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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 81 By: Rader
AS INTRODUCED
An Act relating to the Oklahoma State Bureau of
Investigation; amending 11 O.S. 2021, Section 29 -
103.1, which relates to firefighters; modi fying
certain payment process; amending 21 O.S. 2021,
Sections 1290.5, as amended by Section 1, Chapter 28,
O.S.L. 2024, and 1290.12 (21 O.S. Supp. 2024, Section
1290.5), which relate to handgun licenses; modifying
certain renewal and application processes ;
authorizing promulgation of rules; amending 74 O.S.
2021, Sections 150.9 an d 150.12, as amended by
Section 1, Chapter 235, O.S.L. 2022 (74 O.S. Supp.
2024, Section 150.12), which relate to criminal
history records and mandatory reporting; striking
obsolete language; modifying certain fee criteria;
authorizing promulgation of rules; updating statutory
language; repealing 74 O.S. 2021, Section s 150.29 and
150.30, which relate to petty cash funds ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 29 -103.1, is
amended to read as follows:
Section 29-103.1. A. Prior to appointing a paid member of a
municipal fire department, each department ma y conduct a national
criminal history records check, as defined by Section 150.9 of Title
74 of the Oklahoma Statutes.
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B. Each applicant, upon request, shall furnish the department
with two completed fingerprint cards and a money order or a
cashier’s check made payable payment to the Oklahoma State Bureau of
Investigation for the fee for a national fingerprint criminal
history records check in accordance with rules promulgated by the
Bureau. The Bureau shall retain one set of fingerprints in the
Automated Fingerprint Identification System (AFIS) and submit the
other set to the Federal Bureau of Investigation (FBI) for a
national criminal history records check.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.5, as
amended by Section 1, Chapter 28, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1290.5), is amende d to read as follows:
Section 1290.5.
TERM OF LICENSE AND RENEWAL
A. A handgun license when issued shall authorize the person to
whom the license is issued to carry a loaded or u nloaded handgun,
concealed or unconcealed, as authorized by the provisions of the
Oklahoma Self-Defense Act, and any future modifications thereto.
The license shall be valid in this state for a period of five (5) or
ten (10) years, unless subsequently sur rendered, suspended, or
revoked as provided by law. The person shall have no authority to
continue to carry a concealed or unconcealed handgun in this state
pursuant to the Oklahoma Self -Defense Act when a license is expired
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or when a license has been vol untarily surrendered or suspended or
revoked for any reason.
B. A license may be renewed any time within ninety (90) days
prior to the expiration date as provided in this subsection. The
Oklahoma State Bureau of Investigation may notify each eligible
licensee at the email address on file at least ninety (90) days
prior to the expiration of the license. However, any applicant
shall have thirty (30) days from the expiration of the license to
comply with the renewal requirements of this section. Renewal
applications shall be denied by the Bureau if a current license is
subject to being or currently is suspended or revoked by the Bureau.
1. To renew a handgun license, the licensee may either complete
a written renewal form provided by the Bureau or a digita l renewal
form provided by the Bureau online.
2. If the applicant completes the digital renewal form online,
the applicant must submit a passport -sized photograph with the
application. If the applicant completes a written renewal
application, the applica nt must submit two current passport -sized
photographs of the applicant with the application.
3. A renewal fee in the amount of Eighty -five Dollars ($85.00)
must be submitted to the Bureau with an application . The renewal
fee may be paid with a nationally recognized credit card as provided
in subparagraph b of paragraph 4 of subse ction A of Section 1290.12
of this title, by electronic funds transfer, or by a cashier ’s check
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or money order made payable to the Oklahoma State Bureau of
Investigation in accordance with rules promulgated by the Bureau .
4. Upon receipt of the renewal application, photographs, and
fee, the Bureau will conduct a background check and investigation
pursuant to Section 1290.12 of this title, excluding the
requirements of a state fing erprint search and Federal Bureau of
Investigation fingerprint search.
C. Any person submitting an application for a handgun license
or any licensee seeking to renew a handgun license shall have the
option to request that the license be valid for a period of ten (10)
years. The fee for any handgun license issued for a period of ten
(10) years shall be double the amount of the fee provided for in
paragraph 4 of subsection A of Section 1290.12 of this title. The
renewal fee for a handgun license issued for a period of ten (10)
years shall be double the amount of the fee provided fo r in
paragraph 3 of subsection B of this section.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1290.12, is
amended to read as follows:
Section 1290.12.
