1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 346 By: Rogers
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6 AS INTRODUCED
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7 An Act relating to law enforcement training; amending
7 70 O.S. 2021, Section 3311.4, which relates to
8 continuing law enforcement training; requiring
8 certain training; amending 70 O.S. 2021, Section
9 3311.5, as amended by Section 1, Chapter 399, O.S.L.
9 2022 (70 O.S. Supp. 2022, Section 3311.5), which
10 relates to required curriculum for law enforcement
10 certification; requiring certain training; providing
11 for certain training; requiring participation in
11 certain training; prohibiting certain action;
12 providing for codification; and providing an
12 effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311.4, is
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17 amended to read as follows:
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18 Section 3311.4. A. Beginning January 1, 2008, and annually
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19 thereafter, every active full-time peace officer, certified by the
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20 Council on Law Enforcement Education and Training (CLEET) pursuant
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21 to Section 3311 of this title, shall attend and complete a minimum
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22 of twenty-five (25) hours of continuing law enforcement training
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23 accredited or provided by CLEET which shall include a mandatory two
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24 (2) hours on mental health issues. Effective November 1, 2019,
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 1 CLEET shall establish appropriate training resources which shall
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2 include the policies and protocols for responding to sexual assault
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3 calls, guidelines for the collection and maintenance of sexual
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4 assault kits and continuing education on trauma-informed sexual
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5 assault response and intervention, and shall require all CLEET-
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6 certified law enforcement officers to complete such training on a
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7 regular basis to be determined by CLEET. CLEET shall promulgate
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8 rules to enforce the provisions of this section and shall enter into
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9 contracts and agreements for the payment of classroom space,
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10 training, food, and lodging expenses as may be necessary for law
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11 enforcement officers attending such training in accordance with
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12 subsection B of Section 3311 of this title. Such training and
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13 seminars shall be conducted in all areas of this state at technology
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14 center schools, institutions of higher education, or other approved
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15 sites.
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16 B. Beginning January 1, 2017 January 1, 2024, and annually
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17 thereafter, every active reserve peace officer, certified by CLEET
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18 pursuant to Section 3311 of this title, shall attend and complete a
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19 minimum of eight (8) hours of continuing law enforcement training
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20 accredited or provided by CLEET which shall include a mandatory one
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21 (1) hour on mental health issues and one (1) hour of education and
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22 training relating to protecting the rights of the people of this
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23 state as enumerated in the Constitutions of the United States and
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24 the State of Oklahoma, as provided in Section 3 of this act.
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 1 C. Every inactive full-time or reserve peace officer, certified
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2 by CLEET, shall be exempt from these requirements during the
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3 inactive status. Upon reentry to full-time active status, the peace
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4 officer shall be required to comply with subsection A of this
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5 section. If a full-time certified peace officer has been inactive
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6 for five (5) or more years, the officer must complete refresher
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7 training as prescribed by CLEET and which shall include a minimum of
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8 four (4) hours of mental health education and training, within one
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9 (1) year of employment. Upon reentry to active reserve status, the
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10 peace officer shall be required to comply with subsection B of this
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11 section. If a certified reserve officer has been inactive for five
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12 (5) or more years, the certified reserve officer shall complete a
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13 legal update as prescribed by CLEET. The Director of CLEET may
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14 waive these requirements based on review of all records of
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15 employment and training.
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16 D. Every tribal officer who is commissioned by an Oklahoma law
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17 enforcement agency pursuant to a cross-deputization agreement with
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18 the State of Oklahoma or any political subdivision of the State of
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19 Oklahoma pursuant to the provisions of Section 1221 of Title 74 of
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20 the Oklahoma Statutes shall comply with the provisions of this
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21 section.
