1| STATE OF OKLAHOMA |
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2| 2nd Session of the 60th Legislature (2026) |
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3|HOUSE BILL 3766 By: Turner |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to driving under the influence; |
| amending Section 8, Chapter 366, O.S.L. 2024 (21 O.S. |
8| Supp. 2025, Section 20H), which relates to Class B3 |
| offenses; updating statutory references; amending |
9| Section 9, Chapter 366, O.S.L. 2024, as amended by |
| Section 3, Chapter 187, O.S.L. 2025 (21 O.S. Supp. |
10| 2025, Section 20I), which relates to Class B4 |
| offenses; updating statutory references; amending |
11| Section 13, Chapter 366, O.S.L. 2024, as amended by |
| Section 6, Chapter 187, O.S.L. 2025 (21 O.S. Supp. |
12| 2025, Section 20M), which relates to Class C2 |
| offenses; updating statutory references; amending 47 |
13| O.S. 2021, Section 6-205, as amended by Section 10, |
| Chapter 11, O.S.L. 2024 (47 O.S. Supp. 2025, Section |
14| 6-205), which relates to mandatory revocation of |
| driving privileges; updating statutory references; |
15| amending 47 O.S. 2021, Section 11-902, as amended by |
| Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. |
16| 2025, Section 11-902), which relates to persons under |
| the influence of alcohol or other intoxicating |
17| substance; setting requirements for driving under the |
| influence of a controlled substance; stating the |
18| presence of certain metabolites shall not constitute |
| a per se violation; defining terms; setting standards |
19| for the concentration of certain substances in the |
| body; authorizing the Oklahoma Board of Tests for |
20| Alcohol and Drug Influence to promulgate certain |
| rules; authorizing the presentation of certain |
21| evidence; authorizing the use of independent evidence |
| for prosecution; requiring chemical test make certain |
22| specifications; granting right to use independent |
| testing; updating statutory references; amending 47 |
23| O.S. 2021, Section 11-904, as amended by Section 65, |
| Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025, Section |
24| 11-904), which relates to persons involved in an |
| injury accident under the influence; updating |
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1| statutory references; amending 47 O.S. 2021, Section |
| 11-906.4, which relates to driving under the |
2| influence while underage; updating statutory |
| references; and providing an effective date. |
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4| |
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6| |
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7|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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8| SECTION 1. AMENDATORY Section 8, Chapter 366, O.S.L. |
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9|2024 (21 O.S. Supp. 2025, Section 20H), is amended to read as |
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10|follows: |
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11| Section 20H. A. Upon the effective date of this act, Class B3 |
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12|shall include the following criminal offenses: |
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13| 1. Embezzlement of state property by a public officer of the |
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14|state or any county, city, town, or member or officer of the |
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15|Legislature, deputy, or clerk, as provided for in Section 341 of |
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16|Title 21 of the Oklahoma Statutes this title; |
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17| 2. Burning, destroying, or injuring any public building, as |
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18|provided for in Section 349 of Title 21 of Title 21 of the Oklahoma |
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19|Statutes this title; |
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20| 3. Resisting or aiding in resisting the execution of process, |
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21|as provided for in Section 539 of Title 21 of the Oklahoma Statutes |
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22|this title; |
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23| |
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24| |
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1| 4. Domestic abuse with a prior pattern of physical abuse, as |
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2|provided for in Section 644.1 of Title 21 of the Oklahoma Statutes |
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3|this title; |
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4| 5. Assault, battery, or assault and battery upon an intimate |
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5|partner or a family or household member with any sharp or dangerous |
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6|weapon, as provided for in paragraph 1 of subsection D of Section |
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7|644 of Title 21 of the Oklahoma Statutes this title; |
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8| 6. Assault and battery against a current or former intimate |
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9|partner or a family or household member that results in great bodily |
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10|injury to the victim, as provided for in subsection F of Section 644 |
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11|of Title 21 of the Oklahoma Statutes this title; |
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12| 7. Second or subsequent conviction for assault and battery by |
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13|strangulation or attempted strangulation against an intimate partner |
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14|or a family or household member, as provided for in subsection J of |
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15|Section 644 of Title 21 of the Oklahoma Statutes this title; |
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16| 8. Second or subsequent conviction for committing or attempting |
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17|to commit a felony while wearing body armor, as provided for in |
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18|Section 1289.26 of Title 21 of the Oklahoma Statutes this title; |
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19| 9. Riotous assembly for the purpose of resisting the execution |
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20|of any statute or obstructing any public officer, as provided for in |
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21|paragraph 2 of Section 1312 Title 21 of the Oklahoma Statutes this |
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22|title; |
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23| 10. Carrying at the time of a riot any firearm or other deadly |
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24|weapon or being disguised while participating in a riot, as provided |
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1|for in paragraph 3 of Section 1312 of Title 21 of the Oklahoma |
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2|Statutes this title; |
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3| 11. Directing, advising, encouraging, or soliciting other |
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4|persons to use force or violence while participating in a riot, as |
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5|provided for in paragraph 4 of Section 1312 of Title 21 of the |
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6|Oklahoma Statutes this title; |
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7| 12. Arson with the intent to injure or defraud the insurer, as |
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8|provided for in subsection B of Section 1403 of Title 21 of the |
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9|Oklahoma Statutes this title; |
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10| 13. Forgery in the first degree, as provided for in Section |
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11|1561 of Title 21 of the Oklahoma Statutes this title; |
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12| 14. Forgery of stock certificates or securities, as provided |
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13|for in Section 1562 of Title 21 of the Oklahoma Statutes this title; |
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14| 15. Fraudulently uttering one's signature on any instrument as |
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15|that of another with the same name, as provided for in Section 1622 |
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16|of Title 21 of the Oklahoma Statutes this title; |
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17| 16. Fraudulently uttering one's endorsement on any negotiable |
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18|instrument as that of another with the same name, as provided for in |
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19|Section 1623 of Title 21 of the Oklahoma Statutes this title; |
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20| 17. Total or partial erasure or obliteration of any instrument |
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21|or writing with intent to defraud, as provided for in Section 1624 |
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22|of Title 21 of the Oklahoma Statutes this title; |
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23| |
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24| |
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1| 18. Signing fictitious name as an officer or agent of a |
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2|corporation, as provided for in Section 1626 of Title 21 of the |
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3|Oklahoma Statutes this title; |
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4| 19. Procuring, soliciting, selling, or receiving more than ten |
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5|(10) telephone records by fraudulent, deceptive, or false means, as |
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6|provided for in paragraph 3 of subsection B of Section 1742.2 of |
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7|Title 21 of the Oklahoma Statutes this title; |
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8| 20. Violating the Viatical Settlements Act of 2008, as provided |
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9|for in paragraph 1 of subsection F of Section 4055.14 of Title 36 of |
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10|the Oklahoma Statutes; |
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11| 21. Third or subsequent conviction of driving under the |
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12|influence of alcohol or other intoxicating substance, as provided |
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13|for in paragraph 4 of subsection C H of Section 11-902 of Title 47 |
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14|of the Oklahoma Statutes; |
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15| 22. Driving under the influence with a blood or breath alcohol |
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16|concentration of fifteen-hundredths (0.15) or more, as provided for |
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17|in subsection D I of Section 11-902 of Title 47 of the Oklahoma |
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18|Statutes; |
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19| 23. Injuring, destroying, or attempting to injure or destroy |
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20|any hazardous liquid transportation system, as provided for in |
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21|Section 47.6 of Title 52 of the Oklahoma Statutes; |
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22| 24. Bringing into or having in his or her possession in any |
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23|jail, state penal institution, or other place where prisoners are |
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24|located, any gun, knife, bomb, other dangerous instrument, |
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1|controlled dangerous substance, alcoholic beverage, money, or |
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2|financial documents, as provided for in subsection A of Section 21 |
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3|of Title 57 of the Oklahoma Statutes; |
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4| 25. Purchasing or attempting to purchase, receive, or otherwise |
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5|acquire any product, mixture, or preparation containing any |
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6|detectable quantity of base pseudoephedrine or ephedrine after a |
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7|conviction of manufacturing or attempting to manufacture |
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8|methamphetamine, as provided for in paragraph 5 of subsection G of |
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9|Section 2-401 of Title 63 of the Oklahoma Statutes; |
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10| 26. Distributing, other than by dispensing, a Schedule I or |
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11|Schedule II controlled dangerous substance, in the course of |
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12|legitimate business, as provided for in paragraph 1 of subsection A |
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13|of Section 2-406 of Title 63 of the Oklahoma Statutes; |
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14| 27. Using a fictitious, revoked, suspended, or fraudulent |
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15|registration number in the course of manufacturing or distributing a |
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16|controlled dangerous substance, as provided for in paragraph 2 of |
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17|subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes; |
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18| 28. Furnishing false or fraudulent material information in, or |
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19|omitting any material information from, any application, report, or |
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20|document required by the Uniform Controlled Dangerous Substances |
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21|Act, as provided for in paragraph 4 of subsection A of Section 2-406 |
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22|of Title 63 of the Oklahoma Statutes; |
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23| 29. Making, distributing, or possessing any punch, die, plate, |
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24|stone, or other thing designed to print, imprint, or reproduce the |
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1|trademark, trade name, or other identifying mark, upon any drug, |
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2|container, or labeling, as provided for in paragraph 5 of subsection |
