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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1540 By: Bullard
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to crimes and punishments; amending
7 Section 11, Chapter 366, O.S.L. 2024 (21 O.S. Supp.
8 2025, Section 20K), which relates to Class B6 felony
8 offenses; adding certain offense; updating statutory
9 references; amending 21 O.S. 2021, Section 51.1a,
9 which relates to second offense of first degree rape,
10 sodomy, lewd molestation, or sexual abuse of a child;
10 modifying certain sentencing provision; amending 21
11 O.S. 2021, Section 843.5, as last amended by Section
11 8, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
12 Section 843.5), which relates to child abuse;
12 creating felony offense; providing penalties;
13 requiring certain advisement; defining term; amending
13 22 O.S. 2021, Section 991a, as last amended by
14 Section 1, Chapter 306, O.S.L. 2025 (22 O.S. Supp.
14 2025, Section 991a), which relates to sentencing
15 powers of the court; modifying certain confinement
15 criteria; and providing an effective date.
16
16
17
17
18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
18
19 SECTION 1. AMENDATORY Section 11, Chapter 366, O.S.L.
19
20 2024 (21 O.S. Supp. 2025, Section 20K), is amended to read as
20
21 follows:
21
22 Section 20K. A. Upon the effective date of this act On or
22
23 after January 1, 2026, Class B6 shall include the following criminal
23
24 offenses:
24
Req. No. 2243 Page 1
1 1. Striking, tormenting, mistreating, or administering a
1
2 nonpoisonous desensitizing substance to a police dog or police
2
3 horse, as provided for in subsection A of Section 649.1 of Title 21
3
4 of the Oklahoma Statutes this title;
4
5 2. Interfering with the lawful performance of a police dog or
5
6 police horse, as provided for in subsection B of Section 649.1 of
6
7 Title 21 of the Oklahoma Statutes this title;
7
8 3. Harming, torturing, injuring, disabling, or otherwise
8
9 mistreating or killing a service animal during the commission of a
9
10 misdemeanor or felony offense, as provided for in subsection D of
10
11 Section 649.3 of Title 21 of the Oklahoma Statutes this title;
11
12 4. Assault, battery, or assault and battery upon a Department
12
13 of Corrections employee by a person in the custody of the Department
13
14 of Corrections, as provided for in subsection A of Section 650.2 of
14
15 Title 21 of the Oklahoma Statutes this title;
15
16 5. Assault, battery, or assault and battery upon an employee of
16
17 a private prison contractor by a person incarcerated in an
17
18 institution operated by a private prison contractor, as provided for
18
19 in subsection B of Section 650.2 of Title 21 of the Oklahoma
19
20 Statutes this title;
20
21 6. Aggravated assault and battery upon a Department of Human
21
22 Services employee or contractor, as provided for in subsection C of
22
23 Section 650.2 of Title 21 of the Oklahoma Statutes this title;
23
24
24
Req. No. 2243 Page 2
1 7. Assault, battery, or assault and battery upon an employee of
1
2 the Office of Juvenile Affairs by a person in the custody of the
2
3 Office of Juvenile Affairs, as provided for in subsection D of
3
4 Section 650.2 of Title 21 of the Oklahoma Statutes this title;
4
5 8. Assault, battery, or assault and battery upon a medical care
5
6 provider, as provided for in Section 650.4 of Title 21 of the
6
7 Oklahoma Statutes this title;
7
8 9. Assault, battery, or assault and battery upon an officer of
8
9 the court, witness, or juror, as provided for in subsection B of
9
10 Section 650.6 of Title 21 of the Oklahoma Statutes this title;
10
11 10. Aggravated assault and battery upon a school employee, as
11
12 provided for in subsection C of Section 650.7 of Title 21 of the
12
13 Oklahoma Statutes this title;
13
14 11. Assault, battery, or assault and battery upon an employee
14
15 of a facility maintained by the Office of Juvenile Affairs, a
15
16 facility maintained by a private contractor, juvenile detention
16
17 center, or juvenile bureau, as provided for in Section 650.8 of
17
18 Title 21 of the Oklahoma Statutes this title;
18
19 12. Throwing, transferring, or placing any feces, urine, semen,
19
20 saliva, or blood upon an employee of the state, a county, or a city,
20
21 as provided for in Section 650.9 of Title 21 of the Oklahoma
21
22 Statutes this title;
22
23 13. Medical battery, as provided for in Section 650.11 of Title
23
24 21 of the Oklahoma Statutes this title; and
24
Req. No. 2243 Page 3
1 14. Grooming, as provided for in Section 843.5 of this title;
1
2 and
2
3 15. Child endangerment, as provided for in Section 852.1 of
3
4 Title 21 of the Oklahoma Statutes this title.
4
5 B. Any person convicted of a Class B6 criminal offense set
5
6 forth in this section shall be punished in accordance with the
6
7 corresponding penalties provided for in the Oklahoma Statutes.
7
8 SECTION 2. AMENDATORY 21 O.S. 2021, Section 51.1a, is
8
9 amended to read as follows:
9
10 Section 51.1a. Any person convicted of rape in the first
10
11 degree, forcible sodomy, lewd molestation, grooming, or sexual abuse
11
12 of a child after having been convicted of either rape in the first
12
13 degree, forcible sodomy, lewd molestation, grooming, or sexual abuse
13
14 of a child shall be sentenced to life without parole.
14
15 SECTION 3. AMENDATORY 21 O.S. 2021, Section 843.5, as
15
16 last amended by Section 8, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
16
17 2025, Section 843.5), is amended to read as follows:
17
18 Section 843.5. A. Any person who shall willfully or
18
19 maliciously engage in child abuse, as defined in this section,
19
20 shall, upon conviction, be guilty of a Class A3 felony offense
20
21 punishable by imprisonment in the custody of the Department of
21
22 Corrections not exceeding life imprisonment, or by imprisonment in a
22
23 county jail not exceeding one (1) year, or by a fine of not less
23
24
24
Req. No. 2243 Page 4
1 than Five Hundred Dollars ($500.00) nor more than Five Thousand
1
2 Dollars ($5,000.00), or both such fine and imprisonment.
2
3 B. Any person responsible for the health, safety or welfare of
3
4 a child who shall willfully or maliciously engage in enabling child
4
5 abuse, as defined in this section, shall, upon conviction, be guilty
5
6 of a Class A3 felony offense and shall be punished by imprisonment
6
7 in the custody of the Department of Corrections not exceeding life
7
8 imprisonment, or by imprisonment in a county jail not exceeding one
8
9 (1) year, or by a fine of not less than Five Hundred Dollars
9
10 ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
10
11 such fine and imprisonment.
11
12 C. Any person responsible for the health, safety or welfare of
12
13 a child who shall willfully or maliciously engage in child neglect,
13
14 as defined in this section, shall, upon conviction, be guilty of a
14
15 Class B1 felony offense and shall be punished by imprisonment in the
15
16 custody of the Department of Corrections not exceeding life
16
17 imprisonment, or by imprisonment in a county jail not exceeding one
17
18 (1) year, or by a fine of not less than Five Hundred Dollars
18
19 ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
19
20 such fine and imprisonment.
20
21 D. Any parent or other person who shall willfully or
21
22 maliciously engage in enabling child neglect shall, upon conviction,
22
23 be guilty of a Class B1 felony offense and shall be punished by
23
24 imprisonment in the custody of the Department of Corrections not
24
Req. No. 2243 Page 5
1 exceeding life imprisonment, or by imprisonment in a county jail not
1
2 exceeding one (1) year, or by a fine of not less than Five Hundred
2
3 Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
3
4 or both such fine and imprisonment.
