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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1260 By: Hines
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6 AS INTRODUCED
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7 An Act relating to pardons and paroles; 21 O.S. 2021,
7 Section 13.1, as last amended by Section 1, Chapter
8 162, O.S.L. 2025 (21 O.S. Supp. 2025, Section 13.1),
8 which relates to required service of minimum
9 percentage of sentence; removing certain offenses;
9 conforming language; amending 21 O.S. 2021, Section
10 748, as last amended by Section 20, Chapter 486,
10 O.S.L. 2025 (21 O.S. Supp. 2025, Section 748), which
11 relates to human trafficking; prohibiting certain
11 parole eligibility and earning of credits; conforming
12 language; updating statutory language; updating
12 statutory reference; amending 21 O.S. 2021, Section
13 1031, as last amended by Section 397, Chapter 486,
13 O.S.L. 2025 (21 O.S. Supp. 2025, Section 1031), which
14 relates to punishment for violations; prohibiting
14 certain parole eligibility and earning of credits;
15 conforming language; updating statutory references;
15 updating statutory language; repealing 21 O.S. 2021,
16 Section 13.1, as amended by Section 5, Chapter 59,
16 O.S.L. 2024 (21 O.S. Supp. 2025, Section 13.1), which
17 relates to required service of minimum percentage of
17 sentence; repealing 21 O.S. 2021, Section 13.1, as
18 last amended by Section 2, Chapter 18, O.S.L. 2025
18 (21 O.S. Supp. 2025, Section 13.1), which relates to
19 required service of minimum percentage of sentence;
19 repealing 21 O.S. 2021, Section 13.1, as last amended
20 by Section 1, Chapter 352, O.S.L. 2025 (21 O.S. Supp.
20 2025, Section 13.1), which relates to required
21 service of minimum percentage of sentence; repealing
21 21 O.S. 2021, Section 748, as last amended by Section
22 2, Chapter 291, O.S.L. 2025 (21 O.S. Supp. 2025,
22 Section 748), which relates to human trafficking;
23 repealing 21 O.S. 2021, Section 1031, as last amended
23 by Section 5, Chapter 151, O.S.L. 2024 (21 O.S. Supp.
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1 2025, Section 1031), which relates to punishment for
1 violations; and providing an effective date.
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4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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5 SECTION 1. AMENDATORY 21 O.S. 2021, Section 13.1, as
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6 last amended by Section 1, Chapter 162, O.S.L. 2025 (21 O.S. Supp.
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7 2025, Section 13.1), is amended to read as follows:
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8 Section 13.1. Persons convicted of:
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9 1. First degree murder as provided for in Section 701.7 of this
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1 0 title;
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11 2. Second degree murder as provided for in Section 701.8 of
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1 2 this title;
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13 3. Manslaughter in the first degree as provided for in Section
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1 4 711 of this title;
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15 4. Poisoning with intent to kill as provided for in Section 651
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1 6 of this title;
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17 5. Shooting with intent to kill, use of a vehicle to facilitate
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1 8 use of a firearm, crossbow, or other weapon, assault, battery, or
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1 9 assault and battery with a deadly weapon or by other means likely to
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2 0 produce death or great bodily harm, as provided for in Sections 644
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2 1 and 652 of this title;
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22 6. Assault with intent to kill as provided for in Section 653
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2 3 of this title;
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1 7. Conjoint robbery as provided for in Section 800 of this
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2 title;
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3 8. Robbery with a dangerous weapon as provided for in Section
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4 801 of this title;
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5 9. First degree robbery as provided for in Section 797 of this
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6 title;
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7 10. First degree rape as provided for in Section 1111 or 1114
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8 of this title;
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9 11. First degree arson as provided for in Section 1401 of this
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1 0 title;
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11 12. First degree burglary as provided for in Section 1431 of
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1 2 this title;
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13 13. Bombing as provided for in Section 1767.1 of this title;
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14 14. Any crime against a child as provided for in Section 843.5
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1 5 of this title;
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16 15. Forcible sodomy as provided for in Section 888 of this
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1 7 title;
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18 16. Child sexual abuse material or aggravated child sexual
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1 9 abuse material as provided for in Section 1021.2, 1021.3, 1024.1,
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2 0 1024.2, or 1040.12a of this title;
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21 17. Child sex trafficking as defined in Section 1030 of this
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2 2 title;
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23 18. Lewd molestation of a child as provided for in Section 1123
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2 4 of this title;
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1 19. 18. Abuse of a vulnerable adult as defined in Section 10-
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2 103 of Title 43A of the Oklahoma Statutes;
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3 20. 19. Aggravated trafficking as provided for in subsection C
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4 of Section 2-415 of Title 63 of the Oklahoma Statutes;
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5 21. 20. Aggravated assault and battery, as provided for in
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6 Section 646 of this title, upon any person defending another person
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7 from assault and battery; or
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8 22. Human trafficking as defined in Section 748 of this title,
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9 21. Discharging a firearm at or into a dwelling or building
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1 0 used for public or business purposes, as provided for in Section
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1 1 1289.17A of this title,
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1 2 or any attempt, conspiracy, or solicitation thereof, shall be
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1 3 required to serve not less than eighty-five percent (85%) of any
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1 4 sentence of imprisonment imposed by the judicial system prior to
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1 5 becoming eligible for consideration for parole. Persons convicted
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1 6 of these offenses shall not be eligible for earned credits or any
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1 7 other type of credits which have the effect of reducing the length
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1 8 of the sentence to less than eighty-five percent (85%) of the
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1 9 sentence imposed.
