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
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1245 By: Hines
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to felony offenses; amending Section
7 13, Chapter 366, O.S.L. 2024, as amended by Section
8 6, Chapter 187, O.S.L. 2025 (21 O.S. Supp. 2025,
8 Section 20M), which relates to Class C2 offenses;
9 modifying provisions of certain felony offense;
9 conforming statutory references; amending 22 O.S.
10 2021, Section 991c, as amended by Section 3, Chapter
10 305, O.S.L. 2025 (22 O.S. Supp. 2025, Section 991c),
11 which relates to deferred sentences; modifying
11 application of certain deferred judgment procedure;
12 amending 47 O.S. 2021, Section 11-902, as amended by
12 Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp.
13 2025, Section 11-902), which relates to driving under
13 the influence; modifying provisions of certain felony
14 offense; conforming language; updating statutory
14 language and references; repealing 47 O.S. 2021,
15 Section 11-902, as amended by Section 3, Chapter 172,
15 O.S.L. 2025 (47 O.S. Supp. 2025, Section 11-902),
16 which relates to driving under the influence;
16 repealing 47 O.S. 2021, Section 11-902, as amended by
17 Section 6, Chapter 305, O.S.L. 2025 (47 O.S. Supp.
17 2025, Section 11-902), which relates to driving under
18 the influence; repealing 47 O.S. 2021, Section 11-
18 902, as amended by Section 33, Chapter 486, O.S.L.
19 2025 (47 O.S. Supp. 2025, Section 11-902), which
19 relates to driving under the influence; and providing
20 an effective date.
20
21
21
22
22
2 3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
23
24
24
Req. No. 2595 Page 1
1 SECTION 1. AMENDATORY Section 13, Chapter 366, O.S.L.
1
2 2024, as amended by Section 6, Chapter 187, O.S.L. 2025 (21 O.S.
2
3 Supp. 2025, Section 20M), is amended to read as follows:
3
4 Section 20M. A. Upon the effective date of this act On or
4
5 after January 1, 2026, Class C2 shall include the following criminal
5
6 offenses:
6
7 1. Theft of anhydrous equipment, as provided for in subsection
7
8 B of Section 11-10 of Title 2 of the Oklahoma Statutes;
8
9 2. Branding, misbranding, marking, or mismarking any domestic
9
1 0 animal with intent to defraud, as provided for in Section 268 of
10
1 1 Title 4 of the Oklahoma Statutes;
11
12 3. Injuring, destroying, or attempting to injure or destroy any
12
1 3 pipeline transportation system, as provided for in subsection C of
13
1 4 Section 6.1 of Title 17 of the Oklahoma Statutes;
14
15 4. Embezzlement by a county treasurer or other officer, as
15
1 6 provided for in Section 641 of Title 19 of the Oklahoma Statutes;
16
17 5. Giving or offering any bribe to an executive officer, as
17
1 8 provided for in Section 265 of Title 21 of the Oklahoma Statutes
18
1 9 this title;
19
20 6. Receiving or agreeing to receive a bribe by an executive
20
2 1 officer or person elected or appointed to an executive office, as
21
2 2 provided for in Section 266 of Title 21 of the Oklahoma Statutes
22
2 3 this title;
23
24
24
Req. No. 2595 Page 2
1 7. Entry into a restricted area of a building or grounds using
1
2 or carrying a deadly or dangerous weapon or firearm or engaging in
2
3 acts of violence that result in great bodily injury, as provided for
3
4 in paragraph 1 of subsection B of Section 282 of Title 21 of the
4
5 Oklahoma Statutes this title;
5
6 8. Forcefully or fraudulently preventing the Legislature from
6
7 meeting or organizing, as provided for in Section 301 of Title 21 of
7
8 the Oklahoma Statutes this title;
8
9 9. Forcefully or fraudulently compelling or attempting to
9
1 0 compel the Legislature to adjourn or disperse, as provided for in
10
1 1 Section 303 of Title 21 of the Oklahoma Statutes this title;
11
12 10. Compelling or attempting to compel either house of the
12
1 3 Legislature to pass, amend, or reject any bill or resolution, grant
13
1 4 or refuse any petition, or to perform or omit to perform any other
14
1 5 official act, as provided for in Section 305 of Title 21 of the
15
1 6 Oklahoma Statutes this title;
16
17 11. Offering to give a bribe to any member of the Legislature
17
1 8 in order to influence the member in giving or withholding a vote, as
18
1 9 provided for in Section 308 of Title 21 of the Oklahoma Statutes
19
2 0 this title;
20
21 12. Asking, receiving, or agreeing to receive any bribe by a
21
2 2 member of the Legislature, as provided for in Section 309 of Title
22
2 3 21 of the Oklahoma Statutes this title;
23
24
24
Req. No. 2595 Page 3
1 13. Entering a fort, magazine, arsenal, armory, arsenal yard,
1
2 or encampment and seizing or taking away arms, ammunition, military
2
3 stores, or supplies belonging to the state, as provided for in
3
4 Section 350 of Title 21 of the Oklahoma Statutes this title;
4
5 14. Carrying, causing to be carried, or publicly displaying any
5
6 red flag or other emblem or banner indicating disloyalty to the
6
7 Government government of the United States, as provided for in
7
8 Section 374 of Title 21 of the Oklahoma Statutes this title;
8
9 15. Bribery by a fiduciary, as provided for in subsection A of
9
1 0 Section 380 of Title 21 of the Oklahoma Statutes this title;
10
11 16. Bribery of a fiduciary, as provided for in subsection B of
11
1 2 Section 380 of Title 21 of the Oklahoma Statutes this title;
12
13 17. Commercial bribery of an insured depository institution or
13
1 4 credit union, as provided in Section 380.1 of Title 21 of the
14
1 5 Oklahoma Statutes this title;
15
16 18. Accepting or requesting a bribe by public officers or
16
1 7 employees of this state, as provided for in Section 382 of Title 21
17
1 8 of the Oklahoma Statutes this title;
18
19 19. Offering or giving a bribe to any judicial officer, as
19
2 0 provided for in Section 383 of Title 21 of the Oklahoma Statutes
20
2 1 this title;
21
22 20. Attempting to influence a juror, as provided for in Section
22
2 3 388 of Title 21 of the Oklahoma Statutes this title;
23
24
24
Req. No. 2595 Page 4
1 21. Conspiracy to commit a felony, as provided for in
1
2 subsection C of Section 421 of Title 21 of the Oklahoma Statutes
2
3 this title;
3
4 22. Conspiring to commit any act against the peace of the state
4
5 by two or more persons outside of the state, as provided for in
5
6 Section 422 of Title 21 of the Oklahoma Statutes this title;
6
7 23. Conspiring to commit any act against the state by two or
7
8 more persons, as provided for in Section 424 of Title 21 of the
8
9 Oklahoma Statutes this title;
9
10 24. Attempting to avoid a roadblock by failing to stop, passing
10
1 1 by or through such roadblock without permission, as provided for in
11
1 2 Section 540B of Title 21 of the Oklahoma Statutes this title;
12
13 25. Fraudulently producing an infant in order to intercept the
13
1 4 inheritance or distribution of any personal estate or real estate,
14
1 5 as provided for in Section 578 of Title 21 of the Oklahoma Statutes
15
1 6 this title;
16
17 26. Maiming by inflicting upon one's self oneself any disabling
17
1 8 injury to escape any legal duty, as provided for in Section 752 of
18
1 9 Title 21 of the Oklahoma Statutes this title;
19
20 27. Financial exploitation of an elderly or disabled adult with
20
2 1 funds, assets, or property valued at One Hundred Thousand Dollars
21
2 2 ($100,000.00) or less, as provided for in paragraph 2 of subsection
22
2 3 B of Section 843.4 of Title 21 of the Oklahoma Statutes this title;
23
24
24
Req. No. 2595 Page 5
1 28. Conducting gambling games, as provided for in Section 941
1
2 of Title 21 of the Oklahoma Statutes this title;
2
3 29. Using a house, room, or place to conduct gambling games, as
3
4 provided for in Section 946 of Title 21 of the Oklahoma Statutes
4
5 this title;
5
6 30. Engaging or participating in illegal gambling games by a
6
7 public officer, as provided for in Section 948 of Title 21 of the
7
8 Oklahoma Statutes this title;
8
9 31. Commercial gambling, as provided for in Section 982 of
9
1 0 Title 21 of the Oklahoma Statutes this title;
10
11 32. Letting premises for the purpose of betting on races or
11
1 2 receiving, registering, recording, or forwarding any money or thing
12
1 3 of value to a racetrack for betting purposes, as provided for in
13
1 4 paragraphs 2 through 6 of subsection A of Section 991 of Title 21 of
14
1 5 the Oklahoma Statutes this title;
15
16 33. Using the terms term "prize" or "gift" in a manner that is
16
1 7 untrue or misleading, as provided for in Section 996.3 of Title 21
17
1 8 of the Oklahoma Statutes this title;
18
19 34. Advocating criminal syndicalism, sabotage, or the
19
2 0 necessity, propriety, or expediency of doing any act of physical
20
2 1 violence or unlawful act as a means of accomplishing any industrial
21
2 2 or political ends, change, or revolution, as provided for in
22
2 3 subsection A of Section 1327 of Title 21 of the Oklahoma Statutes
23
2 4 this title;
24
Req. No. 2595 Page 6
1 35. Arson in the fourth degree by attempting to set fire to or
1
2 burn any building or property, as provided for in subsection A of
2
3 Section 1404 of Title 21 of the Oklahoma Statutes this title;
3
4 36. Delivering to another any merchandise for which any bill of
4
5 lading, receipt, or voucher has been issued and the value of the
5
6 property is Fifteen Thousand Dollars ($15,000.00) or more, as
6
7 provided for in paragraph 4 of Section 1416 of Title 21 of the
7
8 Oklahoma Statutes this title;
8
9 37. Burglary in the second degree by breaking and entering into
9
1 0 any commercial building or by breaking and entering into a coin-
10
1 1 operated or vending machine, as provided for in subsection A of
11
1 2 Section 1435 of Title 21 of the Oklahoma Statutes this title;
12
13 38. Embezzlement of property valued at Fifteen Thousand Dollars
13
1 4 ($15,000.00) or more, as provided for in paragraph 4 of subsection B
14
1 5 of Section 1451 of Title 21 of the Oklahoma Statutes this title;
15
16 39. Embezzlement by a county or state officer, as provided for
