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An Act
ENROLLED SENATE
BILL NO. 1496 By: Gollihare of the Senate
and
Bashore of the House
An Act relating to the Oklahoma State Bureau of
Investigation; amending 74 O.S. 2021, Sections 150.5,
150.7, and 150.11, which relate to investigations,
powers and duties of the Director of the Oklahoma
State Bureau of Investigation, and evidentiary
property; clarifying confidentiality provisions;
stating certain records not subject to subpoena or
subpoena duces tecum; authorizing disclosure of
certain statistical data; authorizing Director to
enter into certain agreements; authorizing Director
to digitally store and dispose of certain records;
authorizing Director to accept certain monies to be
deposited in certain fund; authorizing certain
evidence disposal; requiring certain affidavit;
clarifying property sale provisions; permitting
refusal to sell property under certain circumstance;
updating statutory language and references; and
providing an effective date.
SUBJECT: Oklahoma State Bureau of Investigation
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 150.5, is
amended to read as follows:
Section 150.5. 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:
ENR. S. B. NO. 1496 Page 2
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
legislative investigating committee which has been
granted subpoena powers by resolution, upon
authorization by a vote of the majority of the
Committee 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 1-2-
103 of Title 10A of the Oklahoma Statutes.
2. Requests for investigations shall be submitted in writing
and shall contain specific allegations of wrongdoing under the laws
of the State of Oklahoma this state.
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 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
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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 subsection A of Section 150.2 of this title, shall be
confidential and privileged and shall not be open to the public or
to the Oklahoma State Bureau of Investigation 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 of the Oklahoma State Bureau of Investigation, such
investigative information to:
a. officers and agents of federal, state, county, tribal,
or municipal law enforcement agencies and to district
attorneys, in the furtherance of criminal
investigations prosecutorial entities for the purpose
of criminal investigations and prosecutions 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, not otherwise prepared for the
purpose of statistical data as referenced in this section, 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 shall be deemed willful neglect of duty and shall
be grounds for removal from office.
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3. Investigative records of the Bureau shall not be subject to
a subpoena or subpoena duces tecum in any private civil action
unless, after reasonable notice to the Bureau, or any authorized
governmental agency that has an interest in the information, after a
hearing, wherein the party issuing the subpoena demonstrates and a
court finds that the need for the record or records sought
substantially outweighs the presumption of the confidentiality of
such record or records and, further, upon making such a finding, a
court has determined that disclosure of the record or records would
not jeopardize any investigation by the Bureau or authorized
governmental agency that has an interest in the information. In the
event the court orders the dissemination of any record or part of a
record, the court shall enter a protective order consistent
herewith.
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 to or that may provide assistance
of in 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 subsection A 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 or such
information or record relates to an investigation that is closed by
way of conviction or plea of guilty or nolo contendere.
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 subsection A of Section 150.2 of this title or to
the public, provided, release of the confidential information has
ENR. S. B. NO. 1496 Page 5
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
or to provide a summary of a closed investigation when necessary.
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 Invest in Oklahoma Board in
writing of the results of the investigation.
I. The Bureau may report statistical data that does not include
personal information to law enforcement and the public. As
authorized by the Director, the Bureau may also enter into
agreements with federal, state, county, tribal, or municipal law
enforcement agencies for the dissemination of otherwise confidential
information from investigations or laboratory services conducted by
the Bureau where the purpose of the information disseminated is in
furtherance of criminal investigations and crime prevention.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.7, is
amended to read as follows:
Section 150.7. The Director of the Oklahoma State Bureau of
Investigation shall have the following powers, duties, and
responsibilities:
1. To appoint or dismiss a Deputy Director to assist in the
administration of the Bureau;
2. To supervise the maintaining of all reports and records of
the Bureau and to promulgate administrative rules concerning the
destruction and retention of such records. Such records shall not
be transferred to the custody or control of the Archives and Records
Commission or be subject to the provisions of Section 590 of Title
21 of the Oklahoma Statutes or the Records Management Act. The
Director may, pursuant to adopted and promulgated administrative
ENR. S. B. NO. 1496 Page 6
rule, order destruction of records deemed to be no longer of value
to the Bureau, excluding criminalistic and investigative records
which shall forever be kept and maintained. The Director may cause
any or all original papers or records kept by the Bureau to be
digitally scanned or imaged and stored on a computer or digital
storage medium in lieu of retention of the original records or
papers. However, the digitally stored records or papers shall be an
accurate and complete reproduction of the original papers or records
and stored in a conveniently accessible manner. Following the
scanning, imaging, and digital storage of the original records or
papers, the Director may authorize the disposal, archival storage,
or destruction of the original records or papers;
3. To report to the Commission at each regular meeting, or as
directed by the Commission, the current workload of the Bureau.
Such reports shall be submitted by category of the persons or
entities authorized to initiate investigations as provided for in
subsection A of Section 150.5 of this title, and any other category
the Commission may request which does not violate the
confidentiality restrictions imposed in Sections 150.1 through 152.9
152.12 of this title. Such reports shall contain the following
information:
a. what the types of investigations that are pending,
b. what the new types of investigations that have been
opened,
c. what the types of investigations that have been
closed, and
d. what the criminal charges that have been filed as a
result of Bureau investigations.
