Oklahoma § 74-150.5 - Investigations - Persons to initiate request

§ 74-150.5. Investigations - Persons to initiate request

A. 1. Oklahoma State Bureau of Investigation investigations

not covered under Section 150.2 of this title shall be initiated at

the request of the following persons:

a.

the Governor,

b.

the Attorney General,

c.

the Council on Judicial Complaints upon a vote by a

majority of the Council,

d.

the chair of any Legislative Investigating Committee

which has been granted subpoena powers by resolution,

upon authorization by a vote of the majority of the

Committee,

e.

the Director of the Department of Human Services, or

designee, as authorized by Section 1-2-105 of Title

10A of the Oklahoma Statutes, or

f.

a district court judge as authorized by Section 1-2103 of Title 10A of the Oklahoma Statutes.

Oklahoma Statutes - Title 74. State Government

2. Requests for investigations shall be submitted in writing

and shall contain specific allegations of wrongdoing under the laws

of the State of Oklahoma.

B. The Governor may initiate special background investigations

with the written consent of the person who is the subject of the

investigation.

C. The chair of any Senate committee which is fulfilling the

statutory responsibility for approving nominations made by the

Governor may, upon a vote by a majority of the committee and with

the written consent of the person who is to be the subject of the

investigation, initiate a special background investigation of any

nominee for the Oklahoma Horse Racing Commission as established by

Section 201 of Title 3A of the Oklahoma Statutes or any nominee for

the Board of Trustees of the Oklahoma Lottery Commission as

established by Section 704 of Title 3A of the Oklahoma Statutes.

The Bureau shall submit a report to the committee within thirty (30)

days of the receipt of the request. Any consideration by the

committee of a report from the Bureau shall be for the exclusive use

of the committee and shall be considered only in executive session.

D. 1. All records relating to any investigation being

conducted by the Bureau, including any records of laboratory

services provided to law enforcement agencies pursuant to paragraph

1 of Section 150.2 of this title, shall be confidential and shall

not be open to the public or to the Commission except as provided in

Section 150.4 of this title; provided, however, officers and agents

of the Bureau may disclose, at the discretion of the Director, such

investigative information to:

a.

officers and agents of federal, state, county, or

municipal law enforcement agencies and to district

attorneys, in the furtherance of criminal

investigations within their respective jurisdictions,

b.

employees of the Department of Human Services in the

furtherance of child abuse investigations, and

c.

appropriate accreditation bodies for the purposes of

the Bureau's obtaining or maintaining accreditation.

2. Any unauthorized disclosure of any information contained in

the confidential files of the Bureau shall be a misdemeanor. The

person or entity authorized to initiate investigations in this

section, and the Attorney General in the case of investigations

initiated by the Insurance Commissioner, shall receive a report of

the results of the requested investigation. The person or entity

requesting the investigation may give that information only to the

appropriate prosecutorial officer or agency having statutory

authority in the matter if that action appears proper from the

information contained in the report, and shall not reveal or give

such information to any other person or agency. Violation hereof

Oklahoma Statutes - Title 74. State Government

shall be deemed willful neglect of duty and shall be grounds for

removal from office.

E. It shall not be a violation of this section to reveal

otherwise confidential information to outside agencies or

individuals who are providing interpreter services, questioned

document analysis, laboratory services, or other specialized

services that are necessary in the assistance of Bureau

investigations. Individuals or agencies receiving the confidential

and investigative information or records or results of laboratory

services provided to the Bureau by those agencies or individuals,

shall be subject to the confidentiality provisions and requirements

established in subsection D of this section.

F. It shall not be a violation of this section to reveal for

training or educational purposes otherwise confidential information

from records relating to any investigation previously conducted by

the Bureau, including any records of laboratory services provided to

law enforcement agencies pursuant to paragraph 1 of Section 150.2 of

this title, so long as ten (10) or more years have passed since the

production of the information or record.

G. It shall not be a violation of this section to reveal

otherwise confidential information from records relating to any

investigation being conducted by the Bureau, including any records

of laboratory services provided to law enforcement agencies pursuant

to paragraph 1 of Section 150.2 of this title or to the public,

provided, release of the confidential information has been

authorized by the Director of the Bureau for the purposes of

developing or obtaining further information reasonably necessary to

the successful conclusion of a criminal investigation being

conducted by the Bureau or authorized by the Director of the Bureau

for the purpose of advising crime victims or family representatives

of homicide victims regarding the status of a pending investigation.

