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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2720 By: Ford
AS INTRODUCED
An Act relating to state government; creating the
Targeted Violence Prevention Act; authorizing the
Department of Homeland Security to coll ect, analyze,
and disseminate certain information to law
enforcement and public safety agencies; deeming
disseminated information as confidential; making
certain acts unlawful; providing penalties; defining
terms; allowing for the release or use of
confidential information under certain circumstances;
making information privileged, not discoverable and
not subject to subpoena; amending 74 O.S. 2021,
Section 51.1, as last amended by Section 1, Chapter
257, O.S.L. 2024 (74 O.S. Supp. 2024, Section 51.1),
which relates to the Oklahoma Homeland Security Act;
authorizing the Commissioner of Public Safety to
adopt and enforce certain necessary rules; providing
for codification; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 51.1b of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Targeted
Violence Prevention Act ".
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B. In furtherance of its core functions of prevention and
intelligence, response and recovery planning, and awareness and
preparedness, the Office of Homeland Security may collect, analyze,
and disseminate to law enforcement and public safety agencies
information concerning the activity an d identity of individuals
reasonably suspected of involvement in terrorism, targeted violence,
threats to public safety, or any other threats of organized or
violent crime.
C. Any information disseminated pursuant to this section shall
be confidential and the recipients of such information shall comply
with the handling terms associated with the disclosure.
Unauthorized release or unauthorized use of information disseminated
pursuant to this section shall be a misdemeanor and shall be
punishable by incarc eration in the county jail for a term not
exceeding one (1) year, or a fine not exceeding Fifty Thousand
Dollars ($50,000.00), or by both such fine and imprisonment. As
used in this subsection, "unauthorized release " or "unauthorized
use" shall include, but not be limited to, disseminating or
disclosing confidential information in a manner which exceeds the
scope of the handling terms associated with the disclosure or in
violation of any rules promulgated pursuant to the authority of this
act. Provided, the following shall not constitute an unauthorized
release or unauthorized use of confidential information disseminated
by the Office of Homeland Security:
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1. Sharing the confide ntial information with a law enforcement
officer or prosecutorial authority for use in a criminal
investigation or prosecution;
2. Sharing the confidential information, in exigent
circumstances, with leadership of the State or any political
subdivision, critical infrastructure personnel, or the target of any
threat; or
3. Sharing the confidential information with the express
authority of the Homeland Security Advisor or designee of the
Homeland Security Advisor.
D. Information collected or disseminated u nder the authority of
this section shall be privileged and not discoverable nor subject to
subpoena or order for production issued by any court, other than
production in a district court criminal proceeding for the
prosecution of crimes which are the subje ct of the information
sought.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 51.1, as
last amended by Section 1, Chapter 257, O.S.L. 2024 (74 O.S. Supp.
2024, Section 51.1), is amended to read as follows:
Section 51.1. A. There is hereby created within the Department
of Public Safety, the Office of Homeland Security. The Commissioner
of Public Safety shall be the Homeland Security Advisor and shall
possess or obtain federally recognized clearances as appropriate to
perform the duties of the position. The Commissioner of Public
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Safety, as Homeland Security A dvisor, shall be responsible for the
operation and administration of the Office. The Commissioner shall
appoint subordinates and employees and may make such expenditures
with appropriated funds, or from such other available funds as may
be necessary to carry out the purposes of the Oklahoma Homeland
Security Act and other programs specified by law.
B. The Commissioner may commission any employees appointed to
the Office as peace officers. Any member of the Office who receives
a commission pursuant to the provisions of this subsection shall
exercise the powers and authority of an officer of the Department of
Public Safety, as provided for in Section 2 -117 of Title 47 of the
Oklahoma Statutes, provided such commissions shall be subject to all
requirements set forth by the Commissioner, and the Commissioner may
set forth any limitations on the power and scope of the commission.
All commissioned staff must obtain and maintain certif ication as
full-time peace officers in accordance with the provisions of
Section 3311 of Title 70 of the Oklahoma Statutes.
C. The Office of Homeland Security shall consist of at least
three functions:
1. Prevention and Intelligence;
2. Response and Rec overy Planning; and
3. Awareness and Preparedness.
D. Other federal, state, and local personnel may be assigned to
the Office of Homeland Security pursuant to an interagency
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agreement. All positions and personnel of the Office of Homeland
Security shall be exempt from the full -time employee limit of the
Department of Public Safet y.
E. The Office of Homeland Security shall have the duty and
responsibility to develop and coordinate the implementation and
administration of a comprehensive statewide strateg y that is
integrated into the emergency operations plan to secure this state
from the results of acts of terrorism, from a public health
emergency, from cyberterrorism, and from weapons of mass destruction
as that term is defined in 18 U.S.C., Section 2332 a, and to perform
other duties assigned by the Commissioner. These duties sha ll
include but not be limited to:
1. Representing this state with federal agencies as the state
Homeland Security Advisor for purposes of accessing federal funds
and cooperating with federal agencies in the development and
implementation of a nationwide homeland security plan of response;
and
2. Coordinating the Homeland Security efforts within this state
including working with the Governor and Legislature, state agencies,
and local elected officials and local governments, emergency
responder groups, priv ate-sector businesses, educational
institutions, volunteer organizations, and the general public.
State agencies receiving federal funding for homeland security
purposes shall report the amount and intended use of those funds to
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the Office of Homeland Security to ensure efficient use of funds and
to avoid duplication of efforts.
F. Included in the comprehensive statewide strategy and
consistent with the National Strategy for Hom eland Security, as
promulgated by the Executive Office of the President of the United
States, or its successor plan or plans, the Office of Homeland
Security shall establish the following strategic objectives for this
state:
1. To prevent terrorist attack s;
2. To reduce vulnerability to terrorism;
3. To minimize the damage from and to recover from terrorist
attacks; and
4. Such other duties as the Governor may prescribe.
G. The Office of Homeland Security shall have the following
duties:
1. Establish a plan for the effective implementation of a
statewide emergency all -hazards response system including the duties
and responsibilities of regional emergency response teams;
2. Create, implement, and administer an advisory system;
3. Coordinate and prepar e applications for federal funds
related to homeland security and accessing and distributing the
federal funds; and
4. Cooperate with federal agencies in the development and
implementation of a nationwide homeland security plan or response.
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H. The Office of Homeland Security may enter into contracts,
agreements, and memoranda of u nderstanding with any public agency,
as defined in Section 1003 of this title, for equipment and
personnel, or both, to carry out the requirements of the Oklahoma
Homeland Security Act. Such agreements may include any provisions
agreed upon by the parties and as required by any federal or state
grant, if applicable.
I. All state agencies and political subdivisions of this state
and all officers and employees of those agencies an d political
subdivisions are hereby directed to cooperate with and lend
assistance to the Office of Homeland Security.
J. All personnel, motor vehicles, computer and communications
equipment, training equipment, records, furniture, and other
property and equipment allocated to the Office of Homeland Security
shall remain with the Office of Homeland Security upon its transfer
from the Oklahoma Department of Emergency Management to the
Department of Public Safety as of the effective date of this act.
K. The Commissioner is hereby authorized to adopt and enforce
such rules as may be n ecessary for the operation of the Office of
Homeland Security and to carry out the powers and duties assigned to
the Office by this title.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-12114 GRS 12/28/24