Bill Text For HB2336 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 9, 2019                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 2336                        By: Roberts (Sean) of the House   |
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 5|                                         and                           |
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 6|                                         Bullard of the Senate         |
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  |       An Act relating to firearms; amending 21 O.S. 2011,             |
10|       Section 1277, as last amended by Section 2 of                   |
  |       Enrolled House Bill No. 2597 of the 1st Session of              |
11|       the 57th Oklahoma Legislature, which relates to the             |
  |       unlawful carrying of firearms on certain property;              |
12|       updating statutory reference; authorizing handgun               |
  |       licensees to carry on school property under certain             |
13|       circumstances; amending 21 O.S. 2011, Section 1280.1,           |
  |       as last amended by Section 2, Chapter 310, O.S.L.               |
14|       2015 (21 O.S. Supp. 2018, Section 1280.1), which                |
  |       relates to the possession of firearms on school                 |
15|       property; updating statutory reference; authorizing             |
  |       handgun licensees to carry on school property under             |
16|       certain circumstances; amending Section 3, Chapter              |
  |       310, O.S.L. 2015 (70 O.S. Supp. 2018, Section                   |
17|       5-149.2), which relates to the authorization of                 |
  |       certain persons to carry handguns on school property;           |
18|       authorizing school boards to adopt policies related             |
  |       to the carrying of handguns on school property;                 |
19|       stating qualifications for designated personnel;                |
  |       authorizing boards of education to designate school             |
20|       personnel to attend certain training programs;                  |
  |       clarifying immunity from liability provision; and               |
21|       providing an effective date.                                    |
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22|                                                                       |
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23|                                                                       |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 1|    SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1277, as       |
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 2|last amended by Section 2 of Enrolled House Bill No. 2597 of the 1st   |
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 3|Session of the 57th Oklahoma Legislature, is amended to read as        |
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 4|follows:                                                               |
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 5|    Section 1277.                                                      |
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 6|                  UNLAWFUL CARRY IN CERTAIN PLACES                     |
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 7|    A.  It shall be unlawful for any person, including a person in     |
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 8|possession of a valid handgun license issued pursuant to the           |
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 9|provisions of the Oklahoma Self-Defense Act, to carry any concealed    |
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10|or unconcealed handgun into any of the following places:               |
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11|    1.  Any structure, building, or office space which is owned or     |
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12|leased by a city, town, county, state or federal governmental          |
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13|authority for the purpose of conducting business with the public;      |
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14|    2.  Any courthouse, courtroom, prison, jail, detention facility    |
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15|or any facility used to process, hold or house arrested persons,       |
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16|prisoners or persons alleged delinquent or adjudicated delinquent,     |
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17|except as provided in Section 21 of Title 57 of the Oklahoma           |
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18|Statutes;                                                              |
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19|    3.  Any public or private elementary or public or private          |
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20|secondary school, except as provided in subsections C and D of this    |
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21|section;                                                               |
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22|    4.  Any publicly owned or operated sports arena or venue during    |
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23|a professional sporting event, unless allowed by the event holder;     |
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 1|    5.  Any place where gambling is authorized by law, unless          |
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 2|allowed by the property owner; and                                     |
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 3|    6.  Any other place specifically prohibited by law.                |
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 4|    B.  For purposes of subsection A of this section, the prohibited   |
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 5|place does not include and specifically excludes the following         |
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 6|property:                                                              |
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 7|    1.  Any property set aside for the use or parking of any           |
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 8|vehicle, whether attended or unattended, by a city, town, county,      |
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 9|state or federal governmental authority;                               |
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10|    2.  Any property set aside for the use or parking of any           |
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11|vehicle, whether attended or unattended, which is open to the          |
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12|public, or by any entity engaged in gambling authorized by law;        |
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13|    3.  Any property adjacent to a structure, building or office       |
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14|space in which concealed or unconcealed weapons are prohibited by      |
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15|the provisions of this section;                                        |
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16|    4.  Any property designated by a city, town, county or state       |
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17|governmental authority as a park, recreational area, wildlife          |
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18|refuge, wildlife management area or fairgrounds; provided, nothing     |
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19|in this paragraph shall be construed to authorize any entry by a       |
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20|person in possession of a concealed or unconcealed firearm into any    |
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21|structure, building or office space which is specifically prohibited   |
