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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1627 By: Paxton
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to multiple versions of statutes;
7 amending, merging, consolidating, and repealing
8 multiple versions of statutes; amending 10A O.S.
8 2021, Section 1-2-101, as amended by Section 1,
9 Chapter 26, O.S.L. 2025 (10A O.S. Supp. 2025, Section
9 1-2-101); repealing 10A O.S. 2021, Section 1-2-101,
10 as amended by Section 1, Chapter 260, O.S.L. 2025
10 (10A O.S. Supp. 2025, Section 1-2-101); repealing 10A
11 O.S. 2021, Section 1-2-101, as amended by Section
11 344, Chapter 486, O.S.L. 2025 (10A O.S. Supp. 2025,
12 Section 1-2-101); amending 21 O.S. 2021, Section
12 13.1, as last amended by Section 1, Chapter 162,
13 O.S.L. 2025 (21 O.S. Supp. 2025, Section 13.1);
13 repealing 21 O.S. 2021, Section 13.1, as amended by
14 Section 5, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
14 2025, Section 13.1); repealing 21 O.S. 2021, Section
15 13.1, as last amended by Section 2, Chapter 18,
15 O.S.L. 2025 (21 O.S. Supp. 2025, Section 13.1);
16 repealing 21 O.S. 2021, Section 13.1, as last amended
16 by Section 1, Chapter 352, O.S.L. 2025 (21 O.S. Supp.
17 2025, Section 13.1); amending 21 O.S. 2021, Section
17 425, as amended by Section 370, Chapter 486, O.S.L.
18 2025 (21 O.S. Supp. 2025, Section 425); repealing 21
18 O.S. 2021, Section 425, as amended by Section 2,
19 Chapter 329, O.S.L. 2025 (21 O.S. Supp. 2025, Section
19 425); amending 21 O.S. 2021, Section 540A, as amended
20 by Section 192, Chapter 486, O.S.L. 2025 (21 O.S.
20 Supp. 2025, Section 540A); repealing 21 O.S. 2021,
21 Section 540A, as amended by Section 1, Chapter 224,
21 O.S.L. 2025 (21 O.S. Supp. 2025, Section 540A);
22 amending 21 O.S. 2021, Section 650, as amended by
22 Section 16, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
23 2025, Section 650); repealing 21 O.S. 2021, Section
23 650, as amended by Section 1, Chapter 32, O.S.L. 2025
24 (21 O.S. Supp. 2025, Section 650); amending 21 O.S.
24
Req. No. 2626 Page 1
1 2021, Section 748, as last amended by Section 20,
1 Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
2 748); repealing 21 O.S. 2021, Section 748, as last
2 amended by Section 2, Chapter 291, O.S.L. 2025 (21
3 O.S. Supp. 2025, Section 748); amending 21 O.S. 2021,
3 Section 843.5, as last amended by Section 8, Chapter
4 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section 843.5);
4 repealing 21 O.S. 2021, Section 843.5, as amended by
5 Section 6, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
5 2025, Section 843.5); repealing 21 O.S. 2021, Section
6 843.5, as last amended by Section 1, Chapter 281,
6 O.S.L. 2025 (21 O.S. Supp. 2025, Section 843.5);
7 amending 21 O.S. 2021, Section 852.1, as amended by
7 Section 187, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
8 2025, Section 852.1); repealing 21 O.S. 2021, Section
8 852.1, as amended by Section 1, Chapter 113, O.S.L.
9 2025 (21 O.S. Supp. 2025, Section 852.1); amending 21
9 O.S. 2021, Section 856.3, as amended by Section 159,
10 Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
10 856.3); repealing 21 O.S. 2021, Section 856.3, as
11 amended by Section 1, Chapter 108, O.S.L. 2025 (21
11 O.S. Supp. 2025, Section 856.3); repealing 21 O.S.
12 2021, Section 888, as amended by Section 4, Chapter
12 455, O.S.L. 2002; amending 21 O.S. 2021, Section
13 1021.2, as last amended by Section 49, Chapter 486,
13 O.S.L. 2025 (21 O.S. Supp. 2025, Section 1021.2);
14 repealing 21 O.S. 2021, Section 1021.2, as amended by
14 Section 9, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
15 2025, Section 1021.2); amending 21 O.S. 2021, Section
15 1031, as last amended by Section 397, Chapter 486,
16 O.S.L. 2025 (21 O.S. Supp. 2025, Section 1031);
16 repealing 21 O.S. 2021, Section 1031, as last amended
17 by Section 5, Chapter 151, O.S.L. 2024 (21 O.S. Supp.
17 2025, Section 1031); amending 21 O.S. 2021, Section
18 1040.12a, as last amended by Section 26, Chapter 486,
18 O.S.L. 2025 (21 O.S. Supp. 2025, Section 1040.12a);
19 repealing 21 O.S. 2021, Section 1040.12a, as amended
19 by Section 20, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
20 2025, Section 1040.12a); repealing 21 O.S. 2021,
20 Section 1040.12a, as last amended by Section 3,
21 Chapter 29, O.S.L. 2025 (21 O.S. Supp. 2025, Section
21 1040.12a); amending 21 O.S. 2021, Section 1040.13b,
22 as last amended by Section 1, Chapter 23, O.S.L. 2025
22 (21 O.S. Supp. 2025, Section 1040.13b); repealing 21
23 O.S. 2021, Section 1040.13b, as last amended by
23 Section 399, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
24 2025, Section 1040.13b); amending 21 O.S. 2021,
24
Req. No. 2626 Page 2
1 Section 1111, as last amended by Section 1, Chapter
1 60, O.S.L. 2025 (21 O.S. Supp. 2025, Section 1111);
2 repealing 21 O.S. 2021, Section 1111, as last amended
2 by Section 1, Chapter 103, O.S.L. 2025 (21 O.S. Supp.
3 2025, Section 1111); repealing 21 O.S. 2021, Section
3 1111, as last amended by Section 1, Chapter 365,
4 O.S.L. 2025 (21 O.S. Supp. 2025, Section 1111);
4 repealing 21 O.S. 2021, Section 1115, as amended by
5 Section 5, Chapter 455, O.S.L. 2002; amending 21 O.S.
5 2021, Section 1123, as last amended by Section 2,
6 Chapter 281, O.S.L. 2025 (21 O.S. Supp. 2025, Section
6 1123); repealing 21 O.S. 2021, Section 1123, as last
7 amended by Section 2, Chapter 60, O.S.L. 2025 (21
7 O.S. Supp. 2025, Section 1123); repealing 21 O.S.
8 2021, Section 1123, as last amended by Section 38,
8 Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
9 1123); amending 21 O.S. 2021, Section 1173, as last
9 amended by Section 1, Chapter 145, O.S.L. 2025 (21
10 O.S. Supp. 2025, Section 1173); repealing 21 O.S.
10 2021, Section 1173, as last amended by Section 118,
11 Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
11 1173); amending 21 O.S. 2021, Section 1277, as
12 amended by Section 2, Chapter 251, O.S.L. 2025 (21
12 O.S. Supp. 2025, Section 1277); repealing 21 O.S.
13 2021, Section 1277, as amended by Section 1, Chapter
13 70, O.S.L. 2025 (21 O.S. Supp. 2025, Section 1277);
14 amending 21 O.S. 2021, Section 1289.16, as amended by
14 Section 3, Chapter 261, O.S.L. 2025 (21 O.S. Supp.
15 2025, Section 1289.16); repealing 21 O.S. 2021,
15 Section 1289.16, as amended by Section 131, Chapter
16 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
16 1289.16); repealing 21 O.S. 2021, Section 1290.5, as
17 amended by Section 5, Chapter 146, O.S.L. 2021;
17 repealing 21 O.S. 2021, Section 1451, as amended by
18 Section 1, Chapter 221, O.S.L. 2016; repealing 21
18 O.S. 2021, Section 1521, as amended by Section 2,
19 Chapter 221, O.S.L. 2016; repealing 21 O.S. 2021,
19 Section 1541.2, as amended by Section 5, Chapter 221,
20 O.S.L. 2016; repealing 21 O.S. 2021, Section 1541.3,
20 as amended by Section 6, Chapter 221, O.S.L. 2016;
21 repealing 21 O.S. 2021, Section 1577, as amended by
21 Section 11, Chapter 221, O.S.L. 2016; repealing 21
22 O.S. 2021, Section 1578, as amended by Section 12,
22 Chapter 221, O.S.L. 2016; repealing 21 O.S. 2021,
23 Section 1579, as amended by Section 13, Chapter 221,
23 O.S.L. 2016; repealing 21 O.S. 2021, Section 1621, as
24 amended by Section 15, Chapter 221, O.S.L. 2016;
24
Req. No. 2626 Page 3
1 repealing 21 O.S. 2021, Section 1704, as amended by
1 Section 16, Chapter 221, O.S.L. 2016; repealing 21
2 O.S. 2021, Section 1705, as amended by Section 17,
2 Chapter 221, O.S.L. 2016; repealing 21 O.S. 2021,
3 Section 1713, as amended by Section 18, Chapter 221,
3 O.S.L. 2016; repealing 21 O.S. 2021, Section 1731, as
4 amended by Section 19, Chapter 221, O.S.L. 2016;
4 amending 21 O.S. 2021, Section 1903, as amended by
5 Section 2, Chapter 405, O.S.L. 2025 (21 O.S. Supp.
5 2025, Section 1903); repealing 21 O.S. 2021, Section
6 1903, as amended by Section 62, Chapter 486, O.S.L.
6 2025 (21 O.S. Supp. 2025, Section 1903); amending 47
7 O.S. 2021, Section 11-902, as amended by Section 1,
7 Chapter 347, O.S.L. 2025 (47 O.S. Supp. 2025, Section
8 11-902); repealing 47 O.S. 2021, Section 11-902, as
8 amended by Section 3, Chapter 172, O.S.L. 2025 (47
9 O.S. Supp. 2025, Section 11-902); repealing 47 O.S.
9 2021, Section 11-902, as amended by Section 6,
10 Chapter 305, O.S.L. 2025 (47 O.S. Supp. 2025, Section
10 11-902); repealing 47 O.S. 2021, Section 11-902, as
11 amended by Section 33, Chapter 486, O.S.L. 2025 (47
11 O.S. Supp. 2025, Section 11-902); and declaring an
12 emergency.
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-2-101, as
15
16 amended by Section 1, Chapter 26, O.S.L. 2025 (10A O.S. Supp. 2025,
16
17 Section 1-2-101), is amended to read as follows:
17
18 Section 1-2-101. A. 1. The Department of Human Services shall
18
19 establish a statewide centralized hotline for the reporting of child
19
20 abuse or neglect to the Department.
20
21 2. The Department shall provide hotline-specific training
21
22 including, but not limited to, interviewing skills, customer service
22
23 skills, narrative writing, necessary computer systems, making case
23
24 determinations, and identifying priority situations.
24
Req. No. 2626 Page 4
1 3. The Department is authorized to contract with third parties
1
2 in order to train hotline workers.
2
3 4. The Department shall develop a system to track the number of
3
4 calls received, and of that number:
4
5 a. the number of calls screened out,
5
6 b. the number of referrals assigned,
6
7 c. the number of calls received by persons unwilling to
7
8 disclose basic personal information including, but not
8
9 limited to, first and last name, and
9
10 d. the number of calls in which the allegations were
10
11 later found to be unsubstantiated or ruled out.
11
12 5. The Department shall electronically record each referral
12
13 received by the hotline and establish a secure means of retaining
13
14 the recordings for twelve (12) months. The recordings shall be
14
15 confidential and subject to disclosure only if a court orders the
15
16 disclosure of the referral. The Department shall redact any
16
17 information identifying the reporting party unless otherwise ordered
17
18 by the court.
18
19 6. Each referral received by the hotline alleging abuse or
19
20 neglect wherein the alleged perpetrator is someone other than a
20
21 person responsible for the child's health, safety, or welfare shall
21
22 be immediately reported to the appropriate local law enforcement
22
23 agency, in writing, for the purpose of conducting a possible
23
24 criminal investigation. The hotline supervisor shall ensure that a
24
Req. No. 2626 Page 5
1 report has been made upon receipt of a referral prior to the
1
2 referral being screened out. The Department shall maintain a record
2
3 of its transmission of each report to law enforcement.
3
4 B. 1. Every person having reason to believe that a child under
4
5 the age of eighteen (18) years is a victim of abuse or neglect shall
5
6 report the matter immediately to the Department of Human Services.
6
7 Reports shall be made to the hotline provided for in subsection A of
7
8 this section. Any allegation of abuse or neglect reported in any
8
9 manner to a county office shall immediately be referred to the
9
10 hotline by the Department. Provided, however, that in actions for
10
11 custody by abandonment, provided for in Section 2-117 of Title 30 of
11
12 the Oklahoma Statutes, there shall be no reporting requirement.
12
13 2. a. Every school employee having reason to believe that a
13
14 student under the age of eighteen (18) years is a
14
15 victim of abuse or neglect shall report the matter
15
16 immediately to the Department of Human Services and
16
17 local law enforcement. Reports to the Department
17
18 shall be made to the hotline provided for in
18
19 subsection A of this section. Any allegation of abuse
19
20 or neglect reported in any manner to a county office
20
21 shall immediately be referred to the hotline by the
21
22 Department. Provided, however, that in actions for
22
23 custody by abandonment, provided for in Section 2-117
23
24
24
Req. No. 2626 Page 6
1 of Title 30 of the Oklahoma Statutes, there shall be
1
2 no reporting requirement.
2
3 b. Every school employee having reason to believe that a
3
4 student age eighteen (18) years or older is a victim
4
5 of abuse or neglect shall report the matter
5
6 immediately to local law enforcement.
6
7 c. In reports required by subparagraph a or b of this
7
8 paragraph, local law enforcement shall keep
8
9 confidential and redact any information identifying
9
10 the reporting school employee unless otherwise ordered
10
11 by the court. A school employee with knowledge of a
11
12 report required by subparagraph a or b of this
12
13 paragraph shall not disclose information identifying
13
14 the reporting school employee unless otherwise ordered
14
15 by the court or as part of an investigation by local
15
16 law enforcement or the Department.
16
17 3. Every physician, surgeon, or other health care professional
17
18 including doctors of medicine, licensed osteopathic physicians,
18
19 residents and interns, or any other health care professional or
19
20 midwife involved in the prenatal care of expectant mothers or the
20
21 delivery or care of infants shall promptly report to the Department
21
22 instances in which an infant tests positive for alcohol or a
22
23 controlled dangerous substance. This shall include infants who are
23
24
24
Req. No. 2626 Page 7
1 diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol
1
2 Spectrum Disorder.
2
3 4. No privilege or contract shall relieve any person from the
3
4 requirement of reporting pursuant to this section.
4
5 5. The reporting obligations under this section are individual,
5
6 and no employer, supervisor, administrator, governing body or entity
6
7 shall interfere with the reporting obligations of any employee or
7
8 other person or in any manner discriminate or retaliate against the
8
9 employee or other person who in good faith reports suspected child
9
10 abuse or neglect, or who provides testimony in any proceeding
10
11 involving child abuse or neglect. Any employer, supervisor,
11
12 administrator, governing body or entity who discharges,
12
13 discriminates or retaliates against the employee or other person
13
14 shall be liable for damages, costs and attorney fees. If a child
14
15 who is the subject of the report or other child is harmed by the
15
16 discharge, discrimination or retaliation described in this
16
17 paragraph, the party harmed may file an action to recover damages,
17
18 costs and attorney fees.
18
19 6. Every physician, surgeon, other health care professional or
19
20 midwife making a report of abuse or neglect as required by this
20
21 subsection or examining a child to determine the likelihood of abuse
21
22 or neglect and every hospital or related institution in which the
22
23 child was examined or treated shall provide, upon request, copies of
23
24 the results of the examination or copies of the examination on which
24
Req. No. 2626 Page 8
1 the report was based and any other clinical notes, X-rays,
1
2 photographs, and other previous or current records relevant to the
2
3 case to law enforcement officers conducting a criminal investigation
3
4 into the case and to employees of the Department of Human Services
4
5 conducting an investigation of alleged abuse or neglect in the case.
5
6 C. Any Except as provided in Section 593 of Title 21 of the
6
7 Oklahoma Statutes, any person who knowingly and willfully fails to
7
8 promptly report suspected child abuse or neglect or who interferes
8
9 with the prompt reporting of suspected child abuse or neglect may be
9
10 reported to local law enforcement for criminal investigation and,
10
11 upon conviction thereof, shall be guilty of a misdemeanor. Any
11
12 Except as provided in Section 593 of Title 21 of the Oklahoma
12
13 Statutes, any person with prolonged knowledge of ongoing child abuse
13
14 or neglect who knowingly and willfully fails to promptly report such
14
15 knowledge may be reported to local law enforcement for criminal
15
16 investigation and, upon conviction thereof, shall be guilty of a
16
17 Class D1 felony offense and shall be punished by imprisonment as
17
18 provided for in subsections B through F of Section 20N of Title 21
18
19 of the Oklahoma Statutes. For the purposes of this paragraph,
19
20 "prolonged knowledge" shall mean knowledge of at least six (6)
20
21 months of child abuse or neglect.
