Oklahoma 2024 Regular Session

Oklahoma House Bill HB2136 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2136 Page 1 1
	3	+	HB2136 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2136 By: McDugle and Steagall of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2136 By: McDugle of the House
31	38
32	39		and
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34	41		Stephens of the Senate
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36	43
	44	+
	45	+	COMMITTEE SUBSTITUTE
37	46
38	47		An Act relating to crimes and punishments; amending
39	48		21 O.S. 2021, Section 1277, which relates to the
40	49		unlawful carry of firearms in certain places;
41	50		providing an exception to certain prohibited act ;
42	51		authorizing municipalities to allow employees or
43	52		public officials to carry firearms under certain
44	53		circumstances; providing restrictions; defin ing term;
45	54		providing construing provision; providing for the
46	55		public display of firearms subject to policies; and
47	56		providing an effective date .
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52	61		BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
53	62		SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
54	63		amended to read as follows:
55	64		Section 1277.
56	65		UNLAWFUL CARRY IN CERTAIN PLACES
57	66		A. It shall be unlawful for any person, including a person in
58	67		possession of a valid handgun license issued pursuant to the
59		-	provisions of the Oklahoma S elf-Defense Act, to carry any concealed
60		-	or unconcealed firearm into any of the following places:
61		-	1. Any structure, building, or office space which is owned or
62		-	leased by a city, town, county, or state or federal governmental
63		-	authority for the purpose of conducting business with the public.
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65		-	ENGR. H. B. NO. 2136 Page 2 1
	69	+	HB2136 HFLR Page 2
	70	+	BOLD FACE denotes Committee Amendments. 1
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	95	+	provisions of the Oklahoma S elf-Defense Act, to carry any concealed
	96	+	or unconcealed firearm into any of the following places:
	97	+	1. Any structure, building, or office space which is owned or
	98	+	leased by a city, town, county, or state or federal governmental
	99	+	authority for the purpose of conducting business with the public.
90	100		Notwithstanding the provisions of this subsection, the governing
91	101		body of a city or town may authorize the concealed carry of handguns
92	102		into any structure, building or office space, except those places
93	103		listed in paragraph 2 of this subsection, which is owned or leased
94	104		by a city or town;
95	105		2. Any courthouse, courtroom, prison, jail, detention facility
96	106		or any facility used to process, hold or hou se arrested persons,
97	107		prisoners or persons alleged delinquent or adjudicated delinquent,
98	108		except as provided in Section 21 o f Title 57 of the Oklahoma
99	109		Statutes;
100	110		3. Any public or private elementary or public or private
101	111		secondary school, except as provided in subsections C and D of this
102	112		section;
103	113		4. Any publicly owned or operated sports arena or venue during
104	114		a professional sport ing event, unless allowed by the event holder;
105	115		5. Any place where gambling is authorized by law, unless
106	116		allowed by the property owner ;
107	117		6. Any other place specifically prohibited by law ; and
108		-	7. Any property set aside by a county, city, town, public trus t
109		-	with a county, city or town as a beneficiary, or state governmental
110		-	authority for an event that is secured with minimum -security
111		-	provisions. For purposes of this paragraph, a minimum -security
112		-	provision consists of a location that is secured utilizing th e
113		-	following:
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115		-	ENGR. H. B. NO. 2136 Page 3 1
	119	+	HB2136 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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	145	+	7. Any property set aside by a county, city, town, public trus t
	146	+	with a county, city or town as a beneficiary, or state governmental
	147	+	authority for an event that is secured with minimum -security
	148	+	provisions. For purposes of this paragraph, a minimum -security
	149	+	provision consists of a location that is secured utilizing th e
	150	+	following:
140	151		a. a metallic-style security fence that is at least eight
141	152		(8) feet in height that encompasses the property and
142	153		is secured in such a way as to deter unauthorized
143	154		entry,
144	155		b. controlled access points staffed by a uniformed,
145	156		commissioned peace offi cer, and
146	157		c. a metal detector whereby persons wal k or otherwise
147	158		travel with their property through or by the metal
148	159		detector.