4
5 E. Any person responsible for the health, safety or welfare of
5
6 a child who shall willfully or maliciously engage in child sexual
6
7 abuse, as defined in this section, shall, upon conviction, be guilty
7
8 of a Class A3 felony offense and shall be punished by imprisonment
8
9 in the custody of the Department of Corrections not exceeding life
9
10 imprisonment, or by imprisonment in a county jail not exceeding one
10
11 (1) year, or by a fine of not less than Five Hundred Dollars
11
12 ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
12
13 such fine and imprisonment, except as provided in Section 51.1a of
13
14 this title or as otherwise provided in subsection F of this section
14
15 for a child victim under twelve (12) years of age. Except for
15
16 persons sentenced to life or life without parole, any person
16
17 sentenced to imprisonment for two (2) years or more for a violation
17
18 of this subsection shall be required to serve a term of post-
18
19 imprisonment supervision pursuant to subparagraph f of paragraph 1
19
20 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
20
21 under conditions determined by the Department of Corrections. The
21
22 jury shall be advised that the mandatory post-imprisonment
22
23 supervision shall be in addition to the actual imprisonment.
23
24
24
Req. No. 2243 Page 6
1 F. Any person responsible for the health, safety or welfare of
1
2 a child who shall willfully or maliciously engage in child sexual
2
3 abuse, as defined in this section, to a child under twelve (12)
3
4 years of age shall, upon conviction, be guilty of a Class A1 felony
4
5 offense and shall be punished by imprisonment in the custody of the
5
6 Department of Corrections for not less than twenty-five (25) years
6
7 nor more than life imprisonment, and by a fine of not less than Five
7
8 Hundred Dollars ($500.00) nor more than Five Thousand Dollars
8
9 ($5,000.00).
9
10 G. Any parent or other person who shall willfully or
10
11 maliciously engage in enabling child sexual abuse shall, upon
11
12 conviction, be guilty of a Class A3 felony offense and shall be
12
13 punished by imprisonment in the custody of the Department of
13
14 Corrections not exceeding life imprisonment, or by imprisonment in a
14
15 county jail not exceeding one (1) year, or by a fine of not less
15
16 than Five Hundred Dollars ($500.00) nor more than Five Thousand
16
17 Dollars ($5,000.00), or both such fine and imprisonment.
17
18 H. Any person who shall willfully or maliciously engage in
18
19 child sexual exploitation, as defined in this section, shall, upon
19
20 conviction, be guilty of a Class A3 felony offense and shall be
20
21 punished by imprisonment in the custody of the Department of
21
22 Corrections not exceeding life imprisonment, or by imprisonment in a
22
23 county jail not exceeding one (1) year, or by a fine of not less
23
24 than Five Hundred Dollars ($500.00) nor more than Five Thousand
24
Req. No. 2243 Page 7
1 Dollars ($5,000.00), or both such fine and imprisonment, except as
1
2 provided in subsection I of this section for a child victim under
2
3 twelve (12) years of age. Except for persons sentenced to life or
3
4 life without parole, any person sentenced to imprisonment for two
4
5 (2) years or more for a violation of this subsection shall be
5
6 required to serve a term of post-imprisonment supervision pursuant
6
7 to subparagraph f of paragraph 1 of subsection A of Section 991a of
7
8 Title 22 of the Oklahoma Statutes under conditions determined by the
8
9 Department of Corrections. The jury shall be advised that the
9
10 mandatory post-imprisonment supervision shall be in addition to the
10
11 actual imprisonment.
11
12 I. Any person who shall willfully or maliciously engage in
12
13 child sexual exploitation, as defined in this section, of a child
13
14 under twelve (12) years of age shall, upon conviction, be guilty of
14
15 a Class A1 felony offense and shall be punished by imprisonment in
15
16 the custody of the Department of Corrections for not less than
16
17 twenty-five (25) years nor more than life imprisonment, and by a
17
18 fine of not less than Five Hundred Dollars ($500.00) nor more than
18
19 Five Thousand Dollars ($5,000.00).
19
20 J. Any person responsible for the health, safety or welfare of
20
21 a child who shall willfully or maliciously engage in enabling child
21
22 sexual exploitation, as defined in this section, shall, upon
22
23 conviction, be guilty of a Class A3 felony offense and shall be
23
24 punished by imprisonment in the custody of the Department of
24
Req. No. 2243 Page 8
1 Corrections not exceeding life imprisonment, or by imprisonment in a
1
2 county jail not exceeding one (1) year, or by a fine of not less
2
3 than Five Hundred Dollars ($500.00) nor more than Five Thousand
3
4 Dollars ($5,000.00), or both such fine and imprisonment.
4
5 K. Notwithstanding any other provision of law, any person
5
6 convicted of forcible anal or oral sodomy, rape, rape by
6
7 instrumentation, or lewd molestation of a child under fourteen (14)
7
8 years of age subsequent to a previous conviction for any offense of
8
9 forcible anal or oral sodomy, rape, rape by instrumentation, or lewd
9
10 molestation of a child under fourteen (14) years of age shall be
10
11 guilty of a Class A1 felony offense and shall be punished by death
11
12 or by imprisonment for life without parole.
12
13 L. Provided, however, that nothing contained in this section
13
14 shall prohibit any parent or guardian from using reasonable and
14
15 ordinary force pursuant to Section 844 of this title.
15
16 M. Consent shall not be a defense for any violation provided
16
17 for in this section.
17
18 N. Any person who shall willfully or maliciously engage in
18
19 grooming, as defined in this section, shall, upon conviction, be
19
20 guilty of a Class B6 felony offense punishable by imprisonment in
20
21 the custody of the Department of Corrections for not more than ten
21
22 (10) years, by a fine not less than Ten Thousand Dollars
22
23 ($10,000.00), or by both such imprisonment and fine. Except for
23
24 persons sentenced to life or life without parole, any person
24
Req. No. 2243 Page 9
1 sentenced to imprisonment for two (2) years or more for a violation
1
2 of this subsection shall be required to serve a term of post-
2
3 imprisonment supervision pursuant to subparagraph f of paragraph 1
3
4 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
4
5 under conditions determined by the Department of Corrections. The
5
6 jury shall be advised that the mandatory post-imprisonment
6
7 supervision shall be in addition to the actual imprisonment.
7
8 O. Notwithstanding the age requirements of other statutes
8
9 referenced within this section, this section shall apply to any
9
10 child under eighteen (18) years of age.
