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Back to HB 3764
Oklahoma Legislature· HB 3764Approved by Governor 05/12/2026

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   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3764            By: Turner

4

5

6                            AS INTRODUCED

7   An Act relating to crimes and punishments; creating

    the Foreign Terrorist Organization Felony Enhancement

8   Act; defining term; providing for enhancement of

    felony sentences under certain circumstances; making

9   enhanced punishment applicable to mandatory minimum

    sentences; prohibiting the suspension or deferral of

10  sentences; directing courts to make certain

    determination; allowing courts to take judicial

11  notice of certain designations; providing burden of

    proof requirements; deeming association, membership,

12  or knowing support of certain organizations as an

    aggravating factor; providing for codification; and

13  declaring an emergency.

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

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

19 in the Oklahoma Statutes as Section 1269 of Title 21, unless there

20 is created a duplication in numbering, reads as follows:

21  This act shall be known and may be cited as the "Foreign

22 Terrorist Organization Felony Enhancement Act".

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    Req. No. 15318                                            Page 1
1   SECTION 2.      NEW LAW    A new section of law to be codified

2 in the Oklahoma Statutes as Section 1269.1 of Title 21, unless there

3 is created a duplication in numbering, reads as follows:

4   As used in the Foreign Terrorist Organization Felony Enhancement

5 Act, the term "designated foreign terrorist organization" means any

6 organization designated by the United States Department of State,

7 pursuant to Section 219 of the Immigration and Nationality Act,

8 Section 1189 of Title 8 of the United States Code.

9   SECTION 3.      NEW LAW    A new section of law to be codified

10 in the Oklahoma Statutes as Section 1269.2 of Title 21, unless there

11 is created a duplication in numbering, reads as follows:

12  A. If a person is convicted of a felony offense under the laws

13 of this state, and it is proven beyond a reasonable doubt that, at

14 the time the felony offense was committed, the person was a member

15 of, acting on behalf of, or knowingly supporting a designated

16 foreign terrorist organization, the sentence shall be enhanced as

17 follows:

18  1. The term of imprisonment imposed shall be not less than

19 twice the maximum sentence that could have been imposed for a first

20 conviction for the underlying felony offense; and

21  2. Any fine imposed shall be not less than twice the maximum

22 fine that could have been imposed for a first conviction for the

23 underlying felony offense.

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    Req. No. 15318                                                 Page 2
1       B. The enhanced term of imprisonment and fine provided for in

2 subsection A of this section shall apply in addition to, and not in

3 place of, any mandatory minimum sentence applicable to the

4 underlying offense.

5       C. The enhanced term of imprisonment provided for in subsection

6 A of this section shall not be subject to statutory provisions for

7 suspension or deferral of the sentence.

8       SECTION 4.  NEW LAW     A new section of law to be codified

9 in the Oklahoma Statutes as Section 1269.3 of Title 21, unless there

10 is created a duplication in numbering, reads as follows:

11      Before a penalty enhancement may be imposed under the provisions

12 of the Foreign Terrorist Organization Felony Enhancement Act, the

13 court shall determine that:

14      1. The organization with which the defendant is alleged to be

15 affiliated was, at the time the criminal offense was committed,

16 designated as a Foreign Terrorist Organization by the United States

17 Secretary of State pursuant to Section 219 of the Immigration and

18 Nationality Act, Section 1189 of Title 8 of the United States Code;

19 and

20      2. Such designation was active and in full force and effect at

21 the time of the offense.

22      The court may take judicial notice of the designation as

23 published in the Federal Register or as maintained by the United

24 States Department of State.

    Req. No. 15318                                                  Page 3
1   SECTION 5.      NEW LAW      A new section of law to be codified

2 in the Oklahoma Statutes as Section 1269.4 of Title 21, unless there

3 is created a duplication in numbering, reads as follows:

4   A. To apply the penalty enhancement under the Foreign Terrorist

5 Organization Felony Enhancement Act, the state shall prove beyond a

6 reasonable doubt that the defendant:

7   1. Committed the underlying felony offense; and

8   2. At the time of the offense:

9   a. was a member of,

10  b. was acting at the direction of,

11  c. knowingly provided material support to, or

12  d. knowingly associated with in furtherance of the

13               objectives of,

14 a designated foreign terrorist organization.

15  B. The trier of fact shall make a specific finding on the

16 record regarding the affiliation of the defendant with a designated

17 foreign terrorist organization.

18  C. Association with, membership in, or knowing support of a

19 designated foreign terrorist organization at the time a criminal

20 offense is committed shall be deemed an aggravating factor for

21 purposes of:

22  1. Determining eligibility for bail and the appropriateness of

23 conditions of release;

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    Req. No. 15318                                                 Page 4
1   2. Determining the length and severity of any sentence imposed

2 within statutory limits;

3   3. Determining whether probation may be granted;

4   4. Determining eligibility for parole or early release; and

5   5. Determining eligibility for sentence modification or

6 commutation.

7   Aggravating factors shall be considered in addition to any other

8 statutory aggravating circumstance under state law.

9   SECTION 6. It being immediately necessary for the preservation

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

11 declared to exist, by reason whereof this act shall take effect and

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

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14  60-2-15318      GRS     01/10/26

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    Req. No. 15318                                                Page 5
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