149	160		B. It shall be lawful for a person to carry a concealed or
150	161		unconcealed firearm on the following properties:
151	162		1. Any property set aside for the use or parking of any
152	163		vehicle, whether attended or unattended, by a city, town, county , or
153	164		state or federal governmental authority;
154	165		2. Any property set aside for the use or parking of an y
155	166		vehicle, whether attended or unattended, which is open to the
156	167		public, or by any entity engaged in gambl ing authorized by la w;
157		-	3. Any property adjacent to a structure, building or office
158		-	space in which concealed or unconcealed weapons are prohibited by
159		-	the provisions of this section;
160		-	4. Any property designated b y a city, town, county or state
161		-	governmental authority as a park, recreational area, wildlife
162		-	refuge, wildlife management area or fa irgrounds; provided, nothing
163		-	in this paragraph shall be construe d to authorize any entry by a
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165		-	ENGR. H. B. NO. 2136 Page 4 1
	169	+	HB2136 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
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	195	+	3. Any property adjacent to a structure, building or office
	196	+	space in which concealed or unconcealed weapons are prohibited by
	197	+	the provisions of this section;
	198	+	4. Any property designated b y a city, town, county or state
	199	+	governmental authority as a park, recreational area, wildlife
	200	+	refuge, wildlife management area or fa irgrounds; provided, nothing
	201	+	in this paragraph shall be construe d to authorize any entry by a
190	202		person in possession of a conc ealed or unconcealed firearm into any
191	203		structure, building, office space or event which is specifically
192	204		prohibited by the provisions of subsection A of this section;
193	205		5. Any property set aside by a public or private elementary or
194	206		secondary school for the u se or parking of any vehicle, whether
195	207		attended or unattended; provided, however, the firearm shall be
196	208		stored and hidden from view in a locked motor vehicle when the motor
197	209		vehicle is left unattended on school property; and
198	210		6. Any public property set aside temporarily by a county, city,
199	211		town, public trust with a county, city or town as a beneficiary, or
200	212		state governmental authority for t he holder of an event permit that
201	213		is without minimum-security provisions, as such term is defined in
202	214		paragraph 7 of subsect ion A of this section; provided, the carry of
203	215		firearms within said permitted event area shall be limited to
204	216		concealed carry of a hand gun unless otherwise authorized by the
205	217		holder of the event permi t.
206		-	Nothing contained in any provision of this subsection or
207		-	subsection C of this section shall be construed to authoriz e or
208		-	allow any person in control of any place de scribed in subsection A
209		-	of this section to establish any policy or r ule that has the effe ct
210		-	of prohibiting any person in lawful possession of a handgun license
211		-	or otherwise in lawful possession of a firearm f rom carrying or
212		-	possessing the firearm on the pr operty described in this subsection.
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214		-	ENGR. H. B. NO. 2136 Page 5 1
	219	+	HB2136 HFLR Page 5
	220	+	BOLD FACE denotes Committee Amendments. 1
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	245	+	Nothing contained in any provision of this subsection or
	246	+	subsection C of this section shall be construed to authoriz e or
	247	+	allow any person in control of any place de scribed in subsection A
	248	+	of this section to establish any policy or r ule that has the effe ct
	249	+	of prohibiting any person in lawful possession of a handgun license
	250	+	or otherwise in lawful possession of a firearm f rom carrying or
	251	+	possessing the firearm on the pr operty described in this subsection.
239	252		C. A concealed or unconcealed weapon may be carried onto
240	253		private school property or in any school bus or vehicle used by any
241	254		private school for transportation of student s or teachers by a
242	255		person who is licensed pursuan t to the Oklahoma Self-Defense Act,;
243	256		provided, a policy has been adopt ed by the governing entity of the
244	257		private school that authorizes the carrying and possession of a
245	258		weapon on private school property or in a ny school bus or vehicle
246	259		used by a private school . Except for acts of g ross negligence or
247	260		willful or wanton miscondu ct, a governing entity of a private school
248	261		that adopts a policy which authorizes the possession of a weapon on
249	262		private school property, a s chool bus or vehicle used by the private
250	263		school shall not be subject to liability for any injuries arising
251	264		from the adoption of the policy. The provisions of this subsection
252	265		shall not apply to claims pursuant to the Administrative Workers '
253	266		Compensation Act.