16
1 7 in subsection C of Section 1451 of Title 21 of the Oklahoma Statutes
17
1 8 this title;
18
19 40. False personation of another, as provided for in Section
19
2 0 1531 of Title 21 of the Oklahoma Statutes this title;
20
21 41. Receiving money or property intended for another with a
21
2 2 value of Fifteen Thousand Dollars ($15,000.00) or more, as provided
22
2 3 for in paragraph 4 of Section 1532 of Title 21 of the Oklahoma
23
2 4 Statutes this title;
24
Req. No. 2595 Page 7
1 42. Use of a motor vehicle or motor-driven cycle for the
1
2 purpose of falsely impersonating a law enforcement officer which
2
3 causes another person to be injured, defrauded, harassed, vexed, or
3
4 annoyed, as provided for in paragraph 2 of subsection F of Section
4
5 1533 of Title 21 of the Oklahoma Statutes this title;
5
6 43. Obtaining, attempting to obtain, or presenting to a
6
7 financial institution personal, financial, or other information of
7
8 another person, as provided for in Section 1533.2 of Title 21 of the
8
9 Oklahoma Statutes this title;
9
10 44. Obtaining property by trick, deception, or by means of a
10
1 1 false or bogus check and the property value is Fifteen Thousand
11
1 2 Dollars ($15,000.00) or more, as provided for in paragraph 3 of
12
1 3 subsection A of Section 1541.2 of Title 21 of the Oklahoma Statutes
13
1 4 this title;
14
15 45. Making, drawing, uttering, or delivering two or more false
15
1 6 or bogus checks and the value is Fifteen Thousand Dollars
16
1 7 ($15,000.00) or more, as provided for in paragraph 3 of subsection A
17
1 8 of Section 1541.3 of Title 21 of the Oklahoma Statutes this title;
18
19 46. Selling, exchanging, or delivering any forged or
19
2 0 counterfeited promissory note, check, bill, draft, or other evidence
20
2 1 of debt knowing the same is forged or counterfeited and the value of
21
2 2 the instrument is Fifteen Thousand Dollars ($15,000.00) or more, as
22
2 3 provided for in paragraph 4 of subsection A of Section 1577 of Title
23
2 4 21 of the Oklahoma Statutes this title;
24
Req. No. 2595 Page 8
1 47. Possession of any forged, altered, or counterfeited
1
2 negotiable note, bill, draft, or other evidence of debt and the
2
3 value of the instrument is Fifteen Thousand Dollars ($15,000.00) or
3
4 more, as provided for in paragraph 4 of subsection A of Section 1578
4
5 of Title 21 of the Oklahoma Statutes this title;
5
6 48. Possession of any forged or counterfeited instrument with
6
7 intent to injure or defraud and the value of the instrument is
7
8 Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
8
9 paragraph 4 of subsection A of Section 1579 of Title 21 of the
9
1 0 Oklahoma Statutes this title;
10
11 49. Uttering or publishing as true any forged, altered, or
11
1 2 counterfeited instrument or counterfeit coins and the value of the
12
1 3 instrument is Fifteen Thousand Dollars ($15,000.00) or more, as
13
1 4 provided for in paragraph 4 of subsection A of Section 1592 of Title
14
1 5 21 of the Oklahoma Statutes this title;
15
16 50. Exhibiting false, forged, or altered books, papers,
16
1 7 vouchers, security, or other instruments of evidence to any public
17
1 8 officer or board with intent to deceive, as provided for in Section
18
1 9 1632 of Title 21 of the Oklahoma Statutes this title;
19
20 51. Destroying, altering, mutilating, or falsifying any books,
20
2 1 papers, writing, or securities belonging to a corporation or
21
2 2 association with intent to defraud, as provided for in Section 1635
22
2 3 of Title 21 of the Oklahoma Statutes this title;
23
24
24
Req. No. 2595 Page 9
1 52. Larceny of lost property and the value of the property is
1
2 Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
2
3 paragraph 4 of Section 1702 of Title 21 of the Oklahoma Statutes
3
4 this title;
4
5 53. Grand larceny and the value of the property is Fifteen
5
6 Thousand Dollars ($15,000.00) or more, as provided for in paragraph
6
7 4 of subsection A of Section 1705 of Title 21 of the Oklahoma
7
8 Statutes this title;
8
9 54. Grand larceny in any dwelling house or vessel, as provided
9
1 0 for in Section 1707 of Title 21 of the Oklahoma Statutes this title;
10
11 55. Larceny of any evidence of debt or other written
11
1 2 instrument, as provided for in Section 1709 of Title 21 of the
12
1 3 Oklahoma Statutes this title;
13
14 56. Buying or receiving any property that has been stolen,
14
1 5 embezzled, or obtained by false pretense or robbery and has a value
15
1 6 of Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
16
1 7 paragraph 3 of subsection A of Section 1713 of Title 21 of the
17
1 8 Oklahoma Statutes this title;
18
19 57. Buying or receiving any construction equipment or farm
19
2 0 equipment that has been stolen, embezzled, or obtained by false
20
2 1 pretense or robbery, as provided for in Section 1713.1 of Title 21
21
2 2 of the Oklahoma Statutes this title;
22
23
23
24
24
Req. No. 2595 Page 10
1 58. Bringing into this state the stolen property of another
1
2 obtained from another state or country, as provided for in Section
2
3 1715 of Title 21 of the Oklahoma Statutes this title;
3
4 59. Larceny of livestock or implement of husbandry, as provided
4
5 for in subsection A of Section 1716 of Title 21 of the Oklahoma
5
6 Statutes this title;
6
7 60. Larceny of a dog, as provided for in Section 1718 of Title
7
8 21 of the Oklahoma Statutes this title;
8
9 61. Grand larceny of exotic livestock, as provided for in
9
1 0 Section 1719.2 of Title 21 of the Oklahoma Statutes this title;
10
11 62. Larceny of an aircraft, automobile, construction equipment,
11
1 2 or farm equipment, valued at Fifty Thousand Dollars ($50,000.00) or
12
1 3 more, as provided for in Section 1720 of Title 21 of the Oklahoma
13
1 4 Statutes this title;
14
15 63. Tapping or drilling into a pipeline, as provided for in
15
1 6 Section 1721 of Title 21 of the Oklahoma Statutes this title;
16
17 64. Taking any crude oil or gasoline from any pipe, pipeline,
17
1 8 tank, tank car, or other receptacle or container and the value of
18
1 9 such product is One Thousand Dollars ($1,000.00) or more, as
19
2 0 provided for in paragraph 2 of Section 1722 of Title 21 of the
20
2 1 Oklahoma Statutes this title;
21
22 65. Larceny of merchandise from a retailer or wholesaler and
22
2 3 the value of the goods is Fifteen Thousand Dollars ($15,000.00) or
23
24
24
Req. No. 2595 Page 11
1 more, as provided for in paragraph 5 of subsection A of Section 1731
1
2 of Title 21 of the Oklahoma Statutes this title;
2
3 66. Larceny of trade secrets that is valued at Fifteen Thousand
3
4 Dollars ($15,000.00) or more, as provided for in Section 1732 of
4
5 Title 21 of the Oklahoma Statutes this title;
5
6 67. Procuring, soliciting, selling, or receiving by fraudulent,
6
7 deceptive, or false means two to ten telephone records without
7
8 authorization, as provided for in paragraph 2 of subsection B of
8
9 Section 1742.2 of Title 21 of the Oklahoma Statutes this title;
9
10 68. Masking, altering, or removing any locomotive or railway
10
1 1 car lights or signals, as provided for in Section 1778 of Title 21
11
1 2 of the Oklahoma Statutes this title;
12
13 69. Mutilating, tearing, defacing, obliterating, or destroying
13
1 4 any written instrument, value of Fifteen Thousand Dollars
14
1 5 ($15,000.00) or more, as provided for in Section 1779 of Title 21 of
15
1 6 the Oklahoma Statutes this title;
16
17 70. Violations of the Oklahoma Computer Crimes Act, as provided
17
1 8 for in paragraphs 1, 2, 3, 6, 7, 9, or 10 of subsection A of Section
18
1 9 1953 of Title 21 of the Oklahoma Statutes this title;
19
20 71. Contracting the sale of rights arising from a criminal act
20
2 1 without providing for the forfeiture of the proceeds, as provided
21
2 2 for in subsection A of Section 17 of Title 22 of the Oklahoma
22
2 3 Statutes;
23
24
24
Req. No. 2595 Page 12
1 72. Violating any of the provisions of the Oklahoma Clean Air
1
2 Act knowing that the violation places others in danger of death or
2
3 serious bodily injury, as provided for in subsection B of Section 2-
3
4 5-116 of Title 27A of the Oklahoma Statutes;
4
5 73. Violating any of the provisions of the Oklahoma Pollutant
5
6 Discharge Elimination System Act knowing that the violation places
6
7 others in imminent danger of death or serious bodily injury, as
7
8 provided for in subparagraph a of paragraph 3 of subsection G of
8
9 Section 2-6-206 of Title 27A of the Oklahoma Statutes;
9
10 74. Soliciting or accepting any bribe or money by a game warden
10
1 1 in connection with the performance of his or her duties as a game
11
1 2 warden, as provided for in subsection E of Section 3-201 of Title 29
12
1 3 of the Oklahoma Statutes;
13
14 75. Taking or enticing away an incapacitated or partially
14
1 5 incapacitated person or person for whom a guardian has been
15
1 6 appointed without consent of the guardian, as provided for in
16
1 7 Section 4-904 of Title 30 of the Oklahoma Statutes;
17
18 76. Violating any of the provisions of the Viatical Settlements
18
1 9 Act of 2008 if the value of the viatical settlement contract is more
19
2 0 than Two Thousand Five Hundred Dollars ($2,500.00) but not more than
20
2 1 Thirty-five Thousand Dollars ($35,000.00), as provided for in
21
2 2 paragraph 2 of subsection F of Section 4055.14 of Title 36 of the
22
2 3 Oklahoma Statutes;
23
24
24
Req. No. 2595 Page 13
1 77. Embezzlement of certain funds held in trust, value of
1
2 Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
2
3 paragraph (2) subsection B of Section 153 of Title 42 of the
3
4 Oklahoma Statutes;
4
5 78. Providing any false statement of a material fact in an
5
6 application for a certificate of title, as provided for in Section
6
7 4-108 of Title 47 of the Oklahoma Statutes;
7
8 79. Altering or forging any certificate of title issued by the
8
9 Oklahoma Tax Commission, as provided for in Section 4-109 of Title
9
1 0 47 of the Oklahoma Statutes;
10