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20 SECTION 2. AMENDATORY 21 O.S. 2021, Section 748, as last
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2 1 amended by Section 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
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2 2 Section 748), is amended to read as follows:
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23 Section 748. A. As used in Sections 748 this section and
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2 4 Section 748.2 of this title:
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1 1. "Coercion" means compelling, forcing, or intimidating a
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2 person to act by:
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3 a. threats of harm or physical restraint against any
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4 person,
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5 b. any act, scheme, plan, or pattern intended to cause a
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6 person to believe that performing, or failing to
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7 perform, an act would result in serious physical,
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8 financial, or emotional harm or distress to or
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9 physical restraint against any person,
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10 c. the abuse or threatened abuse of the law or legal
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11 process,
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12 d. knowingly destroying, concealing, removing,
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13 confiscating, or possessing any actual or purported
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14 passport, labor or immigration document, or other
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15 government identification document, including, but not
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16 limited to, a driver license or birth certificate, of
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17 another person,
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18 e. facilitating or controlling a person's access to any
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19 addictive or controlled substance other than for legal
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20 medical purposes,
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21 f. blackmail,
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22 g. demanding or claiming money, goods, or any other thing
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23 of value from or on behalf of a prostituted person
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1 where such demand or claim arises from or is directly
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2 related to the act of prostitution,
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3 h. determining, dictating, or setting the times at which
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4 another person will be available to engage in an act
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5 of prostitution with a third party,
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6 i. determining, dictating, or setting the places at which
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7 another person will be available for solicitation of,
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8 or to engage in, an act of prostitution with a third
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9 party, or
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10 j. determining, dictating, or setting the places at which
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11 another person will reside for purposes of making such
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12 person available to engage in an act of prostitution
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13 with a third party;
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14 2. "Commercial sex" means any form of commercial sexual
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1 5 activity such as sexually explicit performances, prostitution,
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1 6 participation in the production of pornography, performance in a
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1 7 strip club, or exotic dancing or display;
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18 3. "Debt bondage" means the status or condition of a debtor
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1 9 arising from a pledge by the debtor of his or her personal services
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2 0 or of those of a person under his or her control as a security for
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2 1 debt if the value of those services as reasonably assessed is not
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2 2 applied toward the liquidation of the debt or the length and nature
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2 3 of those services are not respectively limited and defined;
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1 4. "Human trafficking" means modern-day slavery that includes,
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2 but is not limited to, extreme exploitation and the denial of
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3 freedom or liberty of an individual for purposes of deriving benefit
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4 from that individual's commercial sex act or labor;
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5 5. "Human trafficking for labor" means:
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6 a. recruiting, enticing, harboring, maintaining,
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7 transporting, providing, or obtaining, by any means,
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8 another person through deception, force, fraud, threat
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9 or coercion or for purposes of engaging the person in
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10 labor, or
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11 b. benefiting, financially or by receiving anything of
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12 value, from participation in a venture that has
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13 engaged in an act of trafficking for labor;
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14 6. "Human trafficking for commercial sex" means:
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15 a. recruiting, enticing, harboring, maintaining,
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16 transporting, providing, or obtaining, by any means,
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17 another person through deception, force, fraud,
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18 threat, or coercion for purposes of engaging the
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19 person in a commercial sex act,
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20 b. recruiting, enticing, harboring, maintaining,
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21 transporting, providing, purchasing, or obtaining, by
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22 any means, a minor for purposes of engaging the minor
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23 in a commercial sex act, or
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1 c. benefiting, financially or by receiving anything of
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2 value, from participating in a venture that has
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3 engaged in an act of trafficking for commercial sex;
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4 7. "Legal process" means the criminal law, the civil law, or
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5 the regulatory system of the federal government, any state,
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6 territory, district, commonwealth, or trust territory therein, and
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7 any foreign government or subdivision thereof and includes legal
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8 civil actions, criminal actions, and regulatory petitions or
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9 applications;
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10 8. "Minor" means an individual under eighteen (18) years of
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1 1 age; and
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12 9. "Victim" means a person against whom a violation of any
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1 3 provision of this section has been committed.
