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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1496 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; amending 74 O.S. 2021, Sections 150.5,
8 150.7, and 150.11, which relate to investigations,
8 powers and duties of the Director of the Oklahoma
9 State Bureau of Investigation, and evidentiary
9 property; clarifying confidentiality provisions;
10 authorizing disclosure of statistical data;
10 authorizing Director to digitally store and dispose
11 of certain records; authorizing Director to accept
11 certain monies to be deposited in certain fund;
12 authorizing certain evidence disposal; requiring
12 certain affidavit; clarifying property sale
13 provisions; permitting refusal to sell property under
13 certain circumstance; updating statutory language and
14 references; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.5, is
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19 amended to read as follows:
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20 Section 150.5. A. 1. Oklahoma State Bureau of Investigation
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21 investigations not covered under Section 150.2 of this title shall
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22 be initiated at the request of the following persons:
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23 a. the Governor,
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24 b. the Attorney General,
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1 c. the Council on Judicial Complaints upon a vote by a
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2 majority of the Council,
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3 d. the chair of any Legislative Investigating Committee
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4 legislative investigating committee which has been
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5 granted subpoena powers by resolution, upon
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6 authorization by a vote of the majority of the
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7 Committee committee,
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8 e. the Director of the Department of Human Services, or
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9 designee, as authorized by Section 1-2-105 of Title
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10 10A of the Oklahoma Statutes, or
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11 f. a district court judge as authorized by Section 1-2-
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12 103 of Title 10A of the Oklahoma Statutes.
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13 2. Requests for investigations shall be submitted in writing
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14 and shall contain specific allegations of wrongdoing under the laws
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15 of the State of Oklahoma this state.
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16 B. The Governor may initiate special background investigations
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17 with the written consent of the person who is the subject of the
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18 investigation.
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19 C. The chair of any Senate committee which is fulfilling the
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20 statutory responsibility for approving nominations made by the
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21 Governor may, upon a vote by a majority of the committee and with
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22 the written consent of the person who is to be the subject of the
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23 investigation, initiate a special background investigation of any
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24 nominee for the Oklahoma Horse Racing Commission as established by
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1 Section 201 of Title 3A of the Oklahoma Statutes or any nominee for
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2 the Board of Trustees board of trustees of the Oklahoma Lottery
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3 Commission as established by Section 704 of Title 3A of the Oklahoma
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4 Statutes. The Bureau shall submit a report to the committee within
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5 thirty (30) days of the receipt of the request. Any consideration
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6 by the committee of a report from the Bureau shall be for the
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7 exclusive use of the committee and shall be considered only in
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8 executive session.
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9 D. 1. All records relating to any investigation being
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10 conducted by the Bureau, including any records of laboratory
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11 services provided to law enforcement agencies pursuant to paragraph
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12 1 of subsection A of Section 150.2 of this title, shall be
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13 confidential and shall not be open to the public or to the Oklahoma
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14 State Bureau of Investigation Commission except as provided in
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15 Section 150.4 of this title; provided, however, officers and agents
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16 of the Bureau may disclose, at the discretion of the Director of the
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17 Oklahoma State Bureau of Investigation, such investigative
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18 information to:
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19 a. officers and agents of federal, state, county, tribal,
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20 or municipal law enforcement agencies and to district
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21 attorneys, in the furtherance of criminal
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22 investigations prosecutorial entities for the purpose
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23 of criminal investigations and prosecutions within
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24 their respective jurisdictions,
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1 b. employees of the Department of Human Services in the
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2 furtherance of child abuse investigations, and
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3 c. appropriate accreditation bodies for the purposes of
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4 the Bureau's obtaining or maintaining accreditation.
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5 2. Any unauthorized disclosure of any information contained in
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6 the confidential files of the Bureau, not otherwise prepared for the
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7 purpose of statistical data as referenced in this section, shall be
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8 a misdemeanor. The person or entity authorized to initiate
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9 investigations in this section, and the Attorney General in the case
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10 of investigations initiated by the Insurance Commissioner, shall
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11 receive a report of the results of the requested investigation. The
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12 person or entity requesting the investigation may give that
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13 information only to the appropriate prosecutorial officer or agency
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14 having statutory authority in the matter if that action appears
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15 proper from the information contained in the report, and shall not
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16 reveal or give such information to any other person or agency.
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17 Violation hereof shall be deemed willful neglect of duty and shall
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18 be grounds for removal from office.
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19 E. It shall not be a violation of this section to reveal
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20 otherwise confidential information to outside agencies or
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21 individuals who are providing interpreter services, questioned
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22 document analysis, laboratory services, or other specialized
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23 services that are necessary in the to or that may provide assistance
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24 of in Bureau investigations. Individuals or agencies receiving the
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1 confidential and investigative information or records or results of
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2 laboratory services provided to the Bureau by those agencies or
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3 individuals, shall be subject to the confidentiality provisions and
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4 requirements established in subsection D of this section.
