Oklahoma § 59-1750.2 - Definitions

§ 59-1750.2. Definitions

As used in the Oklahoma Security Guard and Private Investigator

Act:

1. "Client" means any person or legal entity having a contract

with a person or entity licensed pursuant to the Oklahoma Security

Guard and Private Investigator Act, which contract authorizes

services to be performed in return for financial or other

considerations;

2. "Council" means the Council on Law Enforcement Education and

Training;

3. "License" means authorization issued by the Council pursuant

to the Oklahoma Security Guard and Private Investigator Act

permitting the holder to perform the functions of a security guard,

armed security guard, private investigator, investigative agency, or

security agency;

4. "Private investigator" means a person who is self-employed,

or contracts with, or is employed by an investigative agency for the

Oklahoma Statutes - Title 59. Professions and Occupations

purpose of conducting a private investigation and reporting the

results to the employer or client of the employer relating to:

a.

potential or pending litigation, civil or criminal,

b.

divorce or other domestic investigations,

c.

missing persons or missing property, or

d.

other lawful investigations, but shall not include:

(1) a person authorized or employed by the United

States government, any state government, or any

agency, department, or political subdivision

thereof while engaged in the performance of

official duties,

(2) a person or employee of a firm, corporation or

other legal entity engaged exclusively in a

profession licensed by any board, commission,

department or court of this state, or

(3) a bona fide, salaried, full-time employee of a

firm, corporation or other legal entity not in

the primary business of soliciting and providing

private investigations, who conducts

investigations that are exclusive to and

incidental to the primary business of said firm,

corporation or entity, and when the costs of such

investigations are not charged directly back to

the particular client or customer who directly

benefits from the investigation;

5. "Armed private investigator" means a private investigator

authorized to carry a firearm;

6. "Security agency" means a person, firm, corporation, or

other private legal entity in the business of security guard

services or armed security guards for hire;

7. "Security guard" means an individual contracting with or

employed by a security agency, private business or person to prevent

trespass, theft, misappropriation, wrongful concealment of

merchandise, goods, money or other tangible items, or engaged as a

bodyguard or as a private watchman to protect persons or property,

but shall not include:

a.

for individuals operating unarmed, any person employed

as a private watchman or security guard by one

employer only in connection with the affairs of such

employer where there exists an employer-employee

relationship,

b.

a full-time or active reserve certified peace officer

of the United States, this state, or any political

subdivision of either:

(1) while such peace officer is engaged in the

performance of his or her official duties within

the course and scope of his or her employment

Oklahoma Statutes - Title 59. Professions and Occupations

with the United States, this state, or any

political subdivision of either,

(2) while such peace officer is engaged in the

performance of his or her duties as a railroad

police officer,

(3) who receives compensation for private employment

on an individual or an individual independent

contractual basis as a patrolman, guard, or

watchman if such person is employed in an

employer-employee relationship or is employed on

an individual contractual basis, or

(4) who receives compensation from an employeremployee relationship or an individual

independent contractor basis with any licensed

security agency as defined in this section or any

private business or person to perform security or

investigative services,

c.

any person whose terms of employment as a security

guard are governed by a collective bargaining

agreement on May 9, 1989, and

d.

any person who is employed as a full-time security

guard by a financial institution on May 9, 1989;

8. "Armed security guard" means a security guard authorized to

carry a firearm;

9. "Investigative agency" means a self-employed private

investigator, a firm, a corporation, or other private legal entity

in the business of soliciting the business of private investigation

and/or providing private investigations and investigators;

10. "Special event" means a public activity in the form of an

athletic contest, charity event, exposition or similar event that

occurs only on an annual or noncontinuing basis; and

11. "Special event license" means a temporary license issued

pursuant to the Oklahoma Security Guard and Private Investigator Act

which restricts the license holder to employment as a security guard

only for the duration of a particular event.

Added by Laws 1986, c. 224, § 2, operative July 1, 1987. Amended by

Laws 1987, c. 193, § 1, eff. July 1, 1987; Laws 1988, c. 200, § 1,

eff. July 1, 1988; Laws 1989, c. 225, § 1, emerg. eff. May 9, 1989;

Laws 1998, c. 35, § 1, eff. Nov. 1, 1998; Laws 1999, c. 68, § 4,

eff. Nov. 1, 1999; Laws 2005, c. 155, § 1, eff. Nov. 1, 2005; Laws

2007, c. 360, § 1, eff. Nov. 1, 2007; Laws 2021, c. 22, § 1, eff.

Nov. 1, 2021.

§59-1750.2A. Noncompliance with act – Injunction and enforcement.

Any person violating or failing to comply with the provisions of

the Oklahoma Security Guard and Private Investigator Act or the Bail

Enforcement and Licensing Act may be enjoined from such violations

Oklahoma Statutes - Title 59. Professions and Occupations

or required to comply with such provisions by any district court of

competent jurisdiction. The Council on Law Enforcement Education

and Training or the Attorney General may apply for an order

enjoining such violation or enforcing compliance with law and rule.

Upon the filing of a verified petition with the court, the court, if

satisfied by the affidavit or otherwise that the person has violated

any provisions of the Oklahoma Security Guard and Private

Investigator Act or the Bail Enforcement and Licensing Act, may

issue a temporary injunction enjoining such continued violation. In

case of violation of any order or decree issued by court, the

offender may be held in contempt of court. Proceedings under this

section shall be in addition to all other remedies and penalties

provided by law.

Added by Laws 1999, c. 68, § 2, eff. Nov. 1, 1999. Amended by Laws

2013, c. 407, § 28, eff. Nov. 1, 2013.