Oklahoma 2024 Regular Session

Oklahoma House Bill HB2139 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 2139 By: McDugle of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 59th Legislature (2023)
34+
35+HOUSE BILL 2139 By: McDugle of the House
3036
3137 and
3238
3339 Bullard of the Senate
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3541
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43+AS INTRODUCED
3744
3845 An Act relating to firearms; amending 21 O.S. 2021,
3946 Section 1277, which relates to the unlawful carry of
4047 firearms on certain property; updating statutory
4148 reference; authorizing handgun licensees to carry on
4249 school property under certain circumstances; amending
4350 21 O.S. 2021, Section 1280.1, which relates to the
4451 possession of firearms on school pr operty; updating
4552 statutory reference; authorizing handgun licensees to
4653 carry on school property under certain circumstances ;
4754 amending 70 O.S. 2021, Section 5 -149.2, which relates
4855 to the authorization to carry handguns on school
4956 property; authorizing school boards to adopt policies
5057 related to carrying handguns on school property;
5158 stating qualifications for designated personnel;
5259 authorizing school boards to designate school
5360 personnel to attend training programs; clarifying
5461 immunity from liability provisions; and declaring an
5562 emergency.
5663
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5966
6067 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6168 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
6269 amended to read as follows:
6370 Section 1277.
6471 UNLAWFUL CARRY IN CERTAIN PLACES
6572
66-A. It shall be unlawful for any person, including a person in
67-possession of a valid handgun license issued pursuant to the
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99+A. It shall be unlawful for any person, including a person in
100+possession of a valid handgun license issued pursuant to the
94101 provisions of the Oklahoma Self -Defense Act, to carry any concealed
95102 or unconcealed firearm into any of the following places:
96103 1. Any structure, building, or office space which is owne d or
97104 leased by a city, town, county, state or federal governmental
98105 authority for the purpose of conducting business with the p ublic;
99106 2. Any courthouse, courtroom, prison, jail, detention facility
100107 or any facility used to process, hold or house arrested per sons,
101108 prisoners or persons alleged delinquent or adjudicated delinquent,
102109 except as provided in Section 21 of Title 57 of the O klahoma
103110 Statutes;
104111 3. Any public or private el ementary or public or private
105112 secondary school, except as provided in subsections C and D of this
106113 section;
107114 4. Any publicly owned or operated sports arena or venue during
108115 a professional sporting event, unless a llowed by the event holder;
109116 5. Any place where gambling is authorized by law, unless
110117 allowed by the property owner;
111118 6. Any other place specifically prohibited by law ; and
112119 7. Any property set aside by a county, city, town, public trust
113120 with a county, city or town as a beneficiary, or state governmen tal
114121 authority for an event that is secu red with minimum-security
115122 provisions. For purposes of this paragraph, a minimum -security
116-provision consists of a location that is secured utilizing the
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150+provision consists of a location that is secured utilizing the
151+following:
144152 a. a metallic-style security fence that is at least e ight
145153 (8) feet in height that encompasse s the property and
146154 is secured in such a way a s to deter unauthorized
147155 entry,
148156 b. controlled access points staffed by a uniformed,
149157 commissioned peace officer, and
150158 c. a metal detector whereby persons walk or otherwise
151159 travel with their property through or by t he metal
152160 detector.
153161 B. It shall be lawful for a person to carry a concealed or
154162 unconcealed firearm on the following properties:
155163 1. Any property set aside for the use or parking of any
156164 vehicle, whether attended or una ttended, by a city, town, county,
157165 state or federal governmental authority;
158166 2. Any property set aside for the use or parking of any
159167 vehicle, whether attended or unattended, which is open to the
160168 public, or by any entity engaged in gambling authorized by la w;
161169 3. Any property adjacent to a struct ure, building or office
162170 space in which concea led or unconcealed weapons are prohibited by
163171 the provisions of this section;
164172 4. Any property designated by a city, town, cou nty or state
165173 governmental authority as a par k, recreational area, wildlife
166-refuge, wildlife management area or fairgrounds; provide d, nothing
167-in this paragraph shall be construed to authorize any entry by a
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201+refuge, wildlife management area or fairgrounds; provide d, nothing
202+in this paragraph shall be construed to authorize any entry by a
194203 person in possession of a concealed or unconceale d firearm into any
195204 structure, building, office space or event which is specifically
196205 prohibited by the provisions of subsection A of this section;
197206 5. Any property set aside by a public or private elementary or
198207 secondary school for the use or parking of an y vehicle, whether
199208 attended or unattended; provided, however, the firearm shall be
200209 stored and hidden from view in a locked motor veh icle when the motor
201210 vehicle is left unattended on school property ; and
202211 6. Any public property set aside temporarily by a co unty, city,
203212 town, public trust with a coun ty, city or town as a beneficiary, or
204213 state governmental authority for the holder of an ev ent permit that
205214 is without minimum-security provisions, as such term is defined in
206215 paragraph 7 of subsection A of this secti on; provided, the carry of
207216 firearms within said permitted event area shall be limited to
208217 concealed carry of a handgun unless otherwi se authorized by the
209218 holder of the event permit .