10
11 O. P. As used in this section:
11
12 1. "Child abuse" means:
12
13 a. the willful or malicious harm or threatened harm or
13
14 failure to protect from harm or threatened harm to the
14
15 health, safety or welfare of a child under eighteen
15
16 (18) years of age by a person responsible for a
16
17 child's health, safety or welfare, or
17
18 b. the act of willfully or maliciously injuring,
18
19 torturing or maiming a child under eighteen (18) years
19
20 of age by any person;
20
21 2. "Child neglect" means the willful or malicious neglect, as
21
22 defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
22
23 a child under eighteen (18) years of age by a person responsible for
23
24 a child's health, safety or welfare;
24
Req. No. 2243 Page 10
1 3. "Child sexual abuse" means the willful or malicious sexual
1
2 abuse of a child under eighteen (18) years of age by a person
2
3 responsible for a child's health, safety or welfare and includes,
3
4 but is not limited to:
4
5 a. sexual intercourse,
5
6 b. penetration of the vagina or anus, however slight, by
6
7 an inanimate object or any part of the human body not
7
8 amounting to sexual intercourse,
8
9 c. sodomy,
9
10 d. incest, or
10
11 e. a lewd act or proposal, as defined in this section;
11
12 4. "Child sexual exploitation" means the willful or malicious
12
13 sexual exploitation of a child under eighteen (18) years of age by
13
14 another and includes, but is not limited to:
14
15 a. human trafficking, as provided for in Section 748 of
15
16 this title, if the offense involved child trafficking
16
17 for commercial sex,
17
18 b. trafficking in children, as provided for in Section
18
19 866 of this title, if the offense was committed for
19
20 the sexual gratification of any person,
20
21 c. procuring or causing the participation of a minor in
21
22 child pornography, as provided for in Section 1021.2
22
23 of this title,
23
24
24
Req. No. 2243 Page 11
1 d. purchase, procurement or possession of child
1
2 pornography, as provided for in Section 1024.2 of this
2
3 title,
3
4 e. engaging in or soliciting prostitution, as provided
4
5 for in Section 1029 of this title, if the offense
5
6 involved child sex trafficking,
6
7 f. publication, distribution or participation in the
7
8 preparation of obscene material, as provided for in
8
9 Section 1040.8 of this title, if the offense involved
9
10 child pornography,
10
11 g. aggravated possession of child pornography, as
11
12 provided for in Section 1040.12a of this title,
12
13 h. sale or distribution of obscene material, as provided
13
14 for in Section 1040.13 of this title,
14
15 i. soliciting sexual conduct or communication with a
15
16 minor by use of technology, as provided for in Section
16
17 1040.13a of this title,
17
18 j. offering or transporting a child for purposes of child
18
19 sex trafficking, as provided for in Section 1087 of
19
20 this title, and
20
21 k. child sex trafficking, as provided for in Section 1088
21
22 of this title;
22
23
23
24
24
Req. No. 2243 Page 12
1 5. "Enabling child abuse" means the causing, procuring or
1
2 permitting of child abuse by a person responsible for a child's
2
3 health, safety or welfare;
3
4 6. "Enabling child neglect" means the causing, procuring or
4
5 permitting of child neglect by a person responsible for a child's
5
6 health, safety or welfare;
6
7 7. "Enabling child sexual abuse" means the causing, procuring
7
8 or permitting of child sexual abuse by a person responsible for a
8
9 child's health, safety or welfare;
9
10 8. "Enabling child sexual exploitation" means the causing,
10
11 procuring or permitting of child sexual exploitation by a person
11
12 responsible for a child's health, safety or welfare;
12
13 9. "Grooming" means befriending and establishing an emotional
13
14 connection with a minor or a person responsible for the health,
14
15 safety, or welfare of a minor in order to lower the minor's
15
16 inhibitions with the intent to engage the minor in:
16
17 a. sexual intercourse,
17
18 b. a lewd act or proposal,
18
19 c. the viewing of lewd material,
19
20 d. penetration of the vagina or anus, however slight, by
20
21 an inanimate object or any part of the human body not
21
22 amounting to sexual intercourse,
22
23 e. sodomy, or
23
24 f. incest;
24
Req. No. 2243 Page 13
1 10. "Incest" means marrying, committing adultery or fornicating
1
2 with a child by a person responsible for the health, safety or
2
3 welfare of a child;
3
4 10. 11. "Lewd act or proposal" means:
4
5 a. making any oral, written or electronic or computer-
5
6 generated lewd or indecent proposal to a child for the
6
7 child to have unlawful sexual relations or sexual
7
8 intercourse with any person,
8
9 b. looking upon, touching, mauling or feeling the body or
9
10 private parts of a child in a lewd or lascivious
10
11 manner or for the purpose of sexual gratification,
11
12 c. asking, inviting, enticing or persuading any child to
12
13 go alone with any person to a secluded, remote or
13
14 secret place for a lewd or lascivious purpose,
14
15 d. urinating or defecating upon a child or causing,
15
16 forcing or requiring a child to defecate or urinate
16
17 upon the body or private parts of another person for
17
18 the purpose of sexual gratification,
18
19 e. ejaculating upon or in the presence of a child,
19
20 f. causing, exposing, forcing or requiring a child to
20
21 look upon the body or private parts of another person
21
22 for the purpose of sexual gratification,
22
23 g. causing, forcing or requiring any child to view any
23
24 obscene materials, child pornography or materials
24
Req. No. 2243 Page 14
1 deemed harmful to minors as such terms are defined in
1
2 Sections 1024.1 and 1040.75 of this title,
2
3 h. causing, exposing, forcing or requiring a child to
3
4 look upon sexual acts performed in the presence of the
4
5 child for the purpose of sexual gratification, or
5
6 i. causing, forcing or requiring a child to touch or feel
6
7 the body or private parts of the child or another
7
8 person for the purpose of sexual gratification;
8
9 11. 12. "Permit" means to authorize or allow for the care of a
9
10 child by an individual when the person authorizing or allowing such
10
11 care knows or reasonably should know that the child will be placed
11
12 at risk of the conduct or harm proscribed by this section;
12
13 12. 13. "Person responsible for a child's health, safety or
13
14 welfare" for purposes of this section shall include, but not be
14
15 limited to:
15
16 a. the parent of the child,
16
17 b. the legal guardian of the child,
17
18 c. the custodian of the child,
18
19 d. the foster parent of the child,
19
20 e. a person eighteen (18) years of age or older with whom
20
21 the parent of the child cohabitates, who is at least
21
22 three (3) years older than the child,
22
23
23
24
24
Req. No. 2243 Page 15
1 f. any other person eighteen (18) years of age or older
1
2 residing in the home of the child, who is at least
2
3 three (3) years older than the child,
3
4 g. an owner, operator, agent, employee or volunteer of a
4
5 public or private residential home, institution,
5
6 facility or day treatment program, as defined in
6
7 Section 175.20 of Title 10 of the Oklahoma Statutes,
7
8 that the child attended,
8
9 h. an owner, operator, agent, employee or volunteer of a
9
10 child care facility, as defined in Section 402 of
10
11 Title 10 of the Oklahoma Statutes, that the child
11
12 attended,
12
13 i. an intimate partner of the parent of the child, as
13
14 defined in Section 60.1 of Title 22 of the Oklahoma
14
15 Statutes, or
15
16 j. a person who has voluntarily accepted responsibility
16
17 for the care or supervision of a child;
17
18 13. 14. "Sexual intercourse" means the actual penetration,
18
19 however slight, of the vagina or anus by the penis; and
19
20 14. 15. "Sodomy" means:
20
21 a. penetration, however slight, of the mouth of the child
21
22 by a penis,
22
23
23
24
24
Req. No. 2243 Page 16
1 b. penetration, however slight, of the vagina of a person
1
2 responsible for a child's health, safety or welfare,
2
3 by the mouth of a child,
3
4 c. penetration, however slight, of the mouth of the
4
5 person responsible for a child's health, safety or
5
6 welfare by the penis of the child, or
6
7 d. penetration, however slight, of the vagina of the
7
8 child by the mouth of the person responsible for a
8
9 child's health, safety or welfare.
9
10 SECTION 4. AMENDATORY 22 O.S. 2021, Section 991a, as
10
11 last amended by Section 1, Chapter 306, O.S.L. 2025 (22 O.S. Supp.