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22|by the provisions of subsection A of this section; and                 |
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23|    5.  Any property set aside by a public or private elementary or    |
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24|secondary school for the use or parking of any vehicle, whether        |
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arsid9986609 SENATE FLOOR VERSION - HB2336 SFLR                    Page 3
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 1|attended or unattended; provided, however, the firearm shall be        |
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 2|stored and hidden from view in a locked motor vehicle when the motor   |
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 3|vehicle is left unattended on school property.                         |
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 4|    Nothing contained in any provision of this subsection or           |
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 5|subsection C of this section shall be construed to authorize or        |
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 6|allow any person in control of any place described in subsection A     |
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 7|of this section to establish any policy or rule that has the effect    |
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 8|of prohibiting any person in lawful possession of a handgun license    |
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 9|or otherwise in lawful possession of a firearm from carrying or        |
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10|possessing the firearm on the property described in this subsection.   |
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11|    C.  A concealed or unconcealed weapon may be carried onto          |
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12|private school property or in any school bus or vehicle used by any    |
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13|private school for transportation of students or teachers by a         |
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14|person who is licensed pursuant to the Oklahoma Self-Defense Act,      |
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15|provided a policy has been adopted by the governing entity of the      |
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16|private school that authorizes the carrying and possession of a        |
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17|weapon on private school property or in any school bus or vehicle      |
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18|used by a private school.  Except for acts of gross negligence or      |
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19|willful or wanton misconduct, a governing entity of a private school   |
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20|that adopts a policy which authorizes the possession of a weapon on    |
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21|private school property, a school bus or vehicle used by the private   |
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22|school shall be immune from liability for any injuries arising from    |
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23|the adoption of the policy.  The provisions of this subsection shall   |
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24|                                                                       |
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 1|not apply to claims pursuant to the Administrative Workers'            |
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 2|Compensation Act.                                                      |
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 3|    D.  Notwithstanding paragraph 3 of subsection A of this section,   |
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 4|a board of education of a school district may adopt a policy           |
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 5|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to    |
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 6|authorize the carrying of a handgun onto school property by school     |
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 7|personnel specifically designated by the board of education,           |
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 8|provided such personnel either:                                        |
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 9|    1.  Possess a valid armed security guard license as provided for   |
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10|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes the     |
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11|Oklahoma Security Guard and Private Investigator Act; or               |
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12|    2.  Hold a valid reserve peace officer certification as provided   |
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13|for in Section 3311 of Title 70 of the Oklahoma Statutes; or           |
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14|    3.  Possess a valid handgun license issued pursuant to the         |
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15|provisions of the Oklahoma Self-Defense Act and meet other             |
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16|requirements authorized by the board of education.                     |
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17|    Nothing in this subsection shall be construed to restrict          |
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18|authority granted elsewhere in law to carry firearms.                  |
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19|    E.  Any person violating the provisions of paragraph 2 or 3 of     |
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20|subsection A of this section shall, upon conviction, be guilty of a    |
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21|misdemeanor punishable by a fine not to exceed Two Hundred Fifty       |
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22|Dollars ($250.00).  A person violating any other provision of          |
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23|subsection A of this section may be denied entrance onto the           |
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24|property or removed from the property.  If the person refuses to       |
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 1|leave the property and a peace officer is summoned, the person may     |
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 2|be issued a citation for an amount not to exceed Two Hundred Fifty     |
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 3|Dollars ($250.00).                                                     |
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 4|    F.  No person in possession of a valid handgun license issued      |
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 5|pursuant to the provisions of the Oklahoma Self-Defense Act or who     |
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 6|is carrying or in possession of a firearm as otherwise permitted by    |
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 7|law or who is carrying or in possession of a machete, blackjack,       |
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 8|loaded cane, hand chain or metal knuckles shall be authorized to       |
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 9|carry the firearm, machete, blackjack, loaded cane, hand chain or      |
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10|metal knuckles into or upon any college, university or technology      |
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11|center school property, except as provided in this subsection.  For    |
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12|purposes of this subsection, the following property shall not be       |
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13|construed to be college, university or technology center school        |