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3|A of Section 2-406 of Title 63 of the Oklahoma Statutes; |
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4| 30. Trafficking twenty-five (25) pounds or more of marijuana, |
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5|as provided for in subparagraph a of paragraph 1 of subsection C of |
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6|Section 2-415 of Title 63 of the Oklahoma Statutes; |
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7| 31. Trafficking twenty-eight (28) grams or more of cocaine, |
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8|coca leaves, or cocaine base, as provided for in subparagraph a of |
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9|paragraph 2 of subsection C of Section 2-415 of Title 63 of the |
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10|Oklahoma Statutes; |
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11| 32. Trafficking three hundred (300) grams or more of cocaine, |
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12|coca leaves, or cocaine base, as provided for in subparagraph b of |
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13|paragraph 2 of subsection C of Section 2-415 of Title 63 of the |
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14|Oklahoma Statutes; |
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15| 33. Trafficking ten (10) grams or more of heroin, as provided |
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16|for in subparagraph a of paragraph 3 of subsection C of Section |
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17|2-415 of Title 63 of the Oklahoma Statutes; |
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18| 34. Trafficking twenty (20) grams or more of amphetamine or |
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19|methamphetamine, as provided for in subparagraph a of paragraph 4 of |
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20|subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; |
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21| 35. Trafficking two hundred (200) grams or more of amphetamine |
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22|or methamphetamine, as provided for in subparagraph b of paragraph 4 |
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23|of subsection C of Section 2-415 of Title 63 of the Oklahoma |
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24|Statutes; |
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1| 36. Trafficking one (1) gram or more of lysergic acid |
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2|diethylamide (LSD), as provided for in subparagraph a of paragraph 5 |
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3|of subsection C of Section 2-415 of Title 63 of the Oklahoma |
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4|Statutes; |
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5| 37. Trafficking twenty (20) grams or more of phencyclidine |
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6|(PCP), as provided for in subparagraph a of paragraph 6 of |
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7|subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; |
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8| 38. Trafficking thirty (30) tablets or ten (10) grams of |
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9|3,4-Methylenedioxy methamphetamine, as provided for in subparagraph |
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10|a of paragraph 7 of subsection C of Section 2-415 of Title 63 of the |
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11|Oklahoma Statutes; |
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12| 39. Aggravated trafficking one hundred (100) tablets or thirty |
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13|(30) grams of 3,4-Methylenedioxy methamphetamine, as provided for in |
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14|subparagraph b of paragraph 7 of subsection C of Section 2-415 of |
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15|Title 63 of the Oklahoma Statutes; |
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16| 40. Trafficking one thousand (1,000) grams or more of morphine, |
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17|as provided for in paragraph 8 of subsection C of Section 2-415 of |
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18|Title 63 of the Oklahoma Statutes; |
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19| 41. Trafficking four hundred (400) grams or more of oxycodone, |
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20|as provided for in paragraph 9 of subsection C of Section 2-415 of |
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21|Title 63 of the Oklahoma Statutes; |
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22| 42. Trafficking three thousand seven hundred fifty (3,750) |
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23|grams or more of hydrocodone, as provided for in paragraph 10 of |
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24|subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; |
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1| 43. Trafficking five hundred (500) grams or more of |
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2|benzodiazepine, as provided for in paragraph 11 of subsection C of |
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3|Section 2-415 of Title 63 of the Oklahoma Statutes; |
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4| 44. Trafficking one (1) gram or more of fentanyl or |
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5|carfentanyl, as provided for in subparagraph a of paragraph 12 of |
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6|subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; |
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7| 45. Employing, hiring, or using an individual under fifteen |
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8|(15) years of age to unlawfully transport, carry, sell, give away, |
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9|prepare for sale, or peddle any controlled dangerous substance, as |
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10|provided for in subsection D of Section 2-419.1 of Title 63 of the |
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11|Oklahoma Statutes; |
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12| 46. Second or subsequent conviction for violating the Vessel |
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13|and Motor Chop Shop, Stolen and Altered Property Act, as provided |
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14|for in subsection J of Section 4253 of Title 63 of the Oklahoma |
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15|Statutes; and |
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16| 47. Third or subsequent conviction for violating the Vessel and |
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17|Motor Chop Shop, Stolen and Altered Property Act, as provided for in |
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18|subsection J of Section 4253 of Title 63 of the Oklahoma Statutes. |
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19| B. Any person convicted of a Class B3 criminal offense set |
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20|forth in this section shall be punished in accordance with the |
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21|corresponding penalties provided for in the Oklahoma Statutes. |
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22| SECTION 2. AMENDATORY Section 9, Chapter 366, O.S.L. |
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23|2024, as amended by Section 3, Chapter 187, O.S.L. 2025 (21 O.S. |
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24|Supp. 2025, Section 20I), is amended to read as follows: |
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1| Section 20I. A. Upon the effective date of this act, Class B4 |
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2|shall include the following criminal offenses: |
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3| 1. Concealing the birth or death of a child, as provided for in |
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4|Section 53 of Title 21 of the Oklahoma Statutes this title; |
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5| 2. Assault, battery, or assault and battery with a sharp or |
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6|dangerous weapon, as provided for in Section 645 of Title 21 of the |
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7|Oklahoma Statutes this title; |
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8| 3. Robbery in the second degree, as provided for in Section 799 |
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9|of Title 21 of the Oklahoma Statutes this title; |
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10| 4. Neglecting a vulnerable adult, as provided for in subsection |
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11|A of Section 843.3 of Title 21 of the Oklahoma Statutes this title; |
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12| 5. Malicious harassment of another person based on that |
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13|person's race, color, religion, ancestry, national origin, or |
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14|disability, as provided for in Section 850 of Title 21 of the |
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15|Oklahoma Statutes this title; |
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16| 6. Abandonment of a child under ten (10) years of age, as |
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17|provided for in Section 851 of Title 21 of the Oklahoma Statutes |
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18|this title; |
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19| 7. Abandonment of a wife or child under fifteen (15) years of |
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20|age, as provided for in Section 853 of Title 21 of the Oklahoma |
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21|Statutes this title; |
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22| 8. Second or subsequent conviction for causing, aiding, |
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23|abetting, encouraging, soliciting, or recruiting a minor to |
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24|participate, join, or associate with a criminal street gang, as |
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1|provided for in subsection E of Section 856 of Title 21 of the |
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2|Oklahoma Statutes this title; |
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3| 9. Incest, as provided for in Section 885 of Title 21 of the |
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4|Oklahoma Statutes this title; |
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5| 10. Crime against nature, as provided for in Section 886 of |
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6|Title 21 of the Oklahoma Statutes this title; |
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7| 11. Taking or enticing away any child under sixteen (16) years |
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8|of age with the intent to detain or conceal such child, as provided |
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9|for in Section 891 of Title 21 of the Oklahoma Statutes this title; |
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10| 12. Indecent exposure, as provided for in paragraph 1 of |
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11|subsection A of Section 1021 of Title 21 of the Oklahoma Statutes |
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12|this title; |
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13| 13. Procuring, counseling, or assisting another to commit an |
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14|act of indecent exposure, as provided for in paragraph 2 of |
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15|subsection A of Section 1021 of Title 21 of the Oklahoma Statutes |
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16|this title; |
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17| 14. Preparing, publishing, selling, distributing, downloading |
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18|on a computer, or exhibiting obscene material or child pornography, |
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19|as provided for in paragraph 3 of subsection A of Section 1021 of |
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20|Title 21 of the Oklahoma Statutes this title; |
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21| 15. Preparing, selling, giving, loaning, distributing, or |
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22|exhibiting any type of obscene material or child pornography, as |
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23|provided for in paragraph 4 of subsection A of Section 1021 of Title |
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24|21 of the Oklahoma Statutes this title; |
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1| 16. Operating, owning, or maintaining a house of prostitution, |
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2|soliciting, enticing, or procuring another for prostitution, or |
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3|transporting or assisting in the transport of another for |
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4|prostitution purposes, as provided for in Section 1028 of Title 21 |
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5|of the Oklahoma Statutes this title; |
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6| 17. Engaging in prostitution or soliciting, inducing, enticing, |
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7|or procuring another to commit an act of prostitution, as provided |
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8|for in subsection A of Section 1029 of Title 21 of the Oklahoma |
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9|Statutes this title; |
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10| 18. Purchasing, selling, or distributing obscene material or |
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11|child pornography, as provided for in Section 1040.13 Title 21 of |
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12|the Oklahoma Statutes this title; |
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13| 19. Encouraging, offering, or soliciting sexual conduct with a |
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14|minor by use of technology, as provided for in Section 1040.13a of |
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15|Title 21 of the Oklahoma Statutes this title; |
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16| 20. Promoting a pyramid promotional scheme, as provided for in |
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17|Section 1073 of Title 21 of the Oklahoma Statutes this title; |
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18| 21. Second or subsequent offense of permitting prostitution in |
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19|any house, building, room, or premises under the control of such |
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20|person, as provided for in Section 1086 of Title 21 of the Oklahoma |
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21|Statutes this title; |