210219 Nothing contained in any provision of this subsection or
211220 subsection C of this section shall be construed to authoriz e or
212221 allow any person in control of any place described in subsection A
213222 of this section to establish any policy or rule that has the effect
214223 of prohibiting any person in lawful possession of a handgun license
215-or otherwise in lawful possession of a firearm f rom carrying or
216-possessing the firearm on the property described in this subsection.
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251+or otherwise in lawful possession of a firearm f rom carrying or
252+possessing the firearm on the property described in this subsection.
243253 C. A concealed or unconcealed weapon may be carried onto
244254 private school property or in any school bus or vehicle used by any
245255 private school for transportation of student s or teachers by a
246256 person who is licensed purs uant to the Oklahoma Self-Defense Act,
247257 provided a policy has been adopted by the governing entity of the
248258 private school that authorizes the carrying and possession of a
249259 weapon on private school property or in a ny school bus or vehicle
250260 used by a private sch ool. Except for acts of gross negligence or
251261 willful or wanton misconduct, a governing entity of a private school
252262 that adopts a policy which authorizes the possession of a weapon on
253263 private school property, a s chool bus or vehicle used by the private
254264 school shall not be subject to liability for any in juries arising
255265 from the adoption of the policy . The provisions of this subsection
256266 shall not apply to claims pursuant to the Administrative Workers '
257267 Compensation Act.
258268 D. Notwithstanding paragraph 3 of subsecti on A of this section,
259269 a board of education of a school district may adopt a policy
260270 pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
261271 authorize the carrying of a handgun onto school property b y school
262272 personnel specifically designated by t he board of education,
263273 provided such personnel either:
264-1. Possess a valid armed security guard license as provided for
265-in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes the
266-Oklahoma Security Guard and Pri vate Investigator Act; or
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301+1. Possess a valid armed security guard license as provided for
302+in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes the
303+Oklahoma Security Guard and Pri vate Investigator Act; or
293304 2. Hold a valid reserve peace officer certification as pr ovided
294305 for in Section 3311 of Title 70 of the Oklahoma Statutes ; or
295306 3. Possess a valid han dgun license issued pursuant to the
296307 provisions of the Oklahoma Self -Defense Act and meet other
297308 requirements authorized by the board of education of the school
298309 district.
299310 Nothing in this subsection shall be construed to restrict authority
300311 granted elsewhere in law to carry firearms.
301312 E. Notwithstanding the provisions of s ubsection A of this
302313 section, on any property designated as a municipal zoo or park of
303314 any size that is owned, leased, operated or managed by:
304315 1. A public trust created pursuant to the provisions of Section
305316 176 of Title 60 of the Oklahoma Statutes; or
306317 2. A nonprofit entity,
307318 an individual shall be allowed to c arry a concealed handgun but not
308319 openly carry a handgun on the property.
309320 F. Any person violating the provisions of paragraph 2 or 3 of
310321 subsection A of this section s hall, upon conviction, be guilt y of a
311322 misdemeanor punishable by a fine not to exceed Two H undred Fifty
312323 Dollars ($250.00). A person violating any other provision of
313324 subsection A of this section may be denied entrance onto the
314-property or removed from the p roperty. If the person refuses to
315-leave the property and a peace officer is summoned, the person may
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352+property or removed from the p roperty. If the person refuses to
