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Oklahoma Legislature· SB 828Second Reading referred to Judiciary

An act relating to criminal procedure, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                  STATE OF OKLAHOMA

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2                  1st Session of the 60th Legislature (2025)

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3 SENATE BILL 828              By: Jett
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6                  AS INTRODUCED

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7   An Act relating to criminal procedure; amending 22

7   O.S. 2021, Section 152, as last amended by Section 1,

8   Chapter 338, O.S.L. 2024 (22 O.S. Supp. 2024, Section

8   152), which relates to statute of limitations;

9   increasing time for which certain prosecutions may be

9   commenced; and providing an effective date.

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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13  SECTION 1.     AMENDATORY  22 O.S. 2021, Section 152, as last

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14 amended by Section 1, Chapter 338, O.S.L. 2024 (22 O.S. Supp. 2024,
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15 Section 152), is amended to read as follows:
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16  Section 152. A. Prosecutions for the crimes of bribery,

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17 embezzlement of public money, bonds, securities, assets or property
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18 of the state or any county, school district, municipality or other
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19 subdivision thereof, or of any misappropriation of public money,
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20 bonds, securities, assets or property of the state or any county,
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21 school district, municipality or other subdivision thereof,
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22 falsification of public records of the state or any county, school
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23 district, municipality or other subdivision thereof, and conspiracy
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24 to defraud the State of Oklahoma or any county, school district,
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    Req. No. 1562                                               Page 1
1 municipality or other subdivision thereof in any manner or for any
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2 purpose shall be commenced within seven (7) years after the
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3 discovery of the crime; provided, however, prosecutions for the
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4 crimes of embezzlement or misappropriation of public money, bonds,
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5 securities, assets or property of any school district, including
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6 those relating to student activity funds, or the crime of
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7 falsification of public records of any independent school district,
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8 the crime of criminal conspiracy, the crime of embezzlement pursuant
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9 to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
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10 the crime of False Personation or Identity Theft pursuant to
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11 Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
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12 the financial exploitation of a vulnerable adult pursuant to
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13 Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
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14 Statutes, or Medicaid fraud pursuant to Section 1005 of Title 56 of
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15 the Oklahoma Statutes, shall be commenced within five (5) years
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16 after the discovery of the crime.
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17  B. Prosecutions for criminal violations of any state income tax

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18 laws shall be commenced within five (5) years after the commission
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19 of such violation.
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20  C. 1. Prosecutions for sexual crimes against children,

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21 specifically rape or forcible sodomy, sodomy, lewd or indecent
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22 proposals or acts against children, involving minors in pornography
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23 pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,
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24 1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
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    Req. No. 1562                                               Page 2
1 abuse pursuant to Section 843.5 of Title 21 of the Oklahoma
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2 Statutes, sexual abuse of a vulnerable adult pursuant to Section
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3 843.1 of Title 21 of the Oklahoma Statutes, child trafficking
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4 pursuant to Section 866 of Title 21 of the Oklahoma Statutes, and
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5 nonconsensual dissemination of private sexual images pursuant to
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6 Section 1040.13b of Title 21 of the Oklahoma Statutes shall may be
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7 commenced by the forty-fifth birthday of the alleged victim at any
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8 time. Prosecutions for such crimes committed against victims
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9 eighteen (18) years of age or older shall may be commenced within
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10 twenty (20) years after the discovery of the crime. As used in this
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11 paragraph, "discovery" means the date that a physical or sexually
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12 related crime involving a victim eighteen (18) years of age or older
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13 is reported to a law enforcement agency. Any offense for which the
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14 prosecution is not time-barred upon the effective date of this act
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15 shall be retroactively subject to the provisions of this subsection
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16 at any time.
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17  2. However, prosecutions Prosecutions for the crimes listed in

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18 paragraph 1 of this subsection may be commenced at any time after
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19 the commission of the offense if:
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20  a. physical evidence is collected and preserved that is

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21                 capable of being tested to obtain a profile from

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22                 deoxyribonucleic acid (DNA), and

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23  b. probable cause as to the identity of the offender is

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24                 subsequently established through the use of a DNA

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    Req. No. 1562                                              Page 3
1                  profile using evidence listed in subparagraph a of

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2                  this paragraph, or

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3           c. the accused person has provided a confession or

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4                  admission related to the crime.

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5   3. No prosecution under this subsection shall be based upon the

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6 memory of the victim that has been recovered through psychotherapy
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7 unless there is some evidence independent of such repressed memory.
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8   4. Any person who knowingly and willfully makes a false claim

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9 pursuant to this subsection or a claim that the person knows lacks
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10 factual foundation may be reported to local law enforcement for
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11 criminal investigation and, upon conviction, shall be guilty of a
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12 felony.
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13  D. Prosecutions for criminal violations of any provision of the

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14 Oklahoma Wildlife Conservation Code shall be commenced within three
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15 (3) years after the commission of such offense.
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16  E. Prosecutions for the crime of criminal fraud or workers'

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17 compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
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18 of Title 21 of the Oklahoma Statutes shall commence within three (3)
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19 years after the discovery of the crime, but in no event greater than
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20 seven (7) years after the commission of the crime.
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21  F. Prosecution for the crime of false or bogus check pursuant

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22 to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the
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23 Oklahoma Statutes shall be commenced within five (5) years after the
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24 commission of such offense.
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    Req. No. 1562                                      Page 4
1   G. Prosecution for the crime of solicitation for murder in the

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2 first degree pursuant to Section 701.16 of Title 21 of the Oklahoma
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3 Statutes shall be commenced within seven (7) years after the
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4 discovery of the crime. For purposes of this subsection,
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5 "discovery" means the date upon which the crime is made known to
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6 anyone other than a person involved in the solicitation.
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7   H. In all other cases a prosecution for a public offense must

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8 be commenced within three (3) years after its commission.
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9   I. Prosecution for the crime of accessory after the fact must

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10 be commenced within the same statute of limitations as that of the
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11 felony for which the person acted as an accessory.
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12  J. Prosecution for the crime of arson pursuant to Section 1401,

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13 1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
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14 be commenced within seven (7) years after the commission of the
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15 crime.
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16  K. Prosecutions for criminal violations in which a deadly

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17 weapon is used to commit a felony or prosecutions for criminal
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18 violations in which a deadly weapon is used in an attempt to commit
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19 a felony shall be commenced within seven (7) years after the
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20 commission of the crime.
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21  L. Prosecutions for the crime of human trafficking pursuant to

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22 Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
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23 within three (3) years after discovery of the crime. For purposes
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    Req. No. 1562                                            Page 5
1 of this subsection, "discovery" means the date upon which the crime
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2 is reported to a law enforcement agency.
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3   SECTION 2. This act shall become effective November 1, 2025.

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    Req. No. 1562                             Page 6
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