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14|property:                                                              |
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15|    1.  Any property set aside for the use or parking of any           |
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16|vehicle, whether attended or unattended, provided the firearm,         |
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17|machete, blackjack, loaded cane, hand chain or metal knuckles is       |
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18|carried or stored as required by law and the firearm, machete,         |
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19|blackjack, loaded cane, hand chain or metal knuckles is not removed    |
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20|from the vehicle without the prior consent of the college or           |
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21|university president or technology center school administrator while   |
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22|the vehicle is on any college, university or technology center         |
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23|school property;                                                       |
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 1|    2.  Any property authorized for possession or use of firearms,     |
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 2|machetes, blackjacks, loaded canes, hand chains or metal knuckles by   |
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 3|college, university or technology center school policy; and            |
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 4|    3.  Any property authorized by the written consent of the          |
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 5|college or university president or technology center school            |
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 6|administrator, provided the written consent is carried with the        |
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 7|firearm, machete, blackjack, loaded cane, hand chain or metal          |
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 8|knuckles and the valid handgun license while on college, university    |
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 9|or technology center school property.                                  |
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10|    The college, university or technology center school may notify     |
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11|the Oklahoma State Bureau of Investigation within ten (10) days of a   |
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12|violation of any provision of this subsection by a licensee.  Upon     |
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13|receipt of a written notification of violation, the Bureau shall       |
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14|give a reasonable notice to the licensee and hold a hearing.  At the   |
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15|hearing, upon a determination that the licensee has violated any       |
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16|provision of this subsection, the licensee may be subject to an        |
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17|administrative fine of Two Hundred Fifty Dollars ($250.00) and may     |
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18|have the handgun license suspended for three (3) months.               |
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19|    Nothing contained in any provision of this subsection shall be     |
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20|construed to authorize or allow any college, university or             |
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21|technology center school to establish any policy or rule that has      |
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22|the effect of prohibiting any person in lawful possession of a         |
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23|handgun license or any person in lawful possession of a firearm,       |
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24|machete, blackjack, loaded cane, hand chain or metal knuckles from     |
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 1|possession of a firearm, machete, blackjack, loaded cane, hand chain   |
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 2|or metal knuckles in places described in paragraphs 1, 2 and 3 of      |
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 3|this subsection.  Nothing contained in any provision of this           |
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 4|subsection shall be construed to limit the authority of any college,   |
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 5|university or technology center school in this state from taking       |
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 6|administrative action against any student for any violation of any     |
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 7|provision of this subsection.                                          |
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 8|    G.  The provisions of this section shall not apply to the          |
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 9|following:                                                             |
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10|    1.  Any peace officer or any person authorized by law to carry a   |
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11|firearm in the course of employment;                                   |
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12|    2.  District judges, associate district judges and special         |
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13|district judges, who are in possession of a valid handgun license      |
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14|issued pursuant to the provisions of the Oklahoma Self-Defense Act     |
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15|and whose names appear on a list maintained by the Administrative      |
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16|Director of the Courts, when acting in the course and scope of         |
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17|employment within the courthouses of this state;                       |
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18|    3.  Private investigators with a firearms authorization when       |
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19|acting in the course and scope of employment;                          |
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20|    4.  Elected officials of a county, who are in possession of a      |
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21|valid handgun license issued pursuant to the provisions of the         |
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22|Oklahoma Self-Defense Act, may carry a concealed handgun when acting   |
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23|in the performance of their duties within the courthouses of the       |
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24|county in which he or she was elected.  The provisions of this         |
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 1|paragraph shall not allow the elected county official to carry the     |
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 2|handgun into a courtroom;                                              |
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 3|    5.  The sheriff of any county may authorize certain employees of   |
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 4|the county, who possess a valid handgun license issued pursuant to     |
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 5|the provisions of the Oklahoma Self-Defense Act, to carry a            |
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 6|concealed handgun when acting in the course and scope of employment    |