PROCEDURE FOR APPLICATION
A. Except as provided in paragraph 11 of this subsection, the
procedure for applying for a handgun license and processing the
application shall be as follows:
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1. An eligible person may request an application packet for a
handgun license from the Oklahoma State Bureau of Investigation or
the county sheriff’s office either in person or by mail. The Bureau
may provide application packets to each sheriff not exceeding two
hundred packets per request. The Bureau shall provide the foll owing
information in the application packet:
a. an application form,
b. procedures to follow to process the application form,
and
c. if available, a copy of the Oklahoma Self -Defense Act
with any modifications thereto;
2. The person shall be required to s uccessfully complete a
firearms safety and training course from a firearms in structor who
is approved and registered in this state as provided in Section
1290.14 of this title or from an interactive online firearms safety
and training course available elec tronically via the Internet which
has been approved as to curriculum by the Council on Law Enforcement
Education and Training, and the person shall be required to
demonstrate competency and qualification with a pistol authorized
for concealed or unconceale d carry by the Oklahoma Self -Defense Act.
The original certificate of succes sful completion of a firearms
safety and training course and an original certificate of successful
demonstration of competency and qualification to carry and handle a
pistol or exemption from training certificate shall be submitted
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with the application for a handgun license. No duplicate, copy,
facsimile, or other reproduction of the certificate of training,
certificate of competency and qualification , or exemption from
training certificate shall be acceptable as proof of training as
required by the provis ions of the Oklahoma Self -Defense Act;
3. The application form shall be completed and delivered by the
applicant, in person, to the sheriff of the county wherein the
applicant resides;
4. The person shall deliver to the sheriff at the time of
delivery of the completed application form a fee of One Hundred
Dollars ($100.00) for processing the application through the
Oklahoma State Bureau of Investigation and processing the require d
fingerprints through the Federal Bureau of Investigation. The
processing fee shall be in the form of:
a. a money order or a cashier ’s check made payable to the
Oklahoma State Bureau of Investigation,
b. a nationally recognized credit card issued to the
applicant. For purposes of this paragraph,
“nationally recognized credit card ” means any
instrument or device, whether known as a credit card,
credit plate, charge plate, or by any other name,
issued with or without fee by the issuer for the use
of the cardholder in obtaining goods, services, or
anything else of value on credit wh ich is accepted by
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over one thousand merchants in the state. The
Oklahoma State Bureau of Investigation shall determine
which nationally recognized credit cards will be
accepted by the Bureau, or
c. electronic funds transfer submitted in accordance with
rules promulgated by the Oklahoma State Bureau of
Investigation.
Any person paying application fees to the Oklahoma State Bureau of
Investigation by means of a nationally recognize d credit card or by
means of an electronic funds transfer shall be required t o complete
and submit his or her application through the online application
process of the Bureau.
The processing fee shall not be refundable in the event of a
denial of a handgun license or any suspension or revocation
subsequent to the issuance of a license. Persons making application
for a firearms instructor shall not be required to pay the
application fee as provided in this section, but shall be required
to pay the costs pro vided in paragraphs 6 and 8 of this subsection;
5. The completed application form shall be signed by the
applicant in person before the sheriff. The signature shall be
given voluntarily upon a sworn oath that the person knows the
contents of the applicat ion and that the information contained in
the application is true and correct. Any person making any false or
misleading statement on an application for a handgun license shall,
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upon conviction, be guilty of perjury as defined by Section 491 of
this title. Any conviction shall be punished as provided in Section
500 of this title. In addition to a criminal conviction, the person
shall be denied the right to have a handgun license pursuant to the
provisions of Section 1290.10 of this title and the Oklahoma State
Bureau of Investigation shall revoke the handgun license, if issued;
6. Two passport-size photographs of the applicant shall be
submitted with the completed application. The cost of the
photographs shall be the responsibility of the applicant. Th e
sheriff is authorized to take the photograph of the applicant for
purposes of the Oklahoma Self -Defense Act and, if such photographs