21
22 D. 1. Any person who knowingly and willfully makes a false
22
23 report pursuant to the provisions of this section or a report that
23
24 the person knows lacks factual foundation may be reported to local
24
Req. No. 2626 Page 9
1 law enforcement for criminal investigation and, upon conviction
1
2 thereof, shall be guilty of a misdemeanor.
2
3 2. If a court determines that an accusation of child abuse or
3
4 neglect made during a child custody proceeding is false and the
4
5 person making the accusation knew it to be false at the time the
5
6 accusation was made, the court may impose a fine, not to exceed Five
6
7 Thousand Dollars ($5,000.00) and reasonable attorney fees incurred
7
8 in recovering the sanctions, against the person making the
8
9 accusation. The remedy provided by this paragraph is in addition to
9
10 paragraph 1 of this subsection or to any other remedy provided by
10
11 law.
11
12 E. Nothing contained in this section shall be construed to
12
13 exempt or prohibit any person from reporting any suspected child
13
14 abuse or neglect pursuant to subsection B of this section.
14
15 SECTION 2. REPEALER 10A O.S. 2021, Section 1-2-101, as
15
16 amended by Section 1, Chapter 260, O.S.L. 2025 (10A O.S. Supp. 2025,
16
17 Section 1-2-101), is hereby repealed.
17
18 SECTION 3. REPEALER 10A O.S. 2021, Section 1-2-101, as
18
19 amended by Section 344, Chapter 486, O.S.L. 2025 (10A O.S. Supp.
19
20 2025, Section 1-2-101), is hereby repealed.
20
21 SECTION 4. AMENDATORY 21 O.S. 2021, Section 13.1, as
21
22 last amended by Section 1, Chapter 162, O.S.L. 2025 (21 O.S. Supp.
22
23 2025, Section 13.1), is amended to read as follows:
23
24 Section 13.1. Persons convicted of:
24
Req. No. 2626 Page 10
1 1. First degree murder as provided for in Section 701.7 of this
1
2 title;
2
3 2. Second degree murder as provided for in Section 701.8 of
3
4 this title;
4
5 3. Manslaughter in the first degree as provided for in Section
5
6 711 of this title;
6
7 4. Poisoning with intent to kill as provided for in Section 651
7
8 of this title;
8
9 5. Shooting with intent to kill, use of a vehicle to facilitate
9
10 use of a firearm, crossbow or other weapon, assault, battery, or
10
11 assault and battery with a deadly weapon or by other means likely to
11
12 produce death or great bodily harm, as provided for in Sections 644
12
13 and 652 of this title;
13
14 6. Assault with intent to kill as provided for in Section 653
14
15 of this title;
15
16 7. Conjoint robbery as provided for in Section 800 of this
16
17 title;
17
18 8. Robbery with a dangerous weapon as provided for in Section
18
19 801 of this title;
19
20 9. First degree robbery as provided for in Section 797 of this
20
21 title;
21
22 10. First degree rape as provided for in Section 1111 or 1114
22
23 of this title;
23
24
24
Req. No. 2626 Page 11
1 11. First degree arson as provided for in Section 1401 of this
1
2 title;
2
3 12. First degree burglary as provided for in Section 1431 of
3
4 this title;
4
5 13. Bombing as provided for in Section 1767.1 of this title;
5
6 14. Any crime against a child as provided for in Section 843.5
6
7 of this title;
7
8 15. Forcible sodomy as provided for in Section 888 of this
8
9 title;
9
10 16. Child sexual abuse material or aggravated child sexual
10
11 abuse material as provided for in Section 1021.2, 1021.3, 1024.1,
11
12 1024.2, or 1040.12a of this title;
12
13 17. Child sex trafficking as defined in Section 1030 of this
13
14 title;
14
15 18. Lewd molestation of a child as provided for in Section 1123
15
16 of this title;
16
17 19. Abuse of a vulnerable adult as defined in Section 10-103 of
17
18 Title 43A of the Oklahoma Statutes;
18
19 20. Aggravated trafficking as provided for in subsection C of
19
20 Section 2-415 of Title 63 of the Oklahoma Statutes;
20
21 21. Aggravated assault and battery as provided for in Section
21
22 646 of this title upon any person defending another person from
22
23 assault and battery; or
23
24 22. Human trafficking as defined in Section 748 of this title;
24
Req. No. 2626 Page 12
1 23. Accessory to murder in the first degree or accessory to
1
2 murder in the second degree as provided for in Section 175 of this
2
3 title; or
3
4 24. Discharging a firearm at or into a dwelling or building
4
5 used for public or business purposes, as provided for in Section
5
6 1289.17A of this title,
6
7 or any attempt, conspiracy, or solicitation thereof, shall be
7
8 required to serve not less than eighty-five percent (85%) of any
8
9 sentence of imprisonment imposed by the judicial system prior to
9
10 becoming eligible for consideration for parole. Persons convicted
10
11 of these offenses shall not be eligible for earned credits or any
11
12 other type of credits which have the effect of reducing the length
12
13 of the sentence to less than eighty-five percent (85%) of the
13
14 sentence imposed.
14
15 SECTION 5. REPEALER 21 O.S. 2021, Section 13.1, as
15
16 amended by Section 5, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2025,
16
17 Section 13.1), is hereby repealed.
17
18 SECTION 6. REPEALER 21 O.S. 2021, Section 13.1, as last
18
19 amended by Section 2, Chapter 18, O.S.L. 2025 (21 O.S. Supp. 2025,
19
20 Section 13.1), is hereby repealed.
20
21 SECTION 7. REPEALER 21 O.S. 2021, Section 13.1, as last
21
22 amended by Section 1, Chapter 352, O.S.L. 2025 (21 O.S. Supp. 2025,
22
23 Section 13.1), is hereby repealed.
23
24
24
Req. No. 2626 Page 13
1 SECTION 8. AMENDATORY 21 O.S. 2021, Section 425, as
1
2 amended by Section 370, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2
3 2025, Section 425), is amended to read as follows:
3
4 Section 425. A. Any person who engages in a pattern of
4
5 criminal offenses in two or more counties or municipalities in this
5
6 state or who attempts or conspires with others to engage in a
6
7 pattern of criminal offenses shall, upon conviction, be guilty of a
7
8 Class D1 felony offense punishable by imprisonment as provided for
8
9 in subsections B through F of Section 20N of this title, or by a
9
10 fine in an amount not more than Twenty-five Thousand Dollars
10
11 ($25,000.00), or by both such fine and imprisonment. Such
11
12 punishment shall be in addition to any penalty imposed for any
12
13 offense involved in the pattern of criminal offenses. Double
13
14 jeopardy shall attach upon conviction.
14
15 B. For purposes of this act this section and Section 125.1 of
15
16 Title 22 of the Oklahoma Statutes, "pattern of criminal offenses"
16
17 means:
17
18 1. Two or more criminal offenses are committed that are part of
18
19 the same plan, scheme, or adventure; or
19
20 2. A sequence of two or more of the same criminal offenses are
20
21 committed and are not separated by an interval of more than thirty
21
22 (30) days between the first and second offense, the second and
22
23 third, and so on; or
23
24
24
Req. No. 2626 Page 14
1 3. Two or more criminal offenses are committed, each proceeding
1
2 from or having as an antecedent element a single prior incident or
2
3 pattern of fraud, robbery, burglary, theft, identity theft, receipt
3
4 of stolen property, false personation, false pretenses, obtaining
4
5 property by trick or deception, taking a credit or debit card
5
6 without consent, or the making, transferring, or receiving of a
6
7 false or fraudulent identification card.
7
8 C. Jurisdiction and venue for a pattern of criminal offenses
8
9 occurring in multiple counties in this state shall be determined as
9
10 provided in Section 1 125 of this act Title 22 of the Oklahoma
10
11 Statutes.
11
12 SECTION 9. REPEALER 21 O.S. 2021, Section 425, as
12
13 amended by Section 2, Chapter 329, O.S.L. 2025 (21 O.S. Supp. 2025,
13
14 Section 425), is hereby repealed.
14
15 SECTION 10. AMENDATORY 21 O.S. 2021, Section 540A, as
15
16 amended by Section 192, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
16
17 2025, Section 540A), is amended to read as follows:
17
18 Section 540A. A. Any operator of a motor vehicle who has
18
19 received a visual and audible signal, a flashing red light, flashing
19
20 red and blue lights, flashing blue and white lights, or any other
20
21 combination of flashing red, blue, and white lights, and a siren
21
22 from a peace officer driving a motor vehicle showing the same to be
22
23 an official police, sheriff, highway patrol or state game ranger
23
24 vehicle directing the operator to bring the vehicle to a stop and
24
Req. No. 2626 Page 15
1 who willfully increases the speed or extinguishes the lights of the
1
2 vehicle in an attempt to elude such peace officer, or willfully
2
3 attempts in any other manner to elude the peace officer, or who does
3
4 elude such peace officer, is guilty of a misdemeanor. The peace
4
5 officer, while attempting to stop a violator of this section, may
5
6 communicate a request for the assistance of other peace officers
6
7 from any office, department or agency. Any peace officer within
7
8 this state having knowledge of such request is authorized to render
8
9 such assistance in stopping the violator and may effect an arrest
9
10 under this section upon probable cause. Violation of this
10
11 subsection shall constitute a misdemeanor and shall be punishable by
11
12 not more than one (1) year imprisonment in the county jail or by a
12
13 fine of not less than One Hundred Dollars ($100.00) nor more than
13
14 Two Thousand Dollars ($2,000.00) or by both such fine and
14
15 imprisonment. A second or subsequent violation of this subsection
15
16 shall be punishable by not more than one (1) year in the county
16
17 jail, or by a fine of not less than Five Hundred Dollars ($500.00)
17
18 nor more than Five Thousand Dollars ($5,000.00) or both such fine
18
19 and imprisonment.
19
20 B. Any person who violates the provisions of subsection A of
20
21 this section in such manner as to endanger any other person shall be
21
22 deemed guilty of a Class C1 felony offense punishable by
22
23 imprisonment as provided for in subsections B through E of Section
23
24 20L of this title, or by a fine of not less than One Thousand
24
Req. No. 2626 Page 16
1 Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00),
1
2 or by both such fine and imprisonment.
2
3 C. 1. Any person who causes an accident, while eluding or
3
4 attempting to elude an officer, resulting in great bodily injury to
4
5 any other person while driving or operating a motor vehicle within
5
6 this state and who is in violation of the provisions of subsection A
6
7 of this section may be charged with a violation of the provisions of
7
8 this subsection. Any person who is convicted of a violation of the
8
9 provisions of this subsection shall be deemed guilty of a Class C1
9
10 felony offense punishable by imprisonment as provided for in
10
11 subsections B through E of Section 20L of this title, and a fine of
11
12 not more than Five Thousand Dollars ($5,000.00).
12
13 2. As used in this subsection, "great bodily injury" means
13
14 bodily injury which creates a substantial risk of death or which
14
15 causes serious, permanent disfigurement or protracted loss or
15
16 impairment of the function of any bodily member or organ.
16
17 SECTION 11. REPEALER 21 O.S. 2021, Section 540A, as
17
18 amended by Section 1, Chapter 224, O.S.L. 2025 (21 O.S. Supp. 2025,
18
19 Section 540A), is hereby repealed.
19
20 SECTION 12. AMENDATORY 21 O.S. 2021, Section 650, as
20
21 amended by Section 16, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
21
22 Section 650), is amended to read as follows:
22
23 Section 650. A. Every person who, without justifiable or
23
24 excusable cause, knowingly commits any aggravated assault and
24
Req. No. 2626 Page 17
1 battery upon the person of a police officer, sheriff, deputy sheriff
1
2 or highway patrolman, corrections personnel as defined in Section
2
3 649 of this title, or any state peace officer employed by any state
3
4 or federal governmental agency to enforce state laws, while the
4
5 officer is in the performance of his or her duties shall, upon
5
6 conviction thereof, be guilty of a Class A3 felony offense, which
6
7 shall be punishable by imprisonment in the custody of the Department
7
8 of Corrections for not more than life or by, a fine not exceeding
8
9 One Thousand Dollars ($1,000.00), or by both such fine and
9
10 imprisonment.
10
11 B. Every person who, without justifiable or excusable cause,
11
12 commits any aggravated assault and battery upon a person that the
12
13 violator knows or should reasonably know is a police officer,
13
14 sheriff, deputy sheriff or, highway patrolman, corrections personnel
14
15 as defined in Section 649 of this title, or any state peace officer
15
16 employed by any state or federal governmental agency to enforce
16
17 state laws, that results in maiming as defined in Section 751 of
17
18 this title, while the officer is in the performance of his or her
18
19 duties shall, upon conviction, be guilty of a Class A2 felony
19
20 offense punishable by imprisonment in the custody of the Department
20
21 of Corrections of for not less than five (5) years nor more than
21
22 life, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
22
23 or by both such fine and imprisonment.
23
24
24
Req. No. 2626 Page 18
1 C. For purposes of this section, aggravated assault and battery
1
2 upon law officers includes the:
2
3 1. The physical contact with and in an attempt to gain control
3
4 of the firearm; or
4
5 2. The strangulation,
5
6 of any police officer, sheriff, deputy sheriff, highway patrolman,
6
7 corrections personnel as defined in Section 649 of this title, or
7
8 any peace officer employed by any state or federal governmental
8
9 agency to enforce state laws. As used in this subsection,
9
10 "strangulation" shall have the same meaning as provided in
10
11 subsection J of Section 644 of this title.
11
12 D. This section shall not supersede any other act or acts, but
12
13 shall be cumulative thereto.
13
14 SECTION 13. REPEALER 21 O.S. 2021, Section 650, as
14
15 amended by Section 1, Chapter 32, O.S.L. 2025 (21 O.S. Supp. 2025,
15
16 Section 650), is hereby repealed.
16
17 SECTION 14. AMENDATORY 21 O.S. 2021, Section 748, as
17
18 last amended by Section 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
18
19 2025, Section 748), is amended to read as follows:
19
20 Section 748. A. As used in Sections 748 and 748.2 of this
20
21 title:
21
22 1. "Coercion" means compelling, forcing or intimidating a
22
23 person to act by:
23
24
24
Req. No. 2626 Page 19
1 a. threats of harm or physical restraint against any
1
2 person,
2
3 b. any act, scheme, plan, or pattern intended to cause a
3
4 person to believe that performing, or failing to
4
5 perform, an act would result in serious physical,
5
6 financial, or emotional harm or distress to or
6
7 physical restraint against any person,
7
8 c. the abuse or threatened abuse of the law or legal
8
9 process,
9
10 d. knowingly destroying, concealing, removing,
10
11 confiscating or possessing any actual or purported
11
12 passport, labor or immigration document, or other
12
13 government identification document, including but not
13
14 limited to a driver license or birth certificate, of
14
15 another person,
15
16 e. facilitating or controlling a person's access to any
16
17 addictive or controlled substance other than for legal
17
18 medical purposes,
18
19 f. blackmail,
19
20 g. demanding or claiming money, goods, or any other thing
20
21 of value from or on behalf of a prostituted person
21
22 where such demand or claim arises from or is directly
22
23 related to the act of prostitution,
23
24
24
Req. No. 2626 Page 20
1 h. determining, dictating or setting the times at which
1
2 another person will be available to engage in an act
2
3 of prostitution with a third party,
3
4 i. determining, dictating or setting the places at which
4
5 another person will be available for solicitation of,
5
6 or to engage in, an act of prostitution with a third
6
7 party, or
7
8 j. determining, dictating or setting the places at which
8
9 another person will reside for purposes of making such
9
10 person available to engage in an act of prostitution
10
11 with a third party;
11
12 2. "Commercial sex" means any form of commercial sexual
12
13 activity such as sexually explicit performances, prostitution,
13
14 participation in the production of pornography, performance in a
14
15 strip club, or exotic dancing or display;
15
16 3. "Debt bondage" means the status or condition of a debtor
16
17 arising from a pledge by the debtor of his or her personal services
17
18 or of those of a person under his or her control as a security for
18
19 debt if the value of those services as reasonably assessed is not
19
20 applied toward the liquidation of the debt or the length and nature
20
21 of those services are not respectively limited and defined;
21
22 4. "Human trafficking" means modern-day slavery that includes,
22
23 but is not limited to, extreme exploitation and the denial of
23
24
24
Req. No. 2626 Page 21
1 freedom or liberty of an individual for purposes of deriving benefit
1
2 from that individual's commercial sex act or labor;
2
3 5. "Human trafficking for labor" means:
3
4 a. recruiting, enticing, harboring, maintaining,
4
5 transporting, providing or obtaining, by any means,
5
6 another person through deception, force, fraud, threat
6
7 or coercion or for purposes of engaging the person in
7
8 labor, or
8
9 b. benefiting, financially or by receiving anything of
9
10 value, from participation in a venture that has
10
11 engaged in an act of trafficking for labor;
11
12 6. "Human trafficking for commercial sex" means:
12
13 a. recruiting, enticing, harboring, maintaining,
13
14 transporting, providing or obtaining, by any means,
14
15 another person through deception, force, fraud, threat
15
16 or coercion for purposes of engaging the person in a
16
17 commercial sex act,
17
18 b. recruiting, enticing, harboring, maintaining,
18
19 transporting, providing, purchasing or obtaining, by
19
20 any means, a minor for purposes of engaging the minor
20
21 in a commercial sex act, or
21
22 c. benefiting, financially or by receiving anything of
22
23 value, from participating in a venture that has
23
24 engaged in an act of trafficking for commercial sex;
24
Req. No. 2626 Page 22
1 7. "Legal process" means the criminal law, the civil law, or
1
2 the regulatory system of the federal government, any state,
2
3 territory, district, commonwealth, or trust territory therein, and
3
4 any foreign government or subdivision thereof and includes legal
4
5 civil actions, criminal actions, and regulatory petitions or
5
6 applications;
6
7 8. "Minor" means an individual under eighteen (18) years of
7
8 age; and
8
9 9. "Victim" means a person against whom a violation of any
9
10 provision of this section has been committed.
