing
2083	2036		Act. All records in CLEET possession concerning other persons or
2084	2037		entities shall be released only in compliance with this section and
2085	2038		the Oklahoma Open Records Act.
2086	2039		SECTION 2. This act shall become effective November 1, 2025.
2087	2040
2088		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
2089		-	OVERSIGHT, dated 02/27/2025 - DO PASS.
	2041	+	60-1-10008 GRS 12/11/24