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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2720 By: Ford
COMMITTEE SUBSTITUTE
An Act relating to state government; creating the
Targeted Violence Prevention Act; authorizing the
Department of Homeland Security and Oklahoma Counter
Terrorism Intelligence Center to collect, 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;
expanding scope of duties; authorizing the Homeland
Security Advisor to adopt and enforce certain
necessary rules; provi ding for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 51.1b of Title 74, unles s there
is created a duplication in numbering, reads as follows:
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A. This act shall be known and may be cited as the "Targeted
Violence Prevention Act ".
B. In furtherance of its core functions of prevention and
intelligence, response and recovery planning , and awareness and
preparedness, the Office of Homeland Security and the Oklahoma
Counter Terrorism Intelligence Center, a unit of the Office of
Homeland Security, may collect, analyze, and disseminate to law
enforcement and public safety agencies informa tion concerning the
activity and 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 se ction 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 an d shall be
punishable by incarceration 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 auth ority of this
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act. Provided, the following shall not constitute an unauthorized
release or unauthorized use of confidential information disseminated
pursuant to this section :
1. Sharing the confidential 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 under the authority of
this section shall be privileged an d 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 subject 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, th e Office of Homeland Security. The Commissioner
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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
Safety, as Homeland Security Advisor, 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 m ay
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 certification as
full-time peace officers in accordance with th e 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 Recovery Planning; and
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3. Awareness and Preparedness.
D. Other federal, state, and local personnel may be assigned to
the Office of Homeland Security pursuant to an interagency
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 Safety.
E. The Office of Homeland Security shall have the duty and
responsibility to develop and coordinate the implementation and
administration of a comprehensive statewide strategy that is
integrated into the emergency operations plan t o 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 2332a, and to perform
other duties assigned by the Commission er. These duties shall
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, private -sector businesses, educational
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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
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 Homeland 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 attacks;
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;
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3. Coordinate and prepare applications for federal funds
related to homeland secu rity 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 ;
and
5. Provide administrative and logistical support to the
Oklahoma Counter Terrorism Intelligence Center, which is a unit of
the Office of Homeland Security .
H. The Office of Homeland Security may enter into contracts,
agreements, and memoranda of understanding with any public agency,
as defined in Section 1003 of this ti tle, 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 and 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
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from the Oklahoma Department of Emergency Management to the
Department of Public Safety as of the effective date of this act.
K. The Homeland Security Advisor is hereby authorized to adopt
and enforce such rules as may be necessary 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
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-13128 GRS 03/04/25