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Oklahoma Legislature· HB 1753Placed on General Order

An act relating to identity verification, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1753                By: Kerbs

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6                                AS INTRODUCED

7   An Act relating to identity verification; amending 47

    O.S. 2021, Section 2-106.3, which relates to

8   Fraudulent Documents Identification Unit; modifying

    the name of certain unit; authorizing the adoption

9   and enforcement of certain rules; amending 47 O.S.

    2021, Section 6-110.2, as amended by Section 51,

10  Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, Section

    6-110.2), which relates to computerized finger

11  imaging; modifying responsible agency; amending 47

    O.S. 2021, Section 6-301, as amended by Section 76,

12  Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, Section

    6-301), unlawful use of driver license or

13  identification card; modifying responsible agency;

    making certain exception; requiring certain person be

14  responsible for return of license; requiring certain

    interagency agreements; and declaring an emergency.

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    BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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    SECTION 1.      AMENDATORY   47 O.S. 2021, Section 2-106.3, is

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    amended to read as follows:

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    Section 2-106.3. A. Subject to the availability of funding,

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    the Department of Public Safety shall establish a Fraudulent

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    Documents Identification (FDI) Unit an Identity Verification Unit

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    Req. No. 10690                                                Page 1
1 (IVU) for the primary purpose of investigating and apprehending

2 persons or entities that participate in the sale or distribution of

3 fraudulent documents used for identification purposes. The unit

4 shall additionally specialize in fraudulent identification documents

5 created and prepared for persons who are unlawfully residing within

6 the State of Oklahoma. The Department shall employ sufficient

7 employees to investigate and implement an FDI Unit IVU.

8   B. The Commissioner of Public Safety is hereby authorized to

9 adopt and enforce such rules as may be necessary for operation of

10 the IVU and to carry out the power and duties assigned to the IVU by

11 this title.

12  SECTION 2.      AMENDATORY  47 O.S. 2021, Section 6-110.2, as

13 amended by Section 51, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,

14 Section 6-110.2), is amended to read as follows:

15  Section 6-110.2. A. Service Oklahoma shall implement a

16 procedure for computerized finger imaging by means of an inkless

17 finger image scanning device and shall require every applicant for

18 an original, renewal or replacement driver license or identification

19 card to submit to finger imaging for the purposes of proof of

20 identity and to ensure the security of the driver license or

21 identification card issued to the applicant. If the finger image of

22 a person over sixty-five (65) years of age cannot be scanned and the

23 issuing agent can personally verify the individual's identity with

24 alternative identification, the finger imaging shall be overridden.

    Req. No. 10690                                                 Page 2
1 Means must be provided to trace to the agent who authorized the

2 override.

3   B. No unemancipated person under eighteen (18) years of age

4 shall be issued a driver license or identification card by Service

5 Oklahoma unless an authorization form, prescribed and furnished by

6 Service Oklahoma, or notarized affidavit authorizing the finger

7 imaging of the person and signed by the legal custodial parent,

8 legal guardian, or legal custodian of the person, is in the

9 possession of Service Oklahoma.

10  C. No law enforcement agency of the state or federal government

11 other than Service Oklahoma the Department of Public Safety shall

12 have access to any information collected through the use of

13 computerized finger imaging without first obtaining a court order

14 from a judge of competent jurisdiction; provided, however, the

15 Oklahoma State Bureau of Investigation shall have access to such

16 imaging for the purpose of identifying a person who is deceased,

17 missing or endangered. Each application for an order authorizing

18 the access to any information collected through the use of

19 computerized finger imaging shall be made in writing upon oath or

20 affirmation to a judge of competent jurisdiction. Each application

21 shall establish probable cause for belief that a named individual is

22 committing, has committed or is about to commit a particular

23 violation of law.

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    Req. No. 10690                                                 Page 3
1   D. Service Oklahoma shall adopt rules as may be necessary to

2 carry out the provisions of this section.

3   SECTION 3.      AMENDATORY  47 O.S. 2021, Section 6-301, as

4 amended by Section 76, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,

5 Section 6-301), is amended to read as follows:

6   Section 6-301. It shall be unlawful for any person to commit

7 any of the acts specified in paragraph 1 or 2 of this section in

8 relation to an Oklahoma driver license or identification card

9 authorized to be issued by Service Oklahoma pursuant to the

10 provisions of Sections 6-101 through 6-309 of this title or any

11 driver license or other evidence of driving privilege or

12 identification card authorized to be issued by the state of origin.