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5 F. It shall not be a violation of this section to reveal for
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6 training or educational purposes otherwise confidential information
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7 from records relating to any investigation previously conducted by
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8 the Bureau, including any records of laboratory services provided to
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9 law enforcement agencies pursuant to paragraph 1 of subsection A of
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10 Section 150.2 of this title, so long as ten (10) or more years have
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11 passed since the production of the information or record or such
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12 information or record relates to an investigation that is closed by
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13 way of conviction or plea of guilty or nolo contendere.
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14 G. It shall not be a violation of this section to reveal
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15 otherwise confidential information from records relating to any
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16 investigation being conducted by the Bureau, including any records
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17 of laboratory services provided to law enforcement agencies pursuant
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18 to paragraph 1 of subsection A of Section 150.2 of this title or to
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19 the public, provided, release of the confidential information has
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20 been authorized by the Director of the Bureau for the purposes of
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21 developing or obtaining further information reasonably necessary to
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22 the successful conclusion of a criminal investigation being
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23 conducted by the Bureau or authorized by the Director of the Bureau
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24 for the purpose of advising crime victims or family representatives
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1 of homicide victims regarding the status of a pending investigation
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2 or to provide a summary of a closed investigation when necessary.
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3 H. The State Treasurer shall initiate a complete background
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4 investigation of the positions with the written consent of the
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5 persons who are the subject of the investigation pursuant to
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6 subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes.
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7 The Bureau shall advise the State Treasurer and the Cash Management
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8 and Investment Oversight Commission Invest in Oklahoma Board in
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9 writing of the results of the investigation.
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10 I. The Bureau may report statistical data that does not include
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11 personal information to law enforcement and the public.
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12 SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.7, is
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13 amended to read as follows:
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14 Section 150.7. The Director of the Oklahoma State Bureau of
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15 Investigation shall have the following powers, duties, and
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16 responsibilities:
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17 1. To appoint or dismiss a Deputy Director to assist in the
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18 administration of the Bureau;
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19 2. To supervise the maintaining of all reports and records of
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20 the Bureau and to promulgate administrative rules concerning the
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21 destruction and retention of such records. Such records shall not
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22 be transferred to the custody or control of the Archives and Records
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23 Commission or be subject to the provisions of Section 590 of Title
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24 21 of the Oklahoma Statutes or the Records Management Act. The
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1 Director may, pursuant to adopted and promulgated administrative
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2 rule, order destruction of records deemed to be no longer of value
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3 to the Bureau, excluding criminalistic and investigative records
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4 which shall forever be kept and maintained. The Director may cause
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5 any or all original papers or records kept by the Bureau to be
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6 digitally scanned or imaged and stored on a computer or digital
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7 storage medium in lieu of retention of the original records or
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8 papers. However, the digitally stored records or papers shall be an
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9 accurate and complete reproduction of the original papers or records
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10 and stored in a conveniently accessible manner. Following the
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11 scanning, imaging, and digital storage of the original records or
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12 papers, the Director may authorize the disposal, archival storage,
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13 or destruction of the original records or papers;
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14 3. To report to the Commission at each regular meeting, or as
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15 directed by the Commission, the current workload of the Bureau.
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16 Such reports shall be submitted by category of the persons or
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17 entities authorized to initiate investigations as provided for in
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18 subsection A of Section 150.5 of this title, and any other category
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19 the Commission may request which does not violate the
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20 confidentiality restrictions imposed in Sections 150.1 through 152.9
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21 152.12 of this title. Such reports shall contain the following
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22 information:
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23 a. what the types of investigations that are pending,
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1 b. what the new types of investigations that have been
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2 opened,
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3 c. what the types of investigations that have been
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4 closed, and
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5 d. what the criminal charges that have been filed as a
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6 result of Bureau investigations.
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7 The reports shall not contain any information on the individual
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8 subjects of the investigation or persons questioned in connection
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9 with an investigation. These reports shall be open for public
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10 inspection;
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11 4. To designate positions, appoint employees, and fix salaries
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12 of the Bureau, other than the salaries established by subsection A
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13 of Section 150.6a of this title, and to authorize the payment of
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14 necessary certification expenses for the employees;
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15 5. To authorize the purchase and issuance of uniforms for all
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16 law enforcement officers, criminalists, and other personnel of the
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17 Bureau as designated by the Director and to purchase and issue
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18 necessary equipment for all employees of the Bureau. All uniforms
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19 and equipment shall be used only in the performance of the official
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20 duties of the officers, criminalists, or other personnel and shall
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21 remain the property of the Bureau except as otherwise provided by
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22 law;
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23 6. To accept gifts, bequests, devises, contributions, and
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24 grants, whether public or private, including funds from federal and
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1 state agencies, or funds from any other source for use in furthering
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2 the operations of the Bureau. All monies received by the Director
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3 pursuant to this subsection shall be deposited to the credit of the
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4 OSBI Revolving Fund;
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5 7. To enter into local cooperative agreements with local law
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6 enforcement agencies for the purpose of appointing affiliate task
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7 force agents to assist the Bureau in the investigation of major
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8 crimes under the jurisdiction of the Bureau. Affiliate task force
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9 agents shall be employees and commissioned law enforcement officers
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10 of the local law enforcement agency entering into agreement with the
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11 Bureau and shall not be employees of the Bureau. Affiliate task
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12 force agents shall have general peace officer powers and the
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13 authority to arrest persons throughout the state while serving as an
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14 affiliate task force agent. Affiliate task force agents serve
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15 solely at the discretion and will of the Director. The Director may
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16 renew, suspend, or revoke any agreement appointing an affiliate task
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17 force agent at any time; and
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18 7. 8. To enter into interagency transfers with the Oklahoma
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19 Highway Patrol, the Oklahoma State Bureau of Narcotics and Dangerous
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20 Drugs Control, and the Oklahoma Alcoholic Beverages Beverage Laws
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21 Enforcement Commission as provided for in Section 1 of this act
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22 Section 11000 of this title.