are taken by the sheriff, the cost of the photographs shall not
exceed Ten Dollars ($10.00) for the two photos. All mone y received
by the sheriff from photographing applicants pursuant to the
provisions of this paragraph shall be retained by the sheriff and
deposited into the Sheriff ’s Service Fee Account;
7. The sheriff shall witness the signature of the applicant and
review or take the photographs of the applicant and shall verify
that the person making application for a handgun license is the same
person in the photographs submitted and the same person who signed
the application form. Proof of a valid Oklahoma driver li cense with
a photograph of the applicant or an Oklahoma state photo
identification for the applicant shall be required to be presented
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by the applicant to the sheriff for verification of the person ’s
identity;
8. Upon verification of the identity of the a pplicant, the
sheriff shall take two complete sets of fingerprints of the
applicant. Both sets of fingerprints shall be submitted by the
sheriff with the completed application, certificate of training,
certificate of competency and qualification or an exe mption from
training certificate, photographs , and processing fee to the
Oklahoma State Bureau of Investigation within fourteen (14) days of
taking the fingerprints. The cost of the fingerprints shall be paid
by the applicant. The sheriff may charge a fe e of up to Twenty-five
Dollars ($25.00) for the two sets of fingerprints. Al l fees
collected by the sheriff from taking fingerprints pursuant to the
provisions of this paragraph shall be retained by the sheriff and
deposited into the Sheriff ’s Service Fee Account;
9. The sheriff shall submit to the Oklahoma State Bureau of
Investigation within the fourteen -day period, together with the
completed application, including the certificate of training,
certificate of competency and qualification, exemption from training
certificate, photographs, processing fee , and legible fingerprints
meeting the Oklahoma State Bureau of Investigation ’s Automated
Fingerprint Identification System (AFIS) submission standards, and a
report of information deemed pertinent to an in vestigation of the
applicant for a handgun license. The sheriff shall make a
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preliminary investigation of pertinent information about the
applicant and the court clerk shall assist the sheriff in locating
pertinent information in court records for this pu rpose. If no
pertinent information is found to exist either for or against t he
applicant, the sheriff shall so indicate in the report;
10. The Oklahoma State Bureau of Investigation, upon receipt of
the application and required information from the sheri ff, shall
forward one full set of fingerprints of the applicant to the Federal
Bureau of Investigation for a national criminal history records
search. The cost of processing the fingerprints nationally shall be
paid from the processing fee collected by th e Oklahoma State Bureau
of Investigation;
11. Notwithstanding the provisions of the Oklahoma Self -Defense
Act, or any other provisions of law, any person who has been granted
a permanent victim protective order by the court, as provided for in
the Protection from Domestic Abuse Act, may be issued a temporary
handgun license for a period not to exceed six (6) months. A
temporary handgun license may be issued if the person has
successfully passed the required weapons course, completed the
application process for the handgun license, passed the preliminary
investigation by the sherif f and court clerk, and provided the
sheriff proof of a certified permanent victim protective order and a
valid Oklahoma state photo identification card or driver license.
The sheriff shall issue a temporary handgun license on a form
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approved by the Oklahoma State Bureau of Investigation , at no cost.
Any person who has been issued a temporary license shall carry the
temporary handgun license and a valid Oklahoma state photo
identification on his or her person at all times , and shall be
subject to all the r equirements of the Oklahoma Self -Defense Act
when carrying a handgun. The person may proceed with the handgun
licensing process. In the event the victim protective order is no
longer enforceable, the temporary handgun license shall cease to be
valid;
12. The Oklahoma State Bureau of Investigation shall make a
reasonable effort to investigate the information submitted by the
applicant and the sheriff to ascertain whether or not t he issuance
of a handgun license would be in violation of the provisions of t he
Oklahoma Self-Defense Act. The investigation by the Bureau of an
applicant shall include, but shall not be limited to: a statewide
criminal history records search, a national criminal history records
search, a Federal Bureau of Investigation fingerprint search, a
check of the National Instant Criminal Background Check System
(NICS), an Immigration Alien Query (IAQ) for non -United-States
citizens and, if applicable, an investig ation of medical records or
other records or information deemed by the Bureau to be relevant to
the application.