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 7|within the courthouses in the county in which the person is            |
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 8|employed.  Nothing in this act shall prohibit the sheriff from         |
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 9|requiring additional instruction or training before receiving          |
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10|authorization to carry a concealed handgun within the courthouse.      |
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11|The provisions of this paragraph and of paragraph 6 of this            |
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12|subsection shall not allow the county employee to carry the handgun    |
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13|into a courtroom, sheriff's office, adult or juvenile jail or any      |
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14|other prisoner detention area; and                                     |
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15|    6.  The board of county commissioners of any county may            |
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16|authorize certain employees of the county, who possess a valid         |
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17|handgun license issued pursuant to the provisions of the Oklahoma      |
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18|Self-Defense Act, to carry a concealed handgun when acting in the      |
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19|course and scope of employment on county annex facilities or grounds   |
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20|surrounding the county courthouse.                                     |
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21|    H.  For the purposes of this section, "motor vehicle" means any    |
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22|automobile, truck, minivan or sports utility vehicle.                  |
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 1|    SECTION 2.     AMENDATORY     21 O.S. 2011, Section 1280.1, as     |
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 2|last amended by Section 2, Chapter 310, O.S.L. 2015 (21 O.S. Supp.     |
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 3|2018, Section 1280.1), is amended to read as follows:                  |
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 4|    Section 1280.1                                                     |
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 5|              POSSESSION OF FIREARM ON SCHOOL PROPERTY                 |
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 6|    A.  It shall be unlawful for any person to have in his or her      |
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 7|possession on any public or private school property or while in any    |
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 8|school bus or vehicle used by any school for transportation of         |
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 9|students or teachers any firearm or weapon designated in Section       |
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10|1272 of this title, except as provided in subsection C of this         |
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11|section or as otherwise authorized by law.                             |
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12|    B.  For purposes of this section:                                  |
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13|    1.  "School property" means any publicly owned property held for   |
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14|purposes of elementary, secondary or vocational-technical education,   |
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15|and shall not include property owned by public school districts or     |
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16|where such property is leased or rented to an individual or            |
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17|corporation and used for purposes other than educational;              |
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18|    2.  "Private school" means a school that offers a course of        |
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19|instruction for students in one or more grades from prekindergarten    |
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20|through grade twelve and is not operated by a governmental entity;     |
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21|and                                                                    |
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22|    3.  "Motor vehicle" means any automobile, truck, minivan or        |
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23|sports utility vehicle.                                                |
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24|                                                                       |
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 1|    C.  Firearms and weapons are allowed on school property and        |
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 2|deemed not in violation of subsection A of this section as follows:    |
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 3|    1.  A gun or knife designed for hunting or fishing purposes kept   |
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 4|in a privately owned vehicle and properly displayed or stored as       |
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 5|required by law, provided such vehicle containing said gun or knife    |
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 6|is driven onto school property only to transport a student to and      |
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 7|from school and such vehicle does not remain unattended on school      |
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 8|property;                                                              |
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 9|    2.  A gun or knife used for the purposes of participating in the   |
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10|Oklahoma Department of Wildlife Conservation certified hunter          |
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11|training education course or any other hunting, fishing, safety or     |
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12|firearms training courses, or a recognized firearms sports event,      |
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13|team shooting program or competition, or living history reenactment,   |
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14|provided the course or event is approved by the principal or chief     |
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15|administrator of the school where the course or event is offered,      |
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16|and provided the weapon is properly displayed or stored as required    |
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17|by law pending participation in the course, event, program or          |
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18|competition;                                                           |
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19|    3.  Weapons in the possession of any peace officer or other        |
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20|person authorized by law to possess a weapon in the performance of     |
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21|his or her duties and responsibilities;                                |
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22|    4.  A concealed or unconcealed weapon carried onto private         |
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23|school property or in any school bus or vehicle used by any private    |
  |                                                                       |
24|school for transportation of students or teachers by a person who is   |
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 1|licensed pursuant to the Oklahoma Self-Defense Act, provided a         |