11
12 2025, Section 991a), is amended to read as follows:
12
13 Section 991a. A. Except as otherwise provided in the Elderly
13
14 and Incapacitated Victim's Protection Program, when a defendant is
14
15 convicted of a crime and no death sentence is imposed, the court
15
16 shall either:
16
17 1. Suspend the execution of sentence in whole or in part, with
17
18 or without probation. The court, in addition, may order the
18
19 convicted defendant at the time of sentencing or at any time during
19
20 the suspended sentence to do one or more of the following:
20
21 a. to provide restitution to the victim as provided by
21
22 Section 991f et seq. of this title or according to a
22
23 schedule of payments established by the sentencing
23
24 court, together with interest upon any pecuniary sum
24
Req. No. 2243 Page 17
1 at the rate of twelve percent (12%) per annum, if the
1
2 defendant agrees to pay such restitution or, in the
2
3 opinion of the court, if the defendant is able to pay
3
4 such restitution without imposing manifest hardship on
4
5 the defendant or the immediate family and if the
5
6 extent of the damage to the victim is determinable
6
7 with reasonable certainty,
7
8 b. to reimburse any state agency for amounts paid by the
8
9 state agency for hospital and medical expenses
9
10 incurred by the victim or victims, as a result of the
10
11 criminal act for which such person was convicted,
11
12 which reimbursement shall be made directly to the
12
13 state agency, with interest accruing thereon at the
13
14 rate of twelve percent (12%) per annum,
14
15 c. to engage in a term of community service without
15
16 compensation, according to a schedule consistent with
16
17 the employment and family responsibilities of the
17
18 person convicted,
18
19 d. to pay a reasonable sum into any trust fund
19
20 established pursuant to the provisions of Sections 176
20
21 through 180.4 of Title 60 of the Oklahoma Statutes and
21
22 which provides restitution payments by convicted
22
23 defendants to victims of crimes committed within this
23
24
24
Req. No. 2243 Page 18
1 state wherein such victim has incurred a financial
1
2 loss,
2
3 e. to confinement in the county jail for a period not to
3
4 exceed six (6) months,
4
5 f. to confinement as provided by law together with a term
5
6 of post-imprisonment community supervision for not
6
7 less than three (3) years of the total term allowed by
7
8 law for imprisonment, with or without restitution;
8
9 provided, however, the authority of this provision is
9
10 limited to Section 843.5 of Title 21 of the Oklahoma
10
11 Statutes when the offense involved sexual abuse or,
11
12 sexual exploitation, or grooming; Sections 681, 741
12
13 and 843.1 of Title 21 of the Oklahoma Statutes when
13
14 the offense involved sexual abuse or sexual
14
15 exploitation; and Sections 865 et seq., 885, 886, 888,
15
16 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
16
17 1111.1, 1115 and 1123 of Title 21 of the Oklahoma
17
18 Statutes,
18
19 g. to repay the reward or part of the reward paid by a
19
20 local certified crime stoppers program and the
20
21 Oklahoma Reward System. In determining whether the
21
22 defendant shall repay the reward or part of the
22
23 reward, the court shall consider the ability of the
23
24 defendant to make the payment, the financial hardship
24
Req. No. 2243 Page 19
1 on the defendant to make the required payment and the
1
2 importance of the information to the prosecution of
2
3 the defendant as provided by the arresting officer or
3
4 the district attorney with due regard for the
4
5 confidentiality of the records of the local certified
5
6 crime stoppers program and the Oklahoma Reward System.
6
7 The court shall assess this repayment against the
7
8 defendant as a cost of prosecution. The term
8
9 "certified" means crime stoppers organizations that
9
10 annually meet the certification standards for crime
10
11 stoppers programs established by the Oklahoma Crime
11
12 Stoppers Association to the extent those standards do
12
13 not conflict with state statutes. The term "court"
13
14 refers to all municipal and district courts within
14
15 this state. The "Oklahoma Reward System" means the
15
16 reward program established by Section 150.18 of Title
16
17 74 of the Oklahoma Statutes,
17
18 h. to reimburse the Oklahoma State Bureau of
18
19 Investigation for costs incurred by that agency during
19
20 its investigation of the crime for which the defendant
20
21 pleaded guilty, nolo contendere or was convicted
21
22 including compensation for laboratory, technical or
22
23 investigation services performed by the Bureau if, in
23
24 the opinion of the court, the defendant is able to pay
24
Req. No. 2243 Page 20
1 without imposing manifest hardship on the defendant,
1
2 and if the costs incurred by the Bureau during the
2
3 investigation of the defendant's case may be
3
4 determined with reasonable certainty,
4
5 i. to reimburse the Oklahoma State Bureau of
5
6 Investigation and any authorized law enforcement
6
7 agency for all costs incurred by that agency for
7
8 cleaning up an illegal drug laboratory site for which
8
9 the defendant pleaded guilty, nolo contendere or was
9
10 convicted. The court clerk shall collect the amount
10
11 and may retain five percent (5%) of such monies to be
11
12 deposited in the Court Clerk's Revolving Fund to cover
12
13 administrative costs and shall remit the remainder to
13
14 the Oklahoma State Bureau of Investigation to be
14
15 deposited in the OSBI Revolving Fund established by
15
16 Section 150.19a of Title 74 of the Oklahoma Statutes
16
17 or to the general fund wherein the other law
17
18 enforcement agency is located,
18
19 j. to pay a reasonable sum to the Crime Victims
19
20 Compensation Board, created by Section 142.2 et seq.
20
21 of Title 21 of the Oklahoma Statutes, for the benefit
21
22 of crime victims,
22
23
23
24
24
Req. No. 2243 Page 21
1 k. to reimburse the court fund for amounts paid to court-
1
2 appointed attorneys for representing the defendant in
2
3 the case in which the person is being sentenced,
3
4 l. to participate in an assessment and evaluation by an
4
5 assessment agency or assessment personnel certified by
5
6 the Department of Mental Health and Substance Abuse
6
7 Services pursuant to Section 3-460 of Title 43A of the
7
8 Oklahoma Statutes and, as determined by the
8
9 assessment, participate in an alcohol and drug
9
10 substance abuse course or treatment program or both,
10
11 pursuant to Sections 3-452 and 3-453 of Title 43A of
11
12 the Oklahoma Statutes, or as ordered by the court,
12
13 m. to be placed in a victims impact panel program, as
13
14 defined in subsection H of this section, or
14
15 victim/offender reconciliation program and payment of
15
16 a fee to the program of Seventy-five Dollars ($75.00)
16
17 as set by the governing authority of the program to
17
18 offset the cost of participation by the defendant.
18
19 Provided, each victim/offender reconciliation program
19
20 shall be required to obtain a written consent form
20
21 voluntarily signed by the victim and defendant that
21
22 specifies the methods to be used to resolve the
22
23 issues, the obligations and rights of each person and
23
24 the confidentiality of the proceedings. Volunteer
24
Req. No. 2243 Page 22
1 mediators and employees of a victim/offender
1
2 reconciliation program shall be immune from liability
2
3 and have rights of confidentiality as provided in
3
4 Section 1805 of Title 12 of the Oklahoma Statutes,
4
5 n. to install, at the expense of the defendant, an
5
6 ignition interlock device approved by the Board of
6
7 Tests for Alcohol and Drug Influence. The device
7
8 shall be installed upon every motor vehicle operated
8
9 by the defendant, and the court shall require that a
9
10 notation of this restriction be affixed to the
10
11 defendant's driver license. The restriction shall
11
12 remain on the driver license not exceeding two (2)
12
13 years to be determined by the court. The restriction
13
14 may be modified or removed only by order of the court
14
15 and notice of any modification order shall be given to
15
16 Service Oklahoma. Upon the expiration of the period
16
17 for the restriction, Service Oklahoma shall remove the
17
18 restriction without further court order. Failure to
18
19 comply with the order to install an ignition interlock
19
20 device or operating any vehicle without a device
20
21 during the period of restriction shall be a violation
21
22 of the sentence and may be punished as deemed proper
22
23 by the sentencing court. As used in this paragraph,
23
24 "ignition interlock device" means a device that,
24
Req. No. 2243 Page 23
1 without tampering or intervention by another person,
1
2 would prevent the defendant from operating a motor
2
3 vehicle if the defendant has a blood or breath alcohol
3
4 concentration of two-hundredths (0.02) or greater,
4
5 o. to be confined by electronic monitoring administered
5
6 and supervised by the Department of Corrections or a
6
7 community sentence provider, and payment of a
7
8 monitoring fee to the supervising authority, not to
8
9 exceed Three Hundred Dollars ($300.00) per month. Any
9
10 fees collected pursuant to this subparagraph shall be
10
11 deposited with the appropriate supervising authority.