a. In the course of the investigation by the Bureau, it
shall present the name of the applicant along with any
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known aliases, the address of th e applicant, and the
Social Security number of the applicant to the
Department of Mental Health and Substance Abuse
Services. The Department of Mental Health and
Substance Abuse Services shall respond within ten (10)
days of receiving such information to the Bureau as
follows:
(1) with a “Yes” answer, if the records of the
Department indicate that the person was
involuntarily committed to a mental institution
in Oklahoma,
(2) with a “No” answer, if there are no records
indicating the name of the person as a person
involuntarily committed to a mental institution
in Oklahoma, or
(3) with an “Inconclusive” answer, if the records of
the Department suggest the applicant may be a
formerly committed person. In the case of an
inconclusive answer, the Bureau shall ask the
applicant whether he or she was involuntarily
committed. If the appl icant states under penalty
of perjury that he or she has not been
involuntarily committed, the Bureau shall
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continue processing the application for a
license.
b. In the course of the investigation by the Bureau, it
shall check the name of any applicant who is twenty -
eight (28) years of age or younger along with any
known aliases, the address of the applicant , and the
Social Security number of the applicant against the
records in the Juvenile Online Tracking System (JOLTS)
of the Office of Juvenile Affairs. The Office of
Juvenile Affairs shall provide the Bureau direct
access to check the applicant against the records
available on JOLTS:
(1) if the Bureau finds a record on JOLTS tha t
indicates the person was adjudicated a delinquent
for an offense that would constitute a felony
offense if committed by an adult within the last
ten (10) years, the Bureau shall deny the
license,
(2) if the Bureau finds no record on JOLTS indicating
the named person was adjudicated delinquent for
an offense that would constitute a felony offense
if committed by an adult within the last ten (10)
years, the Bureau shall continue processing the
application for a license, or
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(3) if the records suggest the app licant may have
been adjudicated delinquent for an offense that
would constitute a felony offense if committed by
an adult but such record is inconclusive, the
Bureau shall ask the applicant whether he or she
was adjudicated a delinquent for an offense tha t
would constitute a felony offense if committed by
an adult within the last ten (10) years. If the
applicant states under penalty of perjury that he
or she was not adjudicated a delinquent within
ten (10) years, the Bureau shall continue
processing the application for a license; and
13. If the background check set forth in paragraph 12 of this
subsection reveals no records pertaining to the applicant, the
Oklahoma State Bureau of Investigation shall either issue a handgun
license or deny the application within sixty (60) days of the date
of receipt of the applicant ’s completed application and the required
information from the sheriff. In all other cases, the Oklahoma
State Bureau of Investigation shall either issue a handgun license
or deny the applicati on within ninety (90) days of the date of the
receipt of the applicant ’s completed application and the required
information from the sheriff. The Bureau shall deny a license when
the applicant fails to properly complete the application form or
application process or, based on the background check set forth in
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paragraph 12 of this subsection, is determined not to be eligible as
specified by the provisions of Section 1290.9, 1290.10 , or 1290.11
of this title. The Bureau shall approve an application in all o ther
cases. If an application is denied, the Bureau shall notify the
applicant in writing of its decision. The notification shall state
the grounds for the denial and inform the applicant of the right to
an appeal as may be provided by the provisions of the Administrative
Procedures Act. All notices of denial shall be mailed by first-
class mail to the address of the applicant listed in the
application. Within sixty (60) calendar days from the date of
mailing a denial of application to an applicant, the applicant shall
notify the Bureau in writing of the intent to appeal the decision of
denial or the right of the applicant to appeal shall be deemed
waived. Any administrative hearing on a denial which may be
provided shall be conducted by a hearing examin er appointed by the
Bureau. The decision of the hearing examiner shall be a final
decision appealable to a district court in accordance with the
Administrative Procedures Act. When an application is approved, the
Bureau shall issue the license and shall mail the license by first -
class mail to the address of the applicant listed in the
application.
B. Nothing contained in any provision of the Oklahoma Self -
Defense Act shall be construed to require or authorize the
registration, documentation , or providing of serial numbers with
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regard to any firearm. For purposes of the Oklahoma Self-Defense
Act, the sheriff may designate a person to receive, fingerprint,
photograph, or otherwise process applications for handgun licenses.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 150.9, is
amended to read as follows:
Section 150.9. A. The Oklahoma State Bureau of Investigation
shall procure, file, and maintain criminal history records for each
person subject to mandatory reporting as provided by law, including
photographs, descriptions, fingerprints, measurements , and other
pertinent information relating to such persons. It shall be the
duty of law enforcement officers and agencies, sheriffs, police,
courts, judicial officials, district attorn eys, and the persons in
charge of any state correctional facility or institution to furnish
criminal history records to the Bureau as required by Section 150.1
et seq. of this title. The Oklahoma State Bureau of Investigation
shall cooperate with and assi st the sheriffs, chiefs of police , and
other law enforcement officers of the state by maintaining a
complete criminal history record on each person subject to mandatory
reporting as provided by law , and shall have on file the fingerprint
impressions of all such persons together with other pertinent
information as may from time to time be received from the law
enforcement officers of this and other states or as may be required
by law.