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22| 22. Offering or offering to secure a child under eighteen (18) |
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23|years of age for the purpose of prostitution, as provided for in |
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24| |
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1|paragraph 1 of subsection A of Section 1087 of Title 21 of the |
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2|Oklahoma Statutes this title; |
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3| 23. Knowingly permitting the prostitution of a child under |
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4|eighteen (18) years of age by an owner, proprietor, manager, |
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5|conductor, or other person in any house, place, building, room, or |
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6|other premises under the control of such person, as provided for in |
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7|paragraph 2 of subsection B of Section 1087 of Title 21 of the |
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8|Oklahoma Statutes this title; |
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9| 24. Taking a woman against her will to compel her by force or |
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10|duress to marry another, as provided for in Section 1118 of Title 21 |
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11|of the Oklahoma Statutes this title; |
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12| 25. Abduction of a child under fifteen (15) years of age for |
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13|the purpose of marriage, concubinage, or any crime involving moral |
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14|turpitude, as provided for in Section 1119 of Title 21 of the |
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15|Oklahoma Statutes this title; |
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16| 26. Sexual battery, as provided for in subsection B of Section |
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17|1123 of Title 21 of the Oklahoma Statutes this title; |
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18| 27. Indecent acts with a human corpse, as provided for in |
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19|subsection C of Section 1123 of Title 21 of the Oklahoma Statutes |
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20|this title; |
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21| 28. Desecration of a human corpse, as provided for in Section |
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22|1161.1 of Title 21 of the Oklahoma Statutes this title; |
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23| |
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24| |
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1| 29. Stalking within ten (10) years of a prior conviction for |
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2|stalking, as provided for in subsection D of Section 1173 of Title |
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3|21 of the Oklahoma Statutes this title; |
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4| 30. Interfering with, molesting, or assaulting firefighters in |
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5|the performance of their duties, as provided for in Section 1217 of |
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6|Title 21 of the Oklahoma Statutes this title; |
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7| 31. Concealment of hazardous waste, as provided for in Section |
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8|1230.7 of Title 21 of the Oklahoma Statutes this title; |
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9| 32. Criminal syndicalism, as provided for in Section 1261 of |
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10|Title 21 of the Oklahoma Statutes this title; |
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11| 33. Sabotage, as provided for in Section 1262 of Title 21 of |
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12|the Oklahoma Statutes this title; |
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13| 34. Advocating or teaching criminal syndicalism or sabotage, as |
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14|provided for in Section 1263 of Title 21 of the Oklahoma Statutes |
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15|this title; |
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16| 35. Destroying, interfering, hindering, or tampering with real |
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17|or personal property with intent to hinder, delay, or interfere with |
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18|preparations for defense or for war, as provided for in Section |
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19|1265.2 of Title 21 of the Oklahoma Statutes this title; |
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20| 36. Make or cause defects with any article or thing with |
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21|reasonable grounds to believe such article or thing will be used for |
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22|defense or for war, as provided for in Section 1265.3 of Title 21 of |
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23|the Oklahoma Statutes this title; |
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24| |
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1| 37. Conspiracy to commit crimes provided in the Sabotage |
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2|Prevention Act, as provided for in Section 1265.5 of Title 21 of the |
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3|Oklahoma Statutes this title; |
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4| 38. Terrorism hoax, as provided for in Section 1268.4 of Title |
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5|21 of the Oklahoma Statutes this title; |
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6| 39. Engaging in terrorist activity by manufacturing, sending, |
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7|delivering, or possessing any toxic, noxious, or lethal substances, |
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8|chemical, biological, or nuclear materials, as provided for in |
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9|Section 1268.6 of Title 21 of the Oklahoma Statutes this title; |
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10| 40. Conducting or attempting to conduct financial transactions |
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11|involving property related to terrorism, as provided for in Section |
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12|1268.7 of Title 21 of the Oklahoma Statutes this title; |
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13| 41. Using a money services business or an electronic funds |
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14|transfer in violation of the Oklahoma Antiterrorism Act, as provided |
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15|for in Section 1268.8 of Title 21 of the Oklahoma Statutes this |
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16|title; |
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17| 42. Possession of a firearm by a convicted felon, as provided |
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18|for in subsection A of Section 1283 of Title 21 of the Oklahoma |
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19|Statutes this title; |
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20| 43. Possession of a firearm by a person serving a term of |
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21|probation for a felony or who is subject to supervision, probation, |
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22|parole, or inmate status, as provided for in subsection C of Section |
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23|1283 of Title 21 of the Oklahoma Statutes this title; |
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24| |
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1| 44. Possession of a firearm by a person previously adjudicated |
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2|as a delinquent child or youthful offender, as provided for in |
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3|subsection D of Section 1283 of Title 21 of the Oklahoma Statutes |
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4|this title; |
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5| 45. Possession of a firearm by a person who is an alien |
| |
6|illegally or unlawfully in the United States, as provided for in |
| |
7|subsection E of Section 1283 of Title 21 of the Oklahoma Statutes |
| |
8|this title; |
| |
9| 46. Allowing a convicted felon, adjudicated delinquent, or |
| |
10|youthful offender to possess a pistol authorized for use under the |
| |
11|Oklahoma Self-Defense Act by a person who has a handgun license, as |
| |
12|provided for in subsection F of Section 1283 of Title 21 of the |
| |
13|Oklahoma Statutes this title; |
| |
14| 47. Use of a firearm or other offensive weapon while committing |
| |
15|a felony, as provided for in Section 1287 of Title 21 of the |
| |
16|Oklahoma Statutes this title; |
| |
17| 48. Pointing a firearm, as provided for in Section 1289.16 of |
| |
18|Title 21 of the Oklahoma Statutes this title; |
| |
19| 49. Manufacturing, importing, or selling restricted bullets, as |
| |
20|provided for in Section 1289.20 of Title 21 of the Oklahoma Statutes |
| |
21|this title; |
| |
22| 50. Possessing, carrying, or using or attempting to use against |
| |
23|another person any restricted bullets, as provided for in Section |
| |
24|1289.21 of Title 21 of the Oklahoma Statutes this title; |
| |
Req. No. 15314 Page 16
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1| 51. Committing a felony while wearing body armor, as provided |
| |
2|for in Section 1289.26 Title 21 of the Oklahoma Statutes this title; |
| |
3| 52. Carrying a stolen handgun, as provided for in subsection B |
| |
4|of Section 1290.21 of Title 21 of the Oklahoma Statutes this title; |
| |
5| 53. Incitement to riot, as provided for in Section 1320.2 of |
| |
6|Title 21 of the Oklahoma Statutes this title; |
| |
7| 54. Malicious destruction or damage to real or personal |
| |
8|property or malicious injury to another during a state of emergency, |
| |
9|as provided for in Section 1321.7 of Title 21 of the Oklahoma |
| |
10|Statutes this title; |
| |
11| 55. Participating in a riot during a state of emergency, as |
| |
12|provided for in subsection A of Section 1321.8 of Title 21 of the |
| |
13|Oklahoma Statutes this title; |
| |
14| 56. Causing an innocent or irresponsible person to engage in a |
| |
15|riot, as provided for in subsection E of Section 1321.8 of Title 21 |
| |
16|of the Oklahoma Statutes this title; |
| |
17| 57. Possession of explosives by a convicted felon, as provided |
| |
18|for in Section 1368 of Title 21 of the Oklahoma Statutes this title; |
| |
19| 58. Attempting, conspiring, or endeavoring to perform an act of |
| |
20|violence, as provided for in subsection A of Section 1378 of Title |
| |
21|21 of the Oklahoma Statutes this title; |
| |
22| 59. Devising a plan, scheme, or program of action to cause |
| |
23|serious bodily harm or death of another person, as provided for in |
| |
24| |
| |
Req. No. 15314 Page 17
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1|subsection C of Section 1378 of Title 21 of the Oklahoma Statutes |
| |
2|this title; |
| |
3| 60. Endangering any human life including emergency service |
| |
4|personnel while committing an act of arson, as provided for in |
| |
5|Section 1405 of Title 21 of the Oklahoma Statutes this title; |
| |
6| 61. Intimidating, threatening, assaulting, or battering any |
| |
7|driver, attendant, guard, or passenger of a bus with intent to seize |
| |
8|the bus, as provided for in subsection B of Section 1903 of Title 21 |
| |
9|of the Oklahoma Statutes this title; |
| |
10| 62. Discharging any firearm into or within any bus, terminal, |
| |
11|or other transportation facility, as provided for in subsection D of |
| |
12|Section 1903 of Title 21 of the Oklahoma Statutes this title; |
| |
13| 63. Leaving the scene of a vehicle accident that resulted in |
| |
14|the death of a person, as provided for in Section 10-102.1 of Title |
| |
15|47 of the Oklahoma Statutes; |
| |
16| 64. Second felony conviction of driving under the influence of |
| |
17|alcohol or other intoxicating substance, as provided for in |
| |
18|paragraph 3 of subsection C H of Section 11-902 of Title 47 of the |
| |
19|Oklahoma Statutes; |
| |
20| 65. Causing an accident resulting in the death of another |
| |
21|person while operating a vehicle without a valid driver license, as |
| |
22|provided for in subsection C of Section 11-905 of Title 47 of the |
| |
23|Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 18
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1| 66. Throwing or dropping any substance at a moving vehicle, as |
| |
2|provided for in subsection A of Section 11-1111 of Title 47 of the |
| |
3|Oklahoma Statutes; |
| |
4| 67. Throwing or dropping any object from a bridge or overpass |
| |
5|with intent to damage property or injure a person, as provided for |
| |
6|in subsection B of Section 11-1111 of Title 47 of the Oklahoma |
| |
7|Statutes; |
| |
8| 68. Manufacturing, selling, transferring, or furnishing a |
| |
9|precursor substance to another with knowledge the recipient will use |
| |
10|such substance to unlawfully manufacture a controlled substance, as |
| |
11|provided for in subsection C of Section 2-328 of Title 63 of the |
| |
12|Oklahoma Statutes; |
| |
13| 69. Second or subsequent conviction for manufacturing, selling, |
| |
14|transferring, furnishing, or receiving a precursor substance, as |
| |
15|provided for in subsection D of Section 2-328 of Title 63 of the |
| |
16|Oklahoma Statutes; |
| |
17| 70. Purchasing, obtaining, possessing, manufacturing, selling, |
| |
18|or transferring a precursor substance without a permit or making a |
| |
19|false statement in an application or report, as provided for in |
| |
20|subsection E of Section 2-328 of Title 63 of the Oklahoma Statutes; |
| |
21| 71. Selling, transferring, distributing, or dispensing any |
| |
22|product containing ephedrine, pseudoephedrine, or |
| |
23|phenylpropanolamine to another with knowledge the purchaser will use |
| |
24|such product as a precursor to manufacture methamphetamine or |
| |
Req. No. 15314 Page 19
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1|another controlled illegal substance, as provided for in Section |
| |
2|2-333 of Title 63 of the Oklahoma Statutes; |
| |
3| 72. Cultivating, producing, or knowingly permitting the |
| |
4|cultivation or production of any species of plants from which |
| |
5|controlled dangerous substances may be derived, as provided for in |
| |
6|subsection B of Section 2-509 of Title 63 of the Oklahoma Statutes; |
| |
7| 73. Manufacturing or attempting to manufacture any controlled |
| |
8|dangerous substance by cooking, burning, or extracting and |
| |
9|converting marihuana or marihuana oil into hashish, hashish oil, or |
| |
10|hashish powder, as provided for in subsection H of Section 2-509 of |
| |
11|Title 63 of the Oklahoma Statutes; |
| |
12| 74. Purchasing or possessing any quantity of pseudoephedrine by |
| |
