ENGR. H. A. to ENGR. S. B. NO. 1407 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE AMENDME NT TO ENGROSSED SENATE BILL NO . 1407 By: Thompson (Roger) and Floyd of the Senate and George of the House An Act relating to the Department of Public Safety; stating legislative findings; authorizing creation of Oklahoma child abduction response teams; defining terms; establishing mult i-agency elements; requiring certain deposits to the Department of Public Safety Restricted Revolving Fund; giving certain authorizations to Commissioner of Public Safety; authorizing Commissioner to establish certain policies; establishing elements of com mittee membership; establishing certain requirements of response plans; requ iring certain notice; authorizing use of automated license plate readers; mandating certain training; making an ap propriation; providing for noncodification; providing for codifica tion; providing an effective date; and declaring an emergency. AUTHOR: Add the following Senate Coauthor: Burns AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill and insert: "[ Department of Public Safety - legislative findings - Oklahoma child abduction response teams – terms - ENGR. H. A. to ENGR. S. B. NO. 1407 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 multi-agency elements - Department of Public Safety Restricted Revolving Fund - Commissioner of Public Safety – policies - committee membership - response plans – notice - automated license plate readers – training – noncodification – codification - effective date – emergency ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A ne w section of law not to be codified in the Oklahoma Statutes reads as follows: It is the finding of the Legislature that abduction is a serious threat to the health and safety of minors in this state. The immediate notification and response to a child abd uction greatly increases the chances of a positive outcome. Oklahoma child abduction response teams (OCARTs) are being created to facilitate efficient, effective, and coordinated law enforcement and social services responses to child abductions. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2 -140a of Title 47, unless there is created a duplication i n numbering, reads as follows: ENGR. H. A. to ENGR. S. B. NO. 1407 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Department of Public Safety is hereby authorized to create and administer Oklahoma child abduction response teams (OCARTs) for the purposes of mitigating child endangerment. B. For purposes of this sec tion: 1. “Commissioner” means the Commissioner of the Department of Public Safety; 2. “Custodial child abduction” means the abduction of a c hild under the age of eighteen (18) by a custodial parent where a reasonable and articulable suspicion exists that the child is i n imminent danger; 3. “Missing child” means a child under the age of eighteen (18) who is unaccounted for where a reasonable a nd articulable suspicion exists that the child is in imminent danger; 4. “Non-custodial child abduction ” means the abduction of a child under the age of eighteen (18) by the non -custodial parent; and 5. “Verified child abduction” means the confirmation o f a reasonable suspicion that a missing child or the victim of a custodial child abduction or non -custodial child abduction is in imminent danger. C. 1. a. The Commissioner shall create a network of Oklahoma child abduction response teams in cooperation wi th federal, state, tribal, county, and municipal law enforcement agencies, and the appropriate social ENGR. H. A. to ENGR. S. B. NO. 1407 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 services agencies. The Commissioner is authorized to enter into agreements with any governmental agency, private person or entity, or not-for-profit organization to effectuate the purposes of this act. b. Each member agency of an OCART committee is responsible for its own acts or o missions under The Governmental Tort Claims Act, or otherwise under state or federal law. c. When activated pursuant to this se ction, member agencies are exempt from the Oklahoma Central Purchasing Act. 2. The Commissioner is authorized to accept contributions, donations, and gifts in support of OCART programs. All monies received by the Commi ssioner pursuant to this subsection shall be deposited to the credit of the Department of Public Safety Restricted Revolving Fund and shall be expended by the Depart ment solely for the purposes of the operation of OCART programs. All other property receiv ed by the Commissioner or designee p ursuant to this subsection shall be held by the Department in trust under the terms and conditions imposed by the donors and the title to any and all property acquired, granted, or donated to the Department shall be taken in the name of the state to be hel d for the use and benefit of education programs of the Department under the conditions of the grants or donations. ENGR. H. A. to ENGR. S. B. NO. 1407 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The Commissioner is authorized to establish policies and procedures and promulgate rules to effectuat e the purposes of this act. D. 1. The Commissioner is authorized to employ an OCART coordinator to assist in administering the provisions of this ac t. The