11 80. Perjury by making any false affidavit, as provided for in
11
1 2 Section 6-302 of Title 47 of the Oklahoma Statutes;
12
13 81. Creating, manufacturing, issuing, or selling security
13
1 4 verification forms, as provided for in subsection B of Section 7-612
14
1 5 of Title 47 of the Oklahoma Statutes;
15
16 82. 81. Committing a subsequent violation of driving under the
16
1 7 influence of alcohol or other intoxicating substance within ten (10)
17
1 8 years of being convicted of driving under the influence of alcohol
18
1 9 or other intoxicating substance, causing a personal injury accident
19
2 0 while driving under the influence of alcohol or other intoxicating
20
2 1 substance, or driving under the influence of alcohol or other
21
2 2 intoxicating substance while transporting a child, as provided for
22
2 3 in paragraph 2 of subsection C of Section 11-902 of Title 47 of the
23
2 4 Oklahoma Statutes;
24
Req. No. 2595 Page 14
1 83. 82. Operating a vehicle without a valid driver license for
1
2 the class of vehicle being operated and causing an accident
2
3 resulting in great bodily injury to another person, as provided for
3
4 in subsection B of Section 11-905 of Title 47 of the Oklahoma
4
5 Statutes;
5
6 84. 83. Operating a crusher without a proper license and
6
7 receiving, obtaining, or possessing any vehicle or property known to
7
8 be stolen, as provided for in paragraph 2 of subsection B of Section
8
9 592.9 of Title 47 of the Oklahoma Statutes;
9
10 85. 84. Selling a vehicle or other property to a crusher using
10
1 1 false or altered identification or making a false declaration of
11
1 2 ownership or lien status, as provided for in paragraph 3 of
12
1 3 subsection B of Section 592.9 of Title 47 of the Oklahoma Statutes;
13
14 86. 85. Owning, operating, or conducting a chop shop,
14
1 5 transporting any motor vehicle or parts to or from a chop shop, or
15
1 6 selling, transferring, purchasing, or receiving any motor vehicle or
16
1 7 parts to or from a chop shop, as provided for in subsection A of
17
1 8 Section 1503 of Title 47 of the Oklahoma Statutes;
18
19 87. 86. Altering, counterfeiting, defacing, destroying,
19
2 0 disguising, falsifying, forging, obliterating, or knowingly removing
20
2 1 a vehicle identification number, as provided for in subsection B of
21
2 2 Section 1503 of Title 47 of the Oklahoma Statutes;
22
23
23
24
24
Req. No. 2595 Page 15
1 88. 87. Perjury by a public officer or employee who states as
1
2 true any material matter knowing it to be false, as provided for in
2
3 Section 36.5 of Title 51 of the Oklahoma Statutes;
3
4 89. 88. Advocating by teaching, justifying, or becoming a
4
5 member of or affiliated with the Communist Party or with any other
5
6 party or organization that advocates for the revolution, sedition,
6
7 treason, or overthrow of the government of the United States or the
7
8 State of Oklahoma by a public officer or employee, as provided for
8
9 in Section 36.6 of Title 51 of the Oklahoma Statutes;
9
10 90. 89. Perjury by verifying under oath any report, map, or
10
1 1 drawing required to be filed with the Corporation Commission knowing
11
1 2 that such material is false, as provided for in Section 109 of Title
12
1 3 52 of the Oklahoma Statutes;
13
14 91. 90. Asking, receiving, or agreeing to receive any gift or
14
1 5 gratuity by any member of the Corporation Commission, as provided
15
1 6 for in Section 118 of Title 52 of the Oklahoma Statutes;
16
17 92. 91. Burglary in the first degree by a bail enforcer by
17
1 8 breaking into and entering the dwelling house of any defendant or
18
1 9 third party for purposes of recovery or attempted recovery of a
19
2 0 defendant, as provided for in subsection A of Section 1350.6 of
20
2 1 Title 59 of the Oklahoma Statutes;
21
22 93. 92. Distributing, dispensing, transporting, or possessing a
22
2 3 controlled dangerous substance or soliciting a person less than
23
2 4 eighteen (18) years of age to cultivate, distribute, or dispense a
24
Req. No. 2595 Page 16
1 controlled dangerous substance, as provided for in paragraph 1 of
1
2 subsection A of Section 2-401 of Title 63 of the Oklahoma Statutes;
2
3 94. 93. Creating, distributing, transporting, or possessing a
3
4 counterfeit controlled dangerous substance, as provided for in
4
5 paragraph 2 of subsection A of Section 2-401 of Title 63 of the
5
6 Oklahoma Statutes;
6
7 95. 94. Manufacturing or distributing a controlled substance or
7
8 synthetic controlled substance, as provided for in paragraph 1 of
8
9 subsection C of Section 2-401 of Title 63 of the Oklahoma Statutes;
9
10 96. 95. Larceny, burglary, or theft of a controlled dangerous
10
1 1 substance, as provided for in subsection A of Section 2-403 of Title
11
1 2 63 of the Oklahoma Statutes;
12
13 97. 96. Obtaining or attempting to obtain any controlled
13
1 4 dangerous substance by fraud, deceit, misrepresentation, or
14
1 5 subterfuge, as provided for in paragraph 1 of subsection A of
15
1 6 Section 2-407 of Title 63 of the Oklahoma Statutes;
16
17 98. 97. Obtaining or attempting to obtain any controlled
17
1 8 dangerous substance by forgery of, alteration of, or changing any
18
1 9 information on a prescription or any written order, as provided for
19
2 0 in paragraph 2 of subsection A of Section 2-407 of Title 63 of the
20
2 1 Oklahoma Statutes;
21
22 99. 98. Obtaining or attempting to obtain any controlled
22
2 3 dangerous substance by the concealment of a material fact, as
23
24
24
Req. No. 2595 Page 17
1 provided for in paragraph 3 of subsection A of Section 2-407 of
1
2 Title 63 of the Oklahoma Statutes;
2
3 100. 99. Obtaining or attempting to obtain any controlled
3
4 dangerous substance by the use of a false name or false address, as
4
5 provided for in paragraph 4 of subsection A of Section 2-407 of
5
6 Title 63 of the Oklahoma Statutes;
6
7 101. 100. Obtaining or attempting to obtain any controlled
7
8 dangerous substance by failing to disclose the receipt or
8
9 prescription of a controlled dangerous substance of the same or
9
1 0 similar therapeutic use from another practitioner, as provided for
10
1 1 in paragraph 5 of subsection A of Section 2-407 of Title 63 of the
11
1 2 Oklahoma Statutes;
12
13 102. 101. Manufacturing, creating, delivering, or possessing an
13
1 4 original prescription form or counterfeit prescription form, as
14
1 5 provided for in subsection B of Section 2-407 of Title 63 of the
15
1 6 Oklahoma Statutes;
16
17 103. 102. Receiving or acquiring proceeds known to be derived
17
1 8 from any violation of the Uniform Controlled Dangerous Substances
18
1 9 Act, as provided for in subsection A of Section 2-503.1 of Title 63
19
2 0 of the Oklahoma Statutes;
20
21 104. 103. Knowingly or intentionally giving, selling,
21
2 2 transferring, trading, investing, concealing, transporting, or
22
2 3 maintaining an interest in anything of value which is intended to be
23
2 4 used for committing a violation of the Uniform Controlled Dangerous
24
Req. No. 2595 Page 18
1 Substances Act, as provided for in subsection B of Section 2-503.1
1
2 of Title 63 of the Oklahoma Statutes;
2
3 105. 104. Directing, planning, organizing, initiating,
3
4 financing, managing, supervising, or facilitating the transportation
4
5 or transfer of proceeds known to be derived from a violation of the
5
6 Uniform Controlled Dangerous Substances Act, as provided for in
6
7 subsection C of Section 2-503.1 of Title 63 of the Oklahoma
7
8 Statutes;
8
9 106. 105. Conducting a financial transaction involving proceeds
9
1 0 derived from a violation of the Uniform Controlled Dangerous
10
1 1 Substances Act for the purpose of concealing or disguising the
11
1 2 nature, location, source, ownership, or control of the proceeds
12
1 3 known to be derived from a violation of the Uniform Controlled
13
1 4 Dangerous Substances Act, as provided for in subsection D of Section
14
1 5 2-503.1 of Title 63 of the Oklahoma Statutes;
15
16 107. 106. Encouraging, facilitating, or allowing access to any
16
1 7 money transmitter equipment for unlawful purposes, as provided for
17
1 8 in subsection B of Section 2-503.1d of Title 63 of the Oklahoma
18
1 9 Statutes;
19
20 108. 107. Using a money services business or electronic funds
20
2 1 transfer network to facilitate any violation of the Uniform
21
2 2 Controlled Dangerous Substances Act, as provided for in Section 2-
22
2 3 503.1e of Title 63 of the Oklahoma Statutes;
23
24
24
Req. No. 2595 Page 19
1 109. 108. Structuring, assisting, or attempting to structure
1
2 any unlawful transaction with one or more financial or nonfinancial
2
3 trades or businesses, as provided for in Section 2-503.1g of Title
3
4 63 of the Oklahoma Statutes;
4
5 109. Using explosive agent to kill, injure, or intimidate or to
5
6 damage property, as provided for in subsection B of Section 124.8 of
6
7 Title 63 of the Oklahoma Statutes;
7
8 110. Altering, counterfeiting, defacing, destroying,
8
9 disguising, falsifying, forging, obliterating, or removing a hull
9
1 0 identification number of a vessel or motor, as provided for in
10
1 1 subsection B of Section 4253 of Title 63 of the Oklahoma Statutes;
11
12 111. Commit or attempt Committing or attempting to commit
12
1 3 certain violations of the Vessel and Motor Chop Shop, Stolen and
13
1 4 Altered Property Act, as provided for in subsection D of Section
14
1 5 4253 of Title 63 of the Oklahoma Statutes;
15
16 112. Giving a false or bogus check in payment or remittance of
16
1 7 taxes, fees, penalties, or interest levied pursuant to any state tax
17
1 8 laws and the value of the false or bogus check is Five Hundred
18
1 9 Dollars ($500.00) or more, as provided for in Section 218.1 of Title
19
2 0 68 of the Oklahoma Statutes;
20
21 113. Perjury by providing false answers to any questions from
21
2 2 the Oklahoma Tax Commission or making or presenting any false
22
2 3 affidavit to be filed with the Oklahoma Tax Commission, as provided
23
2 4 for in Section 244 of Title 68 of the Oklahoma Statutes;
24