13  1. It is a misdemeanor for any licensee:

14  a. to display or cause or permit to be displayed one's

15              own license after such license has been suspended,

16              revoked or canceled or to possess one's own license

17              after having received notice of its suspension,

18              revocation, or cancellation,

19  b. to lend one's own license or identification card to

20              any other person or knowingly permit the use thereof

21              by another,

22  c. to display or cause or permit to be displayed or to

23              possess a license or identification card issued to

24              oneself which bears altered information concerning the

    Req. No. 10690                                                  Page 4
1   date of birth, expiration date, sex, height, eye

2   color, weight or license or card number,

3   d. to fail or refuse to surrender to Service Oklahoma

4   upon its lawful demand any license or identification

5   card which has been suspended, revoked or canceled,

6   e. to permit any unlawful use of a license or

7   identification card issued to oneself,

8   f. to do any act forbidden or fail to perform any act

9   required by this chapter, excepting those acts as

10  provided in paragraph 2 of this section,

11  g. to display or represent as one's own, any license or

12  identification card not issued to such person, unless

13  under conditions provided in subparagraph e of

14  paragraph 2 of this section, or

15  h. to add to, delete from, alter, or deface the required

16  information on a driver license or identification

17  card.

18  2. It is a felony for any person:

19  a. to create, publish or otherwise manufacture an

20  Oklahoma or other state license or identification card

21  or facsimile thereof, or to create, manufacture or

22  possess an engraved plate or other such device, card,

23  laminate, digital image or file, or software for the

24  printing of an Oklahoma or other state license or

    Req. No. 10690                                     Page 5
1   identification card or facsimile thereof, except as

2   authorized pursuant to this title,

3   b. to display or cause or permit to be displayed or to

4   knowingly possess any state counterfeit or fictitious

5   license or identification card,

6   c. to display or cause to be displayed or to knowingly

7   possess any state license or identification card

8   bearing a fictitious or forged name or signature,

9   d. to display or cause to be displayed or to knowingly

10  possess any state license or identification card

11  bearing the photograph of any person, other than the

12  person named thereon as licensee,

13  e. to display or represent as one's own, any license or

14  identification card not issued to him or her, for the

15  purpose of committing a fraud in any commercial

16  transaction or to mislead a peace officer in the

17  performance of his or her duties, or

18  f. to use a false or fictitious name in any application

19  for a license or identification card or to knowingly

20  make a false statement or to knowingly conceal a

21  material fact or otherwise commit a fraud in any such

22  application.

23  3. It is a felony for any employee or person authorized to

24 issue or approve the issuance of licenses or identification cards

    Req. No. 10690                                     Page 6
1 under this title to knowingly issue or attempt to issue a license or

2 identification card or to knowingly give approval for, cause, or

3 attempt to cause a license or identification card to be issued:

4   a. to a person not entitled thereto,

5   b. bearing erroneous information thereon, or

6   c. bearing the photograph of a person other than the

7            person named thereon.

8 Such conduct shall be grounds for termination of employment of the

9 employee.

10  4. The violation of any of the provisions of paragraph 1 of

11 this section shall constitute a misdemeanor and shall, upon

12 conviction thereof, be punishable by a fine of not less than Twenty-

13 five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00);

14 the violation of any of the provisions of paragraph 2 or 3 of this

15 section shall constitute a felony and shall, upon conviction

16 thereof, be punishable by a fine not exceeding Ten Thousand Dollars

17 ($10,000.00) or a term of imprisonment in the custody of the

18 Department of Corrections not to exceed seven (7) years, or by both

19 such fine and imprisonment.

20  5. Notwithstanding any provision of this section, Service

21 Oklahoma the Department of Public Safety, through its Identity

22 Verification Unit (IVU), may, upon the request of the chief

23 administrator of a law enforcement, military, or intelligence

24 agency, authorize the issuance to and display, and possession by a

    Req. No. 10690                                                 Page 7
1 person of a license which would otherwise be a violation of this

2 section, for the sole purpose of aiding in a criminal investigation

3 or a military or intelligence operation. While acting pursuant to

4 such authorization by Service Oklahoma the Department, such person

5 shall not be prosecuted for a violation under this section unless

6 the person exceeds the scope or duration of the Department's

7 authorization. Upon termination of such investigation or operation

8 or upon request, Service Oklahoma shall forthwith cause such license

9 to be returned to Service Oklahoma of the Department, the chief

10 administrator of the law enforcement agency requesting the issuance

11 of the license and the recipient of the license shall be jointly

12 responsible to ensure the license is promptly returned to the

13 Department. The Department and Service Oklahoma shall enter into

14 interagency agreements as may be necessary to fulfill the powers and

15 duties set forth in this subsection. The Department is authorized

16 to enter into interagency agreements with law enforcement agencies

17 requesting issuance of such a license setting forth the terms of the

18 authorization for use of the license, the terms for custody and

19 control of the license, and the terms for duration and revocation of

20 authorization to use or possess the license.

21  SECTION 4. It being immediately necessary for the preservation

22 of the public peace, health or safety, an emergency is hereby

23 declared to exist,

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    Req. No. 10690                                                  Page 8
1 by reason whereof this act shall take effect and be in full force

2 from and after its passage and approval.

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4   60-1-10690      JBH  12/16/24

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    Req. No. 10690                          Page 9
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