10
11 B. It shall be unlawful to knowingly engage in human
11
12 trafficking.
12
13 C. 1. Any person violating the provisions of this section
13
14 shall, upon conviction, be guilty of a Class A2 felony offense
14
15 punishable by imprisonment in the custody of the Department of
15
16 Corrections for a term of not less than five (5) years or for life,
16
17 or by a fine of not more than One Hundred Thousand Dollars
17
18 ($100,000.00), or by both such fine and imprisonment.
18
19 2. Any person violating the provisions of this section where
19
20 the victim of the offense is under eighteen (18) years of age at the
20
21 time of the offense shall, upon conviction, be guilty of a Class A2
21
22 felony offense punishable by imprisonment in the custody of the
22
23 Department of Corrections for a term of not less than fifteen (15)
23
24 ten (10) years or, for life, or for life without parole, or by a
24
Req. No. 2626 Page 23
1 fine of not more than Two Hundred Fifty Thousand Dollars
1
2 ($250,000.00), or by both such fine and imprisonment.
2
3 3. The court shall also order the defendant to pay restitution
3
4 to the victim as provided in Section 991f of Title 22 of the
4
5 Oklahoma Statutes. In addition, the court shall require the
5
6 defendant to pay for a psychological evaluation to determine the
6
7 extent of counseling necessary for the human trafficking victim and
7
8 any necessary psychological counseling deemed necessary to
8
9 rehabilitate the victim. Such evaluations and counseling may be
9
10 performed by psychiatrists, psychologists, licensed professional
10
11 counselors, or social workers.
11
12 4. If the person is convicted of human trafficking, the person
12
13 shall serve eighty-five percent (85%) of the sentence before being
13
14 eligible for parole consideration or any earned credits. The terms
14
15 of imprisonment specified in this subsection shall not be subject to
15
16 statutory provisions for suspension, deferral or probation, or state
16
17 correctional institution earned credits accruing from and after
17
18 November 1, 1989, except for the achievement earned credits
18
19 authorized by subsection H of Section 138 of Title 57 of the
19
20 Oklahoma Statutes. To qualify for such achievement earned credits,
20
21 such inmates must also be in compliance with the standards for Class
21
22 level 2 behavior, as defined in subsection D of Section 138 of Title
22
23 57 of the Oklahoma Statutes.
23
24
24
Req. No. 2626 Page 24
1 D. It is an affirmative defense to prosecution for a criminal,
1
2 youthful offender, or delinquent offense that, during the time of
2
3 the alleged commission of the offense, the defendant or alleged
3
4 youthful offender or delinquent was a victim of human trafficking.
4
5 E. The consent of a victim to the activity prohibited by this
5
6 section shall not constitute a defense.
6
7 F. Lack of knowledge of the age of the victim shall not
7
8 constitute a defense to the activity prohibited by this section with
8
9 respect to human trafficking of a minor.
9
10 SECTION 15. REPEALER 21 O.S. 2021, Section 748, as last
10
11 amended by Section 2, Chapter 291, O.S.L. 2025 (21 O.S. Supp. 2025,
11
12 Section 748), is hereby repealed.
12
13 SECTION 16. AMENDATORY 21 O.S. 2021, Section 843.5, as
13
14 last amended by Section 8, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
14
15 2025, Section 843.5), is amended to read as follows:
15
16 Section 843.5. A. Any person who shall willfully or
16
17 maliciously engage in child abuse, as defined in this section,
17
18 shall, upon conviction, be guilty of a Class A3 felony offense
18
19 punishable by imprisonment in the custody of the Department of
19
20 Corrections not exceeding life imprisonment, or by imprisonment in a
20
21 county jail not exceeding one (1) year, or by a fine of not less
21
22 than Five Hundred Dollars ($500.00) nor more than Five Thousand
22
23 Dollars ($5,000.00), or both such fine and imprisonment.
23
24
24
Req. No. 2626 Page 25
1 B. Any person responsible for the health, safety or welfare of
1
2 a child who shall willfully or maliciously engage in enabling child
2
3 abuse, as defined in this section, shall, upon conviction, be guilty
3
4 of a Class A3 felony offense and shall be punished by imprisonment
4
5 in the custody of the Department of Corrections not exceeding life
5
6 imprisonment, or by imprisonment in a county jail not exceeding one
6
7 (1) year, or by a fine of not less than Five Hundred Dollars
7
8 ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
8
9 such fine and imprisonment.
9
10 C. Any person responsible for the health, safety or welfare of
10
11 a child who shall willfully or maliciously engage in child neglect,
11
12 as defined in this section, shall, upon conviction, be guilty of a
12
13 Class B1 felony offense and shall be punished by imprisonment in the
13
14 custody of the Department of Corrections not exceeding life
14
15 imprisonment, or by imprisonment in a county jail not exceeding one
15
16 (1) year, or by a fine of not less than Five Hundred Dollars
16
17 ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
17
18 such fine and imprisonment.
18
19 D. Any parent or other person who shall willfully or
19
20 maliciously engage in enabling child neglect shall, upon conviction,
20
21 be guilty of a Class B1 felony offense and shall be punished by
21
22 imprisonment in the custody of the Department of Corrections not
22
23 exceeding life imprisonment, or by imprisonment in a county jail not
23
24 exceeding one (1) year, or by a fine of not less than Five Hundred
24
Req. No. 2626 Page 26
1 Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
1
2 or both such fine and imprisonment.
2
3 E. Any person responsible for the health, safety or welfare of
3
4 a child who shall willfully or maliciously engage in child sexual
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, except as provided in Section 51.1a of
11
12 this title or as otherwise provided in subsection F of this section
12
13 for a child victim under twelve (12) years of age. Except for
13
14 persons sentenced to life or life without parole, any person
14
15 sentenced to imprisonment for two (2) years or more for a violation
15
16 of this subsection shall be required to serve a term of post-
16
17 imprisonment supervision pursuant to subparagraph f of paragraph 1
17
18 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
18
19 under conditions determined by the Department of Corrections. The
19
20 jury shall be advised that the mandatory post-imprisonment
20
21 supervision shall be in addition to the actual imprisonment.
21
22 F. Any person responsible for the health, safety or welfare of
22
23 a child who shall willfully or maliciously engage in child sexual
23
24 abuse, as defined in this section, to a child under twelve (12)
24
Req. No. 2626 Page 27
1 years of age shall, upon conviction, be guilty of a Class A1 felony
1
2 offense and shall be punished by imprisonment in the custody of the
2
3 Department of Corrections for not less than twenty-five (25) years
3
4 nor more than life imprisonment, and by a fine of not less than Five
4
5 Hundred Dollars ($500.00) nor more than Five Thousand Dollars
5
6 ($5,000.00).
6
7 G. Any parent or other person who shall willfully or
7
8 maliciously engage in enabling child sexual abuse shall, upon
8
9 conviction, be guilty of a Class A3 felony offense and shall be
9
10 punished by imprisonment in the custody of the Department of
10
11 Corrections not exceeding life imprisonment, or by imprisonment in a
11
12 county jail not exceeding one (1) year, or by a fine of not less
12
13 than Five Hundred Dollars ($500.00) nor more than Five Thousand
13
14 Dollars ($5,000.00), or both such fine and imprisonment.
14
15 H. Any person who shall willfully or maliciously engage in
15
16 child sexual exploitation, as defined in this section, shall, upon
16
17 conviction, be guilty of a Class A3 felony offense and shall be
17
18 punished by imprisonment in the custody of the Department of
18
19 Corrections not exceeding life imprisonment, or by imprisonment in a
19
20 county jail not exceeding one (1) year, or by a fine of not less
20
21 than Five Hundred Dollars ($500.00) nor more than Five Thousand
21
22 Dollars ($5,000.00), or both such fine and imprisonment, except as
22
23 provided in subsection I of this section for a child victim under
23
24 twelve (12) years of age. Except for persons sentenced to life or
24
Req. No. 2626 Page 28
1 life without parole, any person sentenced to imprisonment for two
1
2 (2) years or more for a violation of this subsection shall be
2
3 required to serve a term of post-imprisonment supervision pursuant
3
4 to subparagraph f of paragraph 1 of subsection A of Section 991a of
4
5 Title 22 of the Oklahoma Statutes under conditions determined by the
5
6 Department of Corrections. The jury shall be advised that the
6
7 mandatory post-imprisonment supervision shall be in addition to the
7
8 actual imprisonment.
8
9 I. Any person who shall willfully or maliciously engage in
9
10 child sexual exploitation, as defined in this section, of a child
10
11 under twelve (12) years of age shall, upon conviction, be guilty of
11
12 a Class A1 felony offense and shall be punished by imprisonment in
12
13 the custody of the Department of Corrections for not less than
13
14 twenty-five (25) years nor more than life imprisonment, and by a
14
15 fine of not less than Five Hundred Dollars ($500.00) nor more than
15
16 Five Thousand Dollars ($5,000.00).
16
17 J. Any person responsible for the health, safety or welfare of
17
18 a child who shall willfully or maliciously engage in enabling child
18
19 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
24
Req. No. 2626 Page 29
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 K. Notwithstanding In addition to any other provision of
3
4 punishment prescribed by law, any person convicted of forcible anal
4
5 or oral sodomy, rape, or rape by instrumentation, or lewd
5
6 molestation of a child under fourteen (14) years of age subsequent
6
7 to a previous conviction for any offense of forcible anal or oral
7
8 sodomy, rape, rape by instrumentation, or lewd molestation of a
8
9 child under fourteen (14) years of age shall be guilty of a Class A1
9
10 felony offense and shall be punished eligible for punishment by
10
11 death or by imprisonment for life without parole.
11
12 L. Provided, however, that nothing contained in this section
12
13 shall prohibit any parent or guardian from using reasonable and
13
14 ordinary force pursuant to Section 844 of this title.
14
15 M. Consent shall not be a defense for any violation provided
15
16 for in this section.
16
17 N. Notwithstanding the age requirements of other statutes
17
18 referenced within this section, this section shall apply to any
18
19 child under eighteen (18) years of age.
19
20 O. As used in this section:
20
21 1. "Child abuse" means:
21
22 a. the willful or malicious harm or threatened harm or
22
23 failure to protect from harm or threatened harm to the
23
24 health, safety or welfare of a child under eighteen
24
Req. No. 2626 Page 30
1 (18) years of age by a person responsible for a
1
2 child's health, safety or welfare, or
2
3 b. the act of willfully or maliciously injuring,
3
4 torturing or maiming a child under eighteen (18) years
4
5 of age by any person;
5
6 2. "Child neglect" means the willful or malicious neglect, as
6
7 defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
7
8 a child under eighteen (18) years of age by a person responsible for
8
9 a child's health, safety or welfare;
9
10 3. "Child sexual abuse" means the willful or malicious sexual
10
11 abuse of a child under eighteen (18) years of age by a person
11
12 responsible for a child's health, safety or welfare and includes,
12
13 but is not limited to:
13
14 a. sexual intercourse,
14
15 b. penetration of the vagina or anus, however slight, by
15
16 an inanimate object or any part of the human body not
16
17 amounting to sexual intercourse,
17
18 c. sodomy,
18
19 d. incest, or
19
20 e. a lewd act or proposal, as defined in this section;
20
21 4. "Child sexual exploitation" means the willful or malicious
21
22 sexual exploitation of a child under eighteen (18) years of age by
22
23 another and includes, but is not limited to:
23
24
24
Req. No. 2626 Page 31
1 a. human trafficking, as provided for in Section 748 of
1
2 this title, if the offense involved child trafficking
2
3 for commercial sex,
3
4 b. trafficking in children, as provided for in Section
4
5 866 of this title, if the offense was committed for
5
6 the sexual gratification of any person,
6
7 c. procuring or causing the participation of a minor in
7
8 child pornography sexual abuse material, as provided
8
9 for in Section 1021.2 of this title,
9
10 d. purchase, procurement or possession of child
10
11 pornography sexual abuse material, as provided for in
11
12 Section 1024.2 of this title,
12
13 e. engaging in or soliciting prostitution, as provided
13
14 for in Section 1029 of this title, if the offense
14
15 involved child sex trafficking,
15
16 f. publication, distribution or participation in the
16
17 preparation of obscene material, as provided for in
17
18 Section 1040.8 of this title, if the offense involved
18
19 child pornography sexual abuse material,
19
20 g. aggravated possession of child pornography sexual
20
21 abuse material, as provided for in Section 1040.12a of
21
22 this title,
22
23 h. sale or distribution of obscene material, as provided
23
24 for in Section 1040.13 of this title,
24
Req. No. 2626 Page 32
1 i. soliciting sexual conduct or communication with a
1
2 minor by use of technology, as provided for in Section
2
3 1040.13a of this title,
3
4 j. offering or transporting a child for purposes of child
4
5 sex trafficking, as provided for in Section 1087 of
5
6 this title, and
6
7 k. child sex trafficking, as provided for in Section 1088
7
8 of this title;
8
9 5. "Enabling child abuse" means the causing, procuring or
9
10 permitting of child abuse by a person responsible for a child's
10
11 health, safety or welfare;
11
12 6. "Enabling child neglect" means the causing, procuring or
12
13 permitting of child neglect by a person responsible for a child's
13
14 health, safety or welfare;
14
15 7. "Enabling child sexual abuse" means the causing, procuring
15
16 or permitting of child sexual abuse by a person responsible for a
16
17 child's health, safety or welfare;
17
18 8. "Enabling child sexual exploitation" means the causing,
18
19 procuring or permitting of child sexual exploitation by a person
19
20 responsible for a child's health, safety or welfare;
20
21 9. "Incest" means marrying, committing adultery or fornicating
21
22 with a child by a person responsible for the health, safety or
22
23 welfare of a child;
23
24 10. "Lewd act or proposal" means:
24
Req. No. 2626 Page 33
1 a. making any oral, written or electronic or computer-
1
2 generated lewd or indecent proposal to a child for the
2
3 child to have unlawful sexual relations or sexual
3
4 intercourse with any person,
4
5 b. looking upon, touching, mauling or feeling the body or
5
6 private parts of a child in a lewd or lascivious
6
7 manner or for the purpose of sexual gratification,
7
8 c. asking, inviting, enticing or persuading any child to
8
9 go alone with any person to a secluded, remote or
9
10 secret place for a lewd or lascivious purpose,
10
11 d. urinating or defecating upon a child or causing,
11
12 forcing or requiring a child to defecate or urinate
12
13 upon the body or private parts of another person for
13
14 the purpose of sexual gratification,
14
15 e. ejaculating upon or in the presence of a child,
15
16 f. causing, exposing, forcing or requiring a child to
16
17 look upon the body or private parts of another person
17
18 for the purpose of sexual gratification,
18
19 g. causing, forcing or requiring any child to view any
19
20 obscene materials, child pornography sexual abuse
20
21 material or materials deemed harmful to minors as such
21
22 terms are defined in Sections 1024.1 and 1040.75 of
22
23 this title,
23
24
24
Req. No. 2626 Page 34
1 h. causing, exposing, forcing or requiring a child to
1
2 look upon sexual acts performed in the presence of the
2
3 child for the purpose of sexual gratification, or
3
4 i. causing, forcing or requiring a child to touch or feel
4
5 the body or private parts of the child or another
5
6 person for the purpose of sexual gratification;
6
7 11. "Permit" means to authorize or allow for the care of a
7
8 child by an individual when the person authorizing or allowing such
8
9 care knows or reasonably should know that the child will be placed
9
10 at risk of the conduct or harm proscribed by this section;
10
11 12. "Person responsible for a child's health, safety or
11
12 welfare" for purposes of this section shall include, but not be
12
13 limited to:
13
14 a. the parent of the child,
14
15 b. the legal guardian of the child,
15
16 c. the custodian of the child,
16
17 d. the foster parent of the child,
17
18 e. a person eighteen (18) years of age or older with whom
18
19 the parent of the child cohabitates, who is at least
19
20 three (3) years older than the child,
20
21 f. any other person eighteen (18) years of age or older
21
22 residing in the home of the child, who is at least
22
23 three (3) years older than the child,
23
24
24
Req. No. 2626 Page 35
1 g. an owner, operator, agent, employee or volunteer of a
1
2 public or private residential home, institution,
2
3 facility or day treatment program, as defined in
3
4 Section 175.20 of Title 10 of the Oklahoma Statutes,
4
5 that the child attended,
5
6 h. an owner, operator, agent, employee or volunteer of a
6
7 child care facility, as defined in Section 402 of
7
8 Title 10 of the Oklahoma Statutes, that the child
8
9 attended,
9
10 i. an intimate partner of the parent of the child, as
10
11 defined in Section 60.1 of Title 22 of the Oklahoma
11
12 Statutes, or
12
13 j. a person who has voluntarily accepted responsibility
13
14 for the care or supervision of a child;
14
15 13. "Sexual intercourse" means the actual penetration, however
15
16 slight, of the vagina or anus by the penis; and
16
17 14. "Sodomy" means:
17
18 a. penetration, however slight, of the mouth of the child
18
19 by a penis,
19
20 b. penetration, however slight, of the vagina of a person
20
21 responsible for a child's health, safety or welfare,
21
22 by the mouth of a child,
22
23
23
24
24
Req. No. 2626 Page 36
1 c. penetration, however slight, of the mouth of the
1
2 person responsible for a child's health, safety or
2
3 welfare by the penis of the child, or
3
4 d. penetration, however slight, of the vagina of the
4
5 child by the mouth of the person responsible for a
5
6 child's health, safety or welfare.