11
12 Any willful violation of an order of the court for the
12
13 payment of the monitoring fee shall be a violation of
13
14 the sentence and may be punished as deemed proper by
14
15 the sentencing court. As used in this paragraph,
15
16 "electronic monitoring" means confinement of the
16
17 defendant within a specified location or locations
17
18 with supervision by means of an electronic device
18
19 approved by the Department of Corrections which is
19
20 designed to detect if the defendant is in the court-
20
21 ordered location at the required times and which
21
22 records violations for investigation by a qualified
22
23 supervisory agency or person,
23
24
24
Req. No. 2243 Page 24
1 p. to perform one or more courses of treatment, education
1
2 or rehabilitation for any conditions, behaviors,
2
3 deficiencies or disorders which may contribute to
3
4 criminal conduct including but not limited to alcohol
4
5 and substance abuse, mental health, emotional health,
5
6 physical health, propensity for violence, antisocial
6
7 behavior, personality or attitudes, deviant sexual
7
8 behavior, child development, parenting assistance, job
8
9 skills, vocational-technical skills, domestic
9
10 relations, literacy, education or any other
10
11 identifiable deficiency which may be treated
11
12 appropriately in the community and for which a
12
13 certified provider or a program recognized by the
13
14 court as having significant positive impact exists in
14
15 the community. Any treatment, education or
15
16 rehabilitation provider required to be certified
16
17 pursuant to law or rule shall be certified by the
17
18 appropriate state agency or a national organization,
18
19 q. to submit to periodic testing for alcohol,
19
20 intoxicating substance or controlled dangerous
20
21 substances by a qualified laboratory,
21
22 r. to pay a fee or costs for treatment, education,
22
23 supervision, participation in a program or any
23
24
24
Req. No. 2243 Page 25
1 combination thereof as determined by the court, based
1
2 upon the defendant's ability to pay the fees or costs,
2
3 s. to be supervised by a Department of Corrections
3
4 employee, a private supervision provider or other
4
5 person designated by the court,
5
6 t. to obtain positive behavior modeling by a trained
6
7 mentor,
7
8 u. to serve a term of confinement in a restrictive
8
9 housing facility available in the community,
9
10 v. to serve a term of confinement in the county jail at
10
11 night or during weekends pursuant to Section 991a-2 of
11
12 this title or for work release,
12
13 w. to obtain employment or participate in employment-
13
14 related activities,
14
15 x. to participate in mandatory day reporting to
15
16 facilities or persons for services, payments, duties
16
17 or person-to-person contacts as specified by the
17
18 court,
18
19 y. to pay day fines not to exceed fifty percent (50%) of
19
20 the net wages earned. For purposes of this paragraph,
20
21 "day fine" means the offender is ordered to pay an
21
22 amount calculated as a percentage of net daily wages
22
23 earned. The day fine shall be paid to the local
23
24 community sentencing system as reparation to the
24
Req. No. 2243 Page 26
1 community. Day fines shall be used to support the
1
2 local system,
2
3 z. to submit to blood or saliva testing as required by
3
4 subsection I of this section,
4
5 aa. to repair or restore property damaged by the
5
6 defendant's conduct, if the court determines the
6
7 defendant possesses sufficient skill to repair or
7
8 restore the property and the victim consents to the
8
9 repairing or restoring of the property,
9
10 bb. to restore damaged property in kind or payment of out-
10
11 of-pocket expenses to the victim, if the court is able
11
12 to determine the actual out-of-pocket expenses
12
13 suffered by the victim,
13
14 cc. to attend a victim-offender reconciliation program if
14
15 the victim agrees to participate and the offender is
15
16 deemed appropriate for participation,
16
17 dd. to prioritize payments for restitution to the victim,
17
18 ee. in the case of a person convicted of prostitution
18
19 pursuant to Section 1029 of Title 21 of the Oklahoma
19
20 Statutes, require such person to receive counseling
20
21 for the behavior which may have caused such person to
21
22 engage in prostitution activities. Such person may be
22
23 required to receive counseling in areas including but
23
24 not limited to alcohol and substance abuse, sexual
24
Req. No. 2243 Page 27
1 behavior problems or domestic abuse or child abuse
1
2 problems,
2
3 ff. in the case of a sex offender sentenced after November
3
4 1, 1989, and required by law to register pursuant to
4
5 the Sex Offender Registration Act, the court shall
5
6 require the person to comply with sex offender
6
7 specific rules and conditions of supervision
7
8 established by the Department of Corrections and
8
9 require the person to participate in a treatment
9
10 program designed for the treatment of sex offenders
10
11 during the period of time while the offender is
11
12 subject to supervision by the Department of
12
13 Corrections. The treatment program shall include
13
14 polygraph examinations specifically designed for use
14
15 with sex offenders for purposes of supervision and
15
16 treatment compliance, and shall be administered not
16
17 less than each six (6) months during the period of
17
18 supervision. The examination shall be administered by
18
19 a certified licensed polygraph examiner. The
19
20 treatment program must be approved by the Department
20
21 of Corrections or the Department of Mental Health and
21
22 Substance Abuse Services. Such treatment shall be at
22
23 the expense of the defendant based on the defendant's
23
24 ability to pay,
24
Req. No. 2243 Page 28
1 gg. in addition to other sentencing powers of the court,
1
2 the court in the case of a defendant being sentenced
2
3 for a felony conviction for a violation of Section 2-
3
4 402 of Title 63 of the Oklahoma Statutes which
4
5 involves marijuana may require the person to
5
6 participate in a drug court program, if available. If
6
7 a drug court program is not available, the defendant
7
8 may be required to participate in a community
8
9 sanctions program, if available,
9
10 hh. in the case of a person convicted of any false or
10
11 bogus check violation, as defined in Section 1541.4 of
11
12 Title 21 of the Oklahoma Statutes, impose a fee of
12
13 Twenty-five Dollars ($25.00) to the victim for each
13
14 check, and impose a bogus check fee to be paid to the
14
15 district attorney. The bogus check fee paid to the
15
16 district attorney shall be equal to the amount
16
17 assessed as court costs plus Twenty-five Dollars
17
18 ($25.00) for each check upon filing of the case in
18
19 district court. This money shall be deposited in the
19
20 Bogus Check Restitution Program Fund as established in
20
21 subsection B of Section 114 of this title.
21
22 Additionally, the court may require the offender to
22
23 pay restitution and bogus check fees on any other
23
24
24
Req. No. 2243 Page 29
1 bogus check or checks that have been submitted to the
1
2 Bogus Check Restitution Program, and
2
3 ii. any other provision specifically ordered by the court.
3
4 However, any such order for restitution, community service,
4
5 payment to a local certified crime stoppers program, payment to the
5
6 Oklahoma Reward System or confinement in the county jail, or a
6
7 combination thereof, shall be made in conjunction with probation and
7
8 shall be made a condition of the suspended sentence.