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 2|policy has been adopted by the governing entity of the private         |
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 3|school that authorizes the possession of a weapon on private school    |
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 4|property or in any school bus or vehicle used by a private school.     |
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 5|Except for acts of gross negligence or willful or wanton misconduct,   |
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 6|a governing entity of a private school that adopts a policy which      |
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 7|authorizes the possession of a weapon on private school property, a    |
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 8|school bus or vehicle used by the private school shall be immune       |
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 9|from liability for any injuries arising from the adoption of the       |
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10|policy.  The provisions of this paragraph shall not apply to claims    |
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11|pursuant to the Workers' Compensation Code;                            |
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12|    5.  A gun, knife, bayonet or other weapon in the possession of a   |
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13|member of a veterans group, the national guard, active military, the   |
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14|Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to    |
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15|participate in a ceremony, assembly or educational program approved    |
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16|by the principal or chief administrator of a school or school          |
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17|district where the ceremony, assembly or educational program is        |
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18|being held; provided, however, the gun or other weapon that uses       |
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19|projectiles is not loaded and is inoperable at all times while on      |
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20|school property;                                                       |
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21|    6.  A handgun carried in a motor vehicle pursuant to a valid       |
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22|handgun license authorized by the Oklahoma Self-Defense Act onto       |
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23|property set aside by a public or private elementary or secondary      |
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24|school for the use or parking of any vehicle; provided, however,       |
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 1|said handgun shall be stored and hidden from view in a locked motor    |
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 2|vehicle when the motor vehicle is left unattended on school            |
  |                                                                       |
 3|property; and                                                          |
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 4|    7.  A handgun carried onto public school property by school        |
  |                                                                       |
 5|personnel who have been designated by the board of education,          |
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 6|provided such personnel either:                                        |
  |                                                                       |
 7|         a.    possess a valid armed security guard license as         |
  |                                                                       |
 8|              provided for in Section 1750.1 et seq. of Title 59 of    |
  |                                                                       |
 9|              the Oklahoma Statutes the Oklahoma Security Guard and    |
  |                                                                       |
10|              Private Investigator Act, or                             |
  |                                                                       |
11|         b.    hold a valid reserve peace officer certification as     |
  |                                                                       |
12|              provided for in Section 3311 of Title 70 of the          |
  |                                                                       |
13|              Oklahoma Statutes, or                                    |
  |                                                                       |
14|         c.    possess a valid handgun license issued pursuant to      |
  |                                                                       |
15|              the provisions of the Oklahoma Self-Defense Act and      |
  |                                                                       |
16|              meet other requirements authorized by the board of       |
  |                                                                       |
17|              education,                                               |
  |                                                                       |
18|if a policy has been adopted by the board of education of the school   |
  |                                                                       |
19|district that authorizes the carrying of a handgun onto public         |
  |                                                                       |
20|school property by such personnel.  Nothing in this subsection shall   |
  |                                                                       |
21|be construed to restrict authority granted elsewhere in law to carry   |
  |                                                                       |
22|firearms.                                                              |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid9986609 SENATE FLOOR VERSION - HB2336 SFLR                    Page 13
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 1|    D.  Any person violating the provisions of this section shall,     |
  |                                                                       |
 2|upon conviction, be guilty of a misdemeanor punishable by a fine of    |
  |                                                                       |
 3|not to exceed Two Hundred Fifty Dollars ($250.00).                     |
  |                                                                       |
 4|    SECTION 3.     AMENDATORY     Section 3, Chapter 310, O.S.L.       |
  |                                                                       |
 5|2015 (70 O.S. Supp. 2018, Section 5-149.2), is amended to read as      |
  |                                                                       |
 6|follows:                                                               |
  |                                                                       |
 7|    Section 5-149.2  A.  The board of education of a school district   |
  |                                                                       |
 8|may, through a majority vote of the board, designate adopt a policy    |
  |                                                                       |
 9|to authorize the carrying of a handgun onto school property by         |
  |                                                                       |
10|school personnel who have been issued a handgun license pursuant to    |
  |                                                                       |
11|the Oklahoma Self-Defense Act to attend an specifically designated     |
  |                                                                       |
12|by the board of education, provided such personnel either:             |
  |                                                                       |
13|    1.  Possess a valid armed security guard license as provided for   |
