An act relating to crimes and punishments, the official text

1                            STATE OF OKLAHOMA

2                1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1312            By: Humphrey

4

5

6                            AS INTRODUCED

7   An Act relating to crimes and punishments; making

    certain acts unlawful; providing penalties;

8   authorizing courts to suspend criminal prosecutions

    under certain circumstances; remanding persons to the

9   custody of the Department of Corrections; directing

    the Department to notify certain federal agency to

10  arrange transportation; providing for revocation of

    sentence under certain circumstances; providing for

11  codification; and providing an effective date.

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13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 447 of Title 21, unless there is

17 created a duplication in numbering, reads as follows:

18  A. Any person who is apprehended and arrested for violating a

19 criminal law of this state and, after determining the citizenship

20 status of the person is found to be unlawfully present in the United

21 States, shall be guilty of a felony punishable by imprisonment in

22 the custody of the Department of Corrections for a term not to

23 exceed life.

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    Req. No. 10122                                                 Page 1
1   B. In lieu of the sentence of imprisonment, the court shall

2 have the authority to suspend the criminal prosecution and issue a

3 written order discharging the person and requiring said individual

4 to return to his or her country of origin. Upon issuance of the

5 written order, the court shall direct the law enforcement agency

6 having custody of the person to remand the person to the custody of

7 the Department of Corrections with instructions to return the person

8 to his or her country of origin.

9   C. Once the Department receives custody of the person, the

10 Department shall notify the United States Customs and Border

11 Protection of the Department of Homeland Security to arrange

12 transportation for the repatriation of said person back to his or

13 her country of origin.

14  D. Should the person return to the State of Oklahoma after

15 repatriation and be apprehended by law enforcement, the person shall

16 be subject to revocation of the suspended sentence and ordered by

17 the court to serve the entirety of his or her original sentence of

18 imprisonment.

19  SECTION 2. This act shall become effective November 1, 2025.

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21  60-1-10122      GRS    01/08/25

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    Req. No. 10122                                               Page 2