Req. No. 2595 Page 20
1 114. Perjury by verifying by oath, affirmation, or declaration,
1
2 any false report or false return that is to be filed with the
2
3 Oklahoma Tax Commission, as provided for in Section 246 of Title 68
3
4 of the Oklahoma Statutes;
4
5 115. Making or manufacturing any tax stamp or falsely or
5
6 fraudulently forging, counterfeiting, reproducing, or possessing any
6
7 tax stamp, as provided for in subsection (a) A of Section 317 of
7
8 Title 68 of the Oklahoma Statutes;
8
9 116. Offering or selling unregistered securities, as provided
9
1 0 for in Section 1-301 of Title 71 of the Oklahoma Statutes;
10
11 117. Issuing investment certificates when insolvent by an
11
1 2 investment certificate issuer, as provided for in paragraph 1 of
12
1 3 subsection K of Section 1-308 of Title 71 of the Oklahoma Statutes;
13
14 118. Transacting business as a broker-dealer without being
14
1 5 registered as a broker-dealer, as provided for in subsection A of
15
1 6 Section 1-401 of Title 71 of the Oklahoma Statutes;
16
17 119. Employing or associating with an individual for security
17
1 8 transaction purposes when the registration of the individual is
18
1 9 suspended or revoked or the individual is barred from employment or
19
2 0 association with a broker-dealer, as provided for in subsection C of
20
2 1 Section 1-401 of Title 71 of the Oklahoma Statutes;
21
22 120. Transacting business as an agent without being registered
22
2 3 as an agent, as provided for in subsection A of Section 1-402 of
23
2 4 Title 71 of the Oklahoma Statutes;
24
Req. No. 2595 Page 21
1 121. Employing or associating with an agent who transacts
1
2 business on behalf of broker-dealers when the agent is not
2
3 registered, as provided for in subsection D of Section 1-402 of
3
4 Title 71 of the Oklahoma Statutes;
4
5 122. Conducting business on behalf of a broker-dealer when the
5
6 registration of the agent is suspended or revoked or the individual
6
7 is barred from employment or association with a broker-dealer, as
7
8 provided for in subsection F of Section 1-402 of Title 71 of the
8
9 Oklahoma Statutes;
9
10 123. Transacting business as an investment adviser without
10
1 1 being registered as an investment adviser, as provided for in
11
1 2 subsection A of Section 1-403 of Title 71 of the Oklahoma Statutes;
12
13 124. Employing or associating with an individual to engage in
13
1 4 providing investment advice when the registration of the individual
14
1 5 is suspended or revoked or the individual is barred from employment
15
1 6 or association with an investment adviser, as provided for in
16
1 7 subsection C of Section 1-403 of Title 71 of the Oklahoma Statutes;
17
18 125. Employing or associating with an individual required to be
18
1 9 registered as an investment adviser representative who is not
19
2 0 registered as an investment adviser representative, as provided for
20
2 1 in subsection D of Section 1-403 of Title 71 of the Oklahoma
21
2 2 Statutes;
22
23 126. Transacting business as an investment adviser
23
2 4 representative without being registered as an investment adviser
24
Req. No. 2595 Page 22
1 representative, as provided for in subsection A of Section 1-404 of
1
2 Title 71 of the Oklahoma Statutes;
2
3 127. Conducting business on behalf of an investment adviser or
3
4 federal-covered federal covered investment adviser when the
4
5 registration of the investment adviser representative is suspended
5
6 or revoked or the individual is barred from employment or
6
7 association with an investment adviser or federal-covered federal
7
8 covered investment adviser, as provided for in subsection E of
8
9 Section 1-404 of Title 71 of the Oklahoma Statutes;
9
10 128. Employing a device, scheme, or artifice to defraud another
10
1 1 when offering, selling, or purchasing a security, as provided for in
11
1 2 paragraph 1 of Section 1-501 of Title 71 of the Oklahoma Statutes;
12
13 129. Making an untrue statement of a material fact or omitting
13
1 4 a material fact when offering, selling, or purchasing a security, as
14
1 5 provided for in paragraph 2 of Section 1-501 of Title 71 of the
15
1 6 Oklahoma Statutes;
16
17 130. Engaging in an act, practice, or course of business that
17
1 8 operates as a fraud or deceit upon another person when offering,
18
1 9 selling, or purchasing a security, as provided for in paragraph 3 of
19
2 0 Section 1-501 of Title 71 of the Oklahoma Statutes;
20
21 131. Employing a device, scheme, or artifice to defraud another
21
2 2 when advising others for compensation as to the value of securities,
22
2 3 as provided for in paragraph 1 of subsection A of Section 1-502 of
23
2 4 Title 71 of the Oklahoma Statutes;
24
Req. No. 2595 Page 23
1 132. Making an untrue statement of a material fact or omitting
1
2 a material fact when advising others for compensation as to the
2
3 value of securities, as provided for in paragraph 2 of subsection A
3
4 of Section 1-502 of Title 71 of the Oklahoma Statutes;
4
5 133. Engaging in an act, practice, or course of business that
5
6 operates as a fraud or deceit upon another person when advising
6
7 others for compensation as to the value of securities, as provided
7
8 for in paragraph 3 of subsection A of Section 1-502 of Title 71 of
8
9 the Oklahoma Statutes;
9
10 134. Making false or misleading statements in a record, as
10
1 1 provided for in Section 1-505 of Title 71 of the Oklahoma Statutes;
11
12 135. Making or causing to be made to a purchaser, customer,
12
1 3 client, or prospective customer or client, an inconsistent
13
1 4 representation, as provided for in Section 1-506 of Title 71 of the
14
1 5 Oklahoma Statutes;
15
16 136. Willfully violating certain provisions of the Oklahoma
16
1 7 Uniform Securities Act of 2004, as provided for in subsection A of
17
1 8 Section 1-508 of Title 71 of the Oklahoma Statutes;
18
19 137. Offering or selling any business opportunity without being
19
2 0 registered under the Oklahoma Business Opportunity Sales Act, as
20
2 1 provided for in Section 806 of Title 71 of the Oklahoma Statutes;
21
22 138. Offering or selling any business opportunity without a
22
2 3 written disclosure being filed, as provided for in subsection A of
23
2 4 Section 808 of Title 71 of the Oklahoma Statutes;
24
Req. No. 2595 Page 24
1 139. Offering or selling any business opportunity without a
1
2 business opportunity contract or agreement, as provided for in
2
3 subsection A of Section 809 of Title 71 of the Oklahoma Statutes;
3
4 140. Making or using any specific representations from the
4
5 Oklahoma Business Opportunity Sales Act without having a minimum net
5
6 worth of Fifty Thousand Dollars ($50,000.00), as provided for in
6
7 Section 811 of Title 71 of the Oklahoma Statutes;
7
8 141. Using information filed with or obtained by the
8
9 Administrator of the Oklahoma Department of Securities that is not
9
1 0 public for the personal benefit of the Administrator or any officers
10
1 1 or employees of the Administrator, as provided for in subsection B
11
1 2 of Section 812 of Title 71 of the Oklahoma Statutes;
12
13 142. Employing any device, scheme, or artifice to defraud in
13
1 4 connection with offering or selling any business opportunity, as
14
1 5 provided for in paragraph 1 of Section 819 of Title 71 of the
15
1 6 Oklahoma Statutes;
16
17 143. Making any untrue statement of a material fact or omitting
17
1 8 a material fact in connection with offering or selling any business
18
1 9 opportunity, as provided for in paragraph 2 of Section 819 of Title
19
2 0 71 of the Oklahoma Statutes;
20
21 144. Engaging in any act, practice, or course of business which
21
2 2 operates as a fraud or deceit in connection with offering or selling
22
2 3 any business opportunity, as provided for in paragraph 3 of Section
23
2 4 819 of Title 71 of the Oklahoma Statutes;
24
Req. No. 2595 Page 25
1 145. Making or causing to be made any false or misleading
1
2 statements or omitting to state a material fact necessary in any
2
3 document filed with the Administrator of the Oklahoma Department of
3
4 Securities or in any proceeding pursuant to the Oklahoma Business
4
5 Opportunity Sales Act, as provided for in Section 820 of Title 71 of
5
6 the Oklahoma Statutes;
6
7 146. Filing any application for registration that is false,
7
8 incomplete, or misleading, as provided for in Section 821 of Title
8
9 71 of the Oklahoma Statutes;
9
10 147. Publishing, circulating, or using any advertising that
10
1 1 contains untrue statements of material facts or omits to state
11
1 2 material facts necessary, as provided for in Section 822 of Title 71
12
1 3 of the Oklahoma Statutes;
13
14 148. Taking or receiving any rebate, percentage of contract,
14
1 5 money, or any other thing of value by an officer of the Office of
15
1 6 Management and Enterprise Services from any person, firm, or
16
1 7 corporation, as provided for in Section 71 of Title 74 of the
17
1 8 Oklahoma Statutes;
18
19 149. Monopolizing, attempting to monopolize, or conspiring to
19
2 0 monopolize any part of trade or commerce, as provided for in
20
2 1 subsection B of Section 203 of Title 79 of the Oklahoma Statutes;
21
22 150. Discrimination in price between different purchasers of
22
2 3 commodities by any person engaged in commerce, as provided for in
23
2 4 Section 204 of Title 79 of the Oklahoma Statutes;
24
Req. No. 2595 Page 26
1 151. Violation of the Oklahoma Antitrust Reform Act, as
1
2 provided for in Section 206 of Title 79 of the Oklahoma Statutes;
2
3 and
3
4 152. Having any interest, directly or indirectly, in any
4
5 contract for the purchase of property or construction of work by or
5
6 for the Grand River Dam Authority by a director, officer, agent, or
6
7 employee, as provided for in Section 867 of Title 82 of the Oklahoma
7
8 Statutes; and
8
9 153. Using explosive agent to kill, injure, or intimidate or to
9
1 0 damage property, as provided for in subsection B of Section 124.8 of
10
1 1 Title 63 of the Oklahoma Statutes.