13|a person who is subject to the Oklahoma Methamphetamine Offender |
| |
14|Registry Act, as provided for in subsection B of Section 2-701 of |
| |
15|Title 63 of the Oklahoma Statutes; and |
| |
16| 75. Using an explosive or blasting agent with the intent to |
| |
17|kill, injure, or intimidate a person or unlawfully damage real or |
| |
18|personal property, as provided for in subsection B of Section 124.8 |
| |
19|of Title 63 of the Oklahoma Statutes. |
| |
20| B. Any person convicted of a Class B4 criminal offense set |
| |
21|forth in this section shall be punished in accordance with the |
| |
22|corresponding penalties provided for in the Oklahoma Statutes. |
| |
23| |
| |
24| |
| |
Req. No. 15314 Page 20
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1| SECTION 3. AMENDATORY Section 13, Chapter 366, O.S.L. |
| |
2|2024, as amended by Section 6, Chapter 187, O.S.L. 2025 (21 O.S. |
| |
3|Supp. 2025, Section 20M), is amended to read as follows: |
| |
4| Section 20M. A. Upon the effective date of this act, Class C2 |
| |
5|shall include the following criminal offenses: |
| |
6| 1. Theft of anhydrous equipment, as provided for in subsection |
| |
7|B of Section 11-10 of Title 2 of the Oklahoma Statutes; |
| |
8| 2. Branding, misbranding, marking, or mismarking any domestic |
| |
9|animal with intent to defraud, as provided for in Section 268 of |
| |
10|Title 4 of the Oklahoma Statutes; |
| |
11| 3. Injuring, destroying, or attempting to injure or destroy any |
| |
12|pipeline transportation system, as provided for in subsection C of |
| |
13|Section 6.1 of Title 17 of the Oklahoma Statutes; |
| |
14| 4. Embezzlement by a county treasurer or other officer, as |
| |
15|provided for in Section 641 of Title 19 of the Oklahoma Statutes; |
| |
16| 5. Giving or offering any bribe to an executive officer, as |
| |
17|provided for in Section 265 of Title 21 of the Oklahoma Statutes |
| |
18|this title; |
| |
19| 6. Receiving or agreeing to receive a bribe by an executive |
| |
20|officer or person elected or appointed to an executive office, as |
| |
21|provided for in Section 266 of Title 21 of the Oklahoma Statutes |
| |
22|this title; |
| |
23| 7. Entry into a restricted area of a building or grounds using |
| |
24|or carrying a deadly or dangerous weapon or firearm or engaging in |
| |
Req. No. 15314 Page 21
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1|acts of violence that result in great bodily injury, as provided for |
| |
2|in paragraph 1 of subsection B of Section 282 of Title 21 of the |
| |
3|Oklahoma Statutes this title; |
| |
4| 8. Forcefully or fraudulently preventing the Legislature from |
| |
5|meeting or organizing, as provided for in Section 301 of Title 21 of |
| |
6|the Oklahoma Statutes this title; |
| |
7| 9. Forcefully or fraudulently compelling or attempting to |
| |
8|compel the Legislature to adjourn or disperse, as provided for in |
| |
9|Section 303 of Title 21 of the Oklahoma Statutes this title; |
| |
10| 10. Compelling or attempting to compel either house of the |
| |
11|Legislature to pass, amend, or reject any bill or resolution, grant |
| |
12|or refuse any petition, or to perform or omit to perform any other |
| |
13|official act, as provided for in Section 305 of Title 21 of the |
| |
14|Oklahoma Statutes this title; |
| |
15| 11. Offering to give a bribe to any member of the Legislature |
| |
16|in order to influence the member in giving or withholding a vote, as |
| |
17|provided for in Section 308 of Title 21 of the Oklahoma Statutes |
| |
18|this title; |
| |
19| 12. Asking, receiving, or agreeing to receive any bribe by a |
| |
20|member of the Legislature, as provided for in Section 309 of Title |
| |
21|21 of the Oklahoma Statutes this title; |
| |
22| 13. Entering a fort, magazine, arsenal, armory, arsenal yard, |
| |
23|or encampment and seizing or taking away arms, ammunition, military |
| |
24| |
| |
Req. No. 15314 Page 22
___________________________________________________________________________
1|stores, or supplies belonging to the state, as provided for in |
| |
2|Section 350 of Title 21 of the Oklahoma Statutes this title; |
| |
3| 14. Carrying, causing to be carried, or publicly displaying any |
| |
4|red flag or other emblem or banner indicating disloyalty to the |
| |
5|Government of the United States, as provided for in Section 374 of |
| |
6|Title 21 of the Oklahoma Statutes this title; |
| |
7| 15. Bribery by a fiduciary, as provided for in subsection A of |
| |
8|Section 380 of Title 21 of the Oklahoma Statutes this title; |
| |
9| 16. Bribery of a fiduciary, as provided for in subsection B of |
| |
10|Section 380 of Title 21 of the Oklahoma Statutes this title; |
| |
11| 17. Commercial bribery of an insured depository institution or |
| |
12|credit union, as provided in Section 380.1 of Title 21 of the |
| |
13|Oklahoma Statutes this title; |
| |
14| 18. Accepting or requesting a bribe by public officers or |
| |
15|employees of this state, as provided for in Section 382 of Title 21 |
| |
16|of the Oklahoma Statutes this title; |
| |
17| 19. Offering or giving a bribe to any judicial officer, as |
| |
18|provided for in Section 383 of Title 21 of the Oklahoma Statutes |
| |
19|this title; |
| |
20| 20. Attempting to influence a juror, as provided for in Section |
| |
21|388 of Title 21 of the Oklahoma Statutes this title; |
| |
22| 21. Conspiracy to commit a felony, as provided for in |
| |
23|subsection C of Section 421 of Title 21 of the Oklahoma Statutes |
| |
24|this title; |
| |
Req. No. 15314 Page 23
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1| 22. Conspiring to commit any act against the peace of the state |
| |
2|by two or more persons outside of the state, as provided for in |
| |
3|Section 422 of Title 21 of the Oklahoma Statutes this title; |
| |
4| 23. Conspiring to commit any act against the state by two or |
| |
5|more persons, as provided for in Section 424 of Title 21 of the |
| |
6|Oklahoma Statutes this title; |
| |
7| 24. Attempting to avoid a roadblock by failing to stop, passing |
| |
8|by or through such roadblock without permission, as provided for in |
| |
9|Section 540B of Title 21 of the Oklahoma Statutes this title; |
| |
10| 25. Fraudulently producing an infant in order to intercept the |
| |
11|inheritance or distribution of any personal estate or real estate, |
| |
12|as provided for in Section 578 of Title 21 of the Oklahoma Statutes |
| |
13|this title; |
| |
14| 26. Maiming by inflicting upon one's self any disabling injury, |
| |
15|as provided for in Section 752 of Title 21 of the Oklahoma Statutes |
| |
16|this title; |
| |
17| 27. Financial exploitation of an elderly or disabled adult with |
| |
18|funds, assets, or property valued at One Hundred Thousand Dollars |
| |
19|($100,000.00) or less, as provided for in paragraph 2 of subsection |
| |
20|B of Section 843.4 of Title 21 of the Oklahoma Statutes this title; |
| |
21| 28. Conducting gambling games, as provided for in Section 941 |
| |
22|of Title 21 of the Oklahoma Statutes this title; |
| |
23| |
| |
24| |
| |
Req. No. 15314 Page 24
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1| 29. Using a house, room, or place to conduct gambling games, as |
| |
2|provided for in Section 946 of Title 21 of the Oklahoma Statutes |
| |
3|this title; |
| |
4| 30. Engaging or participating in gambling games by a public |
| |
5|officer, as provided for in Section 948 of Title 21 of the Oklahoma |
| |
6|Statutes this title; |
| |
7| 31. Commercial gambling, as provided for in Section 982 of |
| |
8|Title 21 of the Oklahoma Statutes this title; |
| |
9| 32. Letting premises for the purpose of betting on races or |
| |
10|receiving, registering, recording, or forwarding any money or thing |
| |
11|of value to a racetrack for betting purposes, as provided for in |
| |
12|paragraphs 2 through 6 of subsection A of Section 991 of Title 21 of |
| |
13|the Oklahoma Statutes this title; |
| |
14| 33. Using the terms "prize" or "gift" in a manner that is |
| |
15|untrue or misleading, as provided for in Section 996.3 of Title 21 |
| |
16|of the Oklahoma Statutes this title; |
| |
17| 34. Advocating criminal syndicalism, sabotage, or the |
| |
18|necessity, propriety, or expediency of doing any act of physical |
| |
19|violence or unlawful act as a means of accomplishing any industrial |
| |
20|or political ends, change, or revolution, as provided for in |
| |
21|subsection A of Section 1327 of Title 21 of the Oklahoma Statutes |
| |
22|this title; |
| |
23| |
| |
24| |
| |
Req. No. 15314 Page 25
___________________________________________________________________________
1| 35. Arson in the fourth degree by attempting to set fire to or |
| |
2|burn any building or property, as provided for in subsection A of |
| |
3|Section 1404 of Title 21 of the Oklahoma Statutes this title; |
| |
4| 36. Delivering to another any merchandise for which any bill of |
| |
5|lading, receipt, or voucher has been issued and the value of the |
| |
6|property is Fifteen Thousand Dollars ($15,000.00) or more, as |
| |
7|provided for in paragraph 4 of Section 1416 of Title 21 of the |
| |
8|Oklahoma Statutes this title; |
| |
9| 37. Burglary in the second degree by breaking and entering into |
| |
10|any commercial building or by breaking and entering into a |
| |
11|coin-operated or vending machine, as provided for in subsection A of |
| |
12|Section 1435 of Title 21 of the Oklahoma Statutes this title; |
| |
13| 38. Embezzlement of property valued at Fifteen Thousand Dollars |
| |
14|($15,000.00) or more, as provided for in paragraph 4 of subsection B |
| |
15|of Section 1451 of Title 21 of the Oklahoma Statutes this title; |
| |
16| 39. Embezzlement by a county or state officer, as provided for |
| |
17|in subsection C of Section 1451 of Title 21 of the Oklahoma Statutes |
| |
18|this title; |
| |
19| 40. False personation of another, as provided for in Section |
| |
20|1531 of Title 21 of the Oklahoma Statutes this title; |
| |
21| 41. Receiving money or property intended for another with a |
| |
22|value of Fifteen Thousand Dollars ($15,000.00) or more, as provided |
| |
23|for in paragraph 4 of Section 1532 of Title 21 of the Oklahoma |
| |
24|Statutes this title; |
| |
Req. No. 15314 Page 26
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1| 42. Use of a motor vehicle or motor-driven cycle for the |
| |
2|purpose of falsely impersonating a law enforcement officer which |
| |
3|causes another person to be injured, defrauded, harassed, vexed, or |
| |
4|annoyed, as provided for in paragraph 2 of subsection F of Section |
| |
5|1533 of Title 21 of the Oklahoma Statutes this title; |
| |
6| 43. Obtaining, attempting to obtain, or presenting to a |
| |
7|financial institution personal, financial, or other information of |
| |
8|another person, as provided for in Section 1533.2 of Title 21 of the |
| |
9|Oklahoma Statutes this title; |
| |
10| 44. Obtaining property by trick, deception, or by means of a |
| |
11|false or bogus check and the property value is Fifteen Thousand |
| |
12|Dollars ($15,000.00) or more, as provided for in paragraph 3 of |
| |
13|subsection A of Section 1541.2 of Title 21 of the Oklahoma Statutes |
| |
14|this title; |
| |
15| 45. Making, drawing, uttering, or delivering two or more false |
| |
16|or bogus checks and the value is Fifteen Thousand Dollars |
| |
17|($15,000.00) or more, as provided for in paragraph 3 of subsection A |
| |
18|of Section 1541.3 of Title 21 of the Oklahoma Statutes this title; |
| |
19| 46. Selling, exchanging, or delivering any forged or |
| |
20|counterfeited promissory note, check, bill, draft, or other evidence |
| |
21|of debt knowing the same is forged or counterfeited and the value of |
| |
22|the instrument is Fifteen Thousand Dollars ($15,000.00) or more, as |
| |
23|provided for in paragraph 4 of subsection A of Section 1577 of Title |
| |
24|21 of the Oklahoma Statutes this title; |
| |
Req. No. 15314 Page 27
___________________________________________________________________________
1| 47. Possession of any forged, altered, or counterfeited |
| |
2|negotiable note, bill, draft, or other evidence of debt and the |
| |
3|value of the instrument is Fifteen Thousand Dollars ($15,000.00) or |
| |
4|more, as provided for in paragraph 4 of subsection A of Section 1578 |
| |
5|of Title 21 of the Oklahoma Statutes this title; |
| |
6| 48. Possession of any forged or counterfeited instrument with |
| |
7|intent to injure or defraud and the value of the instrument is |
| |
8|Fifteen Thousand Dollars ($15,000.00) or more, as provided for in |
| |
9|paragraph 4 of subsection A of Section 1579 of Title 21 of the |
| |
10|Oklahoma Statutes this title; |
| |
11| 49. Uttering or publishing as true any forged, altered, or |
| |
12|counterfeited instrument or counterfeit coins and the value of the |
| |
13|instrument is Fifteen Thousand Dollars ($15,000.00) or more, as |
| |
14|provided for in paragraph 4 of subsection A of Section 1592 of Title |
| |
15|21 of the Oklahoma Statutes this title; |
| |
16| 50. Exhibiting false, forged, or altered books, papers, |
| |
17|vouchers, security, or other instruments of evidence to any public |
| |
18|officer or board with intent to deceive, as provided for in Section |
| |
19|1632 of Title 21 of the Oklahoma Statutes this title; |
| |
20| 51. Destroying, altering, mutilating, or falsifying any books, |
| |
21|papers, writing, or securities belonging to a corporation or |
| |
22|association with intent to defraud, as provided for in Section 1635 |
| |
23|of Title 21 of the Oklahoma Statutes this title; |
| |
24| |
| |
Req. No. 15314 Page 28
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1| 52. Larceny of lost property and the value of the property is |
| |
2|Fifteen Thousand Dollars ($15,000.00) or more, as provided for in |
| |
3|paragraph 4 of Section 1702 of Title 21 of the Oklahoma Statutes |
| |
4|this title; |
| |
5| 53. Grand larceny and the value of the property is Fifteen |
| |
6|Thousand Dollars ($15,000.00) or more, as provided for in paragraph |
| |
7|4 of subsection A of Section 1705 of Title 21 of the Oklahoma |
| |
8|Statutes this title; |
| |
9| 54. Grand larceny in any dwelling house or vessel, as provided |
| |
10|for in Section 1707 of Title 21 of the Oklahoma Statutes this title; |
| |
11| 55. Larceny of any evidence of debt or other written |
| |
12|instrument, as provided for in Section 1709 of Title 21 of the |
| |
13|Oklahoma Statutes this title; |
| |
14| 56. Buying or receiving any property that has been stolen, |
| |
15|embezzled, or obtained by false pretense or robbery and has a value |
| |
16|of Fifteen Thousand Dollars ($15,000.00) or more, as provided for in |
| |
17|paragraph 3 of subsection A of Section 1713 of Title 21 of the |
| |
18|Oklahoma Statutes this title; |
| |
19| 57. Buying or receiving any construction equipment or farm |
| |
20|equipment that has been stolen, embezzled, or obtained by false |
| |
21|pretense or robbery, as provided for in Section 1713.1 of Title 21 |
| |
22|of the Oklahoma Statutes this title; |
| |
23| |
| |
24| |
| |
Req. No. 15314 Page 29
___________________________________________________________________________
1| 58. Bringing into this state the stolen property of another |
| |
2|obtained from another state or country, as provided for in Section |
| |
3|1715 of Title 21 of the Oklahoma Statutes this title; |
| |
4| 59. Larceny of livestock or implement of husbandry, as provided |
| |
5|for in subsection A of Section 1716 of Title 21 of the Oklahoma |
| |
6|Statutes this title; |
| |
7| 60. Larceny of a dog, as provided for in Section 1718 of Title |
| |