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B. 1. The Oklahoma State Bureau of Investigation is authorized
to conduct and receive results of national criminal history record
checks for authorized purposes pursuant to Public Law 92 -544, the
National Child Protection Act/Volunteers for Children Act (NCPA/VCA)
as amended, with or without a Volunteer and Employee Criminal
History System (VECHS) waiver program or any other federal
authorizing statute. The Oklahoma State Bureau of Investigation
shall only release the results of national criminal history record
checks to entities authorized to receive the results pursuant to
federal law.
2. Any state agency, board, department , or commission or any
other person or entity authorized to request a criminal history
record or an analysis of fingerprints for commercial, licensing , or
other purposes, except law enforcement purposes, s hall conduct a
national criminal history records check on all persons of the entity
authorized to access or review national criminal history records
checks information by July 1, 2009, and within sixty (60) days
thereafter.
3. Each agency, person , or entity authorized to request a
criminal history record or an analysis of fingerpr ints shall pay a
fee to the Bureau for each criminal history record or fingerprint
analysis as follows:
Oklahoma criminal history record only $15.00 each
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Oklahoma criminal history record with
fingerprint analysis $19.00 each
National criminal history record with
fingerprint analysis $41.00 each
in accordance with rules promulgated by the Oklahoma State
Bureau of Investigation.
4. For purposes of this section, “a national criminal history
record check” means a check of criminal history records entailing
the fingerprinting of the individual and submission of the
fingerprints to the United States Federal Bureau of Investigation
(FBI) for the purpose of obtaining the national criminal history
record of the person from the FBI. A national criminal history
record check may be obtained only when a check is authorized or
required by state or federal law.
Agencies authorized by statute to conduct national criminal
history background checks for individuals are eligible to
participate in the Federal Rap Back Program a dministered by the
Oklahoma State Bureau of Investigation. The Oklahoma State Bureau
of Investigation is authorized to submit fingerprints to the FBI Rap
Back System to be retain ed in the FBI Rap Back System for the
purpose of being searched by future submissions to the FBI Rap Back
System, including latent fingerprint searches and to collect all
Federal Rap Back Program fees from eligible agencies wishing to
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participate and remit such fees to the Federal Bureau of
Investigation FBI.
5. Unless a national criminal history record is specifically
requested, a fingerprint analysis shall be limited to only those
records available at the Oklahoma State Bureau of Investigation.
Following receipt of the appropriate fee, the Bureau shall provide,
as soon as possible, the criminal history record requested;
provided, however, it shall be the duty and responsibility of the
requesting authority to evaluate the criminal history record as such
record may apply to a specific purpose or intent. An individual may
submit a certified court record showing that a charge was dismissed
or a certified copy of a gubernatorial pardon to the Oklahoma State
Bureau of Investigation, and upon verification of th at record the
Bureau records shall reflect the dismissal of that charge.
C. The Oklahoma State Bureau of Investigation may maintain an
identification file, including fingerprint impressions, on any
person under eighteen (18) years of age who is arrested o r subject
to criminal or juvenile delinquency proceedings, provided all such
information shall be confidential and shall only be made available
to the Bureau and other law enforcement agencies. Whenever a
fingerprint impression or other identification inf ormation is
submitted to the Bureau on a person under eighteen (18) years of
age, the Bureau may retain and file such fingerprint and
identification information for identification purposes only. The
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Bureau shall ensure that the information received and ma intained for
identification purposes on persons under eighteen (18) years of age
shall be handled and processed with great care to keep such
information confidential from the general public. The Bureau may
receive and maintain the fingerprints and other i dentification
information on any person under eighteen (18) years of age believed
to be the subject of a runaway, missing, or abduction investigation,
for identification purposes at the request of a parent, guardian , or
legal custodian of the person.