6
7 SECTION 17. REPEALER 21 O.S. 2021, Section 843.5, as
7
8 amended by Section 6, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2025,
8
9 Section 843.5), is hereby repealed.
9
10 SECTION 18. REPEALER 21 O.S. 2021, Section 843.5, as
10
11 last amended by Section 1, Chapter 281, O.S.L. 2025 (21 O.S. Supp.
11
12 2025, Section 843.5), is hereby repealed.
12
13 SECTION 19. AMENDATORY 21 O.S. 2021, Section 852.1, as
13
14 amended by Section 187, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
14
15 2025, Section 852.1), is amended to read as follows:
15
16 Section 852.1. A. A person who is the parent, guardian, or
16
17 person having custody or control over a child as defined in Section
17
18 1-1-105 of Title 10A of the Oklahoma Statutes, commits child
18
19 endangerment when the person:
19
20 1. Knowingly permits physical or sexual abuse of a child;
20
21 2. Knowingly permits a child to be present at a location where
21
22 a controlled dangerous substance is being manufactured or attempted
22
23 to be manufactured as defined in Section 2-101 of Title 63 of the
23
24 Oklahoma Statutes;
24
Req. No. 2626 Page 37
1 3. Knowingly permits a child to be present in a vehicle when
1
2 the person knows or should have known that the operator of the
2
3 vehicle is impaired by or is under the influence of alcohol or
3
4 another intoxicating substance; or
4
5 4. Is the driver, operator, or person in physical control of a
5
6 vehicle in violation of Section 11-902 of Title 47 of the Oklahoma
6
7 Statutes or impaired while transporting or having in the vehicle
7
8 such child or children.
8
9 However, it is an affirmative defense to this paragraph if the
9
10 person had a reasonable apprehension that any action to stop the
10
11 physical or sexual abuse or deny permission for the child to be in
11
12 the vehicle with an intoxicated person would result in substantial
12
13 bodily harm to the person or the child.
13
14 Nothing in this subsection shall prohibit the prosecution of a
14
15 person pursuant to the provisions of Section 11-902 or 11-904 of
15
16 Title 47 of the Oklahoma Statutes.
16
17 B. The provisions of this section shall not apply to any
17
18 parent, guardian or other person having custody or control of a
18
19 child for the sole reason that the parent, guardian or other person
19
20 in good faith selects and depends upon spiritual means or prayer for
20
21 the treatment or cure of disease or remedial care for such child.
21
22 This subsection shall in no way limit or modify the protections
22
23 afforded said child in Section 852 of this title or Section 1-4-904
23
24 of Title 10A of the Oklahoma Statutes.
24
Req. No. 2626 Page 38
1 C. Any person convicted of violating any provision of this
1
2 section shall be guilty of a Class B6 felony offense punishable by
2
3 imprisonment in the custody of the Department of Corrections for a
3
4 term of not more than four (4) years, or by a fine not exceeding
4
5 Five Thousand Dollars ($5,000.00), or by both such fine and
5
6 imprisonment.
6
7 SECTION 20. REPEALER 21 O.S. 2021, Section 852.1, as
7
8 amended by Section 1, Chapter 113, O.S.L. 2025 (21 O.S. Supp. 2025,
8
9 Section 852.1), is hereby repealed.
9
10 SECTION 21. AMENDATORY 21 O.S. 2021, Section 856.3, as
10
11 amended by Section 159, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
11
12 2025, Section 856.3), is amended to read as follows:
12
13 Section 856.3. Any person who attempts or commits a gang-
13
14 related offense as a condition of membership in a criminal street
14
15 gang or while in association with any criminal street gang or gang
15
16 member shall be guilty of a Class B5 felony offense. Upon
16
17 punishable upon conviction, the violator shall be punished by
17
18 incarceration imprisonment in the custody of the Department of
18
19 Corrections for a term of five (5) years, which shall be in addition
19
20 to any other penalty imposed. For purposes of this section,
20
21 "criminal street gang" is defined by subsection F of Section 856 of
21
22 Title 21 of the Oklahoma Statutes this title and "gang-related
22
23 offense" means those offenses enumerated in paragraphs 1 through 16
23
24
24
Req. No. 2626 Page 39
1 of subsection F of Section 856 of Title 21 of the Oklahoma Statutes
1
2 this title.
2
3 SECTION 22. REPEALER 21 O.S. 2021, Section 856.3, as
3
4 amended by Section 1, Chapter 108, O.S.L. 2025 (21 O.S. Supp. 2025,
4
5 Section 856.3), is hereby repealed.
5
6 SECTION 23. REPEALER 21 O.S. 2021, Section 888, as
6
7 amended by Section 4, Chapter 455, O.S.L. 2002, is hereby repealed.
7
8 SECTION 24. AMENDATORY 21 O.S. 2021, Section 1021.2, as
8
9 last amended by Section 49, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
9
10 2025, Section 1021.2), is amended to read as follows:
10
11 Section 1021.2. A. Any person who shall procure or cause the
11
12 participation of any minor under the age of eighteen (18) years in
12
13 any child pornography sexual abuse material or obscene material or
13
14 who knowingly possesses, views, accesses, shares, streams,
14
15 downloads, procures, sells, distributes, or manufactures, or causes
15
16 to be possessed, viewed, accessed, shared, streamed, downloaded,
16
17 procured, sold, distributed, or manufactured any child pornography
17
18 sexual abuse material shall, upon conviction, be guilty of a Class
18
19 B1 felony offense and shall be punished by imprisonment in the
19
20 custody of the Department of Corrections for not more than twenty
20
21 (20) years and by the imposition of a fine of not more than Twenty-
21
22 five Thousand Dollars ($25,000.00). Persons convicted under this
22
23 section shall not be eligible for a deferred sentence. Except for
23
24 persons sentenced to life or life without parole, any person
24
Req. No. 2626 Page 40
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 B. The consent of the minor, or of the mother, father, legal
8
9 guardian, or custodian of the minor to the activity prohibited by
9
10 this section shall not constitute a defense.
10
11 SECTION 25. REPEALER 21 O.S. 2021, Section 1021.2, as
11
12 amended by Section 9, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2025,
12
13 Section 1021.2), is hereby repealed.
13
14 SECTION 26. AMENDATORY 21 O.S. 2021, Section 1031, as
14
15 last amended by Section 397, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
15
16 2025, Section 1031), is amended to read as follows:
16
17 Section 1031. A. Except as provided in subsection B, C, D, or
17
18 E of this section, any person violating any of the provisions of
18
19 paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or Section
19
20 1030 of this title shall, upon conviction, be guilty of a
20
21 misdemeanor and shall be punished by imprisonment in the county jail
21
22 for not less than thirty (30) days nor more than one (1) year or by
22
23 fines as follows: a fine not more than Two Thousand Five Hundred
23
24 Dollars ($2,500.00) upon the first conviction for violation of any
24
Req. No. 2626 Page 41
1 of such provisions, a fine not more than Five Thousand Dollars
1
2 ($5,000.00) upon the second conviction for violation of any of such
2
3 provisions, and a fine not more than Seven Thousand Five Hundred
3
4 Dollars ($7,500.00) upon the third or subsequent convictions for
4
5 violation of any of such provisions, or by both such imprisonment
5
6 and fine. In addition, the court may require a term of community
6
7 service not less than forty (40) nor more than eighty (80) hours.
7
8 The court in which any such conviction is had shall notify the
8
9 county superintendent of public health of such conviction.
9
10 B. Any person who engages in an act of prostitution with
10
11 knowledge that he or she is infected with the human immunodeficiency
11
12 virus shall, upon conviction, be guilty of a Class D1 felony offense
12
13 punishable by imprisonment as provided for in subsections B through
13
14 F of Section 20N of this title.
14
15 C. Any person who engages in an act of child prostitution sex
15
16 trafficking as defined in Section 1030 of this title shall, upon
16
17 conviction, be guilty of a Class B1 felony offense punishable by
17
18 imprisonment in the custody of the Department of Corrections for not
18
19 more than ten (10) years and by fines as follows: a fine not more
19
20 than Five Thousand Dollars ($5,000.00) upon the first conviction, a
20
21 fine not more than Ten Thousand Dollars ($10,000.00) upon the second
21
22 conviction, and a fine not more than Fifteen Thousand Dollars
22
23 ($15,000.00) upon the third or subsequent convictions.
23
24
24
Req. No. 2626 Page 42
1 D. Any person violating any of the provisions of Section 1029
1
2 or 1030 of this title within one thousand (1,000) feet of a school
2
3 or church shall, upon conviction, be guilty of a Class D1 felony
3
4 offense and shall be punished by imprisonment as provided for in
4
5 subsections B through F of Section 20N of this title, or by fines as
5
6 follows: a fine not more than Two Thousand Five Hundred Dollars
6
7 ($2,500.00) upon the first conviction for violation of any of such
7
8 provisions, a fine not more than Five Thousand Dollars ($5,000.00)
8
9 upon the second conviction for violation of any of such provisions,
9
10 and a fine not more than Seven Thousand Five Hundred Dollars
10
11 ($7,500.00) upon the third or subsequent convictions for violation
11
12 of any of such provisions, or by both such imprisonment and fine.
12
13 In addition, the court may require a term of community service not
13
14 less than forty (40) nor more than eighty (80) hours. The court in
14
15 which any such conviction is had shall notify the county
15
16 superintendent of public health of such conviction.
16
17 E. Any person violating paragraph 4 of subsection A of Section
17
18 1029 of this title shall, upon conviction, be guilty of a Class B4
18
19 felony offense and shall be punished in accordance with the
19
20 provisions of subsection B of Section 1040.57 of this title.
20
21 SECTION 27. REPEALER 21 O.S. 2021, Section 1031, as last
21
22 amended by Section 5, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2025,
22
23 Section 1031), is hereby repealed.
23
24
24
Req. No. 2626 Page 43
1 SECTION 28. AMENDATORY 21 O.S. 2021, Section 1040.12a,
1
2 as last amended by Section 26, Chapter 486, O.S.L. 2025 (21 O.S.
2
3 Supp. 2025, Section 1040.12a), is amended to read as follows:
3
4 Section 1040.12a. A. Any person who, with knowledge of its
4
5 contents, possesses one hundred (100) or more separate visual
5
6 depictions of child pornography sexual abuse material shall, upon
6
7 conviction, be guilty of aggravated possession of child pornography
7
8 sexual abuse material, a Class A2 felony offense. The violator
8
9 shall be punished by imprisonment in the custody of the Department
9
10 of Corrections for a term not exceeding life imprisonment and by a
10
11 fine in an amount of not more than Ten Thousand Dollars
11
12 ($10,000.00). The violator, upon conviction, shall be required to
12
13 register as a sex offender under the Sex Offenders Registration Act.
13
14 B. For purposes of this section:
14
15 1. Multiple copies of the same identical material shall each be
15
16 counted as a separate item; and
16
17 2. The terms "child pornography" sexual abuse material" and
17
18 "visual depictions" mean the same definitions provided by Section
18
19 1024.1 of this title.
19
20 SECTION 29. REPEALER 21 O.S. 2021, Section 1040.12a, as
20
21 amended by Section 20, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2025,
21
22 Section 1040.12a), is hereby repealed.
22
23
23
24
24
Req. No. 2626 Page 44
1 SECTION 30. REPEALER 21 O.S. 2021, Section 1040.12a, as
1
2 last amended by Section 3, Chapter 29, O.S.L. 2025 (21 O.S. Supp.
2
3 2025, Section 1040.12a), is hereby repealed.
3
4 SECTION 31. AMENDATORY 21 O.S. 2021, Section 1040.13b,
4
5 as last amended by Section 1, Chapter 23, O.S.L. 2025 (21 O.S. Supp.
5
6 2025, Section 1040.13b), is amended to read as follows:
6
7 Section 1040.13b. A. As used in this section:
7
8 1. "Artificial intelligence" means a machine-based system that
8
9 can, for a given set of human-defined objectives, make predictions,
9
10 recommendations, or decisions influencing real or virtual
10
11 environments, including the ability to:
11
12 a. perceive real and virtual environments,
12
13 b. abstract perceptions made under this paragraph into
13
14 models through analysis in an automated manner, and
14
15 c. use model inference to formulate options for
15
16 information or action based on outcomes under
16
17 subparagraphs a and b of this paragraph.
17
18 The term includes generative artificial intelligence;
18
19 2. "Artificially generated sexual depiction" means a visual
19
20 depiction:
20
21 a. that appears to authentically depict an individual in
21
22 a state of nudity or engaged in sexual conduct that
22
23 did not occur in reality, and
23
24
24
Req. No. 2626 Page 45
1 b. the production of which was substantially dependent
1
2 upon technical means, including artificial
2
3 intelligence or photo editing software, rather than
3
4 the ability of another person to physically
4
5 impersonate the other person;
5
6 3. "Generative artificial intelligence" means the class of
6
7 models that emulate the structure and characteristics of input data
7
8 in order to generate derived synthetic content, including
8
9 information such as images, videos, audio clips, or text, that has
9
10 been significantly modified or generated by algorithms, including by
10
11 artificial intelligence;
11
12 4. "Image" includes a photograph, film, videotape, digital
12
13 recording or other depiction or portrayal of an object, including a
13
14 human body;
14
15 5. "Intimate parts" means the fully unclothed, partially
15
16 unclothed or transparently clothed genitals, pubic area or female
16
17 adult nipple;
17
18 6. "Sexual act" means sexual intercourse including genital,
18
19 anal or oral sex; and
19
20 7. "Visual depiction" means any depiction, photograph, film,
20
21 performance, or image displayed, stored, shared, or transmitted in
21
22 any format and on any medium including data that is capable of being
22
23 converted into a depiction, picture, movie, performance, or image.
23
24
24
Req. No. 2626 Page 46
1 B. 1. A person commits nonconsensual dissemination of private
1
2 sexual images when he or she:
2
3 a. intentionally disseminates an image of another person
3
4 who is engaged in a sexual act or whose intimate parts
4
5 are exposed, in whole or in part,
5
6 b. obtains the image under circumstances in which a
6
7 reasonable person would know or understand that the
7
8 image was to remain private, and
8
9 c. disseminates the image without the effective consent
9
10 of the depicted person.
10
11 2. A person commits nonconsensual dissemination of private
11
12 sexual images when he or she:
12
13 a. disseminates an artificially generated sexual
13
14 depiction of another person with the intent or with
14
15 reckless disregard to harass, annoy, threaten, alarm,
15
16 or cause physical, emotional, reputational, or
16
17 economic harm to the depicted person, and
17
18 b. disseminates the artificially generated sexual
18
19 depiction without the effective consent of the
19
20 depicted person.
