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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 1636 By: Hicks
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7 AS INTRODUCED
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8 An Act relating to the Oklahoma State Bureau of
8 Investigation; amending 74 O.S. 2021, Section 150.5,
9 which relates to investigations; adding individual
9 authorized to submit certain request; updating
10 statutory language and reference; defining terms;
10 requiring certain review upon certain request;
11 stating review criteria; clarifying individuals
11 authorized to make certain review; requiring
12 confirmation of receipt; prohibiting more than one
12 review at given time; stating time frame for which
13 certain review must be concluded; authorizing certain
13 extension of time frame; requiring certain notice;
14 requiring certain coordination; requiring certain
14 consultation and meeting; stating time frame for
15 which additional review is prohibited; authorizing
15 promulgation of rules; providing for codification;
16 and providing an effective date.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.5, is
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22 amended to read as follows:
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Req. No. 2739 Page 1
1 Section 150.5. A. 1. Oklahoma State Bureau of Investigation
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2 investigations not covered under Section 150.2 of this title shall
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3 be initiated at the request of the following persons:
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4 a. the Governor,
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5 b. the Attorney General,
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6 c. the Council on Judicial Complaints upon a vote by a
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7 majority of the Council,
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8 d. the chair of any Legislative Investigating Committee
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9 which has been granted subpoena powers by resolution,
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10 upon authorization by a vote of the majority of the
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11 Committee,
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12 e. the Director of the Department of Human Services, or
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13 designee, as authorized by Section 1-2-105 of Title
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14 10A of the Oklahoma Statutes, or
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15 f. a district court judge as authorized by Section 1-2-
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16 103 of Title 10A of the Oklahoma Statutes, or
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17 g. a designated person pursuant to the provisions of
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18 Section 2 of this act.
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19 2. Requests for investigations shall be submitted in writing
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20 and shall contain specific allegations of wrongdoing under the laws
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21 of the State of Oklahoma this state.
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22 B. The Governor may initiate special background investigations
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23 with the written consent of the person who is the subject of the
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24 investigation.
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Req. No. 2739 Page 2
1 C. The chair of any Senate committee which is fulfilling the
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2 statutory responsibility for approving nominations made by the
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3 Governor may, upon a vote by a majority of the committee and with
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4 the written consent of the person who is to be the subject of the
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5 investigation, initiate a special background investigation of any
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6 nominee for the Oklahoma Horse Racing Commission as established by
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7 Section 201 of Title 3A of the Oklahoma Statutes or any nominee for
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8 the Board of Trustees of the Oklahoma Lottery Commission as
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9 established by Section 704 705 of Title 3A of the Oklahoma Statutes.
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10 The Bureau shall submit a report to the committee within thirty (30)
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11 days of the receipt of the request. Any consideration by the
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12 committee of a report from the Bureau shall be for the exclusive use
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13 of the committee and shall be considered only in executive session.
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14 D. 1. All records relating to any investigation being
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15 conducted by the Bureau, including any records of laboratory
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16 services provided to law enforcement agencies pursuant to paragraph
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17 1 of Section 150.2 of this title, shall be confidential and shall
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18 not be open to the public or to the Commission except as provided in
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19 Section 150.4 of this title; provided, however, officers and agents
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20 of the Bureau may disclose, at the discretion of the Director, such
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21 investigative information to:
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22 a. officers and agents of federal, state, county, or
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23 municipal law enforcement agencies and to district
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Req. No. 2739 Page 3
1 attorneys, in the furtherance of criminal
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2 investigations within their respective jurisdictions,
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3 b. employees of the Department of Human Services in the
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4 furtherance of child abuse investigations, and
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5 c. appropriate accreditation bodies for the purposes of
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6 the Bureau's obtaining or maintaining accreditation.
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7 2. Any unauthorized disclosure of any information contained in
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8 the confidential files of the Bureau shall be a misdemeanor. The
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9 person or entity authorized to initiate investigations in this
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10 section, and the Attorney General in the case of investigations
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11 initiated by the Insurance Commissioner, shall receive a report of
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12 the results of the requested investigation. The person or entity
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13 requesting the investigation may give that information only to the
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14 appropriate prosecutorial officer or agency having statutory
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15 authority in the matter if that action appears proper from the
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16 information contained in the report, and shall not reveal or give
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17 such information to any other person or agency. Violation hereof
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18 shall be deemed willful neglect of duty and shall be grounds for
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19 removal from office.
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20 E. It shall not be a violation of this section to reveal
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21 otherwise confidential information to outside agencies or
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22 individuals who are providing interpreter services, questioned
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23 document analysis, laboratory services, or other specialized
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24 services that are necessary in the assistance of Bureau
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Req. No. 2739 Page 4
1 investigations. Individuals or agencies receiving the confidential
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2 and investigative information or records or results of laboratory
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3 services provided to the Bureau by those agencies or individuals,
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4 shall be subject to the confidentiality provisions and requirements
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5 established in subsection D of this section.
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6 F. It shall not be a violation of this section to reveal for
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7 training or educational purposes otherwise confidential information
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8 from records relating to any investigation previously conducted by
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9 the Bureau, including any records of laboratory services provided to
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10 law enforcement agencies pursuant to paragraph 1 of Section 150.2 of
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11 this title, so long as ten (10) or more years have passed since the
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12 production of the information or record.