353+leave the property and a peace officer is summoned, the person may
342354 be issued a citation for an amount not to exceed Two Hundred Fifty
343355 Dollars ($250.00).
344356 G. No person in possession of a valid handgun license issued
345357 pursuant to the provisions of the Ok lahoma Self-Defense Act or who
346358 is carrying or in possession of a firearm as otherwise permitted by
347359 law or who is carrying or in possession of a machete, blackjack,
348360 loaded cane, hand chain or metal knuckles shall be authorized to
349361 carry the firearm, machete, blackjack, loaded can e, hand chain or
350362 metal knuckles into o r upon any college, university or technology
351363 center school property, except as provided in this subsection . For
352364 purposes of this subsection, the following property s hall not be
353365 construed to be college, university or t echnology center school
354366 property:
355367 1. Any property set aside for the use or parking of any motor
356368 vehicle, whether attended or unattended, provided the firearm,
357369 machete, blackjack, loaded cane, hand chain or metal knuckles are
358370 carried or stored as required by law and the firearm, machete,
359371 blackjack, loaded cane, hand chain or metal knuckle s are not removed
360372 from the motor vehicle without the prior consent of the college or
361373 university president or technology center school administrator w hile
362374 the vehicle is on any college, university or technology center
363375 school property;
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390403 2. Any property authorized for possession or use of firearms,
391404 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
392405 college, university or technology cent er school policy; and
393406 3. Any property authorized by the writt en consent of the
394407 college or university presid ent or technology center school
395408 administrator, provided the written consent is carried with the
396409 firearm, machete, blackj ack, loaded cane, hand chai n or metal
397410 knuckles and the valid handgun license while on coll ege, university
398411 or technology center school pr operty.
399412 The college, university or technology center school may notify
400413 the Oklahoma State Bureau of Investigation within ten (10) days of a
401414 violation of any provision of th is subsection by a licensee . Upon
402415 receipt of a written notification of violation, t he Bureau shall
403416 give a reasonable notice to the licensee and hold a hearing . At the
404417 hearing, upon a determination that the licensee has violated any
405418 provision of this subs ection, the licensee may be subject to an
406419 administrative fine of Two Hundred Fifty D ollars ($250.00) and may
407420 have the handgun license suspended for three (3) months.
408421 Nothing contained in any provision of this subsection shall be
409422 construed to authorize or a llow any college, university or
410423 technology center school to establish any policy or rule that has
411424 the effect of prohibiting any person in lawful possession of a
412425 handgun license or any person in lawful pos session of a firearm,
413426 machete, blackjack, loaded can e, hand chain or metal knuckles from
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440454 possession of a firearm, machete, blackjack, lo aded cane, hand chain
441455 or metal knuckles in places described in paragraphs 1, 2 and 3 of
442456 this subsection. Nothing contained in any provision of t his
443457 subsection shall be con strued to limit the authority of any c ollege,
444458 university or technology center school in this state from taking
445459 administrative action against any student for any violation of any
446460 provision of this subsecti on.
447461 H. The provisions of this section shall not app ly to the
448462 following:
449463 1. Any peace officer or any person authorized by law to carry a
450464 firearm in the course of employment;
451465 2. District judges, associate district judges and special
452466 district judges, who a re in possession of a valid handgun license
453467 issued pursuant to the provisions of the Oklah oma Self-Defense Act
454468 and whose names appear on a list maintained by the Administrative
455469 Director of the Courts, when acting in the course and scope of
456470 employment within the courthouses of t his state;
457471 3. Private investigators with a firearms authorization w hen
458472 acting in the course and scope of employme nt;
459473 4. Elected officials of a county, who are in possession of a
460474 valid handgun license issued pursuant to the provision s of the
461475 Oklahoma Self-Defense Act, may carry a conc ealed handgun when acting
462476 in the performance of his or her duties within the courtho uses of
463477 the county in which he or she was elected . The provisions of this
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490505 paragraph shall not allow the elected county official to carry th e
491506 handgun into a courtroom;
492507 5. The sheriff of any county may authoriz e certain employees of
493508 the county, who possess a valid handgun license issued pursuant to
494509 the provisions of the Oklahoma Self -Defense Act, to carry a
495510 concealed handgun when acting in the course and scope of employment
496511 within the courthouse in the county in which the person is employed.
497512 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
498513 from requiring additional instruction or training befor e granting
499514 authorization to carry a concealed handgun within th e courthouse.
500515 The provisions of this paragraph and of paragraph 6 of this
501516 subsection shall not allow the county employee to carry the handgun
502517 into a courtroom, sheriff 's office, adult or juvenile jail or any
503518 other prisoner detention area; and
504519 6. The board of county commissioners of any count y may
505520 authorize certain employees of the count y, who possess a valid
506521 handgun license issued pursuant to the provisions of the Oklahoma
507522 Self-Defense Act, to carry a co ncealed handgun when acting in the
508523 course and scope of employment on county annex faciliti es or grounds
509524 surrounding the county courthous e.