D. Any person who knowingly procures, utters, or offers any
false, forged, or materially altered criminal history record shall
be guilty of a felony and upon conviction shall be punished by
imprisonment in the custody of the Department of Corrections for a
period not to exceed five (5) years or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
SECTION 5. AMENDATORY 74 O.S. 2021, Section 150.12, as
amended by Section 1, Chapter 235, O.S.L. 2022 (74 O.S. Supp. 2024,
Section 150.12), is amended to read as follows:
Section 150.12. A. 1. It is hereby the duty of any sheriff,
chief of police, city marshal, constable , and any other law
enforcement officer who takes custody of a person who has been
arrested and who, in the best judgment of the arresting officer, is
believed to have committed any offense, except an offense exempted
by the rules promulgated by the Oklahoma State Bureau of
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Investigation pursuant to the provisions of Section 150.1 e t seq. of
this title, to take or cause to be taken the fingerprint impression s
of such person or persons and to forward such fingerprint
impressions together with identification information to the Oklahoma
State Bureau of Investigation, at its Oklahoma Cit y office. In the
case of any sheriff, chief of police, city marshal, constable, or
any other law enforcement officer equipped with a live -scan device
designed for the electronic capture and transmission of fingerprint
images approved by the Oklahoma State Bureau of Investigation,
fingerprint images may instead be taken and transmi tted to the
Bureau electronically. If the sheriff, chief of police, city
marshal, or constable has contracted for the custody of prisoners,
such contractor shall be required to t ake the fingerprint
impressions of such person.
2. It shall not be the responsibility of, nor shall the
sheriff, chief of police, city marshal, constable, other law
enforcement officer, or contractor receiving custody of an arrested
person as a prisoner r equire the arresting officer to take the
fingerprint impressions of the arres ted person; provided, if the
arresting officer is employed by the same law enforcement agency as
the sheriff, chief of police, city marshal, or constable receiving
custody of such person, the arresting officer may be required to
take such impressions.
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3. The law enforcement officers shall also forward the
prosecution filing report and the disposition report forms to the
appropriate prosecuting authority within seventy -two (72) hours. If
fingerprint impressions have not been taken at the time of an
arrest, the court shall order the fingerprints to be taken by the
sheriff at the arraignment, first appearance, or at the time of
final adjudication of a defendant whose court attendance has been
secured by a summons or citation for any offense, except an offense
exempted by the rules promulgated by the Bureau. If a person is in
the custody of a law enforcement or correctional agency and a
warrant issues or an information is filed allegi ng the person to
have committed an offense other than the offense for which t he
person is in custody, the custodial law enforcement or correctional
agency shall take the fingerprints of such person in connection with
the new offense, provided the offense i s not exempted by the rules
of the Bureau. Any fingerprint impressions and identification
information required by this subsection shall be sent to the Bureau
within seventy-two (72) hours after taking such fingerprints.
B. In order to maintain a complete criminal history record, the
court shall inquire at the time of sentencing w hether or not the
person has been fingerprinted for the offense upon which the
sentence is based and, if not, shall order the fingerprints be taken
immediately of such person and those fingerprints shall be sent by
the law enforcement agency taking the fingerprint impressions to the
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Bureau within seventy -two (72) hours after taking the fingerprint
impressions.
C. In addition to any other fingerprints which may have been
taken of a person in a criminal matter, the Department of
Corrections shall take the fi ngerprints of all prisoners received at
the Lexington Reception Assessment and Assessment Reception Center
or otherwise received into the custody of the Department and shall
send copies of such fingerprints together with identification
information to the Bureau within seventy -two (72) hours of taking
such fingerprints.
D. The Bureau shall, upon receipt of fingerprint impressions
and identification information for offenses not exem pt by rule of
the Bureau, send one (1) copy of the fingerprint impressions to the
Federal Bureau of Investigation, at its Washington, D.C., office,
and the other copy shall be filed in the Oklahoma State Bureau of
Investigation’s office. The rules promulg ated by the Bureau
pursuant to the provision provisions of this act section exempting
certain offenses from mandatory reporting shall be based upon
recommended Federal Bureau of Investigation standards for reporting
criminal history information and are not intended to include
violators of city or town ordinances and great care shal l be
exercised to exclude the reporting of criminal history information
for such offenses, except when recommended by the Federal Bureau of
Investigation standards.