11
12 B. Any person convicted of a Class C2 criminal offense set
12
1 3 forth in this section shall be punished by imprisonment in the
13
1 4 custody of the Department of Corrections for a term of not more than
14
1 5 seven (7) years and shall serve at least twenty percent (20%) of the
15
1 6 sentence imposed before release from custody including release to
16
1 7 electronic monitoring pursuant to Section 510.9 of Title 57 of the
17
1 8 Oklahoma Statutes.
18
19 C. 1. Every person who, having been previously convicted of
19
2 0 one or two Class C or Class D criminal offenses, commits a Class C2
20
2 1 criminal offense shall, upon conviction, be punished by imprisonment
21
2 2 in the custody of the Department of Corrections for a term of not
22
2 3 less than two (2) years nor more than ten (10) years and shall serve
23
2 4 at least twenty percent (20%) of the sentence imposed before release
24
Req. No. 2595 Page 27
1 from custody including release to electronic monitoring pursuant to
1
2 Section 510.9 of Title 57 of the Oklahoma Statutes.
2
3 2. Every person who, having been previously convicted of three
3
4 Class C or Class D criminal offenses, or one or more Class Y, Class
4
5 A, or Class B criminal offenses, commits a Class C2 criminal offense
5
6 shall, upon conviction, be punished by imprisonment in the custody
6
7 of the Department of Corrections for a term of not less than two (2)
7
8 years nor more than twelve (12) years and shall serve at least forty
8
9 percent (40%) of the sentence imposed before release from custody
9
1 0 including release to electronic monitoring pursuant to Section 510.9
10
1 1 of Title 57 of the Oklahoma Statutes.
11
12 D. Unless specifically exempted pursuant to subsection E of
12
1 3 this section, Section 51.1 of Title 21 of the Oklahoma Statutes this
13
1 4 title shall not apply to Class C2 criminal offenses.
14
15 E. 1. The criminal offenses listed in paragraphs 1, 2, 52, 53,
15
1 6 54, 55, 63, 65, 67, 68, 76, and 77 of subsection A of this section
16
1 7 shall be exempt from the penalty provisions provided for in
17
1 8 subsections B and C of this section. Persons convicted of the
18
1 9 criminal offenses provided for in paragraphs 1, 2, 52, 53, 54, 55,
19
2 0 63, 65, 67, 68, 76, and 77 of subsection A of this section shall be
20
2 1 punished in accordance with the corresponding penalties provided for
21
2 2 in the Oklahoma Statutes including Section 51.1 of Title 21 of the
22
2 3 Oklahoma Statutes this title.
23
24
24
Req. No. 2595 Page 28
1 2. The criminal offense listed in paragraph 64 of subsection A
1
2 of this section shall be exempt from the penalty provision provided
2
3 for in subsection B of this section. Persons convicted of the
3
4 criminal offense provided for in paragraph 64 of subsection A of
4
5 this section shall be punished in accordance with the corresponding
5
6 penalties as provided for in the Oklahoma Statutes including Section
6
7 51.1 of Title 21 of the Oklahoma Statutes this title. The
7
8 provisions of subsection C of this section still applies apply to
8
9 the criminal offense listed in paragraph 64 of subsection A of this
9
1 0 section.
10
11 F. All Class C2 criminal offenses shall be punishable by the
11
1 2 corresponding fines as provided for in the Oklahoma Statutes.
12
13 SECTION 2. AMENDATORY 22 O.S. 2021, Section 991c, as
13
1 4 amended by Section 3, Chapter 305, O.S.L. 2025 (22 O.S. Supp. 2025,
14
1 5 Section 991c), is amended to read as follows:
15
16 Section 991c. A. Upon a verdict or plea of guilty or upon a
16
1 7 plea of nolo contendere, but before a judgment of guilt, the court
17
1 8 may, without entering a judgment of guilt and with the consent of
18
1 9 the defendant, defer further proceedings upon the specific
19
2 0 conditions prescribed by the court not to exceed a seven-year
20
2 1 period, except as authorized under subsection B of this section.
21
2 2 The court shall first consider restitution among the various
22
2 3 conditions it may prescribe. The court may also consider ordering
23
2 4 the defendant to:
24
Req. No. 2595 Page 29
1 1. Pay court costs;
1
2 2. Pay an assessment in lieu of any fine authorized by law for
2
3 the offense;
3
4 3. Pay any other assessment or cost authorized by law;
4
5 4. Engage in a term of community service without compensation,
5
6 according to a schedule consistent with the employment and family
6
7 responsibilities of the defendant;
7
8 5. County jail confinement for a period not to exceed ninety
8
9 (90) days or the maximum amount of jail time provided for the
9
1 0 offense, if it is less than ninety (90) days;
10
11 6. Pay an amount as reimbursement for reasonable attorney fees,
11
1 2 to be paid into the court fund, if a court-appointed attorney has
12
1 3 been provided to the defendant;
13
14 7. Be supervised in the community for a period not to exceed
14
1 5 eighteen (18) months, unless a petition alleging violation of any
15
1 6 condition of deferred judgment is filed during the period of
16
1 7 supervision. As a condition of any supervision, the defendant shall
17
1 8 be required to pay a supervision fee of Forty Dollars ($40.00) per
18
1 9 month. The supervision fee shall be waived in whole or part by the
19
2 0 supervisory agency when the accused is indigent. Any fees collected
20
2 1 by the district attorney pursuant to this paragraph shall be
21
2 2 deposited in the General Revenue Fund of the State Treasury. No
22
2 3 person shall be denied supervision based solely on the inability of
23
2 4 the person to pay a fee;
24
Req. No. 2595 Page 30
1 8. Pay into the court fund a monthly amount not exceeding Forty
1
2 Dollars ($40.00) per month during any period during which the
2
3 proceedings are deferred when the defendant is not to be supervised
3
4 in the community. The total amount to be paid into the court fund
4
5 shall be established by the court and shall not exceed the amount of
5
6 the maximum fine authorized by law for the offense;
6
7 9. Make other reparations to the community or victim as
7
8 required and deemed appropriate by the court;
8
9 10. Order Adhere to any conditions which can be imposed for a
9
1 0 suspended sentence pursuant to paragraph 1 of subsection A of
10
1 1 Section 991a of this title; or
11
12 11. Any combination of the provisions in paragraphs 1 through
12
1 3 10 of this subsection.
13
14 However, unless under the supervision of the district attorney,
14
1 5 the offender shall be required to pay Forty Dollars ($40.00) per
15
1 6 month to the district attorney during the first two (2) years of
16
1 7 probation to compensate the district attorney for the costs incurred
17
1 8 during the prosecution of the offender and for the additional work
18
1 9 of verifying the compliance of the offender with the rules and
19
2 0 conditions of his or her probation. The district attorney may waive
20
2 1 any part of this requirement in the best interests of justice. The
21
2 2 court may waive the costs of prosecution in the same manner as the
22
2 3 court waives financial obligations pursuant to Section 983 of this
23
2 4 title. Any unpaid costs of prosecution shall be waived if the
24
Req. No. 2595 Page 31
1 deferred sentence of an offender expires without being accelerated.
1
2 Any fees collected by the district attorney pursuant to this
2
3 paragraph shall be deposited in the General Revenue Fund of the
3
4 State Treasury.
4
5 B. When the court has ordered restitution as a condition of
5
6 supervision as provided for in subsection A of this section and that
6
7 condition has not been satisfied, the court may, at any time prior
7
8 to the termination or expiration of the supervision period, order an
8
9 extension of supervision for a period not to exceed three (3) years.