254	267		D. Notwithstanding paragraph 3 of subsection A of this section,
255	268		a board of education of a school district may ado pt a policy
256		-	pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
257		-	authorize the carrying of a handgun onto school property b y school
258		-	personnel specifically designated by the board of education,;
259		-	provided, such personnel either:
260		-	1. Possess a valid armed security guard license as provided for
261		-	in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
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263		-	ENGR. H. B. NO. 2136 Page 6 1
	270	+	HB2136 HFLR Page 6
	271	+	BOLD FACE denotes Committee Amendments. 1
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	296	+	pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
	297	+	authorize the carrying of a handgun onto school property b y school
	298	+	personnel specifically designated by the board of education,;
	299	+	provided, such personnel either:
	300	+	1. Possess a valid armed security guard license as provided for
	301	+	in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes; or
288	302		2. Hold a valid reserve peace officer certification as provided
289	303		for in Section 3311 of Title 70 of the Oklahoma Statutes.
290	304		Nothing in this subsection shall be construed to restrict authority
291	305		granted elsewhere in law to carry firearms.
292	306		E. Notwithstanding the provisions of s ubsection A of this
293	307		section, on any property designated as a municipal zoo or park of
294	308		any size that is owned, leased, oper ated, or managed by:
295	309		1. A public trust created pursuant to the provisions of Section
296	310		176 of Title 60 of the Oklahoma Statutes; or
297	311		2. A nonprofit entity,
298	312		an individual shall be allowed to carry a concealed handgun but not
299	313		openly carry a handgun on the pro perty.
300	314		F. Any person violating the provisions of paragraph 2 or 3 of
301	315		subsection A of this section s hall, upon conviction, be guilt y of a
302	316		misdemeanor punishable by a fine not to exceed Two Hundred Fifty
303	317		Dollars ($250.00). A person violating any other prov ision of
304	318		subsection A of this section may be denied entrance onto the
305	319		property or removed from the p roperty. If the person refuses to
306		-	leave the property and a peace officer is summoned, t he person may
307		-	be issued a citation for an amount not to exceed Two H undred Fifty
308		-	Dollars ($250.00).
309		-	G. No person in possession of a valid handgun license issued
310		-	pursuant to the provisions of the Ok lahoma Self-Defense Act or who
311		-	is carrying or in possessio n of a firearm as otherwise permitted by
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313		-	ENGR. H. B. NO. 2136 Page 7 1
	321	+	HB2136 HFLR Page 7
	322	+	BOLD FACE denotes Committee Amendments. 1
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	347	+	leave the property and a peace officer is summoned, t he person may
	348	+	be issued a citation for an amount not to exceed Two H undred Fifty
	349	+	Dollars ($250.00).
	350	+	G. No person in possession of a valid handgun license issued
	351	+	pursuant to the provisions of the Ok lahoma Self-Defense Act or who
	352	+	is carrying or in possessio n of a firearm as otherwise permitted by
338	353		law or who is carrying or i n possession of a machete, blackjack,
339	354		loaded cane, hand chain or metal knuckles shall be authorized to
340	355		carry the firearm, machete, blackjack, loaded cane, hand chain or
341	356		metal knuckles into or upon any college, university or technology
342	357		center school propert y, except as provided in this subsection. For
343	358		purposes of this subsection, the following property s hall not be
344	359		construed to be college, university or technology center school
345	360		property:
346	361		1. Any property set aside for the use or parking of any motor
347	362		vehicle, whether attended or unattended, provided the firearm,
348	363		machete, blackjack, loaded cane, hand chain or metal knuckles are
349	364		carried or stored as required by law and the firearm, machete,
350	365		blackjack, loaded cane, hand chain or metal knuckles are not removed
351	366		from the motor vehicle without the prior consent of the college or
352	367		university president or technology center school administrator w hile
353	368		the vehicle is on any college, university or technolog y center
354	369		school property;
355		-	2. Any property authorized for possession or use of firearms,
356		-	machetes, blackjacks, loaded canes, hand chains or metal knuckles by
357		-	college, university or technology center school policy; and
358		-	3. Any property authorized by the wri tten consent of the
359		-	college or university president or technology ce nter school
360		-	administrator, provided the written consent is carried with the
361		-	firearm, machete, blackjack, loaded cane, hand chain or metal
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363		-	ENGR. H. B. NO. 2136 Page 8 1
	371	+	HB2136 HFLR Page 8
	372	+	BOLD FACE denotes Committee Amendments. 1
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	397	+	2. Any property authorized for possession or use of firearms,
	398	+	machetes, blackjacks, loaded canes, hand chains or metal knuckles by
	399	+	college, university or technology cent er school policy; and
	400	+	3. Any property authorized by the wri tten consent of the
	401	+	college or university president or technology ce nter school
	402	+	administrator, provided the written consent is carried with the
	403	+	firearm, machete, blackj ack, loaded cane, hand chai n or metal
388	404		knuckles and the valid handgun license while on co llege, university
389	405		or technology center school property.