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13 G. It shall not be a violation of this section to reveal
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14 otherwise confidential information from records relating to any
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15 investigation being conducted by the Bureau, including any records
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16 of laboratory services provided to law enforcement agencies pursuant
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17 to paragraph 1 of Section 150.2 of this title or to the public,
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18 provided, release of the confidential information has been
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19 authorized by the Director of the Bureau for the purposes of
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20 developing or obtaining further information reasonably necessary to
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21 for the successful conclusion of a criminal investigation being
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22 conducted by the Bureau or authorized by the Director of the Bureau
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23 for the purpose of advising crime victims or family representatives
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24 of homicide victims regarding the status of a pending investigation.
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Req. No. 2739 Page 5
1 H. The State Treasurer shall initiate a complete background
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2 investigation of the positions with the written consent of the
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3 persons who are the subject of the investigation pursuant to
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4 subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes.
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5 The Bureau shall advise the State Treasurer and the Cash Management
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6 and Investment Oversight Commission in writing of the results of the
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7 investigation.
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8 SECTION 2. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 150.5b of Title 74, unless there
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10 is created a duplication in numbering, reads as follows:
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11 A. For the purposes of this section:
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12 1. "Case file review" means a review of all information,
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13 evidence, records, testimonies, and other pertinent information
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14 regarding a cold case;
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15 2. "Cold case" means a case of violent crime, as provided for
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16 in Section 571 of Title 57 of the Oklahoma Statutes, for which all
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17 probative investigative leads have been exhausted and for which no
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18 likely perpetrator has been identified;
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19 3. "Designated person" means an immediate family member or
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20 similar individual as determined by the Oklahoma State Bureau of
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21 Investigation;
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22 4. "Immediate family member" means the spouse, a child by birth
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23 or adoption, a stepchild, a parent by birth or adoption, a
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1 stepparent, a grandparent, a grandchild, a sibling, or a stepsibling
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2 of a victim;
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3 5. "Law enforcement agency" means any department or agency of
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4 the state, a county, a municipality, or a political subdivision
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5 thereof, with the duties to maintain public order, make arrests, and
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6 enforce the criminal laws of this state or municipal ordinances and
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7 that employs personnel certified by the Council on Law Enforcement
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8 Education and Training; and
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9 6. "Victim" means the victim of a violent crime.
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10 B. 1. A law enforcement agency shall review the case file
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11 regarding a cold case upon written application by a designated
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12 person to determine if a reinvestigation would result in probative
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13 investigative leads.
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14 2. The case file review shall include, but not be limited to:
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15 a. an analysis of what investigative steps or follow-up
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16 steps may have been missed in the initial
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17 investigation,
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18 b. an assessment of whether witnesses should be
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19 interviewed or reinterviewed,
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20 c. an examination of physical evidence to determine if
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21 all appropriate forensic testing and analyses were
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22 performed in the first instance or if additional
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23 testing might produce information relevant to the
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24 investigation, and
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Req. No. 2739 Page 7
1 d. a modernization of the file to raise it to current
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2 investigative standards to the extent that it would
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3 develop probative leads.
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4 3. The person or persons employed by a law enforcement agency
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5 and performing the case file review shall not have previously
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6 investigated the cold case being reviewed.
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7 4. The law enforcement agency shall confirm receipt of the
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8 request for a case file review in writing within thirty (30) days of
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9 receipt of the application pursuant to paragraph 1 of this
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10 subsection.
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11 5. Only one case file review shall be undertaken at a time with
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12 respect to the same victim.
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13 6. a. The law enforcement agency reviewing a cold case
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14 shall, within six (6) months of receiving an
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15 application for a case file review, reach a conclusion
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16 about whether a reinvestigation is warranted pursuant
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17 to paragraph 1 of this subsection.
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18 b. The law enforcement agency shall be authorized to
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19 extend the time requirement pursuant to subparagraph a
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20 of this paragraph for a period of up to six (6) months
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21 at a time if the law enforcement agency determines
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22 that the number of case files to be reviewed would
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23 make it impracticable to comply with the provisions of
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24 this subsection. The law enforcement agency shall
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Req. No. 2739 Page 8
1 provide written notice and an explanation of the
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2 reasoning for extending the time frame for conclusion
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3 of a case file review to the designated person who
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4 made the written application pursuant to paragraph 1
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5 of this subsection.
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6 C. If there is more than one law enforcement agency that would
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7 be subject to reviewing the same cold case, the law enforcement
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8 agencies shall jointly coordinate the case file review.
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9 D. 1. The law enforcement agency shall consult with the
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10 designated person who filed a written application pursuant to
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11 paragraph 1 of subsection B of this section and provide the
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12 designated person with periodic updates during the case file review.
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13 2. The law enforcement agency shall meet with the designated
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14 person and discuss the findings to explain the decision whether to
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15 engage in a reinvestigation.
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16 E. 1. If a case file review is completed and the law
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17 enforcement agency concludes that a reinvestigation is not
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18 warranted, no additional review shall be taken for the same cold
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19 case for at least five (5) years, unless new evidence that is
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20 materially significant is discovered.
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21 2. If a reinvestigation is completed and a suspect is not
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22 identified, no additional case file review or reinvestigation shall
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23 be undertaken for the same cold case for at least five (5) years,
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24 unless new evidence that is materially significant is discovered.
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Req. No. 2739 Page 9
1 F. The Oklahoma State Bureau of Investigation shall promulgate
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2 rules to effectuate the provisions of this section.
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3 SECTION 3. This act shall become effective November 1, 2026.
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5 60-2-2739 CN 1/13/2026 6:14:16 PM
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Req. No. 2739 Page 10Every fact on this page links to its source, starting with the official bill record.