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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 544 By: Wingard
AS INTRODUCED
An Act relating to identification documents; amending
47 O.S. 2021, Section 2 -106.3, which relates to the
Fraudulent Documents Identific ation Unit; modifying
name of unit; requiring Commissioner of Public Safety
to promulgate rules; amending 47 O.S. 2021, Section s
6-110.2 and 6-301, as amended by Section s 51 and 76,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Sections 6-110.2 and 6-301), which relate to driver
licenses; modifying certain authority ; clarifying
certain immunity; stating certain responsibility;
authorizing certain agreements; updating statutory
language and references; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -106.3, is
amended to read as follows:
Section 2-106.3. A. Subject to the availability of funding,
the Department of Public Safety shall establis h a Fraudulent
Documents Identification (FDI) Unit an Identity Verification Un it
(IVU) for the primary purpose of investigating and apprehending
persons or entities that participate in the sale or distribution of
fraudulent documents used for identificatio n purposes. The unit
shall additionally specialize in fraudulent identification documents
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created and prepared for persons who are unlawfully residing within
the State of Oklahoma this state. The Department shall employ
sufficient employees to investigat e and implement an FDI Unit
Identity Verification Unit .
B. The Commissioner o f Public Safety shall promulgate rules to
administer the provisions of this section.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -110.2, as
amended by Section 51, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 6-110.2), is amended to read as follows:
Section 6-110.2. A. Service Oklahoma shall implement a
procedure for computerized finger imaging by means of an inkless
finger image scanning devic e and shall require every applicant for
an original, renewal , or replacement driver license or
identification card to submit to finger imaging for the purposes of
proof of identity and to ensure the security of the driver license
or identification card iss ued to the applicant. If the finger image
of a person over sixty -five (65) years of age cannot be scanned and
the issuing agent can personally verify the individual ’s identity
with alternative identification, the finger imaging shall be
overridden. Means must be provided to trace to the agent who
authorized the override.
B. No unemancipated person under eighteen (18) years of age
shall be issued a driver license or identification card by Service
Oklahoma unless an authorization form, prescribed and furni shed by
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Service Oklahoma, or notarized affidavit authorizing the finger
imaging of the person and signed by the legal custodial parent,
legal guardian, or legal custodian of the person, is in the
possession of Service Oklahoma.
C. No law enforcement agenc y of the state or federal government
other than Service Oklahoma the Department of Public Safety shall
have access to any information collected through the use of
computerized finger imaging without first obtaining a court order
from a judge of competent j urisdiction; provided, however, the
Oklahoma State Bureau of Investigation shall have access to such
imaging for the purpose of identifying a person who is deceased,
missing, or endangered. Each application for an order authorizing
the access to any infor mation collected through the use of
computerized finger imaging shall be made in writing upon oath or
affirmation to a judge of competent jurisdiction. Each application
shall establish probable cause for belief that a named individual is
committing, has committed, or is about to commit a particular
violation of law.
D. Service Oklahoma shall adopt rules as may be necessary to
carry out the provisions of this section.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 6 -301, as
amended by Section 76, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 6-301), is amended to read as follows:
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Section 6-301. It shall be unlawful for any person to commit
any of the acts specified in paragraph 1 or 2 of this section in
relation to an Oklahom a driver license or identification card
authorized to be issued by Service Oklahoma pursuant to the
provisions of Sections 6 -101 through 6-309 of this title or any
driver license or other evidence of driving privilege or
identification card authorized to b e issued by the state of origin.