H. The State Treasurer shall initiate a complete background

investigation of the positions with the written consent of the

persons who are the subject of the investigation pursuant to

subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes.

The Bureau shall advise the State Treasurer and the Cash Management

and Investment Oversight Commission in writing of the results of the

investigation.

Added by Laws 1976, c. 259, § 5, operative July 1, 1976. Amended by

Laws 1983, c. 96, § 1, eff. Oct. 1, 1983; Laws 1989, c. 369, § 145,

operative July 1, 1989; Laws 1994, c. 227, § 5, emerg. eff. May 24,

1994; Laws 1999, c. 344, § 8, emerg. eff. June 8, 1999; Laws 2000,

c. 70, § 1, eff. Nov. 1, 2000; Laws 2002, c. 77, § 1, emerg. eff.

April 15, 2002; Laws 2005, c. 37, § 1, emerg. eff. April 12, 2005;

Laws 2005, c. 278, § 1, eff. Nov. 1, 2005; Laws 2006, c. 205, § 17,

eff. Nov. 1, 2006; Laws 2008, c. 121, § 1, eff. Nov. 1, 2008; Laws

2009, c. 234, § 162, emerg. eff. May 21, 2009; Laws 2010, c. 240, §

Oklahoma Statutes - Title 74. State Government

1, emerg. eff. May 10, 2010; Laws 2011, c. 137, § 1, eff. Nov. 1,

2011.

§74-150.5a. OSBI Director — Subpoena powers.

A. In any investigation relating to investigations performed by

the Oklahoma State Bureau of Investigation (OSBI) related to

Internet Crimes Against Children (ICAC), child abuse or child

exploitation, violations of the Oklahoma Computer Crimes Act,

threats against public officials, suspicious deaths, or violent

crimes, the Director of the OSBI, if recommended and approved by an

agent with the rank of Captain or above and the General Counsel or

Assistant General Counsel of the Bureau, may subpoena witnesses,

compel the attendance and testimony of witnesses, and require the

production of any records, including books, papers, documents, and

other tangible things which constitute or contain evidence, which

the Director or agent finds relevant or material to the

investigation. The attendance of witnesses and the production of

records may be required from any place in the state to a designated

location in the county seat of the county of which the subpoenaed

person is an inhabitant or in which the subpoenaed person carries on

business or may be found. Witnesses summoned pursuant to this

section shall be paid the same fees and mileage that are paid

witnesses in the courts of this state.

B. The witness shall have the option of complying with the

subpoena by:

1. Appearing and/or producing documents, as requested; or

2. Notifying the Bureau, in writing, of refusal to appear or

produce documents within ten (10) days of the date of service.

The subpoena form shall clearly set forth the optional means of

compliance including instructions for sending written notice of

refusal.

C. A subpoena issued pursuant to this section may be served by

any person designated in the subpoena to serve it. Service upon a

natural person may be made by personal delivery of the subpoena to

him or her. Service may be made upon a domestic or foreign

corporation or upon a partnership or other unincorporated

association which is subject to suit under a common name, by

delivering the subpoena to an officer, to a managing or general

agent, or to any other agent authorized by appointment or by law to

receive service of process. The affidavit of the person serving the

subpoena entered on a true copy thereof by the person serving it

shall be proof of service.

D. In the case of contumacy by or refusal to obey a subpoena

issued to any person, the Director may invoke the aid of any

district court of the state within the jurisdiction of which the

investigation is carried on or of which the subpoenaed person is an

inhabitant, or in which he or she carries on business or may be

Oklahoma Statutes - Title 74. State Government

found, to compel compliance with the subpoena. The court may issue

an order requiring the subpoenaed person to appear before the

Director to produce records, if so ordered, or to give testimony

touching the matter under investigation. Any failure to obey the

order of the court may be punished by the court as an indirect

contempt thereof. All process in any such case may be served in any

judicial district in which such person may be found.

E. The district court of the county wherein the subpoena is

served may quash a subpoena issued pursuant to this section, upon a

motion to quash the subpoena filed with the court by the party to

whom the subpoena is issued.

Added by Laws 2023, c. 209, § 1, eff. Nov. 1, 2023.