Commissioner shall create local OCART committees to effectuate the purposes of this act. The numb er, location, and boundaries of the regions are to be determined by the Commissioner. The members of each Oklahoma child abduction response team shall be peace officers, communications personnel, administrative personnel, support personnel, and multidisci plinary professionals reasonably necessary to effectuate the purposes of this act. 2. The OCART committee shall consist of: a. the OCART coordinator who shall act as chairperson, b. one representative of the Oklahoma State Bureau of Investigation, c. one representative who is an active elec ted sheriff from the applicable region or a designee, d. one representative who is an active chief of police from the applicable region or a designee, e. one representative from the Department of Mental Health and Substance Abuse Services, f. one elected district attorney from the applicable region or a designee, ENGR. H. A. to ENGR. S. B. NO. 1407 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 g. one representative from the Oklahoma Counter Terrori sm Intelligence Center (OCTIC), h. one representative from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, i. one representative from the U.S. Marshals Service from the applicable region , and j. any other individuals deemed necessary by the Commissioner or coordinator. 3. In conjunction with the OCART coordinator, each OCART committee shall develop a plan for mounting a coor dinated response to a verified child abduction. The plan shall include, but not be limited to, an outline of the procedure for verification of a child abduction, a notification of a child abduction, outreach to local law enforcement agencies, and member a gency responsibilities in the event of a verified child abduction. E. Within four (4) hours of receiving a report of verified child abduction, the law enforcement agency receiving the report shall notify the Oklahoma Counter Terrorism Intelligence Center . F. Law enforcement agencies of this state are hereby authorized to utilize the automated license plate readers ( ALPRs) in carrying out a coordinated response to a verified child abduction. G. Each law enforcement memb er of an OCART committee shall receive initial training and annual refresher training as determined by the Commissioner. ENGR. H. A. to ENGR. S. B. NO. 1407 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. This act shall become effective July 1, 2024. SECTION 4. It being immediately necessary fo r the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall t ake effect and be in full force from and after its passage and approval. " Passed the House of Representatives the 25th day of April, 2024. Presiding Officer of the House of Representatives Passed the Senate the ____ day of _______ ___, 2024. Presiding Officer of the Senate ENGR. S. B. NO. 1407 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 1407 By: Thompson (Roger) and Floyd of the Senate and George of the House An Act relating to the Department of Public Safety; stating legislative findings; authorizing creation of Oklahoma child abduction response teams; defining terms; establishing multi -agency elements; requiring certain deposits to the D epartment of Public Safety Restricted Revolving Fund; giving certain authorizations to Commissioner of Public Safety; authorizing Commissioner to establish certain policies; establishing elements of committee membership; establishing certain requirements o f response plans; requ iring certain notice; authorizing use of automated license plate readers; mandating certain training; making an appropriation; providing for noncodification; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 5. NEW LAW A new section of law not to be codified in the Oklahoma St atutes reads as follows: It is the finding of the Legislature that abduction is a seriou s threat to the health and safety of minors in this state. The immediate notification and response to a child abduction greatly increases the chances of a positive out come. Oklahoma child abduction response teams (OCARTs) are being created to facilitate ENGR. S. B. NO. 1407 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 efficient, effective, and coordinated law enforcement and social services responses to child abductions. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2 -140a of Title 47, unless there is created a duplication in numbering, reads as follows: A. The Department of Public Safety is hereby authorized to create and administer Oklahoma child abduction respons e teams (OCARTs) for the purposes of mitigating child endangerment. B. For purposes of this section: 1. “Commissioner” means the Commissioner of the Department of Public Safety; 2. “Custodial child abduction ” means the abduction of a child under the age of eighteen (18) by a custodial parent where a reasonable and articulable suspicion exi sts that the child is in imminent danger; 3. “Missing child” means a child under the age of eighteen (18) who is unaccounted for where a reasonable and articulable sus picion exists that the child is in imminent danger; 4. “Non-custodial child abduction ” means the abduction of a child under the age of eighteen (18) by the non -custodial parent; and 5. “Verified