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23 SECTION 3. AMENDATORY 74 O.S. 2021, Section 150.11, is
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24 amended to read as follows:
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1 Section 150.11. A. All Except as provided for in Section
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2 1024.4 of Title 21 of the Oklahoma Statutes, all property which
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3 comes into the possession of the Oklahoma State Bureau of
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4 Investigation (OSBI), whether the same is stolen, embezzled, or
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5 otherwise, which the Bureau has held for at least one (1) year
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6 unless said the property is perishable, may be disposed of by order
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7 of an Oklahoma County district court if the owner or owners of said
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8 the property are unknown or have not claimed the same. The Director
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9 of the Oklahoma State Bureau of Investigation shall then be
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10 authorized to sell, deposit, donate, destroy, or otherwise dispose
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11 of such property or any part thereof which is no longer needed to be
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12 held as evidence or otherwise used in connection with any
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13 litigation.
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14 B. 1. If cash or other legal tender is the subject of the
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15 action, the Director shall file a petition in the district court of
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16 Oklahoma County requesting authority to forfeit and deposit the
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17 funds. The petition shall include the following information:
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18 a. description of the property,
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19 b. approximate date that the property came into
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20 possession of the Director, and
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21 c. the names of the owner or owners, if known.
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22 2. Upon the filing of the petition, notice of at least ten (10)
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23 days shall be given to each known owner by the Director of the OSBI
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1 by mailing a copy of the petition and notice of hearing to the last-
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2 known address of each owner by certified mail.
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3 3. Notice of the hearing shall also be posted at the Oklahoma
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4 County courthouse at the regular place assigned for the posting of
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5 legal notices and in the public lobby at OSBI headquarters.
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6 4. If no owner appears and establishes ownership to the cash or
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7 legal tender, the court shall enter an order authorizing the
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8 forfeiture of the funds to the OSBI. All monies forfeited shall be
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9 deposited into the OSBI Revolving Fund.
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10 C. 1. For disposition of all other seized property, the
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11 Director shall file a petition in the district court of Oklahoma
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12 County requesting authority to conduct a sale of, or otherwise
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13 dispose of, the property as provided herein. The petition shall
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14 include the following information:
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15 a. description of the property,
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16 b. approximate date that the property came into the
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17 possession of the Director, and
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18 c. the names of the owner or owners, if known.
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19 2. Upon the filing of the petition, notice of at least ten (10)
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20 days shall be given to each known owner by the Director of the OSBI
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21 by mailing a copy of the petition and notice of hearing by certified
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22 mail to the last-known address of each owner. An affidavit of
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23 notice being sent shall be filed with the court by a representative
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24 of the OSBI.
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1 3. Notice of the hearing shall also be posted at the Oklahoma
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2 County courthouse at the regular place assigned for the posting of
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3 legal notices and in the public lobby at OSBI headquarters.
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4 4. If no owner appears and establishes ownership to the
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5 property, the court shall may enter an order authorizing the
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6 Director to sell the property at public auction or Internet auction,
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7 which may include online bidding, to the highest bidder after notice
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8 of at least five (5) days of the auction has been given by
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9 publication in one issue of a legal newspaper of record in Oklahoma
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10 County. If the property is offered for sale at public auction,
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11 including an Internet auction, and no bid is received that exceeds
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12 fifty percent (50%) of the fair-market value of the property, such
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13 value to be announced prior to the sale, the Director may refuse to
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14 sell the item pursuant to any bid received.
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15 5. The In the event of the sale of the property, the Director
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16 shall make a return of sale, and when confirmed by the court, the
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17 order confirming the sale shall vest title of the property to the
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18 purchaser. The money received from the sale shall be deposited in
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19 the OSBI Revolving Fund.
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20 SECTION 4. This act shall become effective November 1, 2026.
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22 60-2-2615 CN 1/9/2026 1:38:32 PM
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Req. No. 2615 Page 12Every fact on this page links to its source, starting with the official bill record.