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14 B. It shall be unlawful to knowingly engage in human
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1 5 trafficking.
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16 C. 1. Any person violating the provisions of this section
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1 7 shall, upon conviction, be guilty of a Class A2 felony offense
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1 8 punishable by imprisonment in the custody of the Department of
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1 9 Corrections for a term of not less than five (5) years or for life,
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2 0 or by a fine of not more than One Hundred Thousand Dollars
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2 1 ($100,000.00), or by both such fine imprisonment and imprisonment
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2 2 fine.
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23 2. Any person violating the provisions of this section where
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2 4 the victim of the offense is under eighteen (18) years of age at the
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1 time of the offense shall, upon conviction, be guilty of a Class A2
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2 felony offense punishable by imprisonment in the custody of the
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3 Department of Corrections for a term of not less than fifteen (15)
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4 ten (10) years or, for life, or for life without parole, or by a
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5 fine of not more than Two Hundred Fifty Thousand Dollars
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6 ($250,000.00), or by both such fine imprisonment and imprisonment
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7 fine.
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8 3. The court shall also order the defendant to pay restitution
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9 to the victim as provided in Section 991f of Title 22 of the
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1 0 Oklahoma Statutes. In addition, the court shall require the
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1 1 defendant to pay for a psychological evaluation to determine the
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1 2 extent of counseling necessary for the human trafficking victim and
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1 3 any necessary psychological counseling deemed necessary to
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1 4 rehabilitate the victim. Such evaluations and counseling may be
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1 5 performed by psychiatrists, psychologists, licensed professional
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1 6 counselors, or social workers.
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17 4. If the person is convicted of human trafficking, the person
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1 8 shall serve eighty-five percent (85%) of the sentence before being
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1 9 not be eligible for parole consideration or any earned credits. The
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2 0 terms of imprisonment specified in this subsection shall not be
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2 1 subject to statutory provisions for suspension, deferral, or
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2 2 probation, or state correctional institution earned credits accruing
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2 3 from and after November 1, 1989, except for the achievement earned
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2 4 credits authorized by subsection H of Section 138 of Title 57 of the
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1 Oklahoma Statutes. To qualify for such achievement earned credits,
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2 such inmates must also be in compliance with the standards for Class
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3 level 2 behavior, as defined in subsection D of Section 138 of Title
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4 57 of the Oklahoma Statutes.
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5 D. It is an affirmative defense to prosecution for a criminal,
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6 youthful offender, or delinquent offense that, during the time of
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7 the alleged commission of the offense, the defendant or alleged
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8 youthful offender or delinquent was a victim of human trafficking.
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9 E. The consent of a victim to the activity prohibited by this
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1 0 section shall not constitute a defense.
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11 F. Lack of knowledge of the age of the victim shall not
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1 2 constitute a defense to the activity prohibited by this section with
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1 3 respect to human trafficking of a minor.