390	406		The college, university or technology center school may notify
391	407		the Oklahoma State Bureau of Investigation within ten (10) days of a
392	408		violation of any provision of this subsection by a licensee . Upon
393	409		receipt of a written notification of violation, the Bureau shall
394	410		give a reasonable notice to the licensee and hold a hearing. At the
395	411		hearing, upon a determination that the licensee has violated any
396	412		provision of this subsection, the licensee may be subject to an
397	413		administrative fine of Two Hundred Fifty Dollars ($250.00) and may
398	414		have the handgun license suspended for three (3) months.
399	415		Nothing contained in any provision of this subsection shall be
400	416		construed to authorize or allow any college, university or
401	417		technology center school to establish any policy or rule that has
402	418		the effect of prohibiting any person in lawful possession of a
403	419		handgun license or any person in lawful pos session of a firearm,
404	420		machete, blackjack, loaded cane, hand chain or metal knuckles from
405		-	possession of a firearm, machete, blackjack, loaded cane, hand chai n
406		-	or metal knuckles in places described in paragraphs 1, 2 and 3 of
407		-	this subsection. Nothing contained in any provision of this
408		-	subsection shall be construed to limit the authority of any college,
409		-	university or technology center school in this state from taking
410		-	administrative action against any student for any violation of any
411		-	provision of this subsection.
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	422	+	HB2136 HFLR Page 9
	423	+	BOLD FACE denotes Committee Amendments. 1
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	448	+	possession of a firearm, machete, blackjack, loaded cane, hand chai n
	449	+	or metal knuckles in places described in paragraphs 1, 2 and 3 of
	450	+	this subsection. Nothing contained in any provision of t his
	451	+	subsection shall be construed to limit the authority of any college,
	452	+	university or technology center school in this state from taking
	453	+	administrative action against any student for any violation of any
	454	+	provision of this subsecti on.
438	455		H. The provisions of this section shall not apply to the
439	456		following:
440	457		1. Any peace officer or any person authorized by law to carry a
441	458		firearm in the course of employment;
442	459		2. District judges, associate district judges and special
443	460		district judges, who a re in possession of a valid handgun license
444	461		issued pursuant to the provisions of the Okl ahoma Self-Defense Act
445	462		and whose names appear on a list maintained b y the Administrative
446	463		Director of the Courts, when acting in the course and scope of
447	464		employment within the courthouses of t his state;
448	465		3. Private investigators with a firearms authorization when
449	466		acting in the course and scope of employment;
450	467		4. Elected officials of a county, who are in possession of a
451	468		valid handgun license issued pursuant to the provision s of the
452	469		Oklahoma Self-Defense Act, may carry a concealed handgun when acting
453	470		in the performance of his or her duties within the courthouses of
454	471		the county in which he or she was elected. The provisions of this
455		-	paragraph shall not allow the elected county official to carry the
456		-	handgun into a courtroom;
457		-	5. The sheriff of any county may author ize certain employees of
458		-	the county, who possess a valid handgun lic ense issued pursuant to
459		-	the provisions of the Oklahoma Self-Defense Act, to carry a
460		-	concealed handgun when acting in the course and scope of employment
461		-	within the courthouse in the county in which the person is employed.
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463		-	ENGR. H. B. NO. 2136 Page 10 1
	473	+	HB2136 HFLR Page 10
	474	+	BOLD FACE denotes Committee Amendments. 1
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	499	+	paragraph shall not allow the elected county official to carry th e
	500	+	handgun into a courtroom;
	501	+	5. The sheriff of any county may author ize certain employees of
	502	+	the county, who possess a valid handgun lic ense issued pursuant to
	503	+	the provisions of the Oklahoma Self-Defense Act, to carry a
	504	+	concealed handgun when acting in the course and scope of employment
	505	+	within the courthouse in the county in which the person is employed.
488	506		Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
489	507		from requiring additional instruction or training befor e granting
490	508		authorization to carry a concealed handgun within the courthouse .