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22 E. Any active full-time or reserve certified peace officer, or
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23 CLEET-certified cross-deputized tribal officer who fails to meet the
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24 annual training requirements specified in this section, shall be
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 1 subject to having the certification of the peace officer suspended,
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2 after the peace officer and the employer have been given written
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3 notice of noncompliance and a reasonable time, as defined by the
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4 Council, to comply with the provisions of this section. A peace
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5 officer shall not be employed in the capacity of a peace officer
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6 during any period of suspension. The suspension period shall be for
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7 a period of time until the officer files a statement attesting to
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8 full compliance with the provisions of this section. Suspension of
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9 peace officer certification shall be reported to the district
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10 attorney for the jurisdiction in which the officer is employed, the
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11 liability insurance company of the law enforcement agency that
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12 employed the peace officer, the chief elected official of the
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13 governing body of the law enforcement agency and the chief law
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14 enforcement officer of the law enforcement agency. Any officer
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15 whose certification is suspended pursuant to this section may
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16 request a hearing with CLEET. Such hearings shall be governed by
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17 the Administrative Procedures Act except that the affected officer
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18 has the burden to show CLEET why CLEET should not have the
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19 certification of the officer suspended.
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20 F. All certified, active full-time or reserve peace officers
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21 employed, commissioned or appointed for a period of ninety (90) days
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22 in a calendar year, who become inactive prior to the end of a
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23 calendar year, are responsible for meeting mandatory continuing
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24 education requirements as set forth in this section upon return to
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 1 active full-time or reserve peace officer status within sixty (60)
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2 days of the date of return to employment, commission or appointment.
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3 Failure to complete the mandatory continuing education within sixty
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4 (60) days may result in disciplinary action as set forth in CLEET
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5 Rules at OAC 390:2. Full-time or reserve certified peace officers
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6 who return to active status within the calendar year they become
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7 inactive must complete the annual mandatory continuing education
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8 requirements outlined in this section within the remaining portion
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9 of the calendar year.
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10 G. Peace officers with full-time certification who worked
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11 during a calendar year only as a reserve officer are required to
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12 complete only the training requirements for reserve certification.
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13 For purposes of the requirements outlined in subsection F of this
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14 section, full-time peace officers who worked both in the capacity of
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15 a full-time peace officer and reserve officer in a calendar year
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16 must complete full-time continuing education requirements.
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17 SECTION 2. AMENDATORY 70 O.S. 2021, Section 3311.5, as
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18 amended by Section 1, Chapter 399, O.S.L. 2022 (70 O.S. Supp. 2022,
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19 Section 3311.5), is amended to read as follows:
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20 Section 3311.5. A. On and after November 1, 2007, the Council
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21 on Law Enforcement Education and Training (CLEET), pursuant to its
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22 authority granted by Section 3311 of this title, shall include in
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23 its required basic training courses for law enforcement
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24 certification a minimum of four (4) hours of education and training
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 1 relating to recognizing and managing a person appearing to require
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2 mental health treatment or services. The Council shall further
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3 offer a minimum of four (4) hours of education and training on
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4 specific mental health issues pursuant to Section 3311.4 of this
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5 title to meet the annual requirement for continuing education in the
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6 areas of mental health issues.
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7 B. By January 1, 2008, CLEET, pursuant to its authority granted
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8 by Sections 3311 and 3311.4 of this title, shall include in its
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9 required courses of study for law enforcement certification a
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10 minimum of six (6) hours of evidence-based sexual assault and sexual
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11 violence training. A portion of the sexual assault and sexual
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12 violence training shall include instruction presented by a certified
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13 sexual assault service provider.
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14 C. By January 1, 2012, every active full-time peace officer,
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15 previously certified by CLEET pursuant to Section 3311 of this
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16 title, shall be required to attend and complete the evidence-based
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17 sexual assault and sexual violence training provided in subsection B
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18 of this section.
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19 D. CLEET shall promulgate rules to enforce the provisions of
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20 subsections B and C of this section and shall, with the assistance
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21 of certified sexual assault service providers, establish a
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22 comprehensive integrated curriculum for the teaching of evidence-
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23 based sexual assault and sexual violence issues.
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 1 E. The Council is required to update that block of training or
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2 course materials relating to legal issues, concepts, and state laws
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3 annually, but not later than ninety (90) days following the
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4 adjournment of any legislative session.
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5 F. By January 1, 2009, CLEET, pursuant to its authority granted
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6 by Sections 3311 and 3311.4 of this title, shall include in its
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7 required courses of study for law enforcement certification oil
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8 field equipment theft training.