8
9 However, unless under the supervision of the district attorney,
9
10 the offender shall be required to pay Forty Dollars ($40.00) per
10
11 month to the district attorney during the first two (2) years of
11
12 probation to compensate the district attorney for the costs incurred
12
13 during the prosecution of the offender and for the additional work
13
14 of verifying the compliance of the offender with the rules and
14
15 conditions of his or her probation. The district attorney may waive
15
16 any part of this requirement in the best interests of justice. The
16
17 court shall not waive, suspend, defer or dismiss the costs of
17
18 prosecution in its entirety. However, if the court determines that
18
19 a reduction in the fine, costs and costs of prosecution is
19
20 warranted, the court shall equally apply the same percentage
20
21 reduction to the fine, costs and costs of prosecution owed by the
21
22 offender;
22
23 2. Impose a fine prescribed by law for the offense, with or
23
24 without probation or commitment and with or without restitution or
24
Req. No. 2243 Page 30
1 service as provided for in this section, Section 991a-4.1 of this
1
2 title or Section 227 of Title 57 of the Oklahoma Statutes;
2
3 3. Commit such person for confinement provided for by law with
3
4 or without restitution as provided for in this section;
4
5 4. Order the defendant to reimburse the Oklahoma State Bureau
5
6 of Investigation for costs incurred by that agency during its
6
7 investigation of the crime for which the defendant pleaded guilty,
7
8 nolo contendere or was convicted including compensation for
8
9 laboratory, technical or investigation services performed by the
9
10 Bureau if, in the opinion of the court, the defendant is able to pay
10
11 without imposing manifest hardship on the defendant, and if the
11
12 costs incurred by the Bureau during the investigation of the
12
13 defendant's case may be determined with reasonable certainty;
13
14 5. Order the defendant to reimburse the Oklahoma State Bureau
14
15 of Investigation for all costs incurred by that agency for cleaning
15
16 up an illegal drug laboratory site for which the defendant pleaded
16
17 guilty, nolo contendere or was convicted. The court clerk shall
17
18 collect the amount and may retain five percent (5%) of such monies
18
19 to be deposited in the Court Clerk's Revolving Fund to cover
19
20 administrative costs and shall remit the remainder to the Oklahoma
20
21 State Bureau of Investigation to be deposited in the OSBI Revolving
21
22 Fund established by Section 150.19a of Title 74 of the Oklahoma
22
23 Statutes;
23
24
24
Req. No. 2243 Page 31
1 6. In the case of nonviolent felony offenses, sentence such
1
2 person to the Community Service Sentencing Program;
2
3 7. In addition to the other sentencing powers of the court, in
3
4 the case of a person convicted of operating or being in control of a
4
5 motor vehicle while the person was under the influence of alcohol,
5
6 other intoxicating substance or a combination of alcohol or another
6
7 intoxicating substance, or convicted of operating a motor vehicle
7
8 while the ability of the person to operate such vehicle was impaired
8
9 due to the consumption of alcohol, require such person:
9
10 a. to participate in an alcohol and drug assessment and
10
11 evaluation by an assessment agency or assessment
11
12 personnel certified by the Department of Mental Health
12
13 and Substance Abuse Services pursuant to Section 3-460
13
14 of Title 43A of the Oklahoma Statutes and, as
14
15 determined by the assessment, participate in an
15
16 alcohol and drug substance abuse course or treatment
16
17 program or both, pursuant to Sections 3-452 and 3-453
17
18 of Title 43A of the Oklahoma Statutes,
18
19 b. to attend a victims impact panel program, as defined
19
20 in subsection H of this section, and to pay a fee of
20
21 Seventy-five Dollars ($75.00) as set by the governing
21
22 authority of the program and approved by the court, to
22
23 the program to offset the cost of participation by the
23
24
24
Req. No. 2243 Page 32
1 defendant, if in the opinion of the court the
1
2 defendant has the ability to pay such fee,
2
3 c. to both participate in the alcohol and drug substance
3
4 abuse course or treatment program, pursuant to
4
5 subparagraph a of this paragraph and attend a victims
5
6 impact panel program, pursuant to subparagraph b of
6
7 this paragraph,
7
8 d. to install, at the expense of the person, an ignition
8
9 interlock device approved by the Board of Tests for
9
10 Alcohol and Drug Influence, upon every motor vehicle
10
11 operated by such person and to require that a notation
11
12 of this restriction be affixed to the person's driver
12
13 license at the time of reinstatement of the license.
13
14 The restriction shall remain on the driver license for
14
15 such period as the court shall determine. The
15
16 restriction may be modified or removed by order of the
16
17 court and notice of the order shall be given to
17
18 Service Oklahoma. Upon the expiration of the period
18
19 for the restriction, Service Oklahoma shall remove the
19
20 restriction without further court order. Failure to
20
21 comply with the order to install an ignition interlock
21
22 device or operating any vehicle without such device
22
23 during the period of restriction shall be a violation
23
24
24
Req. No. 2243 Page 33
1 of the sentence and may be punished as deemed proper
1
2 by the sentencing court, or
2
3 e. beginning January 1, 1993, to submit to electronically
3
4 monitored home detention administered and supervised
4
5 by the Department of Corrections, and to pay to the
5
6 Department a monitoring fee, not to exceed Seventy-
6
7 five Dollars ($75.00) a month, to the Department of
7
8 Corrections, if in the opinion of the court the
8
9 defendant has the ability to pay such fee. Any fees
9
10 collected pursuant to this subparagraph shall be
10
11 deposited in the Department of Corrections Revolving
11
12 Fund. Any order by the court for the payment of the
12
13 monitoring fee, if willfully disobeyed, may be
13
14 enforced as an indirect contempt of court;
14
15 8. In addition to the other sentencing powers of the court, in
15
16 the case of a person convicted of prostitution pursuant to Section
16
17 1029 of Title 21 of the Oklahoma Statutes, require such person to
17
18 receive counseling for the behavior which may have caused such
18
19 person to engage in prostitution activities. Such person may be
19
20 required to receive counseling in areas including but not limited to
20
21 alcohol and substance abuse, sexual behavior problems or domestic
21
22 abuse or child abuse problems;
22
23 9. In addition to the other sentencing powers of the court, in
23
24 the case of a person convicted of any crime related to domestic
24
Req. No. 2243 Page 34
1 abuse, as defined in Section 60.1 of this title, the court may
1
2 require the defendant to undergo the treatment or participate in the
2
3 counseling services necessary to bring about the cessation of
3
4 domestic abuse against the victim. The defendant may be required to
4
5 pay all or part of the cost of the treatment or counseling services;
5
6 10. In addition to the other sentencing powers of the court,
6
7 the court, in the case of a sex offender sentenced after November 1,
7
8 1989, and required by law to register pursuant to the Sex Offenders
8
9 Registration Act, shall require the defendant to participate in a
9
10 treatment program designed specifically for the treatment of sex
10
11 offenders, if available. The treatment program will include
11
12 polygraph examinations specifically designed for use with sex
12
13 offenders for the purpose of supervision and treatment compliance,
13
14 provided the examination is administered by a certified licensed
14
15 polygraph examiner. The treatment program must be approved by the
15
16 Department of Corrections or the Department of Mental Health and
16
17 Substance Abuse Services. Such treatment shall be at the expense of
17
18 the defendant based on the ability of the defendant to pay;
18
19 11. In addition to the other sentencing powers of the court,
19
20 the court, in the case of a person convicted of abuse or neglect of
20
21 a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma
21
22 Statutes, may require the person to undergo treatment or to
22
23 participate in counseling services. The defendant may be required
23
24
24
Req. No. 2243 Page 35
1 to pay all or part of the cost of the treatment or counseling
1
2 services;
2
3 12. In addition to the other sentencing powers of the court,
3
4 the court, in the case of a person convicted of cruelty to animals
4
5 pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
5
6 require the person to pay restitution to animal facilities for
6
7 medical care and any boarding costs of victimized animals;
7
8 13. In addition to the other sentencing powers of the court, a
8
9 sex offender who is habitual or aggravated as defined by Section 584
9
10 of Title 57 of the Oklahoma Statutes and who is required to register
10
11 as a sex offender pursuant to the Sex Offenders Registration Act
11
12 shall be supervised by the Department of Corrections for the
12
13 duration of the registration period and shall be assigned to a
13
14 global position monitoring device by the Department of Corrections
14
15 for the duration of the registration period. The cost of such
15
16 monitoring device shall be reimbursed by the offender;
16
17 14. In addition to the other sentencing powers of the court, in
17
18 the case of a sex offender who is required by law to register
18
19 pursuant to the Sex Offenders Registration Act, the court may
19
20 prohibit the person from accessing or using any Internet social
20
21 networking website that has the potential or likelihood of allowing
21
22 the sex offender to have contact with any child who is under the age
22
23 of eighteen (18) years;
23
24
24
Req. No. 2243 Page 36
1 15. In addition to the other sentencing powers of the court, in
1
2 the case of a sex offender who is required by law to register
2
3 pursuant to the Sex Offenders Registration Act, the court shall
3
4 require the person to register any electronic mail address
4
5 information, instant message, chat or other Internet communication
5
6 name or identity information that the person uses or intends to use
6
7 while accessing the Internet or used for other purposes of social
7
8 networking or other similar Internet communication; or
8
9 16. In addition to the other sentencing powers of the court,
9
10 and pursuant to the terms and conditions of a written plea
10
11 agreement, the court may prohibit the defendant from entering,
11
12 visiting or residing within the judicial district in which the
12
13 defendant was convicted until after completion of his or her
13
14 sentence; provided, however, the court shall ensure that the
14
15 defendant has access to those services or programs for which the
15
16 defendant is required to participate as a condition of probation.