8|21 of the Oklahoma Statutes this title; |
| |
9| 61. Grand larceny of exotic livestock, as provided for in |
| |
10|Section 1719.2 of Title 21 of the Oklahoma Statutes this title; |
| |
11| 62. Larceny of an aircraft, automobile, construction equipment, |
| |
12|or farm equipment, valued at Fifty Thousand Dollars ($50,000.00) or |
| |
13|more, as provided for in Section 1720 of Title 21 of the Oklahoma |
| |
14|Statutes this title; |
| |
15| 63. Tapping or drilling into a pipeline, as provided for in |
| |
16|Section 1721 of Title 21 of the Oklahoma Statutes this title; |
| |
17| 64. Taking any crude oil or gasoline from any pipe, pipeline, |
| |
18|tank, tank car, or other receptacle or container and the value of |
| |
19|such product is One Thousand Dollars ($1,000.00) or more, as |
| |
20|provided for in paragraph 2 of Section 1722 of Title 21 of the |
| |
21|Oklahoma Statutes this title; |
| |
22| 65. Larceny of merchandise from a retailer or wholesaler and |
| |
23|the value of the goods is Fifteen Thousand Dollars ($15,000.00) or |
| |
24| |
| |
Req. No. 15314 Page 30
___________________________________________________________________________
1|more, as provided for in paragraph 5 of subsection A of Section 1731 |
| |
2|of Title 21 of the Oklahoma Statutes this title; |
| |
3| 66. Larceny of trade secrets that is valued at Fifteen Thousand |
| |
4|Dollars ($15,000.00) or more, as provided for in Section 1732 of |
| |
5|Title 21 of the Oklahoma Statutes this title; |
| |
6| 67. Procuring, soliciting, selling, or receiving by fraudulent, |
| |
7|deceptive, or false means two to ten telephone records without |
| |
8|authorization, as provided for in paragraph 2 of subsection B of |
| |
9|Section 1742.2 of Title 21 of the Oklahoma Statutes this title; |
| |
10| 68. Masking, altering, or removing any locomotive or railway |
| |
11|car lights or signals, as provided for in Section 1778 of Title 21 |
| |
12|of the Oklahoma Statutes this title; |
| |
13| 69. Mutilating, tearing, defacing, obliterating, or destroying |
| |
14|any written instrument, value of Fifteen Thousand Dollars |
| |
15|($15,000.00) or more, as provided for in Section 1779 of Title 21 of |
| |
16|the Oklahoma Statutes this title; |
| |
17| 70. Violations of the Oklahoma Computer Crimes Act, as provided |
| |
18|for in paragraphs 1, 2, 3, 6, 7, 9, or 10 of subsection A of Section |
| |
19|1953 of Title 21 of the Oklahoma Statutes this title; |
| |
20| 71. Contracting the sale of rights arising from a criminal act |
| |
21|without providing for the forfeiture of the proceeds, as provided |
| |
22|for in subsection A of Section 17 of Title 22 of the Oklahoma |
| |
23|Statutes; |
| |
24| |
| |
Req. No. 15314 Page 31
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1| 72. Violating any of the provisions of the Oklahoma Clean Air |
| |
2|Act knowing that the violation places others in danger of death or |
| |
3|serious bodily injury, as provided for in subsection B of Section |
| |
4|2-5-116 of Title 27A of the Oklahoma Statutes; |
| |
5| 73. Violating any of the provisions of the Oklahoma Pollutant |
| |
6|Discharge Elimination System Act knowing that the violation places |
| |
7|others in imminent danger of death or serious bodily injury, as |
| |
8|provided for in subparagraph a of paragraph 3 of subsection G of |
| |
9|Section 2-6-206 of Title 27A of the Oklahoma Statutes; |
| |
10| 74. Soliciting or accepting any bribe or money by a game warden |
| |
11|in connection with the performance of his or her duties as a game |
| |
12|warden, as provided for in subsection E of Section 3-201 of Title 29 |
| |
13|of the Oklahoma Statutes; |
| |
14| 75. Taking or enticing away an incapacitated or partially |
| |
15|incapacitated person or person for whom a guardian has been |
| |
16|appointed without consent of the guardian, as provided for in |
| |
17|Section 4-904 of Title 30 of the Oklahoma Statutes; |
| |
18| 76. Violating any of the provisions of the Viatical Settlements |
| |
19|Act of 2008 if the value of the viatical settlement contract is more |
| |
20|than Two Thousand Five Hundred Dollars ($2,500.00) but not more than |
| |
21|Thirty-five Thousand Dollars ($35,000.00), as provided for in |
| |
22|paragraph 2 of subsection F of Section 4055.14 of Title 36 of the |
| |
23|Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 32
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1| 77. Embezzlement of certain funds held in trust, value of |
| |
2|Fifteen Thousand Dollars ($15,000.00) or more, as provided for in |
| |
3|paragraph (2) of Section 153 of Title 42 of the Oklahoma Statutes; |
| |
4| 78. Providing any false statement of a material fact in an |
| |
5|application for a certificate of title, as provided for in Section |
| |
6|4-108 of Title 47 of the Oklahoma Statutes; |
| |
7| 79. Altering or forging any certificate of title issued by the |
| |
8|Oklahoma Tax Commission, as provided for in Section 4-109 of Title |
| |
9|47 of the Oklahoma Statutes; |
| |
10| 80. Perjury by making any false affidavit, as provided for in |
| |
11|Section 6-302 of Title 47 of the Oklahoma Statutes; |
| |
12| 81. Creating, manufacturing, issuing, or selling security |
| |
13|verification forms, as provided for in subsection B of Section 7-612 |
| |
14|of Title 47 of the Oklahoma Statutes; |
| |
15| 82. Committing a subsequent violation of driving under the |
| |
16|influence of alcohol or other intoxicating substance within ten (10) |
| |
17|years of being convicted of driving under the influence of alcohol |
| |
18|or other intoxicating substance, causing a personal injury accident |
| |
19|while driving under the influence of alcohol or other intoxicating |
| |
20|substance, or driving under the influence of alcohol or other |
| |
21|intoxicating substance while transporting a child, as provided for |
| |
22|in paragraph 2 of subsection C H of Section 11-902 of Title 47 of |
| |
23|the Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 33
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1| 83. Operating a vehicle without a valid driver license for the |
| |
2|class of vehicle being operated and causing an accident resulting in |
| |
3|great bodily injury to another person, as provided for in subsection |
| |
4|B of Section 11-905 of Title 47 of the Oklahoma Statutes; |
| |
5| 84. Operating a crusher without a proper license and receiving, |
| |
6|obtaining, or possessing any vehicle or property known to be stolen, |
| |
7|as provided for in paragraph 2 of subsection B of Section 592.9 of |
| |
8|Title 47 of the Oklahoma Statutes; |
| |
9| 85. Selling a vehicle or other property to a crusher using |
| |
10|false or altered identification or making a false declaration of |
| |
11|ownership or lien status, as provided for in paragraph 3 of |
| |
12|subsection B of Section 592.9 of Title 47 of the Oklahoma Statutes; |
| |
13| 86. Owning, operating, or conducting a chop shop, transporting |
| |
14|any motor vehicle or parts to or from a chop shop, or selling, |
| |
15|transferring, purchasing, or receiving any motor vehicle or parts to |
| |
16|or from a chop shop, as provided for in subsection A of Section 1503 |
| |
17|of Title 47 of the Oklahoma Statutes; |
| |
18| 87. Altering, counterfeiting, defacing, destroying, disguising, |
| |
19|falsifying, forging, obliterating, or knowingly removing a vehicle |
| |
20|identification number, as provided for in subsection B of Section |
| |
21|1503 of Title 47 of the Oklahoma Statutes; |
| |
22| 88. Perjury by a public officer or employee who states as true |
| |
23|any material matter knowing it to be false, as provided for in |
| |
24|Section 36.5 of Title 51 of the Oklahoma Statutes; |
| |
Req. No. 15314 Page 34
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1| 89. Advocating by teaching, justifying, or becoming a member of |
| |
2|or affiliated with the Communist Party or with any other party or |
| |
3|organization that advocates for the revolution, sedition, treason, |
| |
4|or overthrow of the government of the United States or the State of |
| |
5|Oklahoma by a public officer or employee, as provided for in Section |
| |
6|36.6 of Title 51 of the Oklahoma Statutes; |
| |
7| 90. Perjury by verifying under oath any report, map, or drawing |
| |
8|required to be filed with the Corporation Commission knowing that |
| |
9|such material is false, as provided for in Section 109 of Title 52 |
| |
10|of the Oklahoma Statutes; |
| |
11| 91. Asking, receiving, or agreeing to receive any gift or |
| |
12|gratuity by any member of the Corporation Commission, as provided |
| |
13|for in Section 118 of Title 52 of the Oklahoma Statutes; |
| |
14| 92. Burglary in the first degree by a bail enforcer by breaking |
| |
15|into and entering the dwelling house of any defendant or third party |
| |
16|for purposes of recovery or attempted recovery of a defendant, as |
| |
17|provided for in subsection A of Section 1350.6 of Title 59 of the |
| |
18|Oklahoma Statutes; |
| |
19| 93. Distributing, dispensing, transporting, or possessing a |
| |
20|controlled dangerous substance or soliciting a person less than |
| |
21|eighteen (18) years of age to cultivate, distribute, or dispense a |
| |
22|controlled dangerous substance, as provided for in paragraph 1 of |
| |
23|subsection A of Section 2-401 of Title 63 of the Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 35
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1| 94. Creating, distributing, transporting, or possessing a |
| |
2|counterfeit controlled dangerous substance, as provided for in |
| |
3|paragraph 2 of subsection A of Section 2-401 of Title 63 of the |
| |
4|Oklahoma Statutes; |
| |
5| 95. Manufacturing or distributing a controlled substance or |
| |
6|synthetic controlled substance, as provided for in paragraph 1 of |
| |
7|subsection C of Section 2-401 of Title 63 of the Oklahoma Statutes; |
| |
8| 96. Larceny, burglary, or theft of a controlled dangerous |
| |
9|substance, as provided for in subsection A of Section 2-403 of Title |
| |
10|63 of the Oklahoma Statutes; |
| |
11| 97. Obtaining or attempting to obtain any controlled dangerous |
| |
12|substance by fraud, deceit, misrepresentation, or subterfuge, as |
| |
13|provided for in paragraph 1 of subsection A of Section 2-407 of |
| |
14|Title 63 of the Oklahoma Statutes; |
| |
15| 98. Obtaining or attempting to obtain any controlled dangerous |
| |
16|substance by forgery of, alteration of, or changing any information |
| |
17|on a prescription or any written order, as provided for in paragraph |
| |
18|2 of subsection A of Section 2-407 of Title 63 of the Oklahoma |
| |
19|Statutes; |
| |
20| 99. Obtaining or attempting to obtain any controlled dangerous |
| |
21|substance by the concealment of a material fact, as provided for in |
| |
22|paragraph 3 of subsection A of Section 2-407 of Title 63 of the |
| |
23|Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 36
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1| 100. Obtaining or attempting to obtain any controlled dangerous |
| |
2|substance by the use of a false name or false address, as provided |
| |
3|for in paragraph 4 of subsection A of Section 2-407 of Title 63 of |
| |
4|the Oklahoma Statutes; |
| |
5| 101. Obtaining or attempting to obtain any controlled dangerous |
| |
6|substance by failing to disclose the receipt or prescription of a |
| |
7|controlled dangerous substance of the same or similar therapeutic |
| |
8|use from another practitioner, as provided for in paragraph 5 of |
| |
9|subsection A of Section 2-407 of Title 63 of the Oklahoma Statutes; |
| |
10| 102. Manufacturing, creating, delivering, or possessing an |
| |
11|original prescription form or counterfeit prescription form, as |
| |
12|provided for in subsection B of Section 2-407 of Title 63 of the |
| |
13|Oklahoma Statutes; |
| |
14| 103. Receiving or acquiring proceeds known to be derived from |
| |
15|any violation of the Uniform Controlled Dangerous Substances Act, as |
| |
16|provided for in subsection A of Section 2-503.1 of Title 63 of the |
| |
17|Oklahoma Statutes; |
| |
18| 104. Knowingly or intentionally giving, selling, transferring, |
| |
19|trading, investing, concealing, transporting, or maintaining an |
| |
20|interest in anything of value which is intended to be used for |
| |
21|committing a violation of the Uniform Controlled Dangerous |
| |
22|Substances Act, as provided for in subsection B of Section 2-503.1 |
| |
23|of Title 63 of the Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 37
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1| 105. Directing, planning, organizing, initiating, financing, |
| |
2|managing, supervising, or facilitating the transportation or |
| |
3|transfer of proceeds known to be derived from a violation of the |
| |
4|Uniform Controlled Dangerous Substances Act, as provided for in |
| |
5|subsection C of Section 2-503.1 of Title 63 of the Oklahoma |
| |
6|Statutes; |
| |
7| 106. Conducting a financial transaction involving proceeds |
| |
8|derived from a violation of the Uniform Controlled Dangerous |
| |
9|Substances Act for the purpose of concealing or disguising the |
| |
10|nature, location, source, ownership, or control of the proceeds |
| |
11|known to be derived from a violation of the Uniform Controlled |
| |
12|Dangerous Substances Act, as provided for in subsection D of Section |
| |
13|2-503.1 of Title 63 of the Oklahoma Statutes; |
| |
14| 107. Encouraging, facilitating, or allowing access to any money |
| |
15|transmitter equipment for unlawful purposes, as provided for in |
| |
16|subsection B of Section 2-503.1d of Title 63 of the Oklahoma |
| |
17|Statutes; |
| |
18| 108. Using a money services business or electronic funds |
| |
19|transfer network to facilitate any violation of the Uniform |
| |
20|Controlled Dangerous Substances Act, as provided for in Section |
| |
21|2-503.1e of Title 63 of the Oklahoma Statutes; |
| |
22| 109. Structuring, assisting, or attempting to structure any |
| |
23|unlawful transaction with one or more financial or nonfinancial |
| |
24| |
| |
Req. No. 15314 Page 38
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1|trades or businesses, as provided for in Section 2-503.1g of Title |
| |
2|63 of the Oklahoma Statutes; |
| |
3| 110. Altering, counterfeiting, defacing, destroying, |
| |
4|disguising, falsifying, forging, obliterating, or removing a hull |
| |
5|identification number of a vessel or motor, as provided for in |
| |
6|subsection B of Section 4253 of Title 63 of the Oklahoma Statutes; |
| |
7| 111. Commit or attempt to commit certain violations of the |
| |
8|Vessel and Motor Chop Shop, Stolen and Altered Property Act, as |
| |
9|provided for in subsection D of Section 4253 of Title 63 of the |
| |
10|Oklahoma Statutes; |
| |
11| 112. Giving a false or bogus check in payment or remittance of |
| |
12|taxes, fees, penalties, or interest levied pursuant to any state tax |
| |
13|laws and the value of the false or bogus check is Five Hundred |
| |
14|Dollars ($500.00) or more, as provided for in Section 218.1 of Title |
| |
15|68 of the Oklahoma Statutes; |
| |
16| 113. Perjury by providing false answers to any questions from |
| |
17|the Oklahoma Tax Commission or making or presenting any false |
| |
18|affidavit to be filed with the Oklahoma Tax Commission, as provided |
| |
19|for in Section 244 of Title 68 of the Oklahoma Statutes; |
| |
20| 114. Perjury by verifying by oath, affirmation, or declaration, |
| |
21|any false report or false return that is to be filed with the |
| |
22|Oklahoma Tax Commission, as provided for in Section 246 of Title 68 |
| |
23|of the Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 39