491	509		The provisions of thi s paragraph and of paragraph 6 of this
492	510		subsection shall not allow th e county employee to carry the handgun
493	511		into a courtroom, sheriff's office, adult or juvenile jail or any
494	512		other prisoner detention area; and
495	513		6. The board of county commissioners of any cou nty may
496	514		authorize certain employees of the county, who possess a val id
497	515		handgun license issued pursuant to the provisions of the Oklahoma
498	516		Self-Defense Act, to carry a co ncealed handgun when acting in the
499	517		course and scope of employment on county annex facili ties or grounds
500	518		surrounding the county courthouse.
501	519		I. 1. Municipalities may authorize certain employees or public
502	520		officials of the municipality, municipal public trust, or municipal
503	521		authority who possess a valid handgun li cense issued pursuant to the
504	522		provisions of the Oklahoma Self-Defense Act and who have
505		-	successfully completed any additional training or requirements, as
506		-	established by ordinance or resolution, to carry a concealed
507		-	handgun when acting in the course and scope of employment.
508		-	2. For purposes of this subsection , firearms may not be present
509		-	in a location that is a firearm -prohibited location. As used in
510		-	this paragraph, "firearm-prohibited location" shall include the
511		-	following locations:
512	523
513		-	ENGR. H. B. NO. 2136 Page 11 1
	524	+	HB2136 HFLR Page 11
	525	+	BOLD FACE denotes Committee Amendments. 1
514	526		2
515	527		3
516	528		4
517	529		5
518	530		6
519	531		7
520	532		8
521	533		9
522	534		10
523	535		11
524	536		12
525	537		13
526	538		14
527	539		15
528	540		16
529	541		17
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531	543		19
532	544		20
533	545		21
534	546		22
535	547		23
536	548		24
537	549
	550	+	successfully completed any additional training or requirements, as
	551	+	established by ordinance or resolution, to carry a concealed
	552	+	handgun when acting in the course and scope of employment.
	553	+	2. For purposes of this subsection , firearms may not be present
	554	+	in a location that is a firearm -prohibited location. As used in
	555	+	this paragraph, "firearm-prohibited location" shall include the
	556	+	following locations:
538	557		a. any structure, building, or office space on
539	558		municipally owned, leased, or maintained property
540	559		designated as a firearm -prohibited location by the
541	560		municipality, municipal public trust, or municipal
542	561		authority, and
543	562		b. any police department, courthouse, courtroom, prison,
544	563		jail, detention facility, or any facility used to
545	564		process, hold, or house arrested persons, prisoners,
546	565		or persons alleged del inquent or adjudicated
547	566		delinquent.
548	567		3. Nothing in this section shall be constru ed as a mechanism to
549	568		allow municipal employees to carry a f irearm as a duty or function
550	569		of their employment with the municipality, municipal public trust,
551	570		or municipal authority.
552	571		4. Municipalities may authorize the public display of firearms
553	572		in public buildings subject to policies established by the
554	573		municipality, municipal public trust, or municipal authority.
555		-	J. For the purposes of this section, "motor vehicle" means any
556		-	automobile, truck, minivan, sports sport utility vehicle, or
557		-	motorcycle, as defined in Section 1-135 of Title 47 of the Oklahoma
558		-	Statutes, equipped with a locked accessory container within or
559		-	affixed to the motorcycle.
560		-	SECTION 2. This act shall become effective November 1, 2023.
561	574
562		-	ENGR. H. B. NO. 2136 Page 12 1
	575	+	HB2136 HFLR Page 12
	576	+	BOLD FACE denotes Committee Amendments. 1
563	577		2
564	578		3
565	579		4
566	580		5
567	581		6
568	582		7
569	583		8
570	584		9
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576	590		15
577	591		16
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580	594		19
581	595		20
582	596		21
583	597		22
584	598		23
585	599		24
586	600
587		-	Passed the House of Representatives the 21st day of March, 2023.
	601	+	J. For the purposes of this section, "motor vehicle" means any
	602	+	automobile, truck, minivan, sports sport utility vehicle, or
	603	+	motorcycle, as defined in Section 1 -135 of Title 47 of the Oklahoma
	604	+	Statutes, equipped with a locked accessory container within or
	605	+	affixed to the motorcycle.
	606	+	SECTION 2. This act shall become effective November 1, 2023.
588	607
589		-
590		-
591		-
592		-	Presiding Officer of the House
593		-	of Representatives
594		-
595		-
596		-
597		-	Passed the Senate the ___ day of __________, 2023.
598		-
599		-
600		-
601		-
602		-	Presiding Officer of the Senate
603		-
604		-
	608	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/22/2023 -
	609	+	DO PASS, As Amended and Coauthored.