20
21 C. The provisions of this section shall not apply to the
21
22 intentional dissemination of an image or artificially generated
22
23 sexual depiction of another identifiable person who is engaged in a
23
24 sexual act or whose intimate parts are exposed when:
24
Req. No. 2626 Page 47
1 1. The dissemination is made for the purpose of a criminal
1
2 investigation that is otherwise lawful;
2
3 2. The dissemination is for the purpose of, or in connection
3
4 with, the reporting of unlawful conduct;
4
5 3. The images or artificially generated sexual depictions
5
6 involve voluntary exposure in public or commercial settings; or
6
7 4. The dissemination serves a lawful purpose.
7
8 D. Nothing in this section shall be construed to impose
8
9 liability upon the following entities solely as a result of content
9
10 or information provided by another person:
10
11 1. An interactive computer service, as defined in 47 U.S.C.,
11
12 Section 230(f)(2);
12
13 2. A wireless service provider, as defined in Section 332(d) of
13
14 the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,
14
15 Federal Communications Commission rules, and the Omnibus Budget
15
16 Reconciliation Act of 1993, Pub. L. No. 103-66; or
16
17 3. A telecommunications network or broadband provider.
17
18 E. A person convicted under this section is subject to the
18
19 forfeiture provisions in Section 1040.54 of this title.
19
20 F. Any person who violates the provisions of subsection B of
20
21 this section shall, upon conviction, be guilty of a misdemeanor
21
22 punishable by imprisonment in a county jail for not more than one
22
23 (1) year or by a fine of not more than One Thousand Dollars
23
24 ($1,000.00), or both such fine and imprisonment.
24
Req. No. 2626 Page 48
1 G. Any person who violates or attempts to violate the
1
2 provisions of subsection B of this section and who gains or attempts
2
3 to gain any property or who gains or attempts to gain anything of
3
4 value as a result of the nonconsensual dissemination or threatened
4
5 dissemination of private sexual images or artificially generated
5
6 sexual depictions shall, upon conviction, be guilty of a Class D1
6
7 felony offense punishable by imprisonment in the custody of the
7
8 Department of Corrections for not more than five (5) years as
8
9 provided for in subsections B through F of Section 20N of this
9
10 title. A second or subsequent violation of this subsection shall be
10
11 a felony punishable by imprisonment in the custody of the Department
11
12 of Corrections for not more than ten (10) years and the offender
12
13 shall be required to register as a sex offender under the Sex
13
14 Offenders Registration Act.
14
15 H. The state shall not have the discretion to file a
15
16 misdemeanor charge, pursuant to Section 234 of Title 22 of the
16
17 Oklahoma Statutes, for a violation pursuant to subsection G of this
17
18 section.
18
19 I. The court shall have the authority to order the defendant to
19
20 remove the disseminated image or artificially generated sexual
20
21 depictions should the court find it is in the power of the defendant
21
22 to do so.
22
23
23
24
24
Req. No. 2626 Page 49
1 J. Nothing in this section shall prohibit the prosecution of a
1
2 person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,
2
3 1024.2, or 1040.12a of this title or any other applicable statute.
3
4 K. Any person who violates the provisions of subsection B of
4
5 this section by disseminating three or more images or artificially
5
6 generated sexual depictions within a six-month period shall, upon
6
7 conviction, be guilty of a Class D1 felony offense punishable by
7
8 imprisonment in the custody of the Department of Corrections for not
8
9 more than ten (10) years as provided for in subsections B through F
9
10 of Section 20N of this title.
10
11 SECTION 32. REPEALER 21 O.S. 2021, Section 1040.13b, as
11
12 last amended by Section 399, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
12
13 2025, Section 1040.13b), is hereby repealed.
13
14 SECTION 33. AMENDATORY 21 O.S. 2021, Section 1111, as
14
15 last amended by Section 1, Chapter 60, O.S.L. 2025 (21 O.S. Supp.
15
16 2025, Section 1111), is amended to read as follows:
16
17 Section 1111. A. Rape is an act of sexual intercourse
17
18 involving vaginal or anal penetration accomplished with a male or
18
19 female within or without the bonds of matrimony who may be of the
19
20 same or the opposite sex as the perpetrator under any of the
20
21 following circumstances:
21
22 1. Where the victim is under sixteen (16) eighteen (18) years
22
23 of age;
23
24
24
Req. No. 2626 Page 50
1 2. Where the victim is incapable through mental illness or any
1
2 other unsoundness of mind, whether temporary or permanent, of giving
2
3 legal consent;
3
4 3. Where force or violence is used or threatened, accompanied
4
5 by apparent power of execution to the victim or to another person;
5
6 4. Where the victim is intoxicated by a narcotic or anesthetic
6
7 agent, administered by or with the privity of the accused as a means
7
8 of forcing the victim to submit;
8
9 5. Where the victim is at the time unconscious of the nature of
9
10 the act and this fact is known to the accused;
10
11 6. Where the victim submits to sexual intercourse under the
11
12 belief that the person committing the act is a spouse, and this
12
13 belief is induced by artifice, pretense, or concealment practiced by
13
14 the accused or by the accused in collusion with the spouse with
14
15 intent to induce that belief. In all cases of collusion between the
15
16 accused and the spouse to accomplish such act, both the spouse and
16
17 the accused, upon conviction, shall be deemed guilty of rape;
17
18 7. Where the victim is under the legal custody or supervision
18
19 of a state agency, a federal agency, a county, a municipality, or a
19
20 political subdivision and engages in sexual intercourse with a
20
21 state, federal, county, municipal, or political subdivision employee
21
22 or an employee of a contractor of the state, the federal government,
22
23 a county, a municipality, or a political subdivision that exercises
23
24 authority over the victim, or the subcontractor or employee of a
24
Req. No. 2626 Page 51
1 subcontractor of the contractor of the state or federal government,
1
2 a county, a municipality, or a political subdivision that exercises
2
3 authority over the victim;
3
4 8. Where the victim is at least sixteen (16) years of age and
4
5 is less than twenty (20) years of age and is a student, or under the
5
6 legal custody or supervision of any public or private elementary or
6
7 secondary school, junior high or high school, or public vocational
7
8 school, and engages in sexual intercourse with a person who is
8
9 eighteen (18) years of age or older and is an employee, contractor,
9
10 or subcontractor of a school system. For purposes of this section,
10
11 "employee of a school system" shall include employed and contracted
11
12 school resource officers and security guards;
12
13 9. Where the victim is nineteen (19) years of age or younger
13
14 and is in the legal custody of a state agency, federal agency or
14
15 tribal court and engages in sexual intercourse with a foster parent
15
16 or foster parent applicant; or
16
17 10. Where the victim is a student at a secondary school, is
17
18 concurrently enrolled at an institution of higher education, and
18
19 engages in acts pursuant to this subsection with a perpetrator who
19
20 is an employee of the institution of higher education of at which
20
21 the victim is enrolled.
21
22 B. "Employee of an institution of higher education", for
22
23 purposes of this section, means faculty, adjunct faculty,
23
24 instructors, volunteers, or an employee of a business contracting
24
Req. No. 2626 Page 52
1 with an institution of higher education who may exercise, at any
1
2 time, institutional authority over the victim. Employee of an
2
3 institution of higher education shall not include an enrolled
3
4 student who is not more than three (3) years of age or older than
4
5 the concurrently enrolled student and who is employed or
5
6 volunteering, in any capacity, for the institution of higher
6
7 education.
7
8 SECTION 34. REPEALER 21 O.S. 2021, Section 1111, as last
8
9 amended by Section 1, Chapter 103, O.S.L. 2025 (21 O.S. Supp. 2025,
9
10 Section 1111), is hereby repealed.
10
11 SECTION 35. REPEALER 21 O.S. 2021, Section 1111, as last
11
12 amended by Section 1, Chapter 365, O.S.L. 2025 (21 O.S. Supp. 2025,
12
13 Section 1111), is hereby repealed.
13
14 SECTION 36. REPEALER 21 O.S. 2021, Section 1115, as
14
15 amended by Section 5, Chapter 455, O.S.L. 2002, is hereby repealed.
15
16 SECTION 37. AMENDATORY 21 O.S. 2021, Section 1123, as
16
17 last amended by Section 2, Chapter 281, O.S.L. 2025 (21 O.S. Supp.
17
18 2025, Section 1123), is amended to read as follows:
18
19 Section 1123. A. It is a Class A3 felony offense for any
19
20 person to knowingly and intentionally:
20
21 1. Make any oral, written or electronically or computer-
21
22 generated lewd or indecent proposal to any child under sixteen (16)
22
23 years of age, or other individual the person believes to be a child
23
24
24
Req. No. 2626 Page 53
1 under sixteen (16) years of age, for the child to have unlawful
1
2 sexual relations or sexual intercourse with any person;
2
3 2. Look upon, touch, maul, or feel the body or private parts of
3
4 any child under sixteen (16) years of age in any lewd or lascivious
4
5 manner by any acts against public decency and morality, as defined
5
6 by law;
6
7 3. Ask, invite, entice, or persuade any child under sixteen
7
8 (16) years of age, or other individual the person believes to be a
8
9 child under sixteen (16) years of age, to go alone with any person
9
10 to a secluded, remote, or secret place, with the unlawful and
10
11 willful intent and purpose then and there to commit any crime
11
12 against public decency and morality, as defined by law, with the
12
13 child;
13
14 4. In any manner lewdly or lasciviously look upon, touch, maul,
14
15 or feel the body or private parts of any child under sixteen (16)
15
16 years of age in any indecent manner or in any manner relating to
16
17 sexual matters or sexual interest; or
17
18 5. In a lewd and lascivious manner and for the purpose of
18
19 sexual gratification:
19
20 a. urinate or defecate upon a child under sixteen (16)
20
21 years of age, or force or require a child to defecate
21
22 or urinate upon the body or private parts of another,
22
23 or for the purpose of sexual gratification,
23
24 b. ejaculate upon or in the presence of a child,
24
Req. No. 2626 Page 54
1 c. cause, expose, force or require a child to look upon
1
2 the body or private parts of another person,
2
3 d. force or require any child under sixteen (16) years of
3
4 age or other individual the person believes to be a
4
5 child under sixteen (16) years of age, to view any
5
6 obscene materials, child sexual abuse material or
6
7 materials deemed harmful to minors as such terms are
7
8 defined by Sections 1024.1 and 1040.75 of this title,
8
9 e. cause, expose, force or require a child to look upon
9
10 sexual acts performed in the presence of the child, or
10
11 f. force or require a child to touch or feel the body or
11
12 private parts of the child or another person.
12
13 Any person convicted of any violation of this subsection shall
13
14 be punished by imprisonment in the custody of the Department of
14
15 Corrections for not less than three (3) years nor more than twenty
15
16 (20) years, except when the child is under twelve (12) years of age
16
17 at the time the offense is committed, and in such case the person
17
18 shall, upon conviction, be punished by death or by imprisonment in
18
19 the custody of the Department of Corrections for a term of not less
19
20 than ten (10) years, life, or life without parole. The provisions
20
21 of this subsection shall not apply unless the accused is at least
21
22 three (3) years older than the victim, except when accomplished by
22
23 the use of force or fear. Except as provided in Section 51.1a of
23
24 this title, any person convicted of a second or subsequent violation
24
Req. No. 2626 Page 55
1 of this subsection shall be guilty of a felony punishable as
1
2 provided in this subsection and shall not be eligible for probation,
2
3 suspended or deferred sentence. Except as provided in Section 51.1a
3
4 of this title, any person convicted of a third or subsequent
4
5 violation of this subsection shall be guilty of a felony punishable
5
6 by imprisonment in the custody of the Department of Corrections for
6
7 a term of life or life without parole, in the discretion of the
7
8 jury, or in case the jury fails or refuses to fix punishment then
8
9 the same shall be pronounced by the court. Any person convicted of
9
10 a violation of this subsection after having been twice convicted of
10
11 a violation of subsection A of Section 1114 of this title, Section
11
12 888 of this title, sexual abuse of a child pursuant to Section 843.5
12
13 of this title, or of any attempt to commit any of these offenses or
13
14 any combination of convictions pursuant to these sections shall be
14
15 punished by imprisonment in the custody of the Department of
15
16 Corrections for a term of life or life without parole.
16
17 B. No person shall commit sexual battery on any other person.
17
18 "Sexual battery" shall mean the intentional touching, mauling or
18
19 feeling of the body or private parts of any person sixteen (16)
19
20 years of age or older, in a lewd and lascivious manner:
20
21 1. Without the consent of that person;
21
22 2. When committed by a state, county, municipal or political
22
23 subdivision employee or a contractor or an employee of a contractor
23
24 of the state, a county, a municipality or political subdivision of
24
Req. No. 2626 Page 56
1 this state upon a person who is under the legal custody, supervision
1
2 or authority of a state agency, a county, a municipality or a
2
3 political subdivision of this state, or the subcontractor or
3
4 employee of a subcontractor of the contractor of the state or
4
5 federal government, a county, a municipality or a political
5
6 subdivision of this state;
6
7 3. When committed upon a person who is at least sixteen (16)
7
8 years of age and is less than twenty (20) years of age and is a
8
9 student, or in the legal custody or supervision of any public or
9
10 private elementary or secondary school, or technology center school,
10
11 by a person who is eighteen (18) years of age or older and is an
11
12 employee of a school system;
12
13 4. When committed upon a person who is nineteen (19) years of
13
14 age or younger and is in the legal custody of a state agency,
14
15 federal agency or a tribal court, by a foster parent or foster
15
16 parent applicant; or
16
17 5. When the victim is a student at a secondary school, is
17
18 concurrently enrolled at an institution of higher education, and
18
19 engages in acts pursuant to this subsection with a perpetrator who
19
20 is an employee of the institution of higher education of which the
20
21 student is enrolled.
21
22 As used in this subsection, "employee of an institution of
22
23 higher education" means faculty, adjunct faculty, instructors,
23
24 volunteers, or an employee of a business contracting with an
24
Req. No. 2626 Page 57
1 institution of higher education who may exercise, at any time,
1
2 institutional authority over the victim. Employee of an institution
2
3 of higher education shall not include an enrolled student who is not
3
4 more than three (3) years of age or older than the concurrently
4
5 enrolled student and who is employed or volunteering, in any
5
6 capacity, for the institution of higher education.
6
7 As used in this subsection, "employee of a school system" means
7
8 a teacher, principal or other duly appointed person employed by a
8
9 school system or an employee of a firm contracting with a school
9
10 system, including a school resource officer and security guard.
10
11 C. No person shall in any manner lewdly or lasciviously:
11
12 1. Look upon, touch, maul, or feel the body or private parts of
12
13 any human corpse in any indecent manner relating to sexual matters
13
14 or sexual interest; or
14
15 2. Urinate, defecate or ejaculate upon any human corpse.
15
16 D. Any person convicted of a violation of subsection B or C of
16
17 this section shall be deemed guilty of a Class B4 felony offense and
17
18 shall be punished by imprisonment in the custody of the Department
18
19 of Corrections for not more than ten (10) years.
19
20 E. The fact that an undercover operative or law enforcement
20
21 officer was involved in the detection and investigation of an
21
22 offense pursuant to this section shall not constitute a defense to a
22
23 prosecution under this section.
23
24
24
Req. No. 2626 Page 58
1 F. Except for persons sentenced to life or life without parole,
1
2 any person sentenced to imprisonment for two (2) years or more for a
2
3 violation of this section shall be required to serve a term of post-
3
4 imprisonment supervision pursuant to subparagraph f of paragraph 1
4
5 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
5
6 under conditions determined by the Department of Corrections. The
6
7 jury shall be advised that the mandatory post-imprisonment
7
8 supervision shall be in addition to the actual imprisonment.
8
9 SECTION 38. REPEALER 21 O.S. 2021, Section 1123, as last
9
10 amended by Section 2, Chapter 60, O.S.L. 2025 (21 O.S. Supp. 2025,
10
11 Section 1123), is hereby repealed.
11
12 SECTION 39. REPEALER 21 O.S. 2021, Section 1123, as last
12
13 amended by Section 38, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
13
14 Section 1123), is hereby repealed.
14
15 SECTION 40. AMENDATORY 21 O.S. 2021, Section 1173, as
15
16 last amended by Section 1, Chapter 145, O.S.L. 2025 (21 O.S. Supp.
16
17 2025, Section 1173), is amended to read as follows:
17
18 Section 1173. A. Any person who willfully, maliciously, and
18
19 repeatedly follows or harasses another person in a manner that:
19
20 1. Would cause a reasonable person or a member of the immediate
20
21 family of that person as defined in subsection F of this section to
21
22 feel frightened, intimidated, threatened, harassed, or molested; and
22
23
23
24
24
Req. No. 2626 Page 59
1 2. Actually causes the person being followed or harassed to
1
2 feel terrorized, frightened, intimidated, threatened, harassed, or
2
3 molested,
3
4 shall, upon conviction, be guilty of the crime of stalking, which is
4
5 a felony punishable by imprisonment in the custody of the Department
5
6 of Corrections for a term not to exceed three (3) years, or by a
6
7 fine not to exceed Five Thousand Dollars ($5,000.00), or by both
7
8 such fine and imprisonment. Any person convicted of a second
8
9 violation of the provisions of this subsection shall be punished by
9
10 imprisonment in the custody of the Department of Corrections for a
10
11 term not to exceed six (6) years, or by a fine not to exceed Ten
11
12 Thousand Dollars ($10,000.00), or by both such fine and
12
13 imprisonment. Any person convicted of a third or subsequent
13
14 violation of the provisions of this subsection shall be punished by
14
15 imprisonment in the custody of the Department of Corrections for a
15
16 term not to exceed twelve (12) years, or by a fine not to exceed
16
17 Fifteen Thousand Dollars ($15,000.00), or by both such fine and
17
18 imprisonment.
