1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 2nd Session of the 59th Legislature (2024) |
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4|COMMITTEE SUBSTITUTE |
|FOR ENGROSSED |
5|SENATE BILL NO. 1100 By: Rosino of the Senate |
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6| and |
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7| Bashore of the House |
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8| |
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9| |
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10| COMMITTEE SUBSTITUTE |
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11| An Act relating to crimes and punishments; amending |
| 21 O.S. 2021, Section 1172, which relates to obscene, |
12| threatening, or harassing telecommunication or other |
| electronic communications; prohibiting certain |
13| communications through online platforms; defining |
| terms; modifying punishments for certain misdemeanor |
14| and felony offenses; amending 21 O.S. 2021, Section |
| 1953, which relates to the Oklahoma Computer Crimes |
15| Act; making certain acts unlawful; creating felony |
| offense; and providing an effective date. |
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17| |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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19| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1172, is |
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20|amended to read as follows: |
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21| Section 1172. A. It shall be unlawful for a person who to, by |
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22|means of a telecommunication or, other electronic communication |
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23|device, or online platform, willfully either: |
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24| |
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1| 1. Makes Make any comment, request, suggestion, or proposal |
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2|which is obscene, lewd, lascivious, filthy, or indecent with intent |
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3|to harass or threaten to inflict injury, physical harm, or severe |
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4|emotional distress to any person; |
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5| 2. Makes Make a telecommunication or, other electronic |
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6|communication, or post on an online platform including text, sound, |
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7|or images with intent to terrify, intimidate or harass, or threaten |
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8|to inflict injury or, physical harm, or severe emotional distress to |
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9|any person or property of that person; |
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10| 3. Makes Make a telecommunication or, other electronic |
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11|communication, or post on an online platform whether or not |
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12|conversation ensues, with intent to put the party called any person |
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13|in fear of physical harm or death; |
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14| 4. Makes Make a telecommunication or, other electronic |
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15|communication, or post on an online platform including text, sound, |
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16|or images whether or not conversation ensues, without disclosing the |
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17|identity of the person making the call or, communication, or post |
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18|and with intent to annoy, abuse, threaten, or harass any person at |
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19|which the called number communication is directed; |
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20| 5. Knowingly permits permit any telecommunication or, other |
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21|electronic communication, or online platform account under the |
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22|control of the person to be used for any purpose prohibited by this |
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23|section; and |
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24| |
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1| 6. In conspiracy or concerted action with other persons, makes |
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2|make repeated or simultaneous calls or, electronic communications or |
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3|simultaneous calls or electronic communications posts on an online |
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4|platform solely to harass any person at the called number(s) number |
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5|or on the online platform; or |
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6| 7. Commit an act of bullying, as defined in Section 24-100.3 of |
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7|Title 70 of the Oklahoma Statutes. |
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8| B. As used in this section, "telecommunication": |
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9| 1. "Online platform" means a website or online application that |
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10|is open to the public, allows a user to create an account, and |
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11|enables users to communicate with other users for the primary |
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12|purpose of posting information, comments, messages, or images; |
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13| 2. "Telecommunication" and "electronic communication" mean |
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14|means any type of telephonic, electronic, or radio communications, |
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15|or transmission of signs, signals, data, writings, images and |
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16|sounds, or intelligence of any nature by telephone, including |
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17|cellular telephones, wire, cable, radio, electromagnetic, |
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18|photoelectronic, or photo-optical system or the creation, display, |
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19|management, storage, processing, transmission, or distribution of |
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20|images, text, voice, video, or data by wire, cable, or wireless |
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21|means, including the Internet. The term includes a: |
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22| 1. A |
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1| a. communication initiated by electronic mail, instant |
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2| message, network call, or facsimile machine including |
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3| text, sound, or images;, |
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4| 2. A |
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5| b. communication made to a pager;, or |
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6| 3. A |
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7| c. communication including text, sound, or images posted |
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8| to a social media or other public media source; and |
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9| 3. "Severe emotional distress" means significant mental |
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10|suffering or distress that requires medical or other professional |
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11|treatment or counseling. |
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12| C. Use of a telephone or other electronic communications |
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13|facility under this section shall include all use made of such a |
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14|facility between the points of origin and reception. Any offense |
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15|under this section is a continuing offense and shall be deemed to |
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16|have been committed at either the place of origin or the place of |
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17|reception. |
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18| D. Except as provided in subsection E of this section, any |
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19| 1. Any person who is convicted of under the provisions of |
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20|subsection A of this section, shall be guilty of a misdemeanor |