  |                                                                       |
14|in the Oklahoma Security Guard and Private Investigator Act;           |
  |                                                                       |
15|    2.  Hold a valid reserve peace officer certification as provided   |
  |                                                                       |
16|for in Section 3311 of Title 70 of the Oklahoma Statutes; or           |
  |                                                                       |
17|    3.  Possess a valid handgun license issued pursuant to the         |
  |                                                                       |
18|provisions of the Oklahoma Self-Defense Act and meet other             |
  |                                                                       |
19|requirements authorized by the board of education.                     |
  |                                                                       |
20|    B.  The board of education of a school district may, through a     |
  |                                                                       |
21|majority vote of the board, designate school personnel to attend an    |
  |                                                                       |
22|armed security guard training program, as provided for in Section      |
  |                                                                       |
23|1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace        |
  |                                                                       |
24|officer certification program, as provided for in Section 3311 of      |
  |                                                                       |
arsid9986609 SENATE FLOOR VERSION - HB2336 SFLR                    Page 14
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 1|Title 70 of the Oklahoma Statutes, provided and developed by the       |
  |                                                                       |
 2|Council on Law Enforcement Education and Training (CLEET).  Nothing    |
  |                                                                       |
 3|in this section shall be construed to prohibit or limit the board of   |
  |                                                                       |
 4|education of a school district from requiring ongoing education and    |
  |                                                                       |
 5|training.                                                              |
  |                                                                       |
 6|    B. C.  Participation in either the armed security guard training   |
  |                                                                       |
 7|program or the reserve peace officer certification program shall be    |
  |                                                                       |
 8|voluntary and shall not in any way be considered a requirement for     |
  |                                                                       |
 9|continued employment with the school district.  The board of           |
  |                                                                       |
10|education of a school district shall have the final authority to       |
  |                                                                       |
11|determine and designate the school personnel who will be authorized    |
  |                                                                       |
12|to obtain and use an armed security guard license or, reserve peace    |
  |                                                                       |
13|officer certification or handgun license in conjunction with their     |
  |                                                                       |
14|his or her employment as school personnel.                             |
  |                                                                       |
15|    C. D.  The board of education of a school district that            |
  |                                                                       |
16|authorizes school personnel to participate in either the armed         |
  |                                                                       |
17|security guard program or the reserve peace officer program may pay    |
  |                                                                       |
18|all necessary training, meal and lodging expenses associated with      |
  |                                                                       |
19|the training.                                                          |
  |                                                                       |
20|    D. E.  When carrying a firearm pursuant to the provisions of       |
  |                                                                       |
21|this act, the person shall at all times carry the firearm on his or    |
  |                                                                       |
22|her person or the firearm shall be stored in a locked and secure       |
  |                                                                       |
23|location.                                                              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid9986609 SENATE FLOOR VERSION - HB2336 SFLR                    Page 15
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 1|    E. F.  Any school personnel who have successfully completed        |
  |                                                                       |
 2|either armed security guard training, reserve peace officer            |
  |                                                                       |
 3|certification training or handgun license training and while acting    |
  |                                                                       |
 4|in good faith shall be immune from civil and criminal liability for    |
  |                                                                       |
 5|any injury resulting from the carrying of a handgun onto public        |
  |                                                                       |
 6|school property as provided for in this act.  Any board of education   |
  |                                                                       |
 7|of a school district or participating local law enforcement agency     |
  |                                                                       |
 8|shall be immune from civil and criminal liability for any injury       |
  |                                                                       |
 9|resulting from any act committed by school personnel who are           |
  |                                                                       |
10|designated to carry a concealed handgun on public school property      |
  |                                                                       |
11|pursuant to the provisions of this act.                                |
  |                                                                       |
12|    F. G.  In order to carry out the provisions of this section, the   |
  |                                                                       |
13|board of education of a school district is authorized to enter into    |
  |                                                                       |
14|a memorandum of understanding with local law enforcement entities.     |
  |                                                                       |
15|    SECTION 4.  This act shall become effective November 1, 2019.      |
  |                                                                       |
16|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 9, 2019 - DO PASS                                                |
17|                                                                       |
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18|                                                                       |
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19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid9986609 SENATE FLOOR VERSION - HB2336 SFLR                    Page 16
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