18
19 B. Any person who violates the provisions of subsection A of
19
20 this section when:
20
21 1. There is a permanent or temporary restraining order, a
21
22 protective order, an emergency ex parte protective order, or an
22
23 injunction in effect prohibiting the behavior described in
23
24 subsection A of this section against the same party, when the person
24
Req. No. 2626 Page 60
1 violating the provisions of subsection A of this section has actual
1
2 notice of the issuance of such order or injunction;
2
3 2. Said person is on probation or parole, a condition of which
3
4 prohibits the behavior described in subsection A of this section
4
5 against the same party or under the conditions of a community or
5
6 alternative punishment; or
6
7 3. Said person, within ten (10) years preceding the violation
7
8 of subsection A of this section, completed the execution of sentence
8
9 for a conviction of a crime involving the use or threat of violence
9
10 against the same party, or against any member of the immediate
10
11 family of such party,
11
12 shall, upon conviction, be guilty of a Class B5 felony offense
12
13 punishable by imprisonment in the custody of the Department of
13
14 Corrections for a term not to exceed fifteen (15) years, or by a
14
15 fine not to exceed Twenty Thousand Dollars ($20,000.00), or by both
15
16 such fine and imprisonment.
16
17 C. Any person who:
17
18 1. Commits a second act of stalking within ten (10) years of
18
19 the completion of sentence for a prior conviction of stalking; or
19
20 2. Has a prior conviction of stalking and, after being served
20
21 with a protective order that prohibits contact with an individual,
21
22 knowingly makes unconsented contact with the same individual,
22
23 shall, upon conviction, be guilty of a felony punishable by
23
24 imprisonment in the custody of the Department of Corrections for a
24
Req. No. 2626 Page 61
1 term not to exceed twenty (20) years, or by a fine not to exceed
1
2 Twenty-five Thousand Dollars ($25,000.00), or by both such fine and
2
3 imprisonment.
3
4 D. Any person who commits an act of stalking within ten (10)
4
5 years of the completion of execution of sentence for a prior
5
6 conviction under subsection B or C of this section shall, upon
6
7 conviction, be guilty of a Class B4 felony offense punishable by
7
8 imprisonment in the custody of the Department of Corrections for a
8
9 term not to exceed twenty-five (25) years, or by a fine not to
9
10 exceed Thirty Thousand Dollars ($30,000.00), or by both such fine
10
11 and imprisonment.
11
12 E. Evidence that the defendant continued to engage in a course
12
13 of conduct involving repeated unconsented contact, as defined in
13
14 subsection F of this section, with the victim after having been
14
15 requested by the victim to discontinue the same or any other form of
15
16 unconsented contact, and to refrain from any further unconsented
16
17 contact with the victim, shall give rise to a rebuttable presumption
17
18 that the continuation of the course of conduct caused the victim to
18
19 feel terrorized, frightened, intimidated, threatened, harassed, or
19
20 molested.
20
21 F. For purposes of determining the crime of stalking, the
21
22 following definitions shall apply:
22
23 1. "Harasses" means a pattern or course of conduct directed
23
24 toward another individual that includes, but is not limited to,
24
Req. No. 2626 Page 62
1 repeated or continuing unconsented contact, that would cause a
1
2 reasonable person to suffer emotional distress, and that actually
2
3 causes emotional distress to the victim. Harassment shall include
3
4 harassing or obscene phone calls as prohibited by Section 1172 of
4
5 this title and conduct prohibited by Section 850 of this title.
5
6 Harassment does not include constitutionally protected activity or
6
7 conduct that serves a legitimate purpose;
7
8 2. "Course of conduct" means a series of two or more separate
8
9 acts over a period of time, however short or long, evidencing a
9
10 continuity of purpose, including any of the following:
10
11 a. maintaining a visual or physical proximity to the
11
12 victim,
12
13 b. approaching or confronting the victim in a public
13
14 place or on private property,
14
15 c. appearing at the workplace of the victim or contacting
15
16 the employer or coworkers of the victim,
16
17 d. appearing at the home of the victim or contacting the
17
18 neighbors of the victim,
18
19 e. entering onto or remaining on property owned, leased,
19
20 or occupied by the victim,
20
21 f. contacting the victim by telephone, text message,
21
22 electronic message, electronic mail, or other means of
22
23 electronic communication or causing the telephone or
23
24 electronic device of the victim or the telephone or
24
Req. No. 2626 Page 63
1 electronic device of any other person to ring or
1
2 generate notifications repeatedly or continuously,
2
3 regardless of whether a conversation ensues,
3
4 g. photographing, videotaping, audiotaping, or, through
4
5 any other electronic means, monitoring or recording
5
6 the activities of the victim. This subparagraph
6
7 applies regardless of where the act occurs,
7
8 h. sending to the victim any physical or electronic
8
9 material or contacting the victim by any means,
9
10 including any message, comment, or other content
10
11 posted on any Internet site or web application,
11
12 i. sending to a family member or member of the household
12
13 of the victim, or any current or former employer of
13
14 the victim, or any current or former coworker of the
14
15 victim, or any friend of the victim, any physical or
15
16 electronic material or contacting such person by any
16
17 means, including any message, comment, or other
17
18 content posted on any Internet site or web
18
19 application, for the purpose of obtaining information
19
20 about, disseminating information about, or
20
21 communicating with the victim,
21
22 j. placing an object on or delivering an object to
22
23 property owned, leased, or occupied by the victim,
23
24
24
Req. No. 2626 Page 64
1 k. delivering an object to a family member or member of
1
2 the household of the victim, or an employer, coworker,
2
3 or friend of the victim, or placing an object on, or
3
4 delivering an object to, property owned, leased, or
4
5 occupied by such a person with the intent that the
5
6 object be delivered to the victim, or
6
7 l. causing a person to engage in any of the acts
7
8 described in subparagraphs a through k of this
8
9 paragraph.
9
10 Constitutionally protected activity is not included within the
10
11 meaning of "course of conduct";
11
12 3. "Emotional distress" means significant mental suffering or
12
13 distress that may, but does not necessarily require, medical or
13
14 other professional treatment or counseling;
14
15 4. "Unconsented contact" means any contact with another
15
16 individual that is initiated or continued without the consent of the
16
17 individual, or in disregard of that individual's expressed desire
17
18 that the contact be avoided or discontinued. Constitutionally
18
19 protected activity is not included within the meaning of unconsented
19
20 contact. Unconsented contact includes but is not limited to any of
20
21 the following:
21
22 a. following or appearing within the sight of that
22
23 individual,
23
24
24
Req. No. 2626 Page 65
1 b. approaching or confronting that individual in a public
1
2 place or on private property,
2
3 c. appearing at the workplace or residence of that
3
4 individual,
4
5 d. entering onto or remaining on property owned, leased,
5
6 or occupied by that individual,
6
7 e. contacting that individual by telephone,
7
8 f. sending mail or electronic communications to that
8
9 individual, and
9
10 g. placing an object on, or delivering an object to,
10
11 property owned, leased, or occupied by that
11
12 individual;
12
13 5. "Member of the immediate family", for the purposes of this
13
14 section, means any spouse, parent, child, person related within the
14
15 third degree of consanguinity or affinity or any other person who
15
16 regularly resides in the household or who regularly resided in the
16
17 household within the prior six (6) months; and
17
18 6. "Following" shall include the tracking of the movement or
18
19 location of an individual through the use of a Global Positioning
19
20 System (GPS) device or other monitoring device by a person, or
20
21 person who acts on behalf of another, without the consent of the
21
22 individual whose movement or location is being tracked; provided,
22
23 this shall not apply to the lawful use of a GPS device or other
23
24 monitoring device or to the use by a new or used motor vehicle
24
Req. No. 2626 Page 66
1 dealer or other motor vehicle creditor of a GPS device or other
1
2 monitoring device, including a device containing technology used to
2
3 remotely disable the ignition of a motor vehicle, in connection with
3
4 lawful action after default of the terms of a motor vehicle credit
4
5 sale, loan or lease, and with the express written consent of the
5
6 owner or lessee of the motor vehicle.
6
7 G. Any pleas of guilty or nolo contendere or finding of guilt
7
8 to a violation of any provision of this section shall constitute a
8
9 conviction of the offense for the purpose of any subsection of this
9
10 section under which the existence of a prior conviction is relevant
10
11 for a period of ten (10) years following the completion of any
11
12 sentence or court imposed probationary term.
12
13 SECTION 41. REPEALER 21 O.S. 2021, Section 1173, as last
13
14 amended by Section 118, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
14
15 2025, Section 1173), is hereby repealed.
15
16 SECTION 42. AMENDATORY 21 O.S. 2021, Section 1277, as
16
17 amended by Section 2, Chapter 251, O.S.L. 2025 (21 O.S. Supp. 2025,
17
18 Section 1277), is amended to read as follows:
18
19 Section 1277.
19
20 UNLAWFUL CARRY IN CERTAIN PLACES
20
21 A. It shall be unlawful for any person, including a person in
21
22 possession of a valid handgun license issued pursuant to the
22
23 provisions of the Oklahoma Self-Defense Act, to carry any concealed
23
24 or unconcealed firearm into any of the following places:
24
Req. No. 2626 Page 67
1 1. Any building or office space which is owned or leased by a
1
2 city, town, county, or state governmental authority for the purpose
2
3 of conducting business with the public. However, the governing body
3
4 of a city or town may authorize the concealed carry of handguns into
4
5 any building or office space that is owned or leased by a city or
5
6 town, except those places listed in paragraph 2 of this subsection;
6
7 2. Any courthouse, courtroom, prison, jail, detention facility,
7
8 or any facility used to process, hold, or house arrested persons,
8
9 prisoners, or persons alleged delinquent or adjudicated delinquent,
9
10 except as provided in Section 21 of Title 57 of the Oklahoma
10
11 Statutes;
11
12 3. Any public or private elementary or public or private
12
13 secondary school, except as provided in subsections C and D of this
13
14 section;
14
15 4. Any publicly owned or operated sports arena or venue during
15
16 a professional sporting event, unless allowed by the event holder;
16
17 5. Any place where gambling is authorized by law, unless
17
18 allowed by the property owner;
18
19 6. Any other place specifically prohibited by law; and
19
20 7. Any property set aside by a county, city, town, public trust
20
21 with a county, city, or town as a beneficiary, or state governmental
21
22 authority for an event that is secured with minimum security
22
23 provisions. For purposes of this paragraph, a minimum security
23
24
24
Req. No. 2626 Page 68
1 provision consists of a location that is secured utilizing the
1
2 following:
2
3 a. a metallic-style security fence that is at least eight
3
4 (8) feet in height that encompasses the property and
4
5 is secured in such a way as to deter unauthorized
5
6 entry,
6
7 b. controlled access points staffed by a uniformed,
7
8 commissioned peace officer, and
8
9 c. a metal detector whereby persons walk or otherwise
9
10 travel with their property through or by the metal
10
11 detector.
11
12 B. It shall be lawful for a person to carry a concealed or
12
13 unconcealed firearm on the following properties:
13
14 1. Any property set aside for the use or parking of any
14
15 vehicle, whether attended or unattended, by a city, town, county, or
15
16 state governmental authority;
16
17 2. Any property set aside for the use or parking of any
17
18 vehicle, whether attended or unattended, which is open to the
18
19 public, or by any entity engaged in gambling authorized by law;
19
20 3. Any property adjacent to a building or office space in which
20
21 concealed or unconcealed weapons are prohibited by the provisions of
21
22 this section;
22
23 4. Any property designated by a city, town, county, or state
23
24 governmental authority as a park, recreational area, wildlife
24
Req. No. 2626 Page 69
1 refuge, wildlife management area, or fairgrounds; provided, nothing
1
2 in this paragraph shall be construed to authorize any entry by a
2
3 person in possession of a concealed or unconcealed firearm into any
3
4 building, office space, or event which is specifically prohibited by
4
5 the provisions of subsection A of this section;
5
6 5. Any property set aside by a public or private elementary or
6
7 secondary school for the use or parking of any vehicle, whether
7
8 attended or unattended; provided, however, the firearm shall be
8
9 stored and hidden from view in a locked motor vehicle when the motor
9
10 vehicle is left unattended on school property; and
10
11 6. Any public property set aside temporarily by a county, city,
11
12 town, public trust with a county, city, or town as a beneficiary, or
12
13 state governmental authority for the holder of an event permit that
13
14 is without minimum security provisions, as such term is defined in
14
15 paragraph 7 of subsection A of this section; provided, the carry of
15
16 firearms within the permitted event area shall be limited to
16
17 concealed carry of a handgun unless otherwise authorized by the
17
18 holder of the event permit.
18
19 Nothing contained in any provision of this subsection or
19
20 subsection C of this section shall be construed to authorize or
20
21 allow any person in control of any place described in subsection A
21
22 of this section to establish any policy or rule that has the effect
22
23 of prohibiting any person in lawful possession of a handgun license
23
24
24
Req. No. 2626 Page 70
1 or otherwise in lawful possession of a firearm from carrying or
1
2 possessing the firearm on the property described in this subsection.
2
3 C. A concealed or unconcealed weapon may be carried onto
3
4 private school property or in any school bus or vehicle used by any
4
5 private school for transportation of students or teachers by a
5
6 person who is licensed pursuant to the Oklahoma Self-Defense Act,
6
7 provided a policy has been adopted by the governing entity of the
7
8 private school that authorizes the carrying and possession of a
8
9 weapon on private school property or in any school bus or vehicle
9
10 used by a private school. Except for acts of gross negligence or
10
11 willful or wanton misconduct, a governing entity of a private school
11
12 that adopts a policy which authorizes the possession of a weapon on
12
13 private school property, a school bus, or a vehicle used by the
13
14 private school shall not be subject to liability for any injuries
14
15 arising from the adoption of the policy. The provisions of this
15
16 subsection shall not apply to claims pursuant to the Administrative
16
17 Workers' Compensation Act.
17
18 D. Notwithstanding paragraph 3 of subsection A of this section,
18
19 a A board of education of a school district may adopt a policy
19
20 pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
20
21 authorize the carrying of a handgun onto school property by school
21
22 personnel specifically designated by the board of education,
22
23 provided such personnel either:
23
24
24
Req. No. 2626 Page 71
1 1. Possess a valid armed security guard license as provided for
1
2 in the Oklahoma Security Guard and Private Investigator Act; or
2
3 2. Hold a valid reserve peace officer certification as provided
3
4 for in Section 3311 of Title 70 of the Oklahoma Statutes.
4
5 Nothing in this subsection shall be construed to restrict
5
6 authority granted elsewhere in law to carry firearms.
6
7 E. Notwithstanding the provisions of subsection A of this
7
8 section, on any property designated as a municipal zoo or park of
8
9 any size that is owned, leased, operated, or managed by:
9
10 1. A public trust created pursuant to the provisions of Section
10
11 176 of Title 60 of the Oklahoma Statutes; or
11
12 2. A nonprofit entity,
12
13 an individual shall be allowed to carry a concealed handgun but not
13
14 openly carry a handgun on the property.
14
15 F. Any person violating the provisions of paragraph 2 or 3 of
15
16 subsection A of this section shall, upon conviction, be guilty of a
16
17 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
17
18 Dollars ($250.00). A person violating any other provision of
18
19 subsection A of this section may be denied entrance onto the
19
20 property or removed from the property. If the person refuses to
20
21 leave the property and a peace officer is summoned, the person may
21
22 be issued a citation for an amount not to exceed Two Hundred Fifty
22
23 Dollars ($250.00).
23
24
24
Req. No. 2626 Page 72
1 G. No person in possession of a valid handgun license issued
1
2 pursuant to the provisions of the Oklahoma Self-Defense Act or who
2
3 is carrying or in possession of a firearm as otherwise permitted by
3
4 law or who is carrying or in possession of a machete, blackjack,
4
5 loaded cane, hand chain, or metal knuckles shall be authorized to
5
6 carry the firearm, machete, blackjack, loaded cane, hand chain, or
6
7 metal knuckles into or upon any college, university, or technology
7
8 center school property, except as provided in this subsection. For
8
9 purposes of this subsection, the following property shall not be
9
10 construed to be college, university, or technology center school
10
11 property:
11
12 1. Any property set aside for the use or parking of any motor
12
13 vehicle, whether attended or unattended, provided the firearm,
13
14 machete, blackjack, loaded cane, hand chain, or metal knuckles are
14
15 carried or stored as required by law and the firearm, machete,
15
16 blackjack, loaded cane, hand chain, or metal knuckles are not
16
17 removed from the motor vehicle without the prior consent of the
17
18 college or university president or technology center school
18
19 administrator while the vehicle is on any college, university, or
19
20 technology center school property;
20
21 2. Any property authorized for possession or use of firearms,
21
22 machetes, blackjacks, loaded canes, hand chains, or metal knuckles
22
23 by college, university, or technology center school policy; and
23
24
24
Req. No. 2626 Page 73
1 3. Any property authorized by the written consent of the
1
2 college or university president or technology center school
2
3 administrator, provided the written consent is carried with the
3
4 firearm, machete, blackjack, loaded cane, hand chain, or metal
4
5 knuckles and the valid handgun license while on college, university,
5
6 or technology center school property.