9
10 C. In addition to any conditions of supervision provided for in
10
1 1 subsection A of this section, the court shall, in the case of a
11
1 2 person before the court for the offense of operating or being in
12
1 3 control of a motor vehicle while the person was under the influence
13
1 4 of alcohol, other intoxicating substance, or a combination of
14
1 5 alcohol and another intoxicating substance, or who is before the
15
1 6 court for the offense of operating a motor vehicle while the ability
16
1 7 of the person to operate such vehicle was impaired due to the
17
1 8 consumption of alcohol, require the person to participate in an
18
1 9 alcohol and drug substance abuse evaluation program offered by a
19
2 0 facility or qualified practitioner certified by the Department of
20
2 1 Mental Health and Substance Abuse Services for the purpose of
21
2 2 evaluating the receptivity to treatment and prognosis of the person.
22
2 3 The court shall order the person to reimburse the facility or
23
2 4 qualified practitioner for the evaluation. The Department of Mental
24
Req. No. 2595 Page 32
1 Health and Substance Abuse Services shall establish a fee schedule,
1
2 based upon the ability of a person to pay, provided the fee for an
2
3 evaluation shall not exceed Seventy-five Dollars ($75.00). The
3
4 evaluation shall be conducted at a certified facility, the office of
4
5 a qualified practitioner, or at another location as ordered by the
5
6 court. The facility or qualified practitioner shall, within
6
7 seventy-two (72) hours from the time the person is assessed, submit
7
8 a written report to the court for the purpose of assisting the court
8
9 in its determination of conditions for deferred sentence. No
9
1 0 person, agency, or facility operating an alcohol and drug substance
10
1 1 abuse evaluation program certified by the Department of Mental
11
1 2 Health and Substance Abuse Services shall solicit or refer any
12
1 3 person evaluated pursuant to this subsection for any treatment
13
1 4 program or alcohol and drug substance abuse service in which the
14
1 5 person, agency, or facility has a vested interest; however, this
15
1 6 provision shall not be construed to prohibit the court from ordering
16
1 7 participation in or any person from voluntarily utilizing a
17
1 8 treatment program or alcohol and drug substance abuse service
18
1 9 offered by such person, agency, or facility. Any evaluation report
19
2 0 submitted to the court pursuant to this subsection shall be handled
20
2 1 in a manner which that will keep the report confidential from review
21
2 2 by the general public. Nothing contained in this subsection shall
22
2 3 be construed to prohibit the court from ordering judgment and
23
2 4 sentence in the event the defendant fails or refuses to comply with
24
Req. No. 2595 Page 33
1 an order of the court to obtain the evaluation required by this
1
2 subsection. As used in this subsection, "qualified practitioner"
2
3 means a person with at least a bachelor's degree in substance abuse
3
4 treatment, mental health, or a related health care field and at
4
5 least two (2) years of experience in providing alcohol abuse
5
6 treatment, other drug abuse treatment, or both alcohol and other
6
7 drug abuse treatment who is certified each year by the Department of
7
8 Mental Health and Substance Abuse Services to provide these
8
9 assessments. However, any person who does not meet the requirements
9
1 0 for a qualified practitioner as defined herein, but who has been
10
1 1 previously certified by the Department of Mental Health and
11
1 2 Substance Abuse Services to provide alcohol or drug treatment or
12
1 3 assessments, shall be considered a qualified practitioner provided
13
1 4 all education, experience, and certification requirements stated
14
1 5 herein are met by September 1, 1995. The court may also require the
15
1 6 person to participate in one or both of the following:
16
17 1. An alcohol and drug substance abuse course, pursuant to
17
1 8 Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
18
19 2. A victims impact panel program, as defined in subsection H
19
2 0 of Section 991a of this title, if such a program is offered in the
20
2 1 county where the judgment is rendered. The defendant shall be
21
2 2 required to pay a fee of Seventy-five Dollars ($75.00) as set by the
22
2 3 governing authority of the program and approved by the court to the
23
2 4 victims impact panel program to offset the cost of participation by
24
Req. No. 2595 Page 34
1 the defendant, if in the opinion of the court the defendant has the
1
2 ability to pay such fee.
2
3 D. Upon completion of the conditions of the deferred judgment,
3
4 and upon a finding by the court that the conditions have been met
4
5 and all fines, fees, and monetary assessments have been paid as
5
6 ordered, the defendant shall be discharged without a court judgment
6
7 of guilt, and the court shall order the verdict or plea of guilty or
7
8 plea of nolo contendere to be expunged from the record and the
8
9 charge shall be dismissed with prejudice to any further action. The
9
1 0 procedure to expunge the record of the defendant shall be as
10
1 1 follows:
11
12 1. All references to the name of the defendant shall be deleted
12
1 3 from the docket sheet;
13
14 2. The public index of the filing of the charge shall be
14
1 5 expunged by deletion, mark-out, or obliteration;
15
16 3. Upon expungement, the court clerk shall keep a separate
16
1 7 confidential index of case numbers and names of defendants which
17
1 8 have been obliterated pursuant to the provisions of this section;
18
19 4. No information concerning the confidential file shall be
19
2 0 revealed or released, except upon written order of a judge of the
20
2 1 district court or upon written request by the named defendant to the
21
2 2 court clerk for the purpose of updating the criminal history record
22
2 3 of the defendant with the Oklahoma State Bureau of Investigation;
23
2 4 and
24
Req. No. 2595 Page 35
1 5. Defendants qualifying under Section 18 of this title may
1
2 petition the court to have the filing of the indictment and the
2
3 dismissal expunged from the public index and docket sheet. This
3
4 section shall not be mutually exclusive of Section 18 of this title.
4
5 Records expunged pursuant to this subsection shall be sealed to
5
6 the public but not to law enforcement agencies for law enforcement
6
7 purposes. Records expunged pursuant to this subsection shall be
7
8 admissible in any subsequent criminal prosecution to prove the
8
9 existence of a prior conviction or prior deferred judgment without
9
1 0 the necessity of a court order requesting the unsealing of such
10
1 1 records.
11
12 E. The provisions of subsection D of this section shall be
12
1 3 retroactive.
13
14 F. Whenever a judgment has been deferred by the court according
14
1 5 to the provisions of this section, deferred judgment may not be
15
1 6 accelerated for any technical violation unless a petition setting
16
1 7 forth the grounds for such acceleration is filed by the district
17
1 8 attorney with the clerk of the sentencing court and competent
18
1 9 evidence justifying the acceleration of the judgment is presented to
19
2 0 the court at a hearing to be held for that purpose. The hearing
20
2 1 shall be held not more than twenty (20) days after the entry of the
21
2 2 plea of not guilty to the petition, unless waived by both the state
22
2 3 and the defendant. Any acceleration of a deferred sentence based on
23
2 4 a technical violation shall not exceed ninety (90) days for a first
24
Req. No. 2595 Page 36
1 acceleration or five (5) years for a second or subsequent
1
2 acceleration.
2
3 G. Upon any violation of the deferred judgment, other than a
3
4 technical violation, the court may enter a judgment of guilt and
4
5 proceed as provided in Section 991a of this title or may modify any
5
6 condition imposed. Provided, however, if the deferred judgment is
6
7 for a felony offense, and the defendant commits another felony
7
8 offense, the defendant shall not be allowed bail pending appeal.
8
9 H. The deferred judgment procedure described in this section
9
1 0 shall apply only to defendants who have not been previously
10
1 1 convicted of a felony offense and have not received more than one a
11
1 2 deferred judgment for a felony offense within the ten (10) years
12
1 3 previous to the commission of the pending offense.
13
14 Provided, the court may waive this prohibition upon written
14
1 5 application of the district attorney. Both the application and the
15
1 6 waiver shall be made a part of the record of the case.
16
17 I. The deferred judgment procedure described in this section
17
1 8 shall not apply to defendants found guilty or who plead guilty or
18
1 9 nolo contendere to a sex offense required by law to register
19
2 0 pursuant to the Sex Offenders Registration Act.
20
21 J. All defendants who are supervised pursuant to this section
21
2 2 shall be subject to the sanction process as established in
22
2 3 subsection D of Section 991b of this title.
23
24
24
Req. No. 2595 Page 37
1 K. Notwithstanding the provisions of subsections F and G of
1
2 this section, a person who is being considered for an acceleration
2
3 of a deferred judgment for an offense where the penalty has
3
4 subsequently been lowered to a misdemeanor shall only be subject to
4
5 a judgment and sentence that would have been applicable had he or
5
6 she committed the offense after July 1, 2017.
6
7 SECTION 3. AMENDATORY 47 O.S. 2021, Section 11-902, as
7
8 amended by Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp. 2025,
8
9 Section 11-902), is amended to read as follows:
9
10 Section 11-902. A. It is unlawful and punishable as provided
10
1 1 for in this section for any person to drive, operate, or be in
11
1 2 actual physical control of a motor vehicle within this state,
12
1 3 whether upon public roads, highways, streets, turnpikes, other
13
1 4 public places or upon any private road, street, alley, or lane which
14
1 5 provides access to one or more single single-family or multi-family
15
1 6 multifamily dwellings, who:
16
17 1. Has a blood or breath alcohol concentration, as defined in
17
1 8 Section 756 of this title, of eight-hundredths (0.08) or more at the
18
1 9 time of a test of such person's blood or breath;
19
20 2. Is under the influence of alcohol;
20
21 3. Has any amount of a Schedule I chemical or controlled
21
2 2 substance, as defined in Section 2-204 of Title 63 of the Oklahoma
22
2 3 Statutes, or one of its metabolites or analogs in the person's
23
2 4 blood, saliva, urine, or any other bodily fluid at the time of a
24
Req. No. 2595 Page 38
1 test of such person's blood, saliva, urine, or any other bodily
1
2 fluid;
2
3 4. Is under the influence of any intoxicating substance other
3
4 than alcohol which may render such person incapable of safely
4
5 driving or operating a motor vehicle. The timing requirement for
5
6 the administration of tests pursuant to Section 756 of this title
6
7 shall not apply to this paragraph; or
7
8 5. Is under the combined influence of alcohol and any other
8
9 intoxicating substance which may render such person incapable of
9
1 0 safely driving or operating a motor vehicle. The timing requirement
10
1 1 for the administration of tests pursuant to Section 756 of this
11
1 2 title shall not apply to this paragraph.