___________________________________________________________________________
1| 115. Making or manufacturing any tax stamp or falsely or |
| |
2|fraudulently forging, counterfeiting, reproducing, or possessing any |
| |
3|tax stamp, as provided for in subsection (a) A of Section 317 of |
| |
4|Title 68 of the Oklahoma Statutes; |
| |
5| 116. Offering or selling unregistered securities, as provided |
| |
6|for in Section 1-301 of Title 71 of the Oklahoma Statutes; |
| |
7| 117. Issuing investment certificates when insolvent by an |
| |
8|investment certificate issuer, as provided for in paragraph 1 of |
| |
9|subsection K of Section 1-308 of Title 71 of the Oklahoma Statutes; |
| |
10| 118. Transacting business as a broker-dealer without being |
| |
11|registered as a broker-dealer, as provided for in subsection A of |
| |
12|Section 1-401 of Title 71 of the Oklahoma Statutes; |
| |
13| 119. Employing or associating with an individual for security |
| |
14|transaction purposes when the registration of the individual is |
| |
15|suspended or revoked or the individual is barred from employment or |
| |
16|association with a broker-dealer, as provided for in subsection C of |
| |
17|Section 1-401 of Title 71 of the Oklahoma Statutes; |
| |
18| 120. Transacting business as an agent without being registered |
| |
19|as an agent, as provided for in subsection A of Section 1-402 of |
| |
20|Title 71 of the Oklahoma Statutes; |
| |
21| 121. Employing or associating with an agent who transacts |
| |
22|business on behalf of broker-dealers when the agent is not |
| |
23|registered, as provided for in subsection D of Section 1-402 of |
| |
24|Title 71 of the Oklahoma Statutes; |
| |
Req. No. 15314 Page 40
___________________________________________________________________________
1| 122. Conducting business on behalf of a broker-dealer when the |
| |
2|registration of the agent is suspended or revoked or the individual |
| |
3|is barred from employment or association with a broker-dealer, as |
| |
4|provided for in subsection F of Section 1-402 of Title 71 of the |
| |
5|Oklahoma Statutes; |
| |
6| 123. Transacting business as an investment adviser without |
| |
7|being registered as an investment adviser, as provided for in |
| |
8|subsection A of Section 1-403 of Title 71 of the Oklahoma Statutes; |
| |
9| 124. Employing or associating with an individual to engage in |
| |
10|providing investment advice when the registration of the individual |
| |
11|is suspended or revoked or the individual is barred from employment |
| |
12|or association with an investment adviser, as provided for in |
| |
13|subsection C of Section 1-403 of Title 71 of the Oklahoma Statutes; |
| |
14| 125. Employing or associating with an individual required to be |
| |
15|registered as an investment adviser representative who is not |
| |
16|registered as an investment adviser representative, as provided for |
| |
17|in subsection D of Section 1-403 of Title 71 of the Oklahoma |
| |
18|Statutes; |
| |
19| 126. Transacting business as an investment adviser |
| |
20|representative without being registered as an investment adviser |
| |
21|representative, as provided for in subsection A of Section 1-404 of |
| |
22|Title 71 of the Oklahoma Statutes; |
| |
23| 127. Conducting business on behalf of an investment adviser or |
| |
24|federal-covered investment adviser when the registration of the |
| |
Req. No. 15314 Page 41
___________________________________________________________________________
1|investment adviser representative is suspended or revoked or the |
| |
2|individual is barred from employment or association with an |
| |
3|investment adviser or federal-covered investment adviser, as |
| |
4|provided for in subsection E of Section 1-404 of Title 71 of the |
| |
5|Oklahoma Statutes; |
| |
6| 128. Employing a device, scheme, or artifice to defraud another |
| |
7|when offering, selling, or purchasing a security, as provided for in |
| |
8|paragraph 1 of Section 1-501 of Title 71 of the Oklahoma Statutes; |
| |
9| 129. Making an untrue statement of a material fact or omitting |
| |
10|a material fact when offering, selling, or purchasing a security, as |
| |
11|provided for in paragraph 2 of Section 1-501 of Title 71 of the |
| |
12|Oklahoma Statutes; |
| |
13| 130. Engaging in an act, practice, or course of business that |
| |
14|operates as a fraud or deceit upon another person when offering, |
| |
15|selling, or purchasing a security, as provided for in paragraph 3 of |
| |
16|Section 1-501 of Title 71 of the Oklahoma Statutes; |
| |
17| 131. Employing a device, scheme, or artifice to defraud another |
| |
18|when advising others for compensation as to the value of securities, |
| |
19|as provided for in paragraph 1 of subsection A of Section 1-502 of |
| |
20|Title 71 of the Oklahoma Statutes; |
| |
21| 132. Making an untrue statement of a material fact or omitting |
| |
22|a material fact when advising others for compensation as to the |
| |
23|value of securities, as provided for in paragraph 2 of subsection A |
| |
24|of Section 1-502 of Title 71 of the Oklahoma Statutes; |
| |
Req. No. 15314 Page 42
___________________________________________________________________________
1| 133. Engaging in an act, practice, or course of business that |
| |
2|operates as a fraud or deceit upon another person when advising |
| |
3|others for compensation as to the value of securities, as provided |
| |
4|for in paragraph 3 of subsection A of Section 1-502 of Title 71 of |
| |
5|the Oklahoma Statutes; |
| |
6| 134. Making false or misleading statements in a record, as |
| |
7|provided for in Section 1-505 of Title 71 of the Oklahoma Statutes; |
| |
8| 135. Making or causing to be made to a purchaser, customer, |
| |
9|client, or prospective customer or client, an inconsistent |
| |
10|representation, as provided for in Section 1-506 of Title 71 of the |
| |
11|Oklahoma Statutes; |
| |
12| 136. Willfully violating certain provisions of the Oklahoma |
| |
13|Uniform Securities Act of 2004, as provided for in subsection A of |
| |
14|Section 1-508 of Title 71 of the Oklahoma Statutes; |
| |
15| 137. Offering or selling any business opportunity without being |
| |
16|registered under the Oklahoma Business Opportunity Sales Act, as |
| |
17|provided for in Section 806 of Title 71 of the Oklahoma Statutes; |
| |
18| 138. Offering or selling any business opportunity without a |
| |
19|written disclosure being filed, as provided for in subsection A of |
| |
20|Section 808 of Title 71 of the Oklahoma Statutes; |
| |
21| 139. Offering or selling any business opportunity without a |
| |
22|business opportunity contract or agreement, as provided for in |
| |
23|subsection A of Section 809 of Title 71 of the Oklahoma Statutes; |
| |
24| |
| |
Req. No. 15314 Page 43
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1| 140. Making or using any specific representations from the |
| |
2|Oklahoma Business Opportunity Sales Act without having a minimum net |
| |
3|worth of Fifty Thousand Dollars ($50,000.00), as provided for in |
| |
4|Section 811 of Title 71 of the Oklahoma Statutes; |
| |
5| 141. Using information filed with or obtained by the |
| |
6|Administrator that is not public for the personal benefit of the |
| |
7|Administrator or any officers or employees of the Administrator, as |
| |
8|provided for in subsection B of Section 812 of Title 71 of the |
| |
9|Oklahoma Statutes; |
| |
10| 142. Employing any device, scheme, or artifice to defraud in |
| |
11|connection with offering or selling any business opportunity, as |
| |
12|provided for in paragraph 1 of Section 819 of Title 71 of the |
| |
13|Oklahoma Statutes; |
| |
14| 143. Making any untrue statement of a material fact or omitting |
| |
15|a material fact in connection with offering or selling any business |
| |
16|opportunity, as provided for in paragraph 2 of Section 819 of Title |
| |
17|71 of the Oklahoma Statutes; |
| |
18| 144. Engaging in any act, practice, or course of business which |
| |
19|operates as a fraud or deceit in connection with offering or selling |
| |
20|any business opportunity, as provided for in paragraph 3 of Section |
| |
21|819 of Title 71 of the Oklahoma Statutes; |
| |
22| 145. Making or causing to be made any false or misleading |
| |
23|statements or omitting to state a material fact necessary in any |
| |
24|document filed with the Administrator or in any proceeding pursuant |
| |
Req. No. 15314 Page 44
___________________________________________________________________________
1|to the Oklahoma Business Opportunity Sales Act, as provided for in |
| |
2|Section 820 of Title 71 of the Oklahoma Statutes; |
| |
3| 146. Filing any application for registration that is false, |
| |
4|incomplete, or misleading, as provided for in Section 821 of Title |
| |
5|71 of the Oklahoma Statutes; |
| |
6| 147. Publishing, circulating, or using any advertising that |
| |
7|contains untrue statements of material facts or omits to state |
| |
8|material facts necessary, as provided for in Section 822 of Title 71 |
| |
9|of the Oklahoma Statutes; |
| |
10| 148. Taking or receiving any rebate, percentage of contract, |
| |
11|money, or any other thing of value by an officer of the Office of |
| |
12|Management and Enterprise Services from any person, firm, or |
| |
13|corporation, as provided for in Section 71 of Title 74 of the |
| |
14|Oklahoma Statutes; |
| |
15| 149. Monopolizing, attempting to monopolize, or conspiring to |
| |
16|monopolize any part of trade or commerce, as provided for in |
| |
17|subsection B of Section 203 of Title 79 of the Oklahoma Statutes; |
| |
18| 150. Discrimination in price between different purchasers of |
| |
19|commodities by any person engaged in commerce, as provided for in |
| |
20|Section 204 of Title 79 of the Oklahoma Statutes; |
| |
21| 151. Violation of the Oklahoma Antitrust Reform Act, as |
| |
22|provided for in Section 206 of Title 79 of the Oklahoma Statutes; |
| |
23| 152. Having any interest, directly or indirectly, in any |
| |
24|contract for the purchase of property or construction of work by or |
| |
Req. No. 15314 Page 45
___________________________________________________________________________
1|for the Grand River Dam Authority by a director, officer, agent, or |
| |
2|employee, as provided for in Section 867 of Title 82 of the Oklahoma |
| |
3|Statutes; and |
| |
4| 153. Using explosive agent to kill, injure, or intimidate or to |
| |
5|damage property, as provided for in subsection B of Section 124.8 of |
| |
6|Title 63 of the Oklahoma Statutes. |
| |
7| B. Any person convicted of a Class C2 criminal offense set |
| |
8|forth in this section shall be punished by imprisonment in the |
| |
9|custody of the Department of Corrections for a term of not more than |
| |
10|seven (7) years and shall serve at least twenty percent (20%) of the |
| |
11|sentence imposed before release from custody including release to |
| |
12|electronic monitoring pursuant to Section 510.9 of Title 57 of the |
| |
13|Oklahoma Statutes. |
| |
14| C. 1. Every person who, having been previously convicted of |
| |
15|one or two Class C or Class D criminal offenses, commits a Class C2 |
| |
16|criminal offense shall, upon conviction, be punished by imprisonment |
| |
17|in the custody of the Department of Corrections for a term of not |
| |
18|less than two (2) years nor more than ten (10) years and shall serve |
| |
19|at least twenty percent (20%) of the sentence imposed before release |
| |
20|from custody including release to electronic monitoring pursuant to |
| |
21|Section 510.9 of Title 57 of the Oklahoma Statutes. |
| |
22| 2. Every person who, having been previously convicted of three |
| |
23|Class C or Class D criminal offenses, or one or more Class Y, Class |
| |
24|A, or Class B criminal offenses, commits a Class C2 criminal offense |
| |
Req. No. 15314 Page 46
___________________________________________________________________________
1|shall, upon conviction, be punished by imprisonment in the custody |
| |
2|of the Department of Corrections for a term of not less than two (2) |
| |
3|years nor more than twelve (12) years and shall serve at least forty |
| |
4|percent (40%) of the sentence imposed before release from custody |
| |
5|including release to electronic monitoring pursuant to Section 510.9 |
| |
6|of Title 57 of the Oklahoma Statutes. |
| |
7| D. Unless specifically exempted pursuant to subsection E of |
| |
8|this section, Section 51.1 of Title 21 of the Oklahoma Statutes this |
| |
9|title shall not apply to Class C2 criminal offenses. |
| |
10| E. 1. The criminal offenses listed in paragraphs 1, 2, 52, 53, |
| |
11|54, 55, 63, 65, 67, 68, 76, and 77 of subsection A of this section |
| |
12|shall be exempt from the penalty provisions provided for in |
| |
13|subsections B and C of this section. Persons convicted of the |
| |
14|criminal offenses provided for in paragraphs 1, 2, 52, 53, 54, 55, |
| |
15|63, 65, 67, 68, 76, and 77 of subsection A of this section shall be |
| |
16|punished in accordance with the corresponding penalties provided for |
| |
17|in the Oklahoma Statutes including Section 51.1 of Title 21 of the |
| |
18|Oklahoma Statutes this title. |
| |
19| 2. The criminal offense listed in paragraph 64 of subsection A |
| |
20|of this section shall be exempt from the penalty provision provided |
| |
21|for in subsection B of this section. Persons convicted of the |
| |
22|criminal offense provided for in paragraph 64 of subsection A of |
| |
23|this section shall be punished in accordance with the corresponding |
| |
24|penalties as provided for in the Oklahoma Statutes including Section |
| |
Req. No. 15314 Page 47
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1|51.1 of Title 21 of the Oklahoma Statutes this title. The |
| |
2|provisions of subsection C of this section still applies to the |
| |
3|criminal offense listed in paragraph 64 of subsection A of this |
| |
4|section. |
| |
5| F. All Class C2 criminal offenses shall be punishable by the |
| |
6|corresponding fines as provided for in the Oklahoma Statutes. |
| |
7| SECTION 4. AMENDATORY 47 O.S. 2021, Section 6-205, as |
| |
8|amended by Section 10, Chapter 11, O.S.L. 2024 (47 O.S. Supp. 2025, |
| |
9|Section 6-205), is amended to read as follows: |
| |
10| Section 6-205. A. Service Oklahoma shall immediately revoke |
| |
11|the driving privilege of any person, whether adult or juvenile, upon |
| |
12|receiving a record of conviction, in any municipal, state or federal |
| |
13|court within the United States of any of the following offenses, |
| |
14|when such conviction has become final: |
| |
15| 1. Manslaughter or negligent homicide resulting from the |
| |
16|operation of a motor vehicle; |
| |
17| 2. Driving or being in actual physical control of a motor |
| |
18|vehicle while under the influence of alcohol, any other intoxicating |
| |
19|substance, or the combined influence of alcohol and any other |
| |
20|intoxicating substance, any violation of paragraph 1, 2, 3, or 4 or |
| |
21|5 of subsection A or paragraphs 1 or 2 of subsection B of Section |
| |
22|11-902 of this title or any violation of Section 11-906.4 of this |
| |
23|title. However, Service Oklahoma shall not additionally revoke the |
| |
24|driving privileges of the person pursuant to this subsection if the |
| |
Req. No. 15314 Page 48
___________________________________________________________________________
1|driving privilege of the person has been revoked because of a test |
| |
2|result or test refusal pursuant to Section 753 or 754 of this title |
| |
3|arising from the same circumstances which resulted in the conviction |