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21|punishable by a fine not to exceed Five Hundred Dollars ($500.00), |
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22|or by imprisonment in the county jail not to exceed one (1) year, or |
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23|by both such fine and imprisonment. |
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24| |
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1| E. 2. Any person who is convicted of a second offense under the |
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2|provisions of subsection A of this section shall be guilty of a |
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3|felony punishable by a fine not to exceed One Thousand Dollars |
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4|($1,000.00), or by imprisonment in the custody of the Department of |
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5|Corrections not to exceed two (2) years, or by both such fine and |
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6|imprisonment. |
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7| 3. Any person who is convicted of a third or subsequent offense |
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8|under the provisions of subsection A of this section shall be guilty |
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9|of a felony punishable by a fine of not less than Five Thousand |
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10|Dollars ($5,000.00) and not more than One Hundred Thousand Dollars |
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11|($100,000.00), or by imprisonment in the custody of the Department |
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12|of Corrections not to exceed ten (10) years, or by both such fine |
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13|and imprisonment. |
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14| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1953, is |
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15|amended to read as follows: |
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16| Section 1953. A. It shall be unlawful to: |
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17| 1. Willfully, and without authorization, gain or attempt to |
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18|gain access to and damage, modify, alter, delete, destroy, copy, |
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19|make use of, use malicious computer programs on, disclose or take |
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20|possession of a computer, computer system, computer network, data or |
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21|any other property; |
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22| 2. Use a computer, computer system, computer network or any |
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23|other property as hereinbefore defined for the purpose of devising |
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24|or executing a scheme or artifice with the intent to defraud, |
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1|deceive, extort or for the purpose of controlling or obtaining |
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2|money, property, data, services or other thing of value by means of |
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3|a false or fraudulent pretense or representation; |
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4| 3. Willfully exceed the limits of authorization and damage, |
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5|modify, alter, destroy, copy, delete, disclose or take possession of |
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6|a computer, computer system, computer network, data or any other |
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7|property; |
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8| 4. Willfully and without authorization, gain or attempt to gain |
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9|access to a computer, computer system, computer network, data or any |
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10|other property; |
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11| 5. Willfully and without authorization use or cause to be used |
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12|computer services; |
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13| 6. Willfully and without authorization disrupt or cause the |
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14|disruption of computer services or deny or cause the denial of |
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15|access or other computer services to an authorized user of a |
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16|computer, computer system or computer network, other than an |
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17|authorized entity acting for a legitimate business purpose with the |
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18|effective consent of the owner; |
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19| 7. Willfully and without authorization provide or assist in |
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20|providing a means of accessing a computer, computer system, data or |
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21|computer network in violation of this section; |
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22| 8. Willfully use a computer, computer system, or computer |
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23|network to annoy, abuse, threaten, or harass another person, or |
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1|other electronic device or system that violates a provision of |
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2|subsection A of Section 1172 of this title; |
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3| 9. Willfully use a computer, computer system, or computer |
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4|network, or other electronic device or system to put another person |
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5|in fear of physical harm or death; and |
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6| 10. Willfully use a computer, computer system, computer |
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7|network, or other electronic device or system to violate any of the |
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8|provisions provided for in Sections 813, 814, or 815 of this title; |
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9|or |
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10| 11. Willfully solicit another, regardless of any financial |
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11|consideration or exchange of property, of any acts described in |
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12|paragraphs 1 through 9 10 of this subsection. |
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13| B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9 |
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14|or, 10, or 11 of subsection A of this section shall be guilty of a |
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15|felony punishable as provided in Section 1955 of this title. |
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16| C. Any person convicted of violating paragraph 4, 5 or 8 of |
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17|subsection A of this section shall be guilty of a misdemeanor. |
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18| D. Nothing in the Oklahoma Computer Crimes Act shall be |
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19|construed to prohibit the monitoring of computer usage of, or the |
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20|denial of computer or Internet access to, a child by a parent, legal |
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21|guardian, legal custodian, or foster parent. As used in this |
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22|subsection, "child" shall mean any person less than eighteen (18) |
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23|years of age. |
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1| E. Nothing in the Oklahoma Computer Crimes Act shall be |
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2|construed to prohibit testing by an authorized entity, the purpose |
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3|of which is to provide to the owner or operator of the computer, |
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4|computer system or computer network an evaluation of the security of |
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5|the computer, computer system or computer network against real or |
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6|imagined threats or harms. |
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7| SECTION 3. This act shall become effective November 1, 2024. |
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9|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated |
|04/10/2024 - DO PASS, As Amended. |
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