STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 916	By:	Marlatt

AS INTRODUCED

An Act relating to security guards; amending 21 O.S. 2001, Section 1289.23, as amended by Section 21, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1289.23), which relates to off-duty peace officers; deleting certain reference; amending 59 O.S. 2011, Section 1750.2, which relates to definitions; allowing certain reserve officers to be exempt from private security guard licensing; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1289.23, as amended by Section 21, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1289.23), is amended to read as follows:
Section 1289.23.
CONCEALED FIREARM FOR OFF-DUTY POLICE OFFICER
A.  A full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET), pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes, is hereby authorized to carry a weapon certified and approved by the employing agency during periods when the officer is not on active duty as provided by the provisions of subsection B of this section.
B.  When an off-duty officer carries a certified weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:
1.  To have the official peace officers badge, Commission Card and CLEET Certification Card on his or her person at all times when carrying a weapon certified and approved by the employing agency; and
2.  To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.
C.  Nothing in this section shall be construed to alter or amend the provisions of Section 1272.1 of this title or expand the duties, authority or jurisdiction of any peace officer.
D.  A reserve peace officer who has satisfactorily completed a basic police course of not less than one hundred twenty (120) hours of accredited instruction for reserve police officers and reserve deputies from the Council on Law Enforcement Education and Training or a course of study approved by CLEET may carry a certified weapon when such officer is off duty as provided by subsection E of this section, provided:
1.  The officer has been granted written authorization signed by the director of the employing agency; and
2.  The employing agency shall maintain a current list of any officers authorized to carry a certified weapon while said officers are off duty, and shall provide a copy of such list to the Council on Law Enforcement Education and Training.  Any change to the list shall be made in writing and mailed to the Council on Law Enforcement Education and Training within five (5) days.
E.  When an off-duty reserve peace officer carries a certified weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:
1.  To have his or her official peace officer's badge, Commission Card, CLEET Certification Card and written authorization on his or her person at all times when carrying a weapon certified and approved by the employing agency; and
2.  To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.
F.  Nothing in subsection D of this section shall be construed to alter or, amend the provisions of Section 1750.2 of Title 59 of the Oklahoma Statutes or expand the duties, jurisdiction or authority of any reserve peace officer.
G.  Nothing in this section shall be construed to limit or restrict any peace officer or reserve peace officer from carrying a handgun, concealed or unconcealed, as allowed by the Oklahoma Self-Defense Act after issuance of a valid license.  When an off-duty officer elects to carry a handgun under the authority of the Oklahoma Self-Defense Act, the person shall comply with all provisions of such act and shall not be representing the employing agency.
H.  Any off-duty peace officer who carries any weapon in violation of the provisions of this section shall be deemed to be in violation of Section 1272 of this title and may be prosecuted as provided by law for a violation of that section.
I.  On or after November 1, 2004, a reserve or full-time commissioned peace officer may apply to carry a weapon pursuant to the Oklahoma Self-Defense Act as follows:
1.  The officer shall apply in writing to the Council on Law Enforcement Education and Training (CLEET) stating that the officer desires to have a handgun license pursuant to the Oklahoma Self-Defense Act and certifying that he or she has no preclusions to having such handgun license.  The officer shall submit with the application:
a.	an official letter from his or her employing agency confirming the officer's employment and status as a full-time commissioned peace officer or an active reserve peace officer,
b.	a fee of Twenty-five Dollars ($25.00) for the handgun license, and
c.	two passport-size photographs of the peace officer applicant.
2.  Upon receiving the required information, CLEET shall determine whether the peace officer is in good standing, has CLEET certification and training, and is otherwise eligible for a handgun license.  Upon verification of the officer's eligibility, CLEET shall send the information to the Oklahoma State Bureau of Investigation (OSBI) and OSBI shall issue a handgun license in the same or similar form as other handgun licenses.  All other requirements in Section 1290.12 of this title concerning application for a handgun license shall be waived for active duty peace officers except as provided in this subsection, including but not limited to training, fingerprints and criminal history records checks unless the officer does not have fingerprints on file or a criminal history records background check conducted prior to employment as a peace officer.  The OSBI shall not be required to conduct any further investigation into the eligibility of the peace officer applicant and shall not deny a handgun license except when preclusions are found to exist.
3.  The term of the handgun license for an active duty reserve or full-time commissioned peace officer pursuant to this section shall be as provided in Section 1290.5 of this title, renewable in the same manner provided in this subsection for an original application by a peace officer.  The handgun license shall be valid when the peace officer is in possession of a valid driver license and law enforcement commission card.
4.  If the commission card of a law enforcement officer is terminated, revoked or suspended, the handgun license shall be immediately returned to CLEET.  When a peace officer in possession of a handgun license pursuant to this subsection changes employment, the person must notify CLEET within ninety (90) days and send a new letter verifying employment and status as a full-time commissioned or reserve peace officer.
5.  There shall be no refund of any fee for any unexpired term of any handgun license that is suspended, revoked, or voluntarily returned to CLEET, or that is denied, suspended or revoked by the OSBI.
6.  CLEET may promulgate any rules, forms or procedures necessary to implement the provisions of this section.
7.  Nothing in this subsection shall be construed to change or amend the application process, eligibility, effective date or fees of any handgun license pending issuance on November 1, 2004, or previously issued to any peace officer prior to November 1, 2004.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 1750.2, is amended to read as follows:
Section 1750.2.  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 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 certified peace officer of the United States, this state, or any political subdivision of either or a duly appointed and CLEET-certified reserve officer of this state,
(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 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 employer-employee 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.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-156	NP	1/17/2013 4:56:19 PM