6
7 The college, university, or technology center school may notify
7
8 the Oklahoma State Bureau of Investigation within ten (10) days of a
8
9 violation of any provision of this subsection by a licensee. Upon
9
10 receipt of a written notification of violation, the Bureau shall
10
11 give a reasonable notice to the licensee and hold a hearing. At the
11
12 hearing, upon a determination that the licensee has violated any
12
13 provision of this subsection, the licensee may be subject to an
13
14 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
14
15 have the handgun license suspended for three (3) months.
15
16 Nothing contained in any provision of this subsection shall be
16
17 construed to authorize or allow any college, university, or
17
18 technology center school to establish any policy or rule that has
18
19 the effect of prohibiting any person in lawful possession of a
19
20 handgun license or any person in lawful possession of a firearm,
20
21 machete, blackjack, loaded cane, hand chain, or metal knuckles from
21
22 possession of a firearm, machete, blackjack, loaded cane, hand
22
23 chain, or metal knuckles in places described in paragraphs 1, 2, and
23
24 3 of this subsection. Nothing contained in any provision of this
24
Req. No. 2626 Page 74
1 subsection shall be construed to limit the authority of any college,
1
2 university, or technology center school in this state from taking
2
3 administrative action against any student for any violation of any
3
4 provision of this subsection.
4
5 H. The provisions of this section shall not apply to the
5
6 following:
6
7 1. Any peace officer or any person authorized by law to carry a
7
8 firearm in the course of employment;
8
9 2. Any district judge, associate district judge, or special
9
10 district judge, Judge of the Court of Civil Appeals, Judge of the
10
11 Court of Criminal Appeals, or Justice of the Supreme Court who is in
11
12 possession of a valid handgun license issued pursuant to the
12
13 provisions of the Oklahoma Self-Defense Act and whose name appears
13
14 on a list maintained by the Administrative Director of the Courts,
14
15 when acting in the course and scope of employment within the
15
16 courthouses of the county that falls within the jurisdiction of the
16
17 district judge, associate district judge, or special district judge;
17
18 3. Any private investigator with a firearms authorization when
18
19 acting in the course and scope of employment;
19
20 4. Any An elected official of a county, who is in possession of
20
21 a valid handgun license issued pursuant to the provisions of the
21
22 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
22
23 in the performance of his or her duties within the courthouses of
23
24 the county in which he or she was elected. The provisions of this
24
Req. No. 2626 Page 75
1 paragraph shall not allow the elected county official to carry the
1
2 handgun into a courtroom;
2
3 5. The sheriff of any county may authorize certain employees of
3
4 the county, who possess a valid handgun license issued pursuant to
4
5 the provisions of the Oklahoma Self-Defense Act, to carry a
5
6 concealed handgun when acting in the course and scope of employment
6
7 within the courthouse in the county in which the person is employed.
7
8 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
8
9 from requiring additional instruction or training before granting
9
10 authorization to carry a concealed handgun within the courthouse.
10
11 The provisions of this paragraph and of paragraph 6 of this
11
12 subsection shall not allow the county employee to carry the handgun
12
13 into a courtroom, sheriff's office, adult or juvenile jail, or any
13
14 other prisoner detention area;
14
15 6. The board of county commissioners of any county may
15
16 authorize certain employees of the county, who possess a valid
16
17 handgun license issued pursuant to the provisions of the Oklahoma
17
18 Self-Defense Act, to carry a concealed handgun when acting in the
18
19 course and scope of employment on county annex facilities or grounds
19
20 surrounding the county courthouse that fall within the jurisdiction
20
21 of the county employees; and
21
22 7. Any municipal judge, who is in possession of a valid handgun
22
23 license issued pursuant to the provisions of the Oklahoma Self-
23
24 Defense Act, when acting in the course and scope of employment
24
Req. No. 2626 Page 76
1 within the courthouses of the municipality that are within the
1
2 jurisdiction of the municipal judge.
2
3 I. 1. Any elected official of a municipality or any municipal
3
4 employee approved by the governing body of a municipality, who
4
5 possesses a valid handgun license issued pursuant to the provisions
5
6 of the Oklahoma Self-Defense Act, may carry a concealed handgun when
6
7 acting in the performance of his or her official duties within
7
8 municipal buildings that are within the jurisdiction of the elected
8
9 official or municipal employee.
9
10 2. For purposes of this subsection, a firearm may not be
10
11 present inside a firearm-prohibited location, which shall include:
11
12 a. any building or office space on municipally owned or
12
13 leased property designated as a firearm-prohibited
13
14 location by the municipality, municipal trust, or
14
15 municipal authority, and
15
16 b. any police department, courthouse, courtroom, prison,
16
17 jail, detention facility, or any facility used to
17
18 process, hold, or house arrested persons, prisoners,
18
19 or persons alleged delinquent or adjudicated
19
20 delinquent.
20
21 3. Nothing in this subsection shall be construed to require an
21
22 elected official or designated employee of the municipality to carry
22
23 a firearm as a condition of employment or service with the
23
24 municipality.
24
Req. No. 2626 Page 77
1 J. For the purposes of this section, "motor vehicle" means any
1
2 automobile, truck, minivan, sport utility vehicle, or motorcycle, as
2
3 defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
3
4 equipped with a locked accessory container within or affixed to the
4
5 motorcycle.
5
6 SECTION 43. REPEALER 21 O.S. 2021, Section 1277, as
6
7 amended by Section 1, Chapter 70, O.S.L. 2025 (21 O.S. Supp. 2025,
7
8 Section 1277), is hereby repealed.
8
9 SECTION 44. AMENDATORY 21 O.S. 2021, Section 1289.16, as
9
10 amended by Section 3, Chapter 261, O.S.L. 2025 (21 O.S. Supp. 2025,
10
11 Section 1289.16), is amended to read as follows:
11
12 Section 1289.16.
12
13 FELONY POINTING FIREARMS
13
14 A. It shall be lawful to point a firearm, knife, or any other
14
15 deadly weapon at another person or persons by:
15
16 1. A person who can legally own or possess a weapon pursuant to
16
17 the provisions of Section 1272 of this title:
17
18 a. during an act of self-defense, or
18
19 b. in defense of real or private property, whether owned,
19
20 leased, or occupied by permission of the property
20
21 owner and whether or not the person possesses a valid
21
22 handgun license issued pursuant to the Oklahoma Self-
22
23 Defense Act;
23
24
24
Req. No. 2626 Page 78
1 2. A person in the defensive display of a firearm or other
1
2 deadly weapon, as provided for in Section 1289.25 of this title;
2
3 3. Law enforcement authorities in the performance of their
3
4 duties;
4
5 4. Armed security guards licensed by the Council on Law
5
6 Enforcement Education and Training pursuant to the Oklahoma Security
6
7 Guard and Private Investigator Act in the performance of their
7
8 duties;
8
9 5. Members of the state military forces in the performance of
9
10 their duties;
10
11 6. Members of the federal military reserve and active military
11
12 components in the performance of their duties;
12
13 7. Any federal government law enforcement officer in the
13
14 performance of any duty; or
14
15 8. Any person during the performance of a play on stage, while
15
16 participating in a rodeo, or when participating in a television
16
17 program or film project.
17
18 B. It shall be unlawful for any person to willfully and without
18
19 lawful cause point a firearm, knife, or any other deadly weapon,
19
20 whether loaded or not, at any person or persons for the purpose of
20
21 threatening or with the intention of discharging the firearm or with
21
22 any malice or for any purpose of injuring, either through physical
22
23 injury or mental or emotional intimidation, or for purposes of
23
24 whimsy, humor, or prank, or in anger or otherwise.
24
Req. No. 2626 Page 79
1 C. Any person convicted of a violation of the provisions of
1
2 this section shall be guilty of a Class B4 felony offense and shall
2
3 be punished as provided in Section 1289.17 of this title.
3
4 SECTION 45. REPEALER 21 O.S. 2021, Section 1289.16, as
4
5 amended by Section 131, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
5
6 2025, Section 1289.16), is hereby repealed.
6
7 SECTION 46. REPEALER 21 O.S. 2021, Section 1290.5, as
7
8 amended by Section 5, Chapter 146, O.S.L. 2021, is hereby repealed.
8
9 SECTION 47. REPEALER 21 O.S. 2021, Section 1451, as
9
10 amended by Section 1, Chapter 221, O.S.L. 2016, is hereby repealed.
10
11 SECTION 48. REPEALER 21 O.S. 2021, Section 1521, as
11
12 amended by Section 2, Chapter 221, O.S.L. 2016, is hereby repealed.
12
13 SECTION 49. REPEALER 21 O.S. 2021, Section 1541.2, as
13
14 amended by Section 5, Chapter 221, O.S.L. 2016, is hereby repealed.
14
15 SECTION 50. REPEALER 21 O.S. 2021, Section 1541.3, as
15
16 amended by Section 6, Chapter 221, O.S.L. 2016, is hereby repealed.
16
17 SECTION 51. REPEALER 21 O.S. 2021, Section 1577, as
17
18 amended by Section 11, Chapter 221, O.S.L. 2016, is hereby repealed.
18
19 SECTION 52. REPEALER 21 O.S. 2021, Section 1578, as
19
20 amended by Section 12, Chapter 221, O.S.L. 2016, is hereby repealed.
20
21 SECTION 53. REPEALER 21 O.S. 2021, Section 1579, as
21
22 amended by Section 13, Chapter 221, O.S.L. 2016, is hereby repealed.
22
23 SECTION 54. REPEALER 21 O.S. 2021, Section 1621, as
23
24 amended by Section 15, Chapter 221, O.S.L. 2016, is hereby repealed.
24
Req. No. 2626 Page 80
1 SECTION 55. REPEALER 21 O.S. 2021, Section 1704, as
1
2 amended by Section 16, Chapter 221, O.S.L. 2016, is hereby repealed.
2
3 SECTION 56. REPEALER 21 O.S. 2021, Section 1705, as
3
4 amended by Section 17, Chapter 221, O.S.L. 2016, is hereby repealed.
4
5 SECTION 57. REPEALER 21 O.S. 2021, Section 1713, as
5
6 amended by Section 18, Chapter 221, O.S.L. 2016, is hereby repealed.
6
7 SECTION 58. REPEALER 21 O.S. 2021, Section 1731, as
7
8 amended by Section 19, Chapter 221, O.S.L. 2016, is hereby repealed.
8
9 SECTION 59. AMENDATORY 21 O.S. 2021, Section 1903, as
9
10 amended by Section 2, Chapter 405, O.S.L. 2025 (21 O.S. Supp. 2025,
10
11 Section 1903), is amended to read as follows:
11
12 Section 1903. A. No person shall by force or violence, or
12
13 threat of force or violence, seize or exercise control of any
13
14 rolling stock transit vehicle. Any person violating this subsection
14
15 shall be guilty of a Class B1 felony offense and shall, upon
15
16 conviction, be punished by imprisonment in the custody of the
16
17 Department of Corrections for not more than twenty (20) years, or by
17
18 a fine not more than Twenty Thousand Dollars ($20,000.00), or by
18
19 both such fine and imprisonment.
19
20 B. No person shall intimidate, threaten, assault, or batter any
20
21 driver, attendant, guard, or passenger of any rolling stock transit
21
22 vehicle or cause disruption to the provided service or cause harm to
22
23 any person. Any person violating this subsection shall be guilty of
23
24 a Class B4 felony offense and shall, upon conviction, be punished by
24
Req. No. 2626 Page 81
1 imprisonment in the custody of the Department of Corrections for not
1
2 more than ten (10) years, by a fine not more than Five Thousand
2
3 Dollars ($5,000.00), or by both such fine and imprisonment.
3
4 C. Any person violating subsection A or B of this section using
4
5 a dangerous or deadly weapon shall be guilty of a Class B1 felony
5
6 offense, and shall, upon conviction, be punished by imprisonment in
6
7 the custody of the Department of Corrections for not more than
7
8 twenty (20) years, by a fine not more than Twenty Thousand Dollars
8
9 ($20,000.00), or by both such fine and imprisonment.
9
10 D. It shall be unlawful for any person to discharge any firearm
10
11 into or within any rolling stock transit vehicle, terminal, or other
11
12 transportation facility, unless such action is determined to have
12
13 been in defensive force resulting from reasonable fear of imminent
13
14 peril of death or great bodily harm to himself or herself or
14
15 another. Such person shall, upon conviction, be guilty of a Class
15
16 B4 felony offense punishable by a fine not more than Five Thousand
16
17 Dollars ($5,000.00), by imprisonment in the custody of the
17
18 Department of Corrections for not more than five (5) years, or by
18
19 both such fine and imprisonment.
19
20 SECTION 60. REPEALER 21 O.S. 2021, Section 1903, as
20
21 amended by Section 62, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
21
22 Section 1903), is hereby repealed.
22
23
23
24
24
Req. No. 2626 Page 82
1 SECTION 61. AMENDATORY 47 O.S. 2021, Section 11-902, as
1
2 amended by Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp. 2025,
2
3 Section 11-902), is amended to read as follows:
3
4 Section 11-902. A. It is unlawful and punishable as provided
4
5 for in this section for any person to drive, operate, or be in
5
6 actual physical control of a motor vehicle within this state,
6
7 whether upon public roads, highways, streets, turnpikes, other
7
8 public places or upon any private road, street, alley, or lane which
8
9 provides access to one or more single or multi-family dwellings,
9
10 who:
10
11 1. Has a blood or breath alcohol concentration, as defined in
11
12 Section 756 of this title, of eight-hundredths (0.08) or more at the
12
13 time of a test of such person's blood or breath;
13
14 2. Is under the influence of alcohol;
14
15 3. Has any amount of a Schedule I chemical or controlled
15
16 substance, as defined in Section 2-204 of Title 63 of the Oklahoma
16
17 Statutes, or one of its metabolites or analogs in the person's
17
18 blood, saliva, urine, or any other bodily fluid at the time of a
18
19 test of such person's blood, saliva, urine, or any other bodily
19
20 fluid;
20
21 4. Is under the influence of any intoxicating substance other
21
22 than alcohol which may render such person incapable of safely
22
23 driving or operating a motor vehicle. The timing requirement for
23
24
24
Req. No. 2626 Page 83
1 the administration of tests pursuant to Section 756 of this title
1
2 shall not apply to this paragraph; or
2
3 5. Is under the combined influence of alcohol and any other
3
4 intoxicating substance which may render such person incapable of
4
5 safely driving or operating a motor vehicle. The timing requirement
5
6 for the administration of tests pursuant to Section 756 of this
6
7 title shall not apply to this paragraph.
7
8 B. The fact that any person charged with a violation of this
8
9 section is or has been lawfully entitled to use alcohol or a
9
10 controlled dangerous substance or any other intoxicating substance
10
11 shall not constitute a defense against any charge of violating this
11
12 section.
12
13 C. 1. Any person who is convicted of a violation of the
13
14 provisions of this section shall be guilty of a misdemeanor for the
14
15 first offense and shall:
15
16 a. participate in an assessment and evaluation pursuant
16
17 to subsection H of this section and shall follow all
17
18 recommendations made in the assessment and evaluation,
18
19 b. be punished by imprisonment in jail for not less than
19
20 ten (10) days nor more than one (1) year, and
20
21 c. be fined not more than One Thousand Dollars
21
22 ($1,000.00).