| |
4|unless the revocation because of a test result or test refusal is |
| |
5|set aside; |
| |
6| 3. Driving a motor vehicle during the commission of a felony; |
| |
7| 4. Failure to stop and render aid as required under the laws of |
| |
8|this state in the event of a motor vehicle accident resulting in the |
| |
9|death or personal injury of another; |
| |
10| 5. Perjury or the making of a false affidavit or statement |
| |
11|under oath to Service Oklahoma under the Uniform Vehicle Code or |
| |
12|under any other law relating to the ownership or operation of motor |
| |
13|vehicles; |
| |
14| 6. A felony conviction for unlawfully distributing, dispensing, |
| |
15|manufacturing, trafficking, attempting or conspiring to distribute, |
| |
16|dispense, manufacture, or traffic a controlled dangerous substance |
| |
17|as defined in the Uniform Controlled Dangerous Substances Act while |
| |
18|driving a motor vehicle; |
| |
19| 7. A misdemeanor conviction for a violation of Section 1-229.34 |
| |
20|of Title 63 of the Oklahoma Statutes; |
| |
21| 8. Failure to obey a traffic control device as provided in |
| |
22|Section 11-202 of this title or a stop sign when such failure |
| |
23|results in great bodily injury to any other person; or |
| |
24| |
| |
Req. No. 15314 Page 49
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1| 9. Failure to stop or to remain stopped for school bus loading |
| |
2|or unloading of children pursuant to Section 11-705 or 11-705.1 of |
| |
3|this title. |
| |
4| B. The first license revocation under any provision of this |
| |
5|section, except for paragraph 2, 3, 6, 7, or 9 of subsection A of |
| |
6|this section, shall be for a period of one (1) year. Such period |
| |
7|shall not be modified. |
| |
8| C. A license revocation under any provision of this section, |
| |
9|except for paragraph 2, 3, 6, or 7 of subsection A of this section, |
| |
10|shall be for a period of three (3) years if a prior revocation under |
| |
11|this section commenced within the preceding five-year period as |
| |
12|shown by the records of Service Oklahoma. Such period shall not be |
| |
13|modified. |
| |
14| D. The period of license revocation under paragraph 2, 3 or 6 |
| |
15|of subsection A of this section shall be governed by the provisions |
| |
16|of Section 6-205.1 of this title. |
| |
17| E. The first license revocation under paragraph 7 of subsection |
| |
18|A of this section shall be for a period of six (6) months. Such |
| |
19|periods shall not be modified. |
| |
20| F. The first license revocation under paragraph 9 of subsection |
| |
21|A of this section shall be for a period of one (1) year. Such |
| |
22|period may be modified. Any appeal of the revocation of driving |
| |
23|privilege under paragraph 9 of subsection A of this section shall be |
| |
24| |
| |
Req. No. 15314 Page 50
___________________________________________________________________________
1|governed by Section 6-211 of this title; provided, any modification |
| |
2|under this subsection shall apply to Class D motor vehicles only. |
| |
3| G. As used in this section, "great bodily injury" means bodily |
| |
4|injury which creates a substantial risk of death or which causes |
| |
5|serious, permanent disfigurement or protracted loss or impairment of |
| |
6|the function of any bodily member or organ. |
| |
7| H. Any person whose driving privileges are or have been |
| |
8|canceled or denied pursuant to this section, except for paragraph 1, |
| |
9|2 or 8 of subsection A of this section, may file a petition for |
| |
10|relief based upon error or hardship. |
| |
11| 1. The petition shall be filed in the district court which |
| |
12|notified Service Oklahoma. If the Notification originated in a |
| |
13|municipal court, the petition shall be filed in the district court |
| |
14|of the county in which the municipal court is located. A copy of |
| |
15|the Notification and a copy of Service Oklahoma's action canceling |
| |
16|or denying driving privileges pursuant to this section shall be |
| |
17|attached to the petition. |
| |
18| 2. The district court shall conduct a hearing on the petition |
| |
19|and may determine the matter de novo, without notice to Service |
| |
20|Oklahoma and, if applicable, without notice to the municipal court; |
| |
21|provided, the district court shall not consider a collateral attack |
| |
22|upon the merits of any conviction or determination which has become |
| |
23|final. |
| |
24| |
| |
Req. No. 15314 Page 51
___________________________________________________________________________
1| 3. The district court may deny the petition or, in its |
| |
2|discretion, issue a written Order to Service Oklahoma to decrease |
| |
3|the period of cancellation or denial to any period or issue a |
| |
4|written Order to vacate Service Oklahoma's action taken pursuant to |
| |
5|this section, in its entirety. The content of the Order shall not |
| |
6|grant or purport to grant any driving privileges to the person; |
| |
7|however, such Order may direct Service Oklahoma to do so if the |
| |
8|person is otherwise eligible therefor. The petitioner is |
| |
9|responsible for his or her own attorney fees. However, if the |
| |
10|petitioner is granted relief for error, then the party that |
| |
11|committed the error may be ordered to pay attorney fees and costs. |
| |
12|Unless all persons or agencies the court had reason to believe may |
| |
13|have had relevant information related to the court record and |
| |
14|departmental action have been given notice of the petition, attorney |
| |
15|fees and costs shall not be awarded against any party. In no event |
| |
16|shall Service Oklahoma be liable for attorney fees and costs for |
| |
17|suspending, revoking, canceling or denying a driver license based |
| |
18|upon reasonable reliance on a notice from a court requiring the |
| |
19|revocation, suspension, cancellation or denial of the driver license |
| |
20|according to law. |
| |
21| SECTION 5. AMENDATORY 47 O.S. 2021, Section 11-902, as |
| |
22|amended by Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025, |
| |
23|Section 11-902), is amended to read as follows: |
| |
24| |
| |
Req. No. 15314 Page 52
___________________________________________________________________________
1| Section 11-902. A. It is unlawful and punishable as provided |
| |
2|in this section for any person to drive, operate, or be in actual |
| |
3|physical control of a motor vehicle within this state, whether upon |
| |
4|public roads, highways, streets, turnpikes, other public places or |
| |
5|upon any private road, street, alley or lane which provides access |
| |
6|to one or more single or multi-family dwellings, who: |
| |
7| 1. Has a blood or breath alcohol concentration, as defined in |
| |
8|Section 756 of this title, of eight-hundredths (0.08) or more at the |
| |
9|time of a test of such person's blood or breath administered within |
| |
10|two (2) hours after the arrest of such person; |
| |
11| 2. Is under the influence of alcohol; |
| |
12| 3. Has any amount of a Schedule I chemical or controlled |
| |
13|substance, as defined in Section 2-204 of Title 63 of the Oklahoma |
| |
14|Statutes, or one of its metabolites or analogs in the person's |
| |
15|blood, saliva, urine or any other bodily fluid at the time of a test |
| |
16|of such person's blood, saliva, urine or any other bodily fluid |
| |
17|administered within two (2) hours after the arrest of such person; |
| |
18| 4. Is under the influence of any intoxicating substance other |
| |
19|than alcohol which may render such person incapable of safely |
| |
20|driving or operating a motor vehicle; or |
| |
21| 5. 4. Is under the combined influence of alcohol and any other |
| |
22|intoxicating substance which may render such person incapable of |
| |
23|safely driving or operating a motor vehicle. |
| |
24| |
| |
Req. No. 15314 Page 53
___________________________________________________________________________
1| B. A person commits the offense of driving under the influence |
| |
2|of a controlled substance if the person drives, operates or is in |
| |
3|actual physical control of a motor vehicle within this state and: |
| |
4| 1. The person has an active psychoactive substance present in |
| |
5|the person's blood, saliva or other bodily fluid within two (2) |
| |
6|hours after the arrest at or above the Tier 1 per se threshold |
| |
7|established in paragraph 2 of subsection D of this section; or |
| |
8| 2. The person has a concentration of an active psychoactive |
| |
9|substance within the Tier 2 range as established in paragraph 3 of |
| |
10|subsection D of this section and the state presents additional |
| |
11|evidence of actual impairment, including, but not limited to, |
| |
12|erratic or unsafe driving behavior, performance on a Standardized |
| |
13|Field Sobriety Test, evaluation by a certified Drug Recognition |
| |
14|Expert, or video or testimonial evidence indicating diminished |
| |
15|ability to safely operate a motor vehicle. |
| |
16| C. The presence of a non-impairing metabolite, including, but |
| |
17|not limited to, Carboxy-THC or any other inactive metabolite of a |
| |
18|controlled substance, shall not constitute a per se violation of |
| |
19|this section and shall not be sufficient evidence to sustain a |
| |
20|conviction absent proof of impairment under subsections A or B of |
| |
21|this section. |
| |
22| D. 1. For the purposes of this section: |
| |
23| a. "active psychoactive substance" means |
| |
24| Delta-9-tetrahydrocannibinol (delta-9-THC) or any |
| |
Req. No. 15314 Page 54
___________________________________________________________________________
1| other controlled substance in a form capable of |
| |
2| producing acute psychoactive or impairing effects, and |
| |
3| b. "non-impairing metabolite" means any metabolite or |
| |
4| chemical derivative of a controlled substance that |
| |
5| does not itself cause impairment and for which no |
| |
6| reliable correlation with impaired driving has been |
| |
7| established. |
| |
8| 2. A person shall be presumed impaired if testing shows a |
| |
9|concentration of five nanogram per milliliter (5 ng/ml) or more of |
| |
10|active delta-9-THC in whole blood, or an equivalent scientifically |
| |
11|validated concentration in another approved bodily matrix. This |
| |
12|presumption shall be rebuttable. |
| |
13| 3. A concentration between two nanograms per milliliter (2 |
| |
14|ng/ml) and five nanogram per milliliter (5 ng/ml) of active |
| |
15|delta-9-THC in whole blood shall not constitute a per se offense, |
| |
16|but may be considered along with impairment evidence under |
| |
17|subsection B of this section. |
| |
18| 4. The Oklahoma Board of Tests for Alcohol and Drug Influence |
| |
19|shall be authorized to promulgate rules adjust Tier 1 and Tier 2 |
| |
20|thresholds consistent with new scientific research. |
| |
21| E. A registered medical marijuana patient may present evidence |
| |
22|of lawful therapeutic use and tolerance to rebut the presumption of |
| |
23|impairment under paragraph 3 of subsection D of this section. |
| |
24|Evidence may include medical authorization, dosage history, or |
| |
Req. No. 15314 Page 55
___________________________________________________________________________
1|expert testimony. Nothing in his subsection shall prohibit |
| |
2|prosecution where independent evidence of impairment exists. |
| |
3| F. Chemical test results shall specify concentrations of active |
| |
4|THC, concentrations of inactive metabolites, and the timing of |
| |
5|sample collections. Defendants shall have the right to independent |
| |
6|testing. |
| |
7| G. The fact that any person charged with a violation of this |
| |
8|section is or has been lawfully entitled to use alcohol or a |
| |
9|controlled dangerous substance or any other intoxicating substance |
| |
10|shall not constitute a defense against any charge of violating this |
| |
11|section. |
| |
12| C. H 1. Any person who is convicted of a violation of the |
| |
13|provisions of this section shall be guilty of a misdemeanor for the |
| |
14|first offense and shall: |
| |
15| a. participate in an assessment and evaluation pursuant |
| |
16| to subsection G L of this section and shall follow all |
| |
17| recommendations made in the assessment and evaluation, |
| |
18| b. be punished by imprisonment in jail for not less than |
| |
19| ten (10) days nor more than one (1) year, and |
| |
20| c. be fined not more than One Thousand Dollars |
| |
21| ($1,000.00). |
| |
22| 2. Any person who, having been convicted of or having received |
| |
23|deferred judgment for a violation of this section or a violation |
| |
24|pursuant to the provisions of any law of this state or another state |
| |
Req. No. 15314 Page 56
___________________________________________________________________________
1|prohibiting the offenses provided in this section, Section 11-904 of |
| |
2|this title or paragraph 4 of subsection A of Section 852.1 of this |
| |
3|title, or having a prior conviction in a municipal criminal court of |
| |
4|record for the violation of a municipal ordinance prohibiting the |
| |
5|offense provided for in this section commits a subsequent violation |
| |
6|of this section within ten (10) years of the date following the |
| |
7|completion of the execution of said sentence or deferred judgment |
| |
8|shall, upon conviction, be guilty of a Class C2 felony offense and |
| |
9|shall participate in an assessment and evaluation pursuant to |
| |
10|subsection G L of this section and shall be sentenced to: |
| |
11| a. follow all recommendations made in the assessment and |
| |
12| evaluation for treatment at the defendant's expense, |
| |
13| or |
| |
14| b. imprisonment as provided for in subsections B through |
| |
15| F of Section 20M of Title 21 of the Oklahoma Statutes, |
| |
16| and a fine of not more than Two Thousand Five Hundred |
| |
17| Dollars ($2,500.00), or |
| |
18| c. treatment, imprisonment as provided for in subsections |
| |
19| B through F of Section 20M of Title 21 of the Oklahoma |
| |
20| Statutes, and a fine within the limitations prescribed |
| |
21| in subparagraphs a and b of this paragraph. |
| |
22| However, if the treatment in subsection G L of this section does |
| |
23|not include residential or inpatient treatment for a period of not |
| |
24| |
| |
Req. No. 15314 Page 57
___________________________________________________________________________
1|less than five (5) days, the person shall serve a term of |
| |
2|imprisonment of at least five (5) days. |
| |
3| 3. Any person who commits a violation of this section after |
| |
4|having been convicted of a felony offense pursuant to the provisions |
| |
5|of this section or a violation pursuant to the provisions of any law |
| |
6|of this state or another state prohibiting the offenses provided for |
| |
7|in this section, Section 11-904 of this title or paragraph 4 of |
| |
8|subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes |
| |
9|shall be guilty of a Class B4 felony offense and participate in an |
| |
10|assessment and evaluation pursuant to subsection G L of this section |
| |
11|and shall be sentenced to: |
| |
12| a. follow all recommendations made in the assessment and |
| |
13| evaluation for treatment at the defendant's expense, |
| |
14| two hundred forty (240) hours of community service and |
| |
15| use of an ignition interlock device, as provided by |
| |
16| subparagraph n of paragraph 1 of subsection A of |
| |
17| Section 991a of Title 22 of the Oklahoma Statutes, or |
| |