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9 G. By January 1, 2012, CLEET, pursuant to its authority granted
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10 by Sections 3311 and 3311.4 of this title, shall establish and
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11 include in its required courses of study for law enforcement
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12 certification a minimum of eight (8) hours of evidence-based
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13 domestic violence and stalking investigation training. The training
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14 should include, at a minimum, the importance of reporting domestic
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15 violence incidents, determining the predominant aggressor, evidence-
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16 based investigation of domestic violence and stalking, lethality
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17 assessment, and personal safety planning necessary at the pretrial
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18 stages of a potential criminal case. A portion of the training
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19 shall include instruction presented by an expert victim advocate
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20 selected from recommendations provided by the Office of the Attorney
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21 General or the Domestic Violence Fatality Review Board. The
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22 training shall be developed in collaboration with the Domestic
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23 Violence Fatality Review Board, and where applicable, shall replace
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24 existing domestic violence and stalking courses currently required.
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 1 H. By January 1, 2012, the evidence-based domestic violence and
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2 stalking investigation curriculum developed in collaboration with
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3 the Domestic Violence Fatality Review Board shall be submitted to
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4 the Council for approval.
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5 I. CLEET shall establish the training provided in subsection G
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6 of this section as a part of CLEET’s peace officer continuing
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7 education program and develop a plan to train full-time peace
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8 officers previously certified by CLEET pursuant to Section 3311 of
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9 this title where applicable. The Office of the Attorney General
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10 shall provide a list of expert victim advocates that are available
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11 to assist in the training.
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12 J. The Council is authorized to pay for and send training staff
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13 and employees to one or more training and education courses in
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14 jurisdictions outside this state for the purpose of expanding
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15 curriculum, training skill development, and general knowledge within
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16 the field of law enforcement education and training.
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17 K. On and after November 1, 2013, CLEET, pursuant to its
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18 authority granted by Section 3311 of this title, shall include in
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19 its required basic training courses for law enforcement
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20 certification a minimum of two (2) hours of education and training
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21 relating to recognizing and managing a person experiencing dementia
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22 or Alzheimer’s disease.
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23 L. By November 1, 2019, CLEET shall establish appropriate
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24 training resources focused on protocol for handling and processing
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 1 sexual assault calls. The training shall include, but not be
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2 limited to:
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3 1. How to handle the sexual assault call upon first contact;
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4 2. Determining when the assault occurred;
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5 3. Where to take the victim;
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6 4. Questioning witnesses and collecting evidence; and
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7 5. Informing and assisting the victim in accessing resources,
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8 help and information.
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9 M. By November 1, 2023, CLEET, pursuant to its authority
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10 granted by Section 3311 of this title, shall include in its required
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11 basic training courses for law enforcement certification a minimum
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12 of one (1) hour of education and training in relation to protecting
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13 the rights of the people of this state as enumerated in the
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14 Constitutions of the United States and the State of Oklahoma, as
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15 provided in Section 3 of this act.
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16 N. The Council shall promulgate rules to evaluate and approve
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17 municipalities and counties that are deemed capable of conducting
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18 separate basic law enforcement training academies in their
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19 jurisdiction and to certify officers successfully completing such
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20 academy training courses. Upon application to the Council, any
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21 municipality with a population of sixty-five thousand (65,000) or
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22 more or any county with a population of five hundred thousand
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23 (500,000) or more shall be authorized to operate a basic law
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24 enforcement academy. In addition, upon application and approval
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 1 from the Council, a municipality with a population under sixty-five
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2 thousand (65,000) or a county with a population under five hundred
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3 thousand (500,000) may be authorized to operate a basic law
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4 enforcement academy; provided, however, the Council may approve no
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5 more than two such applications per year. The Council shall approve
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6 an application when the municipality or county making the
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7 application meets the criteria for a separate training academy and
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8 demonstrates to the satisfaction of the Council that the academy has
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9 sufficient resources to conduct the training, the instructional
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10 staff is appropriately trained and qualified to teach the course
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11 materials, the curriculum is composed of comparable or higher
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12 quality course segments to the CLEET academy curriculum, and the
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13 facilities where the academy will be conducted are safe and
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14 sufficient for law enforcement training purposes. Any municipality
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15 or county authorized to operate a basic law enforcement academy
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16 after November 1, 2007, shall not be eligible to receive funds
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17 pursuant to subsection E of Section 1313.2 of Title 20 of the
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18 Oklahoma Statutes. The Council shall not provide any funding for
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19 the operation of any separate training academy authorized by this
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20 subsection.
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21 N. O. Any municipality or