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14 SECTION 3. AMENDATORY 21 O.S. 2021, Section 1031, as
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1 5 last amended by Section 397, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
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1 6 2025, Section 1031), is amended to read as follows:
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17 A. Except as provided in subsection B, C, D, or E of this
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1 8 section, any person violating any of the provisions of paragraph 1,
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1 9 2, 3, or 5 of subsection A of Section 1029 or Section 1030 of this
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2 0 title shall, upon conviction, be guilty of a misdemeanor and shall
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2 1 be punished by imprisonment in the county jail for not less than
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2 2 thirty (30) days nor more than one (1) year or by fines as follows:
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2 3 a fine not more than Two Thousand Five Hundred Dollars ($2,500.00)
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2 4 upon the first conviction for violation of any of such provisions, a
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1 fine not more than Five Thousand Dollars ($5,000.00) upon the second
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2 conviction for violation of any of such provisions, and a fine not
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3 more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the
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4 third or subsequent convictions for violation of any of such
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5 provisions, or by both such imprisonment and fine. In addition, the
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6 court may require a term of community service not less than forty
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7 (40) hours nor more than eighty (80) hours. The court in which any
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8 such conviction is had shall notify the county superintendent of
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9 public health of such conviction.
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10 B. Any person who engages in an act of prostitution with
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1 1 knowledge that he or she is infected with the human immunodeficiency
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1 2 virus shall, upon conviction, be guilty of a Class D1 felony offense
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1 3 punishable by imprisonment as provided for in subsections B through
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1 4 F E of Section 20N of this title.
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15 C. Any person who engages in an act of child prostitution sex
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1 6 trafficking as defined in Section 1030 of this title shall, upon
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1 7 conviction, be guilty of a Class B1 felony offense punishable by
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1 8 imprisonment in the custody of the Department of Corrections for not
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1 9 more than ten (10) years and by fines as follows: a fine not more
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2 0 than Five Thousand Dollars ($5,000.00) upon the first conviction, a
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2 1 fine not more than Ten Thousand Dollars ($10,000.00) upon the second
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2 2 conviction, and a fine not more than Fifteen Thousand Dollars
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2 3 ($15,000.00) upon the third or subsequent convictions. Any person
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1 convicted pursuant to this subsection shall not be eligible for
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2 parole consideration or any earned credits.
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3 D. Any person violating any of the provisions of Section 1029
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4 or 1030 of this title within one thousand (1,000) feet of a school
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5 or church shall, upon conviction, be guilty of a Class D1 felony
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6 offense and shall be punished by imprisonment as provided for in
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7 subsections B through F E of Section 20N of this title, or by fines
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8 as follows: a fine not more than Two Thousand Five Hundred Dollars
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9 ($2,500.00) upon the first conviction for violation of any of such
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1 0 provisions, a fine not more than Five Thousand Dollars ($5,000.00)
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1 1 upon the second conviction for violation of any of such provisions,
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1 2 and a fine not more than Seven Thousand Five Hundred Dollars
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1 3 ($7,500.00) upon the third or subsequent convictions for violation
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1 4 of any of such provisions, or by both such imprisonment and fine.
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1 5 In addition, the court may require a term of community service not
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1 6 less than forty (40) hours nor more than eighty (80) hours. The
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1 7 court in which any such conviction is had shall notify the county
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1 8 superintendent of public health of such conviction.
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19 E. Any person violating paragraph 4 of subsection A of Section
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2 0 1029 of this title shall, upon conviction, be guilty of a Class B4
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2 1 felony offense and shall be punished in accordance with the
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2 2 provisions of subsection B of Section 1040.57 of this title.
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1 SECTION 4. REPEALER 21 O.S. 2021, Section 13.1, as
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2 amended by Section 5, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2025,
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3 Section 13.1), is hereby repealed.
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4 SECTION 5. REPEALER 21 O.S. 2021, Section 13.1, as last
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5 amended by Section 2, Chapter 18, O.S.L. 2025 (21 O.S. Supp. 2025,
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6 Section 13.1), is hereby repealed.
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7 SECTION 6. REPEALER 21 O.S. 2021, Section 13.1, as last
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8 amended by Section 1, Chapter 352, O.S.L. 2025 (21 O.S. Supp. 2025,
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9 Section 13.1), is hereby repealed.
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10 SECTION 7. REPEALER 21 O.S. 2021, Section 748, as last
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1 1 amended by Section 2, Chapter 291, O.S.L. 2025 (21 O.S. Supp. 2025,
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1 2 Section 748), is hereby repealed.
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13 SECTION 8. REPEALER 21 O.S. 2021, Section 1031, as last
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1 4 amended by Section 5, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2025,
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1 5 Section 1031), is hereby repealed.
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16 SECTION 9. This act shall become effective November 1, 2026.
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Req. No. 2596 Page 13Every fact on this page links to its source, starting with the official bill record.