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E. The reporting to the Oklahoma State Bureau of Investigation
of criminal history information on each person subject to the
mandatory reporting requirements of Section 150.1 et seq. of this
title shall be mandatory for all law enforcement agencies, courts of
this state, including municipal courts, judicial officials, district
attorneys, and correctional administrators participating in criminal
matters, whether reported directly or indirectly, manually or by
automated system as may be provided by the rules promulgated b y the
Bureau.
F. Except for offenses exempted by the rules promulgated by the
Bureau, the following events shall be reported to the Bureau within
seventy-two (72) hours and the Bureau shall have seventy -two (72)
hours after receipt of the report to enter such information into a
criminal record database:
1. An arrest;
2. The release of a person after arrest without the filing of
any charge; and
3. A decision of a prosecutor not to commence criminal
proceedings or to defer or postpone prosecution.
G. Except for offenses exempted by the rules promulgated by the
Bureau, the following events shall be reported to the Bureau within
thirty (30) days and the Bureau shall have thirty (30) days after
receipt of the report to enter such information into a criminal
record database:
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1. A decision by a prosecutor to modify or amend initial
charges upon which the arrest was made, including deletions or
additions of charges or counts;
2. The presentment of an indictment or the filing of a criminal
information or other statement of charges;
3. The dismissal of an indictment or criminal information or
any charge specified in such indictment or criminal information;
4. An acquittal, conviction , or other court disposition at
trial or before, during , or following trial, in cluding dispositions
resulting from pleas or other agreements;
5. The imposition of a sentence;
6. The commitment to or release from the custody of the
Department of Corrections or incarceration in any jail or other
correctional facility;
7. The escape from custody of any correctional facility, jail ,
or authority;
8. The commitment to or release from probation or parole;
9. An order of any appellate court;
10. A pardon, reprieve, commutation of sentence , or other
change in sentence, including a change ordered by the court;
11. A revocation of probation or parole or other chan ge in
probation or parole status; and
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12. Any other event arising out of or occurring during the
course of criminal proceedings or terms of the sentence deemed
necessary as provided by the rules established by the Bureau.
The Bureau shall have authority to withhold any entry on a
criminal history record when there is reason to believe the entry is
based on error or an unlawful order. The Bureau shall in such case
take immediate action to clarify or correct the entry.
H. Information reportable under the p rovisions of this section
shall be reportable by the law enforcement officer or person
directly responsible for the action, event , or decision, unless
otherwise provided by rule o r agreement. The form and content of
information to be reported and methods for reporting information,
including fingerprint impressions and other identification
information, shall be established by the rules promulgated by the
Bureau. The Bureau is here by directed to establish rules to
implement the provisions of Section 150.1 e t seq. of this title,
provided any rule relating to reporting by courts or judicial
officials shall be issued jointly by the Bureau and the Oklahoma
Supreme Court.
I. Any person or agency subject to the mandatory reporting of
criminal history information or fingerprints as required by the
provisions of this act section shall take appropriate steps to
ensure that appropriate agency officials and employees understand
such requirements. Each agency shall establish, and in appropriate
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cases impose, administra tive sanctions for failure of an official or
employee to report as provided by law. Refusal or persistent
failure of a person or agency to comply with the mandatory reporting
requirements of this act section may result in the discontinued
access to Bureau information or assistance until such agency
complies with the law.
J. All expungement orders which are presented to the Bureau for
alterations to criminal history records must b e accompanied by a
payment of One Hundred Fifty Dollars ($150.00) payable to in
accordance with rules promulgated by the Bureau. The subject of the
criminal history, whose record is being amended or updated based
upon an expungement order, is responsible for such payment. Payment
shall be rendered before any expungement order may be processed by
the Bureau. Payment of the fee shall be waived if the subject of
the criminal history record has been granted an expungement under
the provisions of paragraph 3 of subsection A of Section 18 of Title
22 of the Oklahoma Statutes.
SECTION 6. REPEALER 74 O.S. 2021, Section 150.29, is
hereby repealed.
SECTION 7. REPEALER 74 O.S. 2021, Section 150.30, is
hereby repealed.
SECTION 8. This act shall become effective November 1, 2025.
60-1-842 CN 12/20/2024 11:09:44 AM