510525 I. For the purposes of this section, "motor vehicle" means any
511526 automobile, truck, minivan, sports utility vehicle , or motorcycle,
512527 as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
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539555 equipped with a locked accessory container within or aff ixed to the
540556 motorcycle.
541557 SECTION 2. AMENDATORY 21 O .S. 2021, Section 1280.1, is
542558 amended to read as follows:
543559 Section 1280.1
544560 POSSESSION OF FIREARM ON SCHOOL PROPERTY
545561
546562 A. It shall be unlawful for any person to have in his or her
547563 possession on any public or private school property or while in any
548564 school bus or vehicle used by any school for transportation of
549565 students or teachers any firearm or weapon de signated in Section
550566 1272 of this title, exc ept as provided in subsection C of this
551567 section or as otherwise authorized by law.
552568 B. For purposes of this section:
553569 1. "School property" means any publicly owned property held for
554570 purposes of elementary, seconda ry or vocational-technical education,
555571 and shall not include property owned by public school districts or
556572 where such property is leased or rented to an individu al or
557573 corporation and used for purposes other than educational;
558574 2. "Private school" means a school that offers a course of
559575 instruction for students in one or more grades from preki ndergarten
560576 through grade twelve and is not operated by a governmental entit y;
561577 and
562578 3. "Motor vehicle" means any automobile, truck, minivan or
563579 sports utility vehicle.
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590607 C. Firearms and weapons are allowed on school pr operty and
591608 deemed not in violation of sub section A of this section as follows:
592609 1. A gun or knife designed for hunti ng or fishing purposes kept
593610 in a privately owned vehicle and properly displayed or stored as
594611 required by law, provided such vehicle containi ng said gun or knife
595612 is driven onto schoo l property only to transport a student to and
596613 from school and such vehicle does not remain unattended on school
597614 property;
598615 2. A gun or knife used for the purposes of partic ipating in the
599616 Oklahoma Department of Wildl ife Conservation certified hunter
600617 training education course or any other hunting, fishing, safety or
601618 firearms training courses, or a recognized firearms sports event,
602619 team shooting program or competition, or livin g history reenactment,
603620 provided the course or event is approved by the principal or chief
604621 administrator of the school where the course or event is offered,
605622 and provided the weapon is properly displayed or stored as required
606623 by law pending participation in the course, event, program or
607624 competition;
608625 3. Weapons in the possession of any peac e officer or other
609626 person authorized by law to possess a weapon in the perf ormance of
610627 his or her duties and responsibilities;
611628 4. A concealed or unconcealed weapon carried onto private
612629 school property or in any scho ol bus or vehicle used by any private
613630 school for transportation of students or teachers by a person who is
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640658 licensed pursuant to the Oklahoma Self-Defense Act, provided a
641659 policy has been adopted by the governing en tity of the private
642660 school that authorizes the possession of a weapon on private sch ool
643661 property or in any school bus or vehicle used by a private school.
644662 Except for acts of gross negligence or willful or wanton misconduct,
645663 a governing entity of a private school that adopts a policy which
646664 authorizes the possession of a weapon on private school property, a
647665 school bus or vehicle used by the private school shall b e immune
648666 from liability for any injuries arising from the adoption of the
649667 policy. The provisions of this paragraph shall not apply to claim s
650668 pursuant to the Workers' Compensation Code;
651669 5. A gun, knife, bayonet or other weapon in the possession of a
652670 member of a veterans group, the national guard, active military, the
653671 Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to
654672 participate in a ceremony, assembly or educationa l program approved
655673 by the principal or chief administrator of a school or s chool
656674 district where the ceremony, assembly or educational program is
657675 being held; provided, howev er, the gun or other weapon that uses
658676 projectiles is not loaded and is inoperable at all times while on
659677 school property;
660678 6. A handgun carried in a motor vehic le pursuant to a valid
661679 handgun license authorized by the Oklahoma Self -Defense Act onto
662680 property set aside by a public or private elementary or secondary
663681 school for the use or parki ng of any vehicle; provided, however,
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690709 said handgun shall be stored and hidd en from view in a locked motor
691710 vehicle when the motor vehicle is left unattended on school
692711 property; and
693712 7. A handgun carried onto public s chool property by school
694713 personnel who have been designated by the board of education,
695714 provided such personnel eithe r:
696715 a. possess a valid armed security guard license as
697716 provided for in Section 1750.1 et seq. of T itle 59 of
698717 the Oklahoma Statutes the Oklahoma Security Guard and
699718 Private Investigator Act, or
700719 b. hold a valid reserve peace officer certification as
701720 provided for in Section 3311 of Title 70 of the
702721 Oklahoma Statutes, or
703722 c. possess a valid handgun license issued pursuant to the
704723 Oklahoma Self-Defense Act and meet other requirements
705724 authorized by the board of educa tion of the school
706725 district,
707726 if a policy has been adopted by the board of education of the school
708727 district that authorizes the carrying of a handgun onto public
709728 school property by such personn el. Nothing in this subsection shall
710729 be construed to restrict authority granted elsewhere in law to carry
711730 firearms.