12
13 B. The fact that any person charged with a violation of this
13
1 4 section is or has been lawfully entitled to use alcohol or a
14
1 5 controlled dangerous substance or any other intoxicating substance
15
1 6 shall not constitute a defense against any charge of violating this
16
1 7 section.
17
18 C. 1. Any person who is convicted of a violation of the
18
1 9 provisions of this section shall be guilty of a misdemeanor for the
19
2 0 first offense and shall:
20
21 a. participate in an assessment and evaluation pursuant
21
22 to subsection H of this section and shall follow all
22
23 recommendations made in the assessment and evaluation,
23
24
24
Req. No. 2595 Page 39
1 b. be punished by imprisonment in jail for not less than
1
2 ten (10) days nor more than one (1) year, and
2
3 c. be fined not more than One Thousand Dollars
3
4 ($1,000.00).
4
5 2. Any person who, having been convicted of or having received
5
6 deferred judgment for a violation of this section or a violation
6
7 pursuant to the provisions of any law of this state or another state
7
8 prohibiting the offenses provided in this section, Section 11-904 of
8
9 this title, or paragraph 4 of subsection A of Section 852.1 of Title
9
1 0 21 of the Oklahoma Statutes, or having a prior conviction in a
10
1 1 municipal criminal court of record for the violation of a municipal
11
1 2 ordinance prohibiting the offense provided for in this section,
12
1 3 commits a subsequent violation of this section within ten (10) years
13
1 4 of the date following the completion of the execution of such
14
1 5 sentence or deferred judgment shall, upon conviction, be guilty of a
15
1 6 Class C2 felony offense and shall participate in an assessment and
16
1 7 evaluation pursuant to subsection H of this section and shall be
17
1 8 sentenced to:
18
19 a. follow all recommendations made in the assessment and
19
20 evaluation for treatment at the defendant's expense,
20
21 b. use of an ignition interlock device, as provided by
21
22 subparagraph n of paragraph 1 of subsection A of
22
23 Section 991a of Title 22 of the Oklahoma Statutes,
23
24
24
Req. No. 2595 Page 40
1 c. imprisonment in the custody of the Department of
1
2 Corrections for not less than one (1) year and not
2
3 more than five (5) years as provided for in
3
4 subsections B through E of Section 20M of Title 21 of
4
5 the Oklahoma Statutes, and
5
6 d. a fine not more than Two Thousand Five Hundred Dollars
6
7 ($2,500.00).
7
8 However, if the treatment in subsection H of this section does
8
9 not include residential or inpatient treatment for a period of not
9
1 0 less than five (5) days, the person shall serve a term of
10
1 1 imprisonment of at least five (5) days.
11
12 3. Any person who commits a violation of this section after
12
1 3 having been convicted of a felony offense pursuant to the provisions
13
1 4 of this section or a violation pursuant to the provisions of any law
14
1 5 of this state or another state prohibiting the offenses provided for
15
1 6 in this section, Section 11-904 of this title, or paragraph 4 of
16
1 7 subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
17
1 8 shall be guilty of a Class B4 felony offense and participate in an
18
1 9 assessment and evaluation pursuant to subsection H of this section
19
2 0 and shall be sentenced to:
20
21 a. follow all recommendations made in the assessment and
21
22 evaluation for treatment at the defendant's expense,
22
23 b. two hundred forty (240) hours of community service,
23
24
24
Req. No. 2595 Page 41
1 c. use of an ignition interlock device, as provided by
1
2 subparagraph n of paragraph 1 of subsection A of
2
3 Section 991a of Title 22 of the Oklahoma Statutes,
3
4 d. imprisonment in the custody of the Department of
4
5 Corrections for not less than one (1) year and not
5
6 more than ten (10) years, and
6
7 e. a fine not more than Five Thousand Dollars
7
8 ($5,000.00).
8
9 However, if the treatment in subsection H of this section does
9
1 0 not include residential or inpatient treatment for a period of not
10
1 1 less than ten (10) days, the person shall serve a term of
11
1 2 imprisonment of at least ten (10) days.
12
13 4. Any person who commits a violation of this section after
13
1 4 having been twice convicted of a felony offense pursuant to the
14
1 5 provisions of this section or a violation pursuant to the provisions
15
1 6 of any law of this state or another state prohibiting the offenses
16
1 7 provided for in this section, Section 11-904 of this title, or
17
1 8 paragraph 4 of subsection A of Section 852.1 of Title 21 of the
18
1 9 Oklahoma Statutes shall be guilty of a Class B3 felony offense and
19
2 0 participate in an assessment and evaluation pursuant to subsection H
20
2 1 of this section and shall be sentenced to:
21
22 a. follow all recommendations made in the assessment and
22
23 evaluation for treatment at the defendant's expense,
23
24 followed by not less than one (1) year of supervision
24
Req. No. 2595 Page 42
1 and periodic testing, as provided in subparagraph q of
1
2 paragraph 1 of subsection A of Section 991a of Title
2
3 22 of the Oklahoma Statutes, at the defendant's
3
4 expense,
4
5 b. four hundred eighty (480) hours of community service,
5
6 c. use of an ignition interlock device, as provided by
6
7 subparagraph n of paragraph 1 of subsection A of
7
8 Section 991a of Title 22 of the Oklahoma Statutes, for
8
9 a minimum of ninety (90) days,
9
10 d. imprisonment in the custody of the Department of
10
11 Corrections for not less than one (1) year and not
11
12 more than twenty (20) years, and
12
13 e. a fine not more than Five Thousand Dollars
13
14 ($5,000.00).
14
15 However, if the person does not undergo residential or inpatient
15
1 6 treatment pursuant to subsection H of this section, the person shall
16
1 7 serve a term of imprisonment of at least ten (10) days.
17
18 5. Any person who, after a previous conviction of a violation
18
1 9 of murder in the second degree or manslaughter in the first degree
19
2 0 in which the death was caused as a result of driving under the
20
2 1 influence of alcohol or other intoxicating substance, is convicted
21
2 2 of a violation of this section shall be guilty of a Class A2 felony
22
2 3 offense and shall be punished by imprisonment in the custody of the
23
2 4 Department of Corrections for not less than five (5) years and not
24
Req. No. 2595 Page 43
1 to exceed more than twenty (20) years, and a fine not more than Ten
1
2 Thousand Dollars ($10,000.00).
2
3 6. Provided, however, a conviction from another state shall not
3
4 be used to enhance punishment pursuant to the provisions of this
4
5 subsection if that conviction is based on a blood or breath alcohol
5
6 concentration of less than eight-hundredths (0.08).
6
7 7. In any case in which a defendant is charged with driving
7
8 under the influence of alcohol or other intoxicating substance
8
9 offense within any municipality with a municipal court other than a
9
1 0 court of record, the charge shall be presented to the county's
10
1 1 district attorney and filed with the district court of the county
11
1 2 within which the municipality is located.
12
13 D. Any person who is convicted of a violation of driving under
13
1 4 the influence while also committing one of more of the following
14
1 5 acts:
15
16 1. Driving, operating, or being in actual physical control of a
16
1 7 motor vehicle while having a blood or breath alcohol concentration
17
1 8 of fifteen-hundredths (0.15) or more at the time of a test of such
18
1 9 person's blood or breath;
19
20 2. Causing a motor vehicle incident involving one or more
20
2 1 vehicles that results in a report pursuant to Section 40-102 of this
21
2 2 title;
22
23 3. Driving in a manner that violates the provisions of Section
23
2 4 11-301, 11-302, 11-306, 11-309, or 11-311 of this title;
24
Req. No. 2595 Page 44
1 4. Driving while eluding peace officers pursuant to Section
1
2 540a of Title 21 of the Oklahoma Statutes;
2
3 5. Driving with a speed in excess of twenty (20) miles per hour
3
4 over the speed limit or ten (10) miles per hour over the speed limit
4
5 within an active school zone;
5
6 6. Operating a motor vehicle with a passenger younger than
6
7 eighteen (18) years of age; or
7
8 7. Reckless driving as defined in Section 11-901 of this title,
8
9 shall, upon conviction, be guilty of aggravated driving under the
9
1 0 influence, which shall be a Class B3 felony offense.
10
11 E. A person convicted of aggravated driving under the influence
11
1 2 shall participate in an assessment and evaluation pursuant to
12
1 3 subsection H of this section and shall comply with all
13
1 4 recommendations for treatment. Such person shall be sentenced as
14
1 5 provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
15
1 6 section and to:
16
17 1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of
17
1 8 subsection C of this section, provided that:
18
19 a. for a first offense of a violation pursuant to this
19
20 section, the first ten (10) days of the sentence shall
20
21 not be subject to probation, suspension, or deferral
21
22 and may be served by night or weekend incarceration
22
23 pursuant to Section 991a of Title 22 of the Oklahoma
23
24 Statutes,
24
Req. No. 2595 Page 45
1 b. for a second offense of a violation pursuant to this
1
2 section, the first thirty (30) days of the sentence
2
3 shall not be subject to probation, suspension, or
3
4 deferral; provided further, this mandatory minimum
4
5 period of confinement shall be served in the county
5
6 jail as a condition of a suspended or deferred
6
7 sentence, pursuant to Section 991a of Title 22 of the
7
8 Oklahoma Statutes, and
8
9 c. the portion of the sentence not subject to probation,
9
10 suspension, or deferral shall increase by thirty (30)
10
11 days for each subsequent conviction after the second
11
12 offense;
12
13 2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
13
1 4 C of this section;
14
15 3. Not less than one (1) year of supervision and periodic
15
1 6 testing, as provided in subparagraph q of paragraph 1 of subsection
16
1 7 A of Section 991a of Title 22 of the Oklahoma Statutes, at the
17
1 8 defendant's expense; and
18
19 4. An ignition interlock device or devices, as provided by
19
2 0 subparagraph n of paragraph 1 of subsection A of Section 991a of
20
2 1 Title 22 of the Oklahoma Statutes, for a minimum of one hundred
21
2 2 eighty (180) days.