child abduction ” means the confirmation of a reasonable suspicion that a missing child or the victim of a ENGR. S. B. NO. 1407 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 custodial child abduction or non -custodial child abduction is in imminent danger. C. 1. a. The Commissioner shall create a network of Oklahoma child abduction response teams in cooperation with federal, state, tribal, county, and municipal law enforcement agencies, and the appropriate social services agencies. The Commissioner is authorized to enter into agreements with any governmental agency, private person or entity, or not -for-profit organization to effect uate the purposes of this act. b. Each member agency of an OCART committee is responsible for its own acts or omissions under The Governmental Tort Claims Act, or otherwise under state or federal law. c. When activated pursuant to this section, member agencies are exempt from the Oklahoma Central Purchasing Act. 2. The Commissioner is author ized to accept contributions, donations, and gifts in support of OCART programs. All monies received by the Commissioner pursuant to this subsection shall be deposited to the credit of the Department of Public Safety Restricted Revolving Fund and shall be expended by the Department solely for the purposes of the operation of OCART programs. All other property received by the Commissioner or designee pursuant to ENGR. S. B. NO. 1407 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this subsection shall be held by the Department in trust under the terms and conditions imposed by the donors and the title to any and all property acquired, granted, or donated to the Department shall be taken in the name of the state to be held for the use and benefit of education programs of the Department under the conditions of the grants or donations. 3. The Commissioner is authorized to establish policies and procedures and promulgate rules to effectuate the purposes of this act. D. 1. The Commissioner i s authorized to employ an OCART coordinator to assist in administering the provisions of this act. The Commissioner shall create local OCART committees to effectuate the purposes of this act. The number, location, and boundaries of the regions are to be determined by the Commissioner. The members of each Oklahoma child abduction response t eam shall be peace officers, communications personnel, administrative personnel, support personnel, and multidisciplinary professionals reasonably necessary to effectua te the purposes of this act. 2. The OCART committee shall consist of: a. the OCART coordinator who shall act as chairperson, b. one representative of the Oklahoma State Bureau of Investigation, c. one representative who is an active elected sheriff from the applicable region or a designee, ENGR. S. B. NO. 1407 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. one representative who is an active chief of poli ce from the applicable region or a designee, e. one representative from the Department of Mental Health and Substance Abuse Services, f. one elected district attorney f rom the applicable region or a designee, g. one representative from the Oklahoma Counter Terrorism Intelligence Center (OCTIC), h. one representative from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, i. one representative from the U. S. Marshals Service from the applicable region , and j. any other individuals deemed nece ssary by the Commissioner or coordinator. 3. In conjunction with the OCART coordinator, each OCART committee shall develop a plan for mounting a coordinated response to a verified child abduction. The plan shall include, but not be limited to, an outline of the procedure for verification of a child abduction, a notification of a child abduction, outreach to local law enforcement agencies, and member agency responsibili ties in the event of a verified child abduction. E. Within four (4) hours of receiving a report of verified child abduction, the law enforcement agency receiving the report shall notify the Oklahoma Counter Terrorism Intelligence Center . ENGR. S. B. NO. 1407 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. Law enforcement agencies of this state are hereby authorized to utilize the automated license plate r eaders (ALPRs) in carrying out a coordinated response to a verified child abduction. G. Each law enforcement member of an OCART committee shall receive initial trainin g and annual refresher training as determined by the Commissioner. SECTION 7. There is hereby appropriated to the Department of Public Safety for the purposes of the program established in Section 2 of this act from any monies not already appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2025, the sum of Three Hundred Thousand Dollars ($300,000.00) or so much thereof as may be necessary to implement the provisions of this act. SECTION 8. This act shall become effective July 1, 2024. SECTION 9. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall t ake effect and be in full force from and after its passage and approval. ENGR. S. B. NO. 1407 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the Senate the 12th day of March, 2024. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2024. Presiding Officer of t he House of Representatives