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SENATE FLOOR VERSION
March 4, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 766 By: Hamilton
An Act relating to the Office of Homeland Security;
creating the Targeted Violence Prevention Act;
providing short title; authorizing the Office of
Homeland Security to take certain actions; requiring
confidentiality of certain information; prohibiting
certain use of disseminated information; creating
felony offense; providing penalty; defining terms;
providing certain exceptions; providing certain
privilege; authorizing promulgation of rules;
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; updating statutory language;
updating statutory reference; authorizing
promulgation of rules; providing 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, 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 ”.
B. The Office of Homeland Security is authorized to collect,
analyze, and disseminate information concerning the activity and
identity of individuals that, with reasonable suspicion , are
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suspected of involvement in terrorism, targeted violence, threats to
public safety, or any other threats of organized or violent crime to
law enforcement and public safety agencies.
C. Any information disseminated pursuant to the provisions of
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 s hall be a felony punishable
by imprisonment in the custody of the Department of Corrections for
a term not to exceed three (3) years, by a fine not more than Fifty
Thousand Dollars ($50,000.00), or by both such imprisonment and
fine. Such offense shall also be punishable by termination of
employment and revocation of the individual ’s certification as a
peace officer in this state. As used in this su bsection,
“unauthorized release ” or “unauthorized use” shall include, but not
be limited to, disseminating o r disclosing confidential information
in a manner which exceeds the scope of the handling terms associated
with the disclosure or is in violation of any rules promulgated
pursuant to this act. Provided, however, the following shall not
constitute an unauthorized release or unauthorized use of
confidential information disseminated by the Office:
1. Sharing the confidential information with a law enfo rcement
officer or prosecutorial authority for use in a criminal
investigation or prosecution; or
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2. Sharing the confidential information with the express
authority of the Homeland Security Advisor or the Advisor ’s
designee.
D. Information collected or d isseminated pursuant to the
provisions 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 subject of the information
sought.
E. The Commissioner of Public Safety is authorized to
promulgate rules to effectuate the provisions of this section.
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 a ppropriate 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 may
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be necessary to carry out the purposes of the Oklahoma Hom eland
Security Act and other programs specified by law.
B. The Commissioner may commission any employees ap pointed 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 commission 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 commissio ned staff must shall obtain and
maintain certification 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 Recovery 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
agreement. All positions and per sonnel of the Office of Homeland
Security shall be exempt from the full -time employee limit of the
Department of Public Safety.
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E. The Office of Ho meland 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 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 2332a, and to perform
other duties assigned by the Commissioner. 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 homeland security efforts
within this state includin g working with the Governor and
Legislature, state agencies, and local elected officials and local
governments, emergency responder groups, private -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 the Office of Homeland Securit y to ensure efficient use of
funds and to avoid duplication of efforts.
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F. Included in the comprehensive st atewide strategy and
consistent with the National Strategy for Homeland Security, as
promulgated by the Executive Office of the President of the Uni ted
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 t o 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 prepare applications for federal funds
related to homeland security and accessing access and distributing
the federal distribute such funds; and
4. Cooperate with federal agencies in the developm ent and
implementation of a nationwide homeland security plan or response.
H. The Office of Homeland Security may enter into contracts,
agreements, and memoranda of understanding with any public agency,
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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 and political
subdivisions are hereby directed to cooperate w ith 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 Ma nagement to the
Department of Public Safety as of the effective date of this act May
1, 2024.
K. The Commissioner is authorized to promulgate rules to
effectuate the provisions of this section.
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.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
March 4, 2025 - DO PASS AS AMENDED BY CS