22
23 F. When a person is sentenced to imprisonment in the custody of
23
2 4 the Department of Corrections, the person shall be processed through
24
Req. No. 2595 Page 46
1 the Lexington Assessment and Reception Center or at a place
1
2 determined by the Director of the Department of Corrections. The
2
3 Department of Corrections shall classify and assign the person to
3
4 one or more of the following:
4
5 1. The Department of Mental Health and Substance Abuse Services
5
6 pursuant to paragraph 1 of subsection A of Section 612 of Title 57
6
7 of the Oklahoma Statutes; or
7
8 2. A correctional facility operated by the Department of
8
9 Corrections with assignment to substance abuse treatment.
9
1 0 Successful completion of a Department-of-Corrections-approved
10
1 1 substance abuse treatment program shall satisfy the recommendation
11
1 2 for a ten-hour or twenty-four-hour alcohol and drug substance abuse
12
1 3 course or treatment program or both. Successful completion of an
13
1 4 approved Department of Corrections substance abuse treatment program
14
1 5 may precede or follow the required assessment.
15
16 G. Service Oklahoma is hereby authorized to reinstate any
16
1 7 suspended or revoked driving privilege when the person meets the
17
1 8 statutory requirements which that affect the existing driving
18
1 9 privilege.
19
20 H. Any person who is found guilty of a violation of the
20
2 1 provisions of this section shall be ordered to participate in an
21
2 2 alcohol and drug substance abuse evaluation and assessment program
22
2 3 offered by a certified assessment agency or certified assessor for
23
2 4 the purpose of evaluating and assessing the receptivity to treatment
24
Req. No. 2595 Page 47
1 and prognosis of the person and shall follow all recommendations
1
2 made in the assessment and evaluation for treatment. The court
2
3 shall order the person to reimburse the agency or assessor for the
3
4 evaluation and assessment. Payment shall be remitted by the
4
5 defendant or on behalf of the defendant by any third party, provided
5
6 no state-appropriated funds are utilized. The fee for an evaluation
6
7 and assessment shall be the amount provided in subsection C of
7
8 Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
8
9 and assessment shall be conducted at a certified assessment agency,
9
1 0 the office of a certified assessor, or at another location as
10
1 1 ordered by the court. The agency or assessor shall, within seventy-
11
1 2 two (72) hours from the time the person is evaluated and assessed,
12
1 3 submit a written report to the court for the purpose of assisting
13
1 4 the court in its sentencing determination. The court shall, as a
14
1 5 condition of any sentence imposed, including deferred and suspended
15
1 6 sentences, require the person to participate in and successfully
16
1 7 complete all recommendations from the evaluation, such as an alcohol
17
1 8 and substance abuse treatment program pursuant to Section 3-452 of
18
1 9 Title 43A of the Oklahoma Statutes. If such report indicates that
19
2 0 the evaluation and assessment shows that the defendant would benefit
20
2 1 from a ten-hour or twenty-four-hour alcohol and drug substance abuse
21
2 2 course or a treatment program or both, the court shall, as a
22
2 3 condition of any sentence imposed, including deferred and suspended
23
2 4 sentences, require the person to follow all recommendations
24
Req. No. 2595 Page 48
1 identified by the evaluation and assessment and ordered by the
1
2 court. No person, agency, or facility operating an evaluation and
2
3 assessment program certified by the Department of Mental Health and
3
4 Substance Abuse Services shall solicit or refer any person evaluated
4
5 and assessed pursuant to this section for any treatment program or
5
6 substance abuse service in which such person, agency, or facility
6
7 has a vested interest; however, this provision shall not be
7
8 construed to prohibit the court from ordering participation in or
8
9 any person from voluntarily utilizing a treatment program or
9
1 0 substance abuse service offered by such person, agency, or facility.
10
1 1 If a person is sentenced to imprisonment in the custody of the
11
1 2 Department of Corrections and the court has received a written
12
1 3 evaluation report pursuant to the provisions of this subsection, the
13
1 4 report shall be furnished to the Department of Corrections with the
14
1 5 judgment and sentence. Any evaluation and assessment report
15
1 6 submitted to the court pursuant to the provisions of this subsection
16
1 7 shall be handled in a manner which will keep such report
17
1 8 confidential from the general public's review. Nothing contained in
18
1 9 this subsection shall be construed to prohibit the court from
19
2 0 ordering judgment and sentence in the event the defendant fails or
20
2 1 refuses to comply with an order of the court to obtain the
21
2 2 evaluation and assessment required by this subsection. If the
22
2 3 defendant fails or refuses to comply with an order of the court to
23
2 4 obtain the evaluation and assessment, Service Oklahoma shall not
24
Req. No. 2595 Page 49
1 reinstate driving privileges until the defendant has complied in
1
2 full with such order. Nothing contained in this subsection shall be
2
3 construed to prohibit the court from ordering judgment and sentence
3
4 and any other sanction authorized by law for failure or refusal to
4
5 comply with an order of the court.
5
6 I. Any person who is found guilty of a violation of the
6
7 provisions of this section shall be required by the court to attend
7
8 a victims impact panel program, as defined in subsection H of
8
9 Section 991a of Title 22 of the Oklahoma Statutes, if such a program
9
1 0 is offered in the county where the judgment is rendered, and to pay
10
1 1 a fee of Seventy-five Dollars ($75.00), as set by the governing
11
1 2 authority of the program and approved by the court, to the program
12
1 3 to offset the cost of participation by the defendant, if in the
13
1 4 opinion of the court the defendant has the ability to pay such fee.
14
15 J. Any person who is found guilty of a felony violation of the
15
1 6 provisions of this section shall be required to submit to electronic
16
1 7 monitoring as authorized and defined by Section 991a of Title 22 of
17
1 8 the Oklahoma Statutes.
18
19 K. Any person who is found guilty of a violation of the
19
2 0 provisions of this section who has been sentenced by the court to
20
2 1 perform any type of community service shall not be permitted to pay
21
2 2 a fine in lieu of performing the community service.
22
23 L. When a person is found guilty of a violation of the
23
2 4 provisions of this section, the court shall order, in addition to
24
Req. No. 2595 Page 50
1 any other penalty, the defendant to pay an assessment of One Hundred
1
2 Dollars ($100.00) to be deposited in the Drug Abuse Education and
2
3 Treatment Revolving Fund created in Section 2-503.2 of Title 63 of
3
4 the Oklahoma Statutes, upon collection.
4
5 M. 1. When a person is eighteen (18) years of age or older,
5
6 and is the driver, operator, or person in physical control of a
6
7 vehicle, and is convicted of violating any provision of this section
7
8 while transporting or having in the motor vehicle any child less
8
9 than eighteen (18) years of age, the fine shall be enhanced to
9
1 0 double the amount of the fine imposed for the underlying driving
10
1 1 under the influence (DUI) violation which shall be in addition to
11
1 2 any other penalties allowed by this section.
12
13 2. Nothing in this subsection shall prohibit the prosecution of
13
1 4 a person pursuant to Section 852.1 of Title 21 of the Oklahoma
14
1 5 Statutes who is in violation of any provision of this section or
15
1 6 Section 11-904 of this title.
16
17 N. M. Any plea of guilty, nolo contendere, or finding of guilt
17
1 8 for a violation of this section or a violation pursuant to the
18
1 9 provisions of any law of this state or another state prohibiting the
19
2 0 offenses provided for in this section, Section 11-904 of this title,
20
2 1 or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
21
2 2 Oklahoma Statutes shall constitute a conviction of the offense for
22
2 3 the purpose of this section; provided, any deferred judgment shall
23
2 4 only be considered to constitute a conviction for a period of ten
24
Req. No. 2595 Page 51
1 (10) years following the completion of any court-imposed
1
2 probationary term.
2
3 O. N. If qualified by knowledge, skill, experience, training,
3
4 or education, a witness shall be allowed to testify in the form of
4
5 an opinion or otherwise solely on the issue of impairment, but not
5
6 on the issue of specific alcohol concentration level, relating to
6
7 the following:
7
8 1. The results of any standardized field sobriety test
8
9 including, but not limited to, the horizontal gaze nystagmus (HGN)
9
1 0 test administered by a person who has completed training in
10
1 1 standardized field sobriety testing; or
11
12 2. Whether a person was under the influence of one or more
12
1 3 impairing substances and the category of such impairing substance or
13
1 4 substances. A witness who has received training and holds a current
14
1 5 certification as a drug recognition expert shall be qualified to
15
1 6 give the testimony in any case in which such testimony may be
16
1 7 relevant.
17
18 SECTION 4. REPEALER 47 O.S. 2021, Section 11-902, as
18
1 9 amended by Section 3, Chapter 172, O.S.L. 2025 (47 O.S. Supp. 2025,
19
2 0 Section 11-902), is hereby repealed.
20
21 SECTION 5. REPEALER 47 O.S. 2021, Section 11-902, as
21
2 2 amended by Section 6, Chapter 305, O.S.L. 2025 (47 O.S. Supp. 2025,
22
2 3 Section 11-902), is hereby repealed.
23
24
24
Req. No. 2595 Page 52
1 SECTION 6. REPEALER 47 O.S. 2021, Section 11-902, as
1
2 amended by Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025,
2
3 Section 11-902), is hereby repealed.
3
4 SECTION 7. This act shall become effective November 1, 2026.
4
5
5
6 60-2-2595 CN 12/15/2025 2:21:26 PM
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 2595 Page 53Every fact on this page links to its source, starting with the official bill record.