16
17 When seeking to enter the prohibited judicial district for personal
17
18 business not related to his or her criminal case, the defendant
18
19 shall be required to obtain approval by the court.
19
20 B. Notwithstanding any other provision of law, any person who
20
21 is found guilty of a violation of any provision of Section 761 or
21
22 11-902 of Title 47 of the Oklahoma Statutes or any person pleading
22
23 guilty or nolo contendere for a violation of any provision of such
23
24 sections shall be ordered to participate in, prior to sentencing, an
24
Req. No. 2243 Page 37
1 alcohol and drug assessment and evaluation by an assessment agency
1
2 or assessment personnel certified by the Department of Mental Health
2
3 and Substance Abuse Services for the purpose of evaluating the
3
4 receptivity to treatment and prognosis of the person. The court
4
5 shall order the person to reimburse the agency or assessor for the
5
6 evaluation. The fee shall be the amount provided in subsection C of
6
7 Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
7
8 shall be conducted at a certified assessment agency, the office of a
8
9 certified assessor or at another location as ordered by the court.
9
10 The agency or assessor shall, within seventy-two (72) hours from the
10
11 time the person is assessed, submit a written report to the court
11
12 for the purpose of assisting the court in its final sentencing
12
13 determination. No person, agency or facility operating an alcohol
13
14 and drug substance abuse evaluation program certified by the
14
15 Department of Mental Health and Substance Abuse Services shall
15
16 solicit or refer any person evaluated pursuant to this subsection
16
17 for any treatment program or alcohol and drug substance abuse
17
18 service in which such person, agency or facility has a vested
18
19 interest; however, this provision shall not be construed to prohibit
19
20 the court from ordering participation in or any person from
20
21 voluntarily utilizing a treatment program or alcohol and drug
21
22 substance abuse service offered by such person, agency or facility.
22
23 If a person is sentenced to the custody of the Department of
23
24 Corrections and the court has received a written evaluation report
24
Req. No. 2243 Page 38
1 pursuant to this subsection, the report shall be furnished to the
1
2 Department of Corrections with the judgment and sentence. Any
2
3 evaluation report submitted to the court pursuant to this subsection
3
4 shall be handled in a manner which will keep such report
4
5 confidential from the general public's review. Nothing contained in
5
6 this subsection shall be construed to prohibit the court from
6
7 ordering judgment and sentence in the event the defendant fails or
7
8 refuses to comply with an order of the court to obtain the
8
9 evaluation required by this subsection.
9
10 C. When sentencing a person convicted of a crime, the court
10
11 shall first consider a program of restitution for the victim, as
11
12 well as imposition of a fine or incarceration of the offender. The
12
13 provisions of paragraph 1 of subsection A of this section shall not
13
14 apply to defendants being sentenced upon their third or subsequent
14
15 to their third conviction of a felony. Provided, the court may
15
16 waive these prohibitions upon written application of the district
16
17 attorney. Both the application and the waiver shall be made part of
17
18 the record of the case.
18
19 D. When sentencing a person convicted of a crime, the judge
19
20 shall consider any victim impact statements if submitted to the
20
21 jury, or the judge in the event a jury is waived.
21
22 E. Probation, for purposes of subsection A of this section, is
22
23 a procedure by which a defendant found guilty of a crime, whether
23
24 upon a verdict or plea of guilty or upon a plea of nolo contendere,
24
Req. No. 2243 Page 39
1 is released by the court subject to conditions imposed by the court
1
2 and subject to supervision by the Department of Corrections, a
2
3 private supervision provider or other person designated by the
3
4 court. Such supervision shall be initiated upon an order of
4
5 probation from the court, and shall not exceed two (2) years, unless
5
6 a petition alleging a violation of any condition of deferred
6
7 judgment or seeking revocation of the suspended sentence is filed
7
8 during the supervision, or as otherwise provided by law. In the
8
9 case of a person convicted of a sex offense, supervision shall begin
9
10 immediately upon release from incarceration or if parole is granted
10
11 and shall not be limited to two (2) years. Provided further, any
11
12 supervision provided for in this section may be extended for a
12
13 period not to exceed the expiration of the maximum term or terms of
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14 the sentence upon a determination by the court or the Division of
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15 Probation and Parole of the Department of Corrections that the best
15
16 interests of the public and the release will be served by an
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17 extended period of supervision.
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18 F. The Department of Corrections, or such other agency as the
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19 court may designate, shall be responsible for the monitoring and
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20 administration of the restitution and service programs provided for
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21 by subparagraphs a, c and d of paragraph 1 of subsection A of this
21
22 section, and shall ensure that restitution payments are forwarded to
22
23 the victim and that service assignments are properly performed.
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Req. No. 2243 Page 40
1 G. 1. The Department of Corrections is hereby authorized,
1
2 subject to funds available through appropriation by the Legislature,
2
3 to contract with counties for the administration of county Community
3
4 Service Sentencing Programs.
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5 2. Any offender eligible to participate in the Program pursuant
5
6 to this section shall be eligible to participate in a county
6
7 Program; provided, participation in county-funded Programs shall not
7
8 be limited to offenders who would otherwise be sentenced to
8
9 confinement with the Department of Corrections.
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10 3. The Department shall establish criteria and specifications
10
11 for contracts with counties for such Programs. A county may apply
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12 to the Department for a contract for a county-funded Program for a
12
13 specific period of time. The Department shall be responsible for
13
14 ensuring that any contracting county complies in full with
14
15 specifications and requirements of the contract. The contract shall
15
16 set appropriate compensation to the county for services to the
16
17 Department.
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18 4. The Department is hereby authorized to provide technical
18
19 assistance to any county in establishing a Program, regardless of
19
20 whether the county enters into a contract pursuant to this
20
21 subsection. Technical assistance shall include appropriate
21
22 staffing, development of community resources, sponsorship,
22
23 supervision and any other requirements.
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Req. No. 2243 Page 41
1 5. The Department shall annually make a report to the Governor,
1
2 the President Pro Tempore of the Senate and the Speaker of the House
2
3 on the number of such Programs, the number of participating
3
4 offenders, the success rates of each Program according to criteria
4
5 established by the Department and the costs of each Program.
