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Oklahoma Legislature· HB 1362Second Reading referred to Judiciary Committee then to Appropriations Committee

An act relating to crimes and punishments, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

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

3 HOUSE BILL 1362                By: Hardin and Worthen

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6                            AS INTRODUCED

7   An Act relating to crimes and punishments; making

    certain acts unlawful; providing penalties; providing

8   for the posting of a cash bail; authorizing courts to

    dismiss criminal prosecutions under certain

9   circumstances; remanding persons to the custody of

    the Department of Corrections; directing the

10  Department to notify certain federal agency to

    arrange transportation; providing for codification;

11  and declaring an emergency.

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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 of not less

23 than five (5) years.

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    Req. No. 12152                                         Page 1
1   B. A person arrested for a violation of this section may be

2 allowed to post a cash bond in an amount of not less than Thirty-

3 five Thousand Dollars ($35,000.00).

4   C. In lieu of the sentence of imprisonment, the court shall

5 have the authority to dismiss the criminal prosecution and issue a

6 written order discharging the person and requiring said individual

7 to return to his or her country of origin if:

8   1. The person agrees to the written order;

9   2. The person has not previously been convicted of a violent

10 crime, as provided for in Section 571 of Title 57 of the Oklahoma

11 Statutes, in this state or another state; and

12  3. The person is not charged with another felony offense.

13 Upon issuance of the written order, the court shall direct the law

14 enforcement agency having custody of the person to remand the person

15 to the custody of the Department of Corrections with instructions to

16 return the person to his or her country of origin.

17  D. Once the Department of Corrections receives custody of the

18 person, the Department of Corrections shall notify the United States

19 Customs and Border Protection of the Department of Homeland Security

20 within seven (7) days to arrange transportation for the repatriation

21 of said person back to his or her country of origin.

22  SECTION 2. It being immediately necessary for the preservation

23 of the public peace, health or safety, an emergency is hereby

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    Req. No. 12152                                                Page 2
1 declared to exist, by reason whereof this act shall take effect and

2 be in full force from and after its passage and approval.

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4   60-1-12152      TKR  01/14/25

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    Req. No. 12152                                           Page 3
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