1. It is a misdemeanor for any licensee:
a. to display or cause or permit to be displayed one ’s
own license after such license has been suspended,
revoked, or canceled or to possess one ’s own license
after having received notice of its suspension,
revocation, or cancellation,
b. to lend one’s own license or identification card to
any other person or knowingly permit the use thereof
by another,
c. to display or cause or permit to be displayed or to
possess a license or ident ification card issued to
oneself which bears altered information concerning th e
date of birth, expiration date, sex, height, eye
color, weight, or license or card number,
d. to fail or refuse to surrender to Service Oklahoma
upon its lawful demand any lice nse or identification
card which has been suspended, revoked , or canceled,
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e. to permit any unlawful use of a license or
identification card issued to oneself,
f. to do any act forbidden or fail to perform any act
required by this chapter, excepting those acts as
provided in paragraph 2 of this section,
g. to display or represent as one’s own, any license or
identification card not issued to such person , unless
under conditions provided in subparagraph e of
paragraph 2 of this section, or
h. to add to, delete from, alter, or deface the required
information on a driver license or identification
card.
2. It is a felony for any person:
a. to create, publish, or otherwise manufacture an
Oklahoma or other state license or identification card
or facsimile thereof , or to create, manufacture , or
possess an engraved plate or other such device , card,
laminate, digital image or file, or software for the
printing of an Oklahoma or other state license or
identification card or facsimile thereof, except as
authorized pursuant to this title,
b. to display or cause or permit to be displayed or to
knowingly possess any state counterfeit or fictitious
license or identification card,
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c. to display or cause to be displayed or to knowingly
possess any state license or identificat ion card
bearing a fictitious or forged name or signature,
d. to display or cause to be displayed or to knowingly
possess any state license or identification card
bearing the photograph of any person, other than the
person named thereon as licensee,
e. to display or represent as one ’s own, any license or
identification card not issued to him or her, for the
purpose of committing a fraud in any commercial
transaction or to mislead a peace officer in the
performance of his or her duties, or
f. to use a false or fictitious name in any application
for a license or identification card or to knowingly
make a false statement or to knowingly conceal a
material fact or otherwise commit a fraud in any such
application.
3. It is a felony for any employee or person aut horized to
issue or approve the issuance of licenses or identification cards
under this title to knowingly issue or attempt to issue a license or
identification card or to knowingly give approval for, cause, or
attempt to cause a license or identification card to be issued:
a. to a person not entitled thereto,
b. bearing erroneous information thereon, or
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c. bearing the photograph of a person other than the
person named thereon.
Such conduct shall be grounds for termination of employment of the
employee.
4. The violation of any of the provisions of paragraph 1 of
this section shall constitute a misdemeanor and shall, upon
conviction thereof, be punishable by a fine of not less than Twenty -
five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00);
the violation of any of the provisions of paragraph 2 or 3 of this
section shall constitute a felony and shall, upon conviction
thereof, be punishable by a fine not exceeding to exceed Ten
Thousand Dollars ($10,000.00) or a term of imprisonment in the
custody of the Department of Corrections not to exceed seven (7)
years, or by both such fine and imprisonment.
5. Notwithstanding any provision of this section, Service
Oklahoma the Department of Public Safety, through the Identity
Verification Unit established pursuant to Section 2 -106.3 of this
title, may, upon the request of the chief administrator of a law
enforcement, military, or intelligence agency, authorize the
issuance to and display , and possession by a person of a license
which would otherwise be a v iolation of this section, for the sole
purpose of aiding in a criminal investigation or a military or
intelligence operation. While acting pursuant to such authorization
by Service Oklahoma the Department, such person shall not be
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prosecuted for a violati on under this section unless the person
exceeds the scope or duration of the D epartment’s authorization.
Upon termination of such investigation or operation or upon request
of the Department, Service Oklahoma shall forthwith cause such
license to be returned to Service Oklahoma the chief administrator
of the law enforcement agency that requests the issuance of the
license and the recipient of the license shall be jointly
responsible to ensure the license is promptly returned to the
Department. The Departm ent and Service Oklahoma shall enter into
interagency agreements as may be nec essary to fulfill the powers and
duties set forth in this paragraph. The Department may enter into
interagency agreements with law enforcement agencies that request
issuance of such a license to set forth the terms of the
authorization for use of the license, the terms for custody and
control of the license, and the terms for duration and revocation of
authorization to use or possess the license .
SECTION 4. 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.
60-1-529 CN 1/13/2025 1:10:38 PM