22
23 2. Any person who, having been convicted of or having received
23
24 deferred judgment for a violation of this section or a violation
24
Req. No. 2626 Page 84
1 pursuant to the provisions of any law of this state or another state
1
2 prohibiting the offenses provided in this section, Section 11-904 of
2
3 this title, or paragraph 4 of subsection A of Section 852.1 of Title
3
4 21 of the Oklahoma Statutes, or having a prior conviction in a
4
5 municipal criminal court of record for the violation of a municipal
5
6 ordinance prohibiting the offense provided for in this section,
6
7 commits a subsequent violation of this section within ten (10) years
7
8 of the date following the completion of the execution of such
8
9 sentence or deferred judgment shall, upon conviction, be guilty of a
9
10 Class C2 felony offense and shall participate in an assessment and
10
11 evaluation pursuant to subsection H of this section and shall be
11
12 sentenced to:
12
13 a. follow all recommendations made in the assessment and
13
14 evaluation for treatment at the defendant's expense,
14
15 b. use of an ignition interlock device, as provided by
15
16 subparagraph n of paragraph 1 of subsection A of
16
17 Section 991a of Title 22 of the Oklahoma Statutes,
17
18 c. imprisonment in the custody of the Department of
18
19 Corrections for not less than one (1) year and not
19
20 more than five (5) years as provided for in
20
21 subsections B through F of Section 20M of Title 21 of
21
22 the Oklahoma Statutes, and
22
23 d. a fine not more than Two Thousand Five Hundred Dollars
23
24 ($2,500.00).
24
Req. No. 2626 Page 85
1 However, if the treatment in subsection H of this section does
1
2 not include residential or inpatient treatment for a period of not
2
3 less than five (5) days, the person shall serve a term of
3
4 imprisonment of at least five (5) days.
4
5 3. Any person who commits a violation of this section after
5
6 having been convicted of a felony offense pursuant to the provisions
6
7 of this section or a violation pursuant to the provisions of any law
7
8 of this state or another state prohibiting the offenses provided for
8
9 in this section, Section 11-904 of this title, or paragraph 4 of
9
10 subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
10
11 shall be guilty of a Class B4 felony offense and participate in an
11
12 assessment and evaluation pursuant to subsection H of this section
12
13 and shall be sentenced to:
13
14 a. follow all recommendations made in the assessment and
14
15 evaluation for treatment at the defendant's expense,
15
16 b. two hundred forty (240) hours of community service,
16
17 c. use of an ignition interlock device, as provided by
17
18 subparagraph n of paragraph 1 of subsection A of
18
19 Section 991a of Title 22 of the Oklahoma Statutes,
19
20 d. imprisonment in the custody of the Department of
20
21 Corrections for not less than one (1) year and not
21
22 more than ten (10) years, and
22
23 e. a fine not more than Five Thousand Dollars
23
24 ($5,000.00).
24
Req. No. 2626 Page 86
1 However, if the treatment in subsection H of this section does
1
2 not include residential or inpatient treatment for a period of not
2
3 less than ten (10) days, the person shall serve a term of
3
4 imprisonment of at least ten (10) days.
4
5 4. Any person who commits a violation of this section after
5
6 having been twice convicted of a felony offense pursuant to the
6
7 provisions of this section or a violation pursuant to the provisions
7
8 of any law of this state or another state prohibiting the offenses
8
9 provided for in this section, Section 11-904 of this title, or
9
10 paragraph 4 of subsection A of Section 852.1 of Title 21 of the
10
11 Oklahoma Statutes shall be guilty of a Class B3 felony offense and
11
12 participate in an assessment and evaluation pursuant to subsection H
12
13 of this section and shall be sentenced to:
13
14 a. follow all recommendations made in the assessment and
14
15 evaluation for treatment at the defendant's expense,
15
16 followed by not less than one (1) year of supervision
16
17 and periodic testing, as provided in subparagraph q of
17
18 paragraph 1 of subsection A of Section 991a of Title
18
19 22 of the Oklahoma Statutes, at the defendant's
19
20 expense,
20
21 b. four hundred eighty (480) hours of community service,
21
22 c. use of an ignition interlock device, as provided by
22
23 subparagraph n of paragraph 1 of subsection A of
23
24
24
Req. No. 2626 Page 87
1 Section 991a of Title 22 of the Oklahoma Statutes, for
1
2 a minimum of ninety (90) days,
2
3 d. imprisonment in the custody of the Department of
3
4 Corrections for not less than one (1) year and not
4
5 more than twenty (20) years, and
5
6 e. a fine not more than Five Thousand Dollars
6
7 ($5,000.00).
7
8 However, if the person does not undergo residential or inpatient
8
9 treatment pursuant to subsection H of this section, the person shall
9
10 serve a term of imprisonment of at least ten (10) days.
10
11 5. Any person who, after a previous conviction of a violation
11
12 of murder in the second degree or manslaughter in the first degree
12
13 in which the death was caused as a result of driving under the
13
14 influence of alcohol or other intoxicating substance, is convicted
14
15 of a violation of this section shall be guilty of a Class A2 felony
15
16 offense and shall be punished by imprisonment in the custody of the
16
17 Department of Corrections for not less than five (5) years and not
17
18 to exceed twenty (20) years, and a fine not more than Ten Thousand
18
19 Dollars ($10,000.00).
19
20 6. Provided, however, a conviction from another state shall not
20
21 be used to enhance punishment pursuant to the provisions of this
21
22 subsection if that conviction is based on a blood or breath alcohol
22
23 concentration of less than eight-hundredths (0.08).
23
24
24
Req. No. 2626 Page 88
1 7. In any case in which a defendant is charged with driving
1
2 under the influence of alcohol or other intoxicating substance
2
3 offense within any municipality with a municipal court other than a
3
4 court of record, the charge shall be presented to the county's
4
5 district attorney and filed with the district court of the county
5
6 within which the municipality is located.
6
7 D. Any person who is convicted of a violation of driving under
7
8 the influence while also committing one of more of the following
8
9 acts:
9
10 1. Driving, operating, or being in actual physical control of a
10
11 motor vehicle while having a blood or breath alcohol concentration
11
12 of fifteen-hundredths (0.15) or more at the time of a test of such
12
13 person's blood or breath;
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14 2. Causing a motor vehicle incident involving one or more
14
15 vehicles that results in a report pursuant to Section 40-102 of this
15
16 title;
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17 3. Driving in a manner that violates the provisions of Section
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18 11-301, 11-302, 11-306, 11-309, or 11-311 of this title;
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19 4. Driving while eluding peace officers pursuant to Section
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20 540a of Title 21 of the Oklahoma Statutes;
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21 5. Driving with a speed in excess of twenty (20) miles per hour
21
22 over the speed limit or ten (10) miles per hour over the speed limit
22
23 within an active school zone;
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24
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Req. No. 2626 Page 89
1 6. Operating a motor vehicle with a passenger younger than
1
2 eighteen (18) years of age; or
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3 7. Reckless driving as defined in Section 11-901 of this title,
3
4 shall, upon conviction, be guilty of aggravated driving under the
4
5 influence, which shall be a Class B3 felony offense.
5
6 E. A person convicted of aggravated driving under the influence
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7 shall participate in an assessment and evaluation pursuant to
7
8 subsection H of this section and shall comply with all
8
9 recommendations for treatment. Such person shall be sentenced as
9
10 provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
10
11 section and to:
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12 1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of
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13 subsection C of this section, provided that:
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14 a. for a first offense of a violation pursuant to this
14
15 section, the first ten (10) days of the sentence shall
15
16 not be subject to probation, suspension, or deferral
16
17 and may be served by night or weekend incarceration
17
18 pursuant to Section 991a of Title 22 of the Oklahoma
18
19 Statutes,
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20 b. for a second offense of a violation pursuant to this
20
21 section, the first thirty (30) days of the sentence
21
22 shall not be subject to probation, suspension, or
22
23 deferral; provided further, this mandatory minimum
23
24 period of confinement shall be served in the county
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Req. No. 2626 Page 90
1 jail as a condition of a suspended or deferred
1
2 sentence, pursuant to Section 991a of Title 22 of the
2
3 Oklahoma Statutes, and
3
4 c. the portion of the sentence not subject to probation,
4
5 suspension, or deferral shall increase by thirty (30)
5
6 days for each subsequent conviction after the second
6
7 offense;
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8 2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
8
9 C of this section;
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10 3. Not less than one (1) year of supervision and periodic
10
11 testing, as provided in subparagraph q of paragraph 1 of subsection
11
12 A of Section 991a of Title 22 of the Oklahoma Statutes, at the
12
13 defendant's expense; and
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14 4. An ignition interlock device or devices, as provided by
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15 subparagraph n of paragraph 1 of subsection A of Section 991a of
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16 Title 22 of the Oklahoma Statutes, for a minimum of one hundred
16
17 eighty (180) days.
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18 F. When a person is sentenced to imprisonment in the custody of
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19 the Department of Corrections, the person shall be processed through
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20 the Lexington Assessment and Reception Center or at a place
20
21 determined by the Director of the Department of Corrections. The
21
22 Department of Corrections shall classify and assign the person to
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23 one or more of the following:
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24
24
Req. No. 2626 Page 91
1 1. The Department of Mental Health and Substance Abuse Services
1
2 pursuant to paragraph 1 of subsection A of Section 612 of Title 57
2
3 of the Oklahoma Statutes; or
3
4 2. A correctional facility operated by the Department of
4
5 Corrections with assignment to substance abuse treatment.
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6 Successful completion of a Department-of-Corrections-approved
6
7 substance abuse treatment program shall satisfy the recommendation
7
8 for a ten-hour or twenty-four-hour alcohol and drug substance abuse
8
9 course or treatment program or both. Successful completion of an
9
10 approved Department of Corrections substance abuse treatment program
10
11 may precede or follow the required assessment.
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12 G. Service Oklahoma is hereby authorized to reinstate any
12
13 suspended or revoked driving privilege when the person meets the
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14 statutory requirements which affect the existing driving privilege.
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15 H. Any person who is found guilty of a violation of the
15
16 provisions of this section shall be ordered to participate in an
16
17 alcohol and drug substance abuse evaluation and assessment program
17
18 offered by a certified assessment agency or certified assessor for
18
19 the purpose of evaluating and assessing the receptivity to treatment
19
20 and prognosis of the person and shall follow all recommendations
20
21 made in the assessment and evaluation for treatment. The court
21
22 shall order the person to reimburse the agency or assessor for the
22
23 evaluation and assessment. Payment shall be remitted by the
23
24 defendant or on behalf of the defendant by any third party, provided
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Req. No. 2626 Page 92
1 no state-appropriated funds are utilized. The fee for an evaluation
1
2 and assessment shall be the amount provided in subsection C of
2
3 Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
3
4 and assessment shall be conducted at a certified assessment agency,
4
5 the office of a certified assessor, or at another location as
5
6 ordered by the court. The agency or assessor shall, within seventy-
6
7 two (72) hours from the time the person is evaluated and assessed,
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8 submit a written report to the court for the purpose of assisting
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9 the court in its sentencing determination. The court shall, as a
9
10 condition of any sentence imposed, including deferred and suspended
10
11 sentences, require the person to participate in and successfully
11
12 complete all recommendations from the evaluation, such as an alcohol
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13 and substance abuse treatment program pursuant to Section 3-452 of
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14 Title 43A of the Oklahoma Statutes. If such report indicates that
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15 the evaluation and assessment shows that the defendant would benefit
15
16 from a ten-hour or twenty-four-hour alcohol and drug substance abuse
16
17 course or a treatment program or both, the court shall, as a
17
18 condition of any sentence imposed, including deferred and suspended
18
19 sentences, require the person to follow all recommendations
19
20 identified by the evaluation and assessment and ordered by the
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21 court. No person, agency, or facility operating an evaluation and
21
22 assessment program certified by the Department of Mental Health and
22
23 Substance Abuse Services shall solicit or refer any person evaluated
23
24 and assessed pursuant to this section for any treatment program or
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Req. No. 2626 Page 93
1 substance abuse service in which such person, agency, or facility
1
2 has a vested interest; however, this provision shall not be
2
3 construed to prohibit the court from ordering participation in or
3
4 any person from voluntarily utilizing a treatment program or
4
5 substance abuse service offered by such person, agency, or facility.
5
6 If a person is sentenced to imprisonment in the custody of the
6
7 Department of Corrections and the court has received a written
7
8 evaluation report pursuant to the provisions of this subsection, the
8
9 report shall be furnished to the Department of Corrections with the
9
10 judgment and sentence. Any evaluation and assessment report
10
11 submitted to the court pursuant to the provisions of this subsection
11
12 shall be handled in a manner which will keep such report
12
13 confidential from the general public's review. Nothing contained in
13
14 this subsection shall be construed to prohibit the court from
14
15 ordering judgment and sentence in the event the defendant fails or
15
16 refuses to comply with an order of the court to obtain the
16
17 evaluation and assessment required by this subsection. If the
17
18 defendant fails or refuses to comply with an order of the court to
18
19 obtain the evaluation and assessment, Service Oklahoma shall not
19
20 reinstate driving privileges until the defendant has complied in
20
21 full with such order. Nothing contained in this subsection shall be
21
22 construed to prohibit the court from ordering judgment and sentence
22
23 and any other sanction authorized by law for failure or refusal to
23
24 comply with an order of the court.
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Req. No. 2626 Page 94
1 I. Any person who is found guilty of a violation of the
1
2 provisions of this section shall be required by the court to attend
2
3 a victims impact panel program, as defined in subsection H of
3
4 Section 991a of Title 22 of the Oklahoma Statutes, if such a program
4
5 is offered in the county where the judgment is rendered, and to pay
5
6 a fee of Seventy-five Dollars ($75.00), as set by the governing
6
7 authority of the program and approved by the court, to the program
7
8 to offset the cost of participation by the defendant, if in the
8
9 opinion of the court the defendant has the ability to pay such fee.
9
10 J. Any person who is found guilty of a felony violation of the
10
11 provisions of this section shall be required to submit to electronic
11
12 monitoring as authorized and defined by Section 991a of Title 22 of
12
13 the Oklahoma Statutes.
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14 K. Any person who is found guilty of a violation of the
14
15 provisions of this section who has been sentenced by the court to
15
16 perform any type of community service shall not be permitted to pay
16
17 a fine in lieu of performing the community service.
17
18 L. When a person is found guilty of a violation of the
18
19 provisions of this section, the court shall order, in addition to
19
20 any other penalty, the defendant to pay an assessment of One Hundred
20
21 Dollars ($100.00) to be deposited in the Drug Abuse Education and
21
22 Treatment Revolving Fund created in Section 2-503.2 of Title 63 of
22
23 the Oklahoma Statutes, upon collection.
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24
24
Req. No. 2626 Page 95
1 M. 1. When a person is eighteen (18) years of age or older,
1
2 and is the driver, operator, or person in physical control of a
2
3 vehicle, and is convicted of violating any provision of this section
3
4 while transporting or having in the motor vehicle any child less
4
5 than eighteen (18) years of age, the fine shall be enhanced to
5
6 double the amount of the fine imposed for the underlying driving
6
7 under the influence (DUI) violation which shall be in addition to
7
8 any other penalties allowed by this section.
8
9 2. Nothing in this subsection shall prohibit the prosecution of
9
10 a person pursuant to Section 852.1 of Title 21 of the Oklahoma
10
11 Statutes who is in violation of any provision of this section or
11
12 Section 11-904 of this title.
12
13 N. M. Any plea of guilty, nolo contendere, or finding of guilt
13
14 for a violation of this section or a violation pursuant to the
14
15 provisions of any law of this state or another state prohibiting the
15
16 offenses provided for in this section, Section 11-904 of this title,
16
17 or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
17
18 Oklahoma Statutes shall constitute a conviction of the offense for
18
19 the purpose of this section; provided, any deferred judgment shall
19
20 only be considered to constitute a conviction for a period of ten
20
21 (10) years following the completion of any court-imposed
21
22 probationary term.
22
23 O. N. If qualified by knowledge, skill, experience, training,
23
24 or education, a witness shall be allowed to testify in the form of
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Req. No. 2626 Page 96
1 an opinion or otherwise solely on the issue of impairment, but not
1
2 on the issue of specific alcohol concentration level, relating to
2
3 the following:
3
4 1. The results of any standardized field sobriety test
4
5 including, but not limited to, the horizontal gaze nystagmus (HGN)
5
6 test administered by a person who has completed training in
6
7 standardized field sobriety testing; or
7
8 2. Whether a person was under the influence of one or more
8
9 impairing substances and the category of such impairing substance or
9
10 substances. A witness who has received training and holds a current
10
11 certification as a drug recognition expert shall be qualified to
11
12 give the testimony in any case in which such testimony may be
12
13 relevant.
13
14 SECTION 62. REPEALER 47 O.S. 2021, Section 11-902, as
14
15 amended by Section 3, Chapter 172, O.S.L. 2025 (47 O.S. Supp. 2025,
15
16 Section 11-902), is hereby repealed.
16
17 SECTION 63. REPEALER 47 O.S. 2021, Section 11-902, as
17
18 amended by Section 6, Chapter 305, O.S.L. 2025 (47 O.S. Supp. 2025,
18
19 Section 11-902), is hereby repealed.
19
20 SECTION 64. REPEALER 47 O.S. 2021, Section 11-902, as
20
21 amended by Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025,
21
22 Section 11-902), is hereby repealed.
22
23 SECTION 65. It being immediately necessary for the preservation
23
24 of the public peace, health or safety, an emergency is hereby
24
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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Req. No. 2626 Page 98Every fact on this page links to its source, starting with the official bill record.