1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1662 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma State Bureau of
7 Investigation; defining terms; authorizing the
8 Director of the Oklahoma State Bureau of
8 Investigation to develop certain procedures related
9 to requests for certain record checks; stating
9 criteria for such requests; requiring submission of
10 fingerprints for certain determination; determining
10 responsibility of certain entity to provide certain
11 decision; authorizing application to certain
11 individuals and entities; providing certain
12 construction; providing for codification; and
12 providing an 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. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 150.9.2 of Title 74, unless
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18 there is created a duplication in numbering, reads as follows:
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19 A. For purposes of this section, the following terms are
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20 defined as follows:
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21 1. “Authorized agency” means the agency designated by statute
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22 to report, receive, or disseminate a state or national criminal
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23 history record check;
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 1 2. “Child” means a person who is a under the age of eighteen
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2 (18) years;
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3 3. “Care” means the provision of care, treatment, education,
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4 training, instruction, supervision, or recreation to children, the
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5 elderly, or individuals with disabilities;
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6 4. “Covered individual” means a person who:
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7 a. has, seeks to have, or may have access to children,
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8 the elderly, or individuals with disabilities, served
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9 by a qualified entity, and
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10 b. (1) is employed by or volunteers with, or seeks to be
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11 employed by or volunteer with, a qualified
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12 entity, or
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13 (2) owns or operates, or seeks to own or operate, a
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14 qualified entity;
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15 5. “Employed by” means to be paid to provide or seek to provide
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16 care services for a qualified entity, regardless of being paid
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17 directly by the qualified entity or by an entity contracted by the
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18 qualified entity to provide care;
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19 6. “Individuals with disabilities” means persons with a mental
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20 or physical impairment who require assistance to perform one or more
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21 daily living tasks;
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22 7. “National criminal history record check system” means the
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23 criminal history record system maintained by the Federal Bureau of
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 1 Investigation (FBI) based on fingerprint identification or any other
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2 method of positive identification; and
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3 8. “Qualified entity” means a business or organization whether
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4 public, private, for-profit, not-for-profit, or voluntary, that
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5 provides care or care placement services, including a business or
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6 organization that licenses or certifies others to provide care or
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7 care placement services.
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8 B. The Director of the Oklahoma State Bureau of Investigation
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9 (OSBI) shall develop procedures in accordance with the federal
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10 National Child Protection Act of 1993 and the federal Volunteers for
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11 Children Act to enable a qualified entity to request a state and
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12 national criminal history record check to determine whether a
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13 covered individual is the subject of any child abuse crime.
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14 C. The request for a state and national criminal history record
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15 check shall be made by:
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16 1. Electronically submitting the fingerprints of the covered
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17 individual to the OSBI as directed by the authorized agency; and
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18 2. Submitting to the authorized agency a copy of a statement
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19 signed by the covered individual that includes:
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20 a. a waiver permitting the qualified entity to request
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21 and receive a criminal history record check for the
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22 purpose of determining the qualification and fitness
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23 of a person to serve as a covered individual;
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 1 b. the name, address, and date of birth of the covered
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2 individual as it appears on a valid identification
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3 document;
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4 c. a disclosure of whether the individual has ever been
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5 convicted of or is the subject of pending charges for
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6 a criminal offense and, if convicted, a description of
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7 the crime and the result of the conviction; and
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8 d. a notice to the individual that he or she is entitled
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9 to obtain a copy of the criminal history record check
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10 to verify the accuracy and completeness of any
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11 information contained in such report before a
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12 determination is made by the qualified entity.
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13 D. An authorized agency shall require a qualified entity to
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14 obtain fingerprints from a covered individual and to submit the
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15 fingerprints to the OSBI and the FBI for a state and national
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16 criminal history record check. The OSBI shall use the fingerprints
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17 to identify the individual and to determine whether he or she has a
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18 record of criminal history in this state or other jurisdictions or
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19 countries. The OSBI will provide results of the criminal history
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20 record check to the authorized agency. The authorized agency may
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21 use the information obtained from the fingerprints and such state
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22 and national criminal history record checks in the official
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23 determination of the qualifications and fitness of the person to
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24 serve as a covered individual.
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 1 E. The authorized agency shall be solely responsible for making
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2 any determination that a criminal history record of a person shows
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3 that such person has been convicted of a crime that bears upon the
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4 fitness of such person to serve as a provider. This section does
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5 not require the OSBI to make such a determination on behalf of any
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6 authorized agency.
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7 F. This section shall only apply to covered individuals and
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8 qualified entities as defined in this section. This section shall
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9 not be construed to replace, supersede, or in any way affect any
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10 state law that requires a national criminal history record check,
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11 prescribes procedures for a national criminal history record check
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12 required by state law, or precludes an individual from employment
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13 based on the results of a national criminal history record check
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14 required by state law.
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15 SECTION 2. This act shall become effective November 1, 2024.
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17 59-2-2810 CN 1/16/2024 12:56:13 PM
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