5
6 H. As used in this section:
6
7 1. "Ignition interlock device" means a device that, without
7
8 tampering or intervention by another person, would prevent the
8
9 defendant from operating a motor vehicle if the defendant has a
9
10 blood or breath alcohol concentration of two-hundredths (0.02) or
10
11 greater;
11
12 2. "Electronically monitored home detention" means
12
13 incarceration of the defendant within a specified location or
13
14 locations with monitoring by means of a device approved by the
14
15 Department of Corrections that detects if the person leaves the
15
16 confines of any specified location; and
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17 3. "Victims impact panel program" means a program conducted by
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18 a corporation registered with the Secretary of State in Oklahoma for
18
19 the sole purpose of operating a victims impact panel program. The
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20 program shall include live presentations from presenters who will
20
21 share personal stories with participants about how alcohol, drug
21
22 abuse, the operation of a motor vehicle while using an electronic
22
23 communication device or the illegal conduct of others has personally
23
24 impacted the lives of the presenters. A victims impact panel
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Req. No. 2243 Page 42
1 program shall be attended by persons who have committed the offense
1
2 of driving, operating or being in actual physical control of a motor
2
3 vehicle while under the influence of alcohol or other intoxicating
3
4 substance, operating a motor vehicle while the ability of the person
4
5 to operate such vehicle was impaired due to the consumption of
5
6 alcohol or any other substance or operating a motor vehicle while
6
7 using an electronic device or by persons who have been convicted of
7
8 furnishing alcoholic beverage to persons under twenty-one (21) years
8
9 of age, as provided in Sections 6-101 and 6-120 of Title 37A of the
9
10 Oklahoma Statutes. Persons attending a victims impact panel program
10
11 shall be required to pay a fee of Seventy-five Dollars ($75.00) to
11
12 the provider of the program. A certificate of completion shall be
12
13 issued to the person upon satisfying the attendance and fee
13
14 requirements of the victims impact panel program. The certificate
14
15 of completion shall contain the business identification number of
15
16 the program provider. A certified assessment agency, certified
16
17 assessor or provider of an alcohol and drug substance abuse course
17
18 shall be prohibited from providing a victims impact panel program
18
19 and shall further be prohibited from having any proprietary or
19
20 pecuniary interest in a victims impact panel program. The provider
20
21 of the victims impact panel program shall carry general liability
21
22 insurance and maintain an accurate accounting of all business
22
23 transactions and funds received in relation to the victims impact
23
24 panel program. Beginning October 1, 2020, and each October 1
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Req. No. 2243 Page 43
1 thereafter, the provider of the victims impact panel program shall
1
2 provide to the District Attorneys Council the following:
2
3 a. proof of registration with the Oklahoma Secretary of
3
4 State,
4
5 b. proof of general liability insurance,
5
6 c. end-of-year financial statements prepared by a
6
7 certified public accountant,
7
8 d. a copy of federal income tax returns filed with the
8
9 Internal Revenue Service,
9
10 e. a registration fee of One Thousand Dollars
10
11 ($1,000.00). The registration fee shall be deposited
11
12 in the District Attorneys Council Revolving Fund
12
13 created in Section 215.28 of Title 19 of the Oklahoma
13
14 Statutes, and
14
15 f. a statement certifying that the provider of the
15
16 victims impact panel program has complied with all of
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17 the requirements set forth in this paragraph.
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18 I. A person convicted of a felony offense or receiving any form
18
19 of probation for an offense in which registration is required
19
20 pursuant to the Sex Offenders Registration Act, shall submit to
20
21 deoxyribonucleic acid (DNA) testing for law enforcement
21
22 identification purposes in accordance with Section 150.27 of Title
22
23 74 of the Oklahoma Statutes and the rules promulgated by the
23
24 Oklahoma State Bureau of Investigation for the OSBI Combined DNA
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Req. No. 2243 Page 44
1 Index System (CODIS) Database. Subject to the availability of
1
2 funds, any person convicted of a misdemeanor offense of assault and
2
3 battery, domestic abuse, stalking, possession of a controlled
3
4 substance prohibited under the Uniform Controlled Dangerous
4
5 Substances Act, outraging public decency, resisting arrest, escape
5
6 or attempting to escape, eluding a police officer, Peeping Tom,
6
7 pointing a firearm, threatening an act of violence, breaking and
7
8 entering a dwelling place, destruction of property, negligent
8
9 homicide or causing a personal injury accident while driving under
9
10 the influence of any intoxicating substance, or any alien unlawfully
10
11 present under federal immigration law, upon arrest, shall submit to
11
12 DNA testing for law enforcement identification purposes in
12
13 accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
13
14 and the rules promulgated by the Oklahoma State Bureau of
14
15 Investigation for the OSBI Combined DNA Index System (CODIS)
15
16 Database. Any defendant sentenced to probation shall be required to
16
17 submit to testing within thirty (30) days of sentencing either to
17
18 the Department of Corrections or to the county sheriff or other
18
19 peace officer as directed by the court. Defendants who are
19
20 sentenced to a term of incarceration shall submit to testing in
20
21 accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
21
22 for those defendants who enter the custody of the Department of
22
23 Corrections or to the county sheriff, for those defendants sentenced
23
24 to incarceration in a county jail. Convicted individuals who have
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Req. No. 2243 Page 45
1 previously submitted to DNA testing under this section and for whom
1
2 a valid sample is on file in the OSBI Combined DNA Index System
2
3 (CODIS) Database at the time of sentencing shall not be required to
3
4 submit to additional testing. Except as required by the Sex
4
5 Offenders Registration Act, a deferred judgment does not require
5
6 submission to DNA testing.
6
7 Any person who is incarcerated in the custody of the Department
7
8 of Corrections after July 1, 1996, and who has not been released
8
9 before January 1, 2006, shall provide a blood or saliva sample prior
9
10 to release. Every person subject to DNA testing after January 1,
10
11 2006, whose sentence does not include a term of confinement with the
11
12 Department of Corrections shall submit a blood or saliva sample.
12
13 Every person subject to DNA testing who is sentenced to unsupervised
13
14 probation or otherwise not supervised by the Department of
14
15 Corrections shall submit for blood or saliva testing to the sheriff
15
16 of the sentencing county.
16
17 J. Samples of blood or saliva for DNA testing required by
17
18 subsection I of this section shall be taken by employees or
18
19 contractors of the Department of Corrections, peace officers, or the
19
20 county sheriff or employees or contractors of the sheriff's office.
20
21 The individuals shall be properly trained to collect blood or saliva
21
22 samples. Persons collecting blood or saliva for DNA testing
22
23 pursuant to this section shall be immune from civil liabilities
23
24 arising from this activity. All collectors of DNA samples shall
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Req. No. 2243 Page 46
1 ensure the collection of samples are mailed to the Oklahoma State
1
2 Bureau of Investigation within ten (10) days of the time the subject
2
3 appears for testing or within ten (10) days of the date the subject
3
4 comes into physical custody to serve a term of incarceration. All
4
5 collectors of DNA samples shall use sample kits provided by the OSBI
5
6 and procedures promulgated by the OSBI. Persons subject to DNA
6
7 testing who are not received at the Lexington Assessment and
7
8 Reception Center shall be required to pay a fee of Fifteen Dollars
8
9 ($15.00) to the agency collecting the sample for submission to the
9
10 OSBI Combined DNA Index System (CODIS) Database. Any fees collected
10
11 pursuant to this subsection shall be deposited in the revolving
11
12 account or the service fee account of the collection agency or
12
13 department.
13
14 K. When sentencing a person who has been convicted of a crime
14
15 that would subject that person to the provisions of the Sex
15
16 Offenders Registration Act, neither the court nor the district
16
17 attorney shall be allowed to waive or exempt such person from the
17
18 registration requirements of the Sex Offenders Registration Act.
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19 SECTION 5. This act shall become effective November 1, 2026.
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21 60-2-2243 CN 1/12/2026 4:20:19 PM
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Req. No. 2243 Page 47Every fact on this page links to its source, starting with the official bill record.