The reports shall not contain any information on the individual
subjects of the investigation or persons questioned in connection
with an investigation. These reports shall be open for public
inspection;
4. To designate positions, appoint employees, and fix salaries
of the Bureau, other than the salaries established by subsection A
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of Section 150.6a of this title, and to authorize the payment of
necessary certification expenses for the employees;
5. To authorize the purchase and issuance of uniforms for all
law enforcement officers, criminalists, and other personnel of the
Bureau as designated by the Director and to purchase and issue
necessary equipment for all employees of the Bureau. All uniforms
and equipment shall be used only in the performance of the official
duties of the officers, criminalists, or other personnel and shall
remain the property of the Bureau except as otherwise provided by
law;
6. To accept gifts, bequests, devises, contributions, and
grants, whether public or private, including funds from federal and
state agencies, or funds from any other source for use in furthering
the operations of the Bureau. All monies received by the Director
pursuant to this subsection shall be deposited to the credit of the
OSBI Revolving Fund;
7. To enter into local cooperative agreements with local law
enforcement agencies for the purpose of appointing affiliate task
force agents to assist the Bureau in the investigation of major
crimes under the jurisdiction of the Bureau. Affiliate task force
agents shall be employees and commissioned law enforcement officers
of the local law enforcement agency entering into agreement with the
Bureau and shall not be employees of the Bureau. Affiliate task
force agents shall have general peace officer powers and the
authority to arrest persons throughout the state while serving as an
affiliate task force agent. Affiliate task force agents serve
solely at the discretion and will of the Director. The Director may
renew, suspend, or revoke any agreement appointing an affiliate task
force agent at any time; and
7. 8. To enter into interagency transfers with the Oklahoma
Highway Patrol, the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, and the Oklahoma Alcoholic Beverages Beverage Laws
Enforcement Commission as provided for in Section 1 of this act
Section 11000 of this title.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 150.11, is
amended to read as follows:
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Section 150.11. A. All Except as provided for in Section
1024.4 of Title 21 of the Oklahoma Statutes, all property which
comes into the possession of the Oklahoma State Bureau of
Investigation (OSBI), whether the same is stolen, embezzled, or
otherwise, which the Bureau has held for at least one (1) year
unless said the property is perishable, may be disposed of by order
of an Oklahoma County district court if the owner or owners of said
the property are unknown or have not claimed the same. The Director
of the Oklahoma State Bureau of Investigation shall then be
authorized to sell, deposit, donate, destroy, or otherwise dispose
of such property or any part thereof which is no longer needed to be
held as evidence or otherwise used in connection with any
litigation.
B. 1. If cash or other legal tender is the subject of the
action, the Director shall file a petition in the district court of
Oklahoma County requesting authority to forfeit and deposit the
funds. The petition shall include the following information:
a. description of the property,
b. approximate date that the property came into
possession of the Director, and
c. the names of the owner or owners, if known.
2. Upon the filing of the petition, notice of at least ten (10)
days shall be given to each known owner by the Director of the OSBI
by mailing a copy of the petition and notice of hearing to the last-
known address of each owner by certified mail.
3. Notice of the hearing shall also be posted at the Oklahoma
County courthouse at the regular place assigned for the posting of
legal notices and in the public lobby at OSBI headquarters.
4. If no owner appears and establishes ownership to the cash or
legal tender, the court shall enter an order authorizing the
forfeiture of the funds to the OSBI. All monies forfeited shall be
deposited into the OSBI Revolving Fund.
C. 1. For disposition of all other seized property, the
Director shall file a petition in the district court of Oklahoma
ENR. S. B. NO. 1496 Page 9
County requesting authority to conduct a sale of, or otherwise
dispose of, the property as provided herein. The petition shall
include the following information:
a. description of the property,
b. approximate date that the property came into the
possession of the Director, and
c. the names of the owner or owners, if known.
2. Upon the filing of the petition, notice of at least ten (10)
days shall be given to each known owner by the Director of the OSBI
by mailing a copy of the petition and notice of hearing by certified
mail to the last-known address of each owner. An affidavit of
notice being sent shall be filed with the court by a representative
of the OSBI.
3. Notice of the hearing shall also be posted at the Oklahoma
County courthouse at the regular place assigned for the posting of
legal notices and in the public lobby at OSBI headquarters.
4. If no owner appears and establishes ownership to the
property, the court shall may enter an order authorizing the
Director to sell the property at public auction or Internet auction,
which may include online bidding, to the highest bidder after notice
of at least five (5) days of the auction has been given by
publication in one issue of a legal newspaper of record in Oklahoma
County. If the property is offered for sale at public auction,
including an Internet auction, and no bid is received that exceeds
fifty percent (50%) of the fair-market value of the property, such
value to be announced prior to the sale, the Director may refuse to
sell the item pursuant to any bid received.
5. The In the event of the sale of the property, the Director
shall make a return of sale, and when confirmed by the court, the
order confirming the sale shall vest title of the property to the
purchaser. The money received from the sale shall be deposited in
the OSBI Revolving Fund.
SECTION 4. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1496 Page 10
Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________