HB 1639

This bill creates within the department of safety the office of homeland security. The commissioner of safety must appoint the head of the office. The office must employ such commissioned agents and noncommissioned personnel as may be necessary to carry out the operations of the office. Agents must be commissioned in accordance with present law that authorizes the office to apply to the commissioner to commission such number of its officers who directly support state, federal, and local law enforcement a ctivities involved in countering or responding to acts of terrorism, as the office must designate, to act as peace officers for the office. This bill authorizes the office to do all of the following:  Direct the state's homeland security activities.  Design, develop, and implement a comprehensive, coordinated strategy to secure this state from terrorist threats and attacks.  Work with related agencies of the federal government, agencies of local governments, agencies of other state governments, and related private sector entities on matters of homeland security.  At the request of the chief law enforcement officer of a state or local law enforcement agency, provide technical and investigative support.  Conduct overt and covert investigations and provide technical and investigative support into (i) threats or acts of terrorism or suspected terrorism; (ii) threats to, or attacks on, schools in accordance each local education agency's (LEA) policy establishing a threat assessment team; (iii) threats to, or attacks on, critical infrastructure, public safety, and public officials; (iv) protection of public officials, locations, and events; and (v) cyber-attacks and intrusions, cyber misinformation campaigns, and cyber disinformation campaigns.  Administer funds as may be authorized by the general assembly.  Coordinate policy related to school security according to the commissioner's state-level safety team and review school security plans.  Upon request of the secretary of state's office, assist with securing the state's election infrastructure.  Cooperate and exchange information with other state agencies, other law enforcement agencies, and federal, state, and local law enforcement stakeholders within and outside of this state, through a statewide information and intelligence center to obtain information to prevent, detect, and control crime and apprehend criminals. Additionally, this bill does not prohibit homeland security agents from investigating crimes not specifically referred to in this bill. Likewise, other law enforcement agencies are not prohibited from investigating crimes referred to in this bill. ACTING AS PEACE OFFICERS FOR THE OFFICE OF HOMELAND SECURITY Present law authorizes the office of homeland security to apply to the commissioner in order to commission certain officers who directly support state, federal, and local law enforcement activities involved in countering or responding to acts of terroris m, as the office must designate, to act as peace officers for the office of homeland security. The commissioner, upon such application, may appoint such person as the office of homeland security designates, or as many people as the governor deems proper to be such peace officers, and give commissions to those appointed. This bill removes the above provisions, and, instead, authorizes the commissioner of safety to commission such number of homeland security officers who directly support state, federal, and local law enforcement activities involved in countering or respon ding to acts of terrorism, as authorized by this bill, to act as peace officers for the office of homeland security. Present law provides that each homeland security officer has the powers of a peace officer, including that the officer may carry weapons for the reasonable purposes of their offices and while in the performance of their assigned duties. This bill adds t hat an officer may also carry weapons off-duty pursuant to present law, which authorizes any law enforcement officer to carry firearms at all times and in all places within the state, on-duty or off-duty. When the office of homeland security no longer requires the services of the peace officer so appointed, present law requires the office to file a notice to that effect with the commissioner's office and the powers of such peace officer cease and terminat e. This bill removes this provision. ON MARCH 19, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1880, AS AMENDED. AMENDMENT #1 makes the following changes:  Authorizes the office of homeland security to conduct investigations and provide technical and investigative support only where the office has reasonable grounds to believe a violation of the laws of this state has occurred, is occurring, or is imminent and the investigation relates to specific, listed threats.  Removes threats to, or attacks on, public safety as an authorized threat for investigations by the office of homeland security.  Clarifies that cybercrimes and cyber-enabled offenses that the office of homeland security may investigate include (i) unauthorized access to, intrusion into, or interference with the operation of a computer, computer system, computer network, or data; (ii) damage to, disruption of, of denial of service affecting critical infrastructure or essential government services; (iii) cyber-enabled fraud, extortion, ransomware, or theft; and (iv) online threats or coordinated cyber activity. However, a cyber misinformation campaign is not grounds for investigation by the office of homeland security unless there is a reasonable suspicion that the conduct is undertaken in furtherance of, or constitutes, a violation of the criminal laws of this state. ON MARCH 26, 2026, THE HOUSE SUBSTITUTED SENATE BILL 1800 FOR HOUSE BILL 1639, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1800, AS AMENDED. AMENDMENT #1 makes the following changes:  Clarifies that the office of homeland security is authorized to assist related agencies of the federal government agencies of local governments, agencies of other state governments, and related private sector entities on matters of homeland security.  Clarifies that the office may conduct investigations and provide technical and investigative support when the office has reasonable suspicion , instead of reasonable grounds , to believe a violation of the laws of this state has occurred, is occurring, or is imminent, and the investigation relates to the threats, protection, and cybercrimes described in the bill summary.  Provides that homeland security agents are not prohibited from investigating crimes not specifically referred to in this bill if such crimes are discovered in furtherance of an investigation of a crime the agent is authorized to investigate.