Oklahoma § 74-150.21 - Legal division established - Duties - Restrictions

§ 74-150.21. Legal division established - Duties - Restrictions

A. The Oklahoma State Bureau of Investigation shall establish

or provide for a legal division and the Director may employ

attorneys as needed, which attorneys, in addition to advising the

Director, the Commission and employees of the Bureau on legal

matters, may appear for and represent the Director, the Commission

and employees of the Bureau in administrative hearings and other

legal actions and proceedings. No attorney of the Bureau shall

enter an appearance in a criminal action nor engage in private

practice of the law while in the employment of the Oklahoma State

Bureau of Investigation, except for the purpose of representing the

agency in motions to quash subpoenas, other discovery matters,

expungement applications, evidentiary hearings, forfeiture

proceedings or when requested to do so by another prosecuting

authority.

B. It shall continue to be the duty of the Attorney General to

give official opinions to and to prosecute and defend actions for

the Director, Commission and employees of the Bureau, if requested

to do so.

Added by Laws 1982, c. 64, § 1, emerg. eff. March 30, 1982. Amended

by Laws 1998, c. 388, § 2, eff. July 1, 1998; Laws 2002, c. 42, § 3,

eff. Nov. 1, 2002; Laws 2021, c. 469, § 3, eff. Nov. 1, 2021.

§74-150.21a. Crimes information unit.

A. The Director of the Oklahoma State Bureau of Investigation

may establish a crimes information unit within the Bureau.

B. With authorization from the Director of the Bureau, the

crimes information unit or any employee of the Bureau may:

1. Investigate organized crime, criminal conspiracies, and

threats of violent crime;

Oklahoma Statutes - Title 74. State Government

2. Collect information concerning the activity and identity of

individuals reasonably believed to be engaged in organized crime,

criminal conspiracies, or threatening violent crime;

3. Analyze collected information and disseminate such

information to other law enforcement agencies for the purposes of

criminal investigation and crime prevention;

4. Coordinate the effort of this state with local, state and

federal agencies to protect its citizens against organized crime,

criminal conspiracies and threats of violent crime by creating a

clearinghouse of crime-related information for use by local, state

and federal law enforcement agencies; and

5. Provide training to peace officers of this state concerning

the legal collection, preservation and dissemination of crimerelated information.

C. Release of information compiled pursuant to this section

shall be prohibited except for release of information to law

enforcement officers and prosecutorial authorities for the purpose

of criminal investigation, criminal prosecution, and crime

prevention. Unauthorized release or unauthorized use of this

information shall be a misdemeanor and shall be punishable by

incarceration in the county jail not exceeding one (1) year or a

fine not exceeding Fifty Thousand Dollars ($50,000.00), or by both

such fine and imprisonment. As used in this section, "unauthorized

release" or "unauthorized use" shall include, but not be limited to,

giving the information to any person who is not a law enforcement

officer unless necessitated by an ongoing criminal investigation, or

release of information to a law enforcement officer who is not

engaged in a criminal investigation requiring the information or who

is not authorized by his or her agency to receive such information,

or release of information in violation of any rules promulgated by

the Bureau. Information collected and compiled under the authority

of this section shall be privileged and not discoverable nor subject

to subpoena or order for production issued by any court, other than

production in a district court criminal proceeding for the

prosecution of crimes which are the subject of the information

sought. The Director of OSBI shall make a quarterly report to the

OSBI Commission of all information collected and compiled under the

authority of this section.

Added by Laws 1996, c. 154, § 1, eff. Nov. 1, 1996.

§74-150.21b. OSBI reports concerning use of deadly force.

Notwithstanding any other provisions of law, when the

Commissioner of Public Safety has requested the Oklahoma State

Bureau of Investigation to conduct a criminal investigation of any

incident involving the use of deadly force by a commissioned officer

of the Department of Public Safety while in the official performance

of such officer’s duties, the Commissioner may use the report and

Oklahoma Statutes - Title 74. State Government

the investigative information and materials in the furtherance of

administrative matters within the Department, including, but not

limited to, taking personnel actions and conducting internal

investigations. Under no circumstances shall an OSBI report of its

investigation of any incident involving the use of deadly force by a

commissioned officer of any law enforcement agency other than the

Department of Public Safety be provided to the employing agency for

the purpose of or be used by that agency for the purpose of

administrative matters or any purpose other than criminal

prosecution.

Added by Laws 1999, c. 230, § 4, emerg. eff. May 26, 1999. Amended

by Laws 2004, c. 130, § 10, emerg. eff. April 20, 2004.