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738758 D. Any person violating the provisions of this section shall,
739759 upon conviction, be guilty of a m isdemeanor punishable by a fine of
740760 not to exceed Two Hundred Fifty Dollars ($250.00) .
741761 SECTION 3. AMENDATORY 70 O.S. 2021, Section 5 -149.2, is
742762 amended to read as follows:
743763 Section 5-149.2 A. The board of education of a school dist rict
744764 may, through a majority vote of the b oard, designate adopt a policy
745765 to authorize the carrying of a handgun onto school property by
746766 school personnel who have been issued a handgun license pursuant t o
747767 the Oklahoma Self-Defense Act to attend an specifically designated
748768 by the board of education, provided such personnel either:
749769 1. Possess a valid armed security guard license as provided for
750770 in the Oklahoma Security Guard and Private Investigator Act;
751771 2. Hold a valid reserve peace officer certification as provided
752772 for in Section 3311 of Title 70 of the Oklahoma Statutes; or
753773 3. Possess a valid handgun license issued pursuant to the
754774 provisions of the Oklahoma Self-Defense Act and meet other
755775 requirements authorized by the board of educ ation of the school
756776 district.
757777 B. The board of education of a scho ol district may, through a
758778 majority vote of the board, designate school personnel to attend an
759779 armed security guard training program, as provided for in Section
760780 1750.5 of Title 59 of the Oklahoma Statutes, or a res erve peace
761781 officer certification program, a s provided for in Section 3311 of
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788809 Title 70 of the Oklahoma Sta tutes, provided and developed by the
789810 Council on Law Enforcement Education and Training (CLEET). N othing
790811 in this section shall be construed to prohibit or limit the board of
791812 education of a schoo l district from requiring ongoing educati on and
792813 training.
793814 B. C. Participation in either the armed security guard training
794815 program or the reserve peace officer certification program shall be
795816 voluntary and shall no t in any way be considered a requirement fo r
796817 continued employment with the school di strict. The board of
797818 education of a school district shall have the final authority to
798819 determine and designate the scho ol personnel who will be authorized
799820 to obtain and use an armed security guard license or, reserve peace
800821 officer certification, or handgun license in conjunction with their
801822 his or her employment as school personnel.
802823 C. D. The board of education of a school district that
803824 authorizes school personnel to partici pate in either the armed
804825 security guard program or the reserve peace officer program may pay
805826 all necessary training, meal and lodging expenses associated with
806827 the training.
807828 D. E. When carrying a firearm pursuant to the provisions of
808829 this act, the person s hall at all times carry the firearm on his or
809830 her person or the firearm shall be sto red in a locked and secure
810831 location.
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837859 E. F. Any school personnel who have successfully completed
838860 either armed security guard training, reserve peace officer
839861 certification training or handgun license training and while acting
840862 in good faith shall not be immune from subject to civil and criminal
841863 liability for any injury resulting from the carrying of a handgun
842864 onto public school property as provided for in this act. Any board
843865 of education of a school district or partic ipating local law
844866 enforcement agency shal l not be immune from subject to civil and
845867 criminal liability for any injury resulting from any act committed
846868 by school personnel who are designated to carry a concealed han dgun
847869 on public school property pursuant to the provisions of this act.
848870 F. G. In order to carry out the provisions of this section, the
849871 board of education of a school district is authorized to enter into
850872 a memorandum of understanding with local law enforce ment entities.
851873 SECTION 4. It being immediately necessary for the pr eservation
852874 of the public peace, health or safety, an emergency is hereby
853875 declared to exist, by reason whereof this act shall take effect and
854876 be in full force from and after its passage and approval.
855877
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882-Passed the House of Representatives the 21st day of March, 2023.
883-
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885-
886-
887- Presiding Officer of the House
888- of Representatives
889-
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892-Passed the Senate the ___ day of __________, 2023.
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897- Presiding Officer of the Senate
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899-
878+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/21/2023 -
879+DO PASS, As Coauthored.