18| b. placement in the custody of the Department of |
| |
19| Corrections for not less than one (1) year and not to |
| |
20| exceed ten (10) years and a fine of not more than Five |
| |
21| Thousand Dollars ($5,000.00), or |
| |
22| c. treatment, imprisonment and a fine within the |
| |
23| limitations prescribed in subparagraphs a and b of |
| |
24| this paragraph. |
| |
Req. No. 15314 Page 58
___________________________________________________________________________
1| However, if the treatment in subsection G L of this section does |
| |
2|not include residential or inpatient treatment for a period of not |
| |
3|less than ten (10) days, the person shall serve a term of |
| |
4|imprisonment of at least ten (10) days. |
| |
5| 4. Any person who commits a violation of this section after |
| |
6|having been twice convicted of a felony offense pursuant to the |
| |
7|provisions of this section or a violation pursuant to the provisions |
| |
8|of any law of this state or another state prohibiting the offenses |
| |
9|provided for in this section, Section 11-904 of this title or |
| |
10|paragraph 4 of subsection A of Section 852.1 of Title 21 of the |
| |
11|Oklahoma Statutes shall be guilty of a Class B3 felony offense and |
| |
12|participate in an assessment and evaluation pursuant to subsection G |
| |
13|L of this section and shall be sentenced to: |
| |
14| a. follow all recommendations made in the assessment and |
| |
15| evaluation for treatment at the defendant's expense, |
| |
16| followed by not less than one (1) year of supervision |
| |
17| and periodic testing at the defendant's expense, four |
| |
18| hundred eighty (480) hours of community service, and |
| |
19| use of an ignition interlock device, as provided by |
| |
20| subparagraph n of paragraph 1 of subsection A of |
| |
21| Section 991a of Title 22 of the Oklahoma Statutes, for |
| |
22| a minimum of thirty (30) days, or |
| |
23| |
| |
24| |
| |
Req. No. 15314 Page 59
___________________________________________________________________________
1| b. placement in the custody of the Department of |
| |
2| Corrections for not less than one (1) year and not to |
| |
3| exceed twenty (20) years and a fine of not more than |
| |
4| Five Thousand Dollars ($5,000.00), or |
| |
5| c. treatment, imprisonment and a fine within the |
| |
6| limitations prescribed in subparagraphs a and b of |
| |
7| this paragraph. |
| |
8| However, if the person does not undergo residential or inpatient |
| |
9|treatment pursuant to subsection G L of this section the person |
| |
10|shall serve a term of imprisonment of at least ten (10) days. |
| |
11| 5. Any person who, after a previous conviction of a violation |
| |
12|of murder in the second degree or manslaughter in the first degree |
| |
13|in which the death was caused as a result of driving under the |
| |
14|influence of alcohol or other intoxicating substance, is convicted |
| |
15|of a violation of this section shall be guilty of a Class A2 felony |
| |
16|offense and shall be punished by imprisonment in the custody of the |
| |
17|Department of Corrections for not less than five (5) years and not |
| |
18|to exceed twenty (20) years, and a fine of not more than Ten |
| |
19|Thousand Dollars ($10,000.00). |
| |
20| 6. Provided, however, a conviction from another state shall not |
| |
21|be used to enhance punishment pursuant to the provisions of this |
| |
22|subsection if that conviction is based on a blood or breath alcohol |
| |
23|concentration of less than eight-hundredths (0.08). |
| |
24| |
| |
Req. No. 15314 Page 60
___________________________________________________________________________
1| 7. In any case in which a defendant is charged with driving |
| |
2|under the influence of alcohol or other intoxicating substance |
| |
3|offense within any municipality with a municipal court other than a |
| |
4|court of record, the charge shall be presented to the county's |
| |
5|district attorney and filed with the district court of the county |
| |
6|within which the municipality is located. |
| |
7| D. I. Any person who is convicted of a violation of driving |
| |
8|under the influence with a blood or breath alcohol concentration of |
| |
9|fifteen-hundredths (0.15) or more pursuant to this section shall be |
| |
10|deemed guilty of aggravated driving under the influence, a Class B3 |
| |
11|felony offense. A person convicted of aggravated driving under the |
| |
12|influence shall participate in an assessment and evaluation pursuant |
| |
13|to subsection G L of this section and shall comply with all |
| |
14|recommendations for treatment. Such person shall be sentenced as |
| |
15|provided in paragraph 1, 2, 3, 4 or 5 of subsection C H of this |
| |
16|section and to: |
| |
17| 1. Not less than one (1) year of supervision and periodic |
| |
18|testing at the defendant's expense; and |
| |
19| 2. An ignition interlock device or devices, as provided by |
| |
20|subparagraph n of paragraph 1 of subsection A of Section 991a of |
| |
21|Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) |
| |
22|days. |
| |
23| E. J. When a person is sentenced to imprisonment in the custody |
| |
24|of the Department of Corrections, the person shall be processed |
| |
Req. No. 15314 Page 61
___________________________________________________________________________
1|through the Lexington Assessment and Reception Center or at a place |
| |
2|determined by the Director of the Department of Corrections. The |
| |
3|Department of Corrections shall classify and assign the person to |
| |
4|one or more of the following: |
| |
5| 1. The Department of Mental Health and Substance Abuse Services |
| |
6|pursuant to paragraph 1 of subsection A of Section 612 of Title 57 |
| |
7|of the Oklahoma Statutes; or |
| |
8| 2. A correctional facility operated by the Department of |
| |
9|Corrections with assignment to substance abuse treatment. |
| |
10|Successful completion of a Department-of-Corrections-approved |
| |
11|substance abuse treatment program shall satisfy the recommendation |
| |
12|for a ten-hour or twenty-four-hour alcohol and drug substance abuse |
| |
13|course or treatment program or both. Successful completion of an |
| |
14|approved Department of Corrections substance abuse treatment program |
| |
15|may precede or follow the required assessment. |
| |
16| F. K. The Department of Public Safety is hereby authorized to |
| |
17|reinstate any suspended or revoked driving privilege when the person |
| |
18|meets the statutory requirements which affect the existing driving |
| |
19|privilege. |
| |
20| G. L. Any person who is found guilty of a violation of the |
| |
21|provisions of this section shall be ordered to participate in an |
| |
22|alcohol and drug substance abuse evaluation and assessment program |
| |
23|offered by a certified assessment agency or certified assessor for |
| |
24|the purpose of evaluating and assessing the receptivity to treatment |
| |
Req. No. 15314 Page 62
___________________________________________________________________________
1|and prognosis of the person and shall follow all recommendations |
| |
2|made in the assessment and evaluation for treatment. The court |
| |
3|shall order the person to reimburse the agency or assessor for the |
| |
4|evaluation and assessment. Payment shall be remitted by the |
| |
5|defendant or on behalf of the defendant by any third party; |
| |
6|provided, no state-appropriated funds are utilized. The fee for an |
| |
7|evaluation and assessment shall be the amount provided in subsection |
| |
8|C of Section 3-460 of Title 43A of the Oklahoma Statutes. The |
| |
9|evaluation and assessment shall be conducted at a certified |
| |
10|assessment agency, the office of a certified assessor or at another |
| |
11|location as ordered by the court. The agency or assessor shall, |
| |
12|within seventy-two (72) hours from the time the person is evaluated |
| |
13|and assessed, submit a written report to the court for the purpose |
| |
14|of assisting the court in its sentencing determination. The court |
| |
15|shall, as a condition of any sentence imposed, including deferred |
| |
16|and suspended sentences, require the person to participate in and |
| |
17|successfully complete all recommendations from the evaluation, such |
| |
18|as an alcohol and substance abuse treatment program pursuant to |
| |
19|Section 3-452 of Title 43A of the Oklahoma Statutes. If such report |
| |
20|indicates that the evaluation and assessment shows that the |
| |
21|defendant would benefit from a ten-hour or twenty-four-hour alcohol |
| |
22|and drug substance abuse course or a treatment program or both, the |
| |
23|court shall, as a condition of any sentence imposed, including |
| |
24|deferred and suspended sentences, require the person to follow all |
| |
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1|recommendations identified by the evaluation and assessment and |
| |
2|ordered by the court. No person, agency or facility operating an |
| |
3|evaluation and assessment program certified by the Department of |
| |
4|Mental Health and Substance Abuse Services shall solicit or refer |
| |
5|any person evaluated and assessed pursuant to this section for any |
| |
6|treatment program or substance abuse service in which such person, |
| |
7|agency or facility has a vested interest; however, this provision |
| |
8|shall not be construed to prohibit the court from ordering |
| |
9|participation in or any person from voluntarily utilizing a |
| |
10|treatment program or substance abuse service offered by such person, |
| |
11|agency or facility. If a person is sentenced to imprisonment in the |
| |
12|custody of the Department of Corrections and the court has received |
| |
13|a written evaluation report pursuant to the provisions of this |
| |
14|subsection, the report shall be furnished to the Department of |
| |
15|Corrections with the judgment and sentence. Any evaluation and |
| |
16|assessment report submitted to the court pursuant to the provisions |
| |
17|of this subsection shall be handled in a manner which will keep such |
| |
18|report confidential from the general public's review. Nothing |
| |
19|contained in this subsection shall be construed to prohibit the |
| |
20|court from ordering judgment and sentence in the event the defendant |
| |
21|fails or refuses to comply with an order of the court to obtain the |
| |
22|evaluation and assessment required by this subsection. If the |
| |
23|defendant fails or refuses to comply with an order of the court to |
| |
24|obtain the evaluation and assessment, the Department of Public |
| |
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1|Safety shall not reinstate driving privileges until the defendant |
| |
2|has complied in full with such order. Nothing contained in this |
| |
3|subsection shall be construed to prohibit the court from ordering |
| |
4|judgment and sentence and any other sanction authorized by law for |
| |
5|failure or refusal to comply with an order of the court. |
| |
6| H. M. Any person who is found guilty of a violation of the |
| |
7|provisions of this section shall be required by the court to attend |
| |
8|a victims impact panel program, as defined in subsection H of |
| |
9|Section 991a of Title 22 of the Oklahoma Statutes, if such a program |
| |
10|is offered in the county where the judgment is rendered, and to pay |
| |
11|a fee of Seventy-five Dollars ($75.00), as set by the governing |
| |
12|authority of the program and approved by the court, to the program |
| |
13|to offset the cost of participation by the defendant, if in the |
| |
14|opinion of the court the defendant has the ability to pay such fee. |
| |
15| I. N. Any person who is found guilty of a felony violation of |
| |
16|the provisions of this section shall be required to submit to |
| |
17|electronic monitoring as authorized and defined by Section 991a of |
| |
18|Title 22 of the Oklahoma Statutes. |
| |
19| J. O. Any person who is found guilty of a violation of the |
| |
20|provisions of this section who has been sentenced by the court to |
| |
21|perform any type of community service shall not be permitted to pay |
| |
22|a fine in lieu of performing the community service. |
| |
23| K. P. When a person is found guilty of a violation of the |
| |
24|provisions of this section, the court shall order, in addition to |
| |
Req. No. 15314 Page 65
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1|any other penalty, the defendant to pay a one-hundred-dollar |
| |
2|assessment to be deposited in the Drug Abuse Education and Treatment |
| |
3|Revolving Fund created in Section 2-503.2 of Title 63 of the |
| |
4|Oklahoma Statutes, upon collection. |
| |
5| L. Q. 1. When a person is eighteen (18) years of age or older, |
| |
6|and is the driver, operator, or person in physical control of a |
| |
7|vehicle, and is convicted of violating any provision of this section |
| |
8|while transporting or having in the motor vehicle any child less |
| |
9|than eighteen (18) years of age, the fine shall be enhanced to |
| |
10|double the amount of the fine imposed for the underlying driving |
| |
11|under the influence (DUI) violation which shall be in addition to |
| |
12|any other penalties allowed by this section. |
| |
13| 2. Nothing in this subsection shall prohibit the prosecution of |
| |
14|a person pursuant to Section 852.1 of Title 21 of the Oklahoma |
| |
15|Statutes who is in violation of any provision of this section or |
| |
16|Section 11-904 of this title. |
| |
17| M. R. Any plea of guilty, nolo contendere or finding of guilt |
| |
18|for a violation of this section or a violation pursuant to the |
| |
19|provisions of any law of this state or another state prohibiting the |
| |
20|offenses provided for in this section, Section 11-904 of this title, |
| |
21|or paragraph 4 of subsection A of Section 852.1 of Title 21 of the |
| |
22|Oklahoma Statutes, shall constitute a conviction of the offense for |
| |
23|the purpose of this section; provided, any deferred judgment shall |
| |
24|only be considered to constitute a conviction for a period of ten |
| |
Req. No. 15314 Page 66
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1|(10) years following the completion of any court-imposed |
| |
2|probationary term. |
| |
3| N. S. If qualified by knowledge, skill, experience, training or |
| |
4|education, a witness shall be allowed to testify in the form of an |
| |
5|opinion or otherwise solely on the issue of impairment, but not on |
| |
6|the issue of specific alcohol concentration level, relating to the |
| |
7|following: |
| |
8| 1. The results of any standardized field sobriety test |
| |
9|including, but not limited to, the horizontal gaze nystagmus (HGN) |
| |
10|test administered by a person who has completed training in |
| |
11|standardized field sobriety testing; or |
| |
12| 2. Whether a person was under the influence of one or more |
| |
13|impairing substances and the category of such impairing substance or |
| |
14|substances. A witness who has received training and holds a current |
| |
15|certification as a drug recognition expert shall be qualified to |
| |
16|give the testimony in any case in which such testimony may be |
| |
17|relevant. |
| |
18| SECTION 6. AMENDATORY 47 O.S. 2021, Section 11-904, as |
| |
19|amended by Section 65, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025, |
| |
20|Section 11-904), is amended to read as follows: |
| |
21| Section 11-904. A. Any person who is involved in a personal |
| |
22|injury accident while driving or operating a motor vehicle within |
| |
23|this state and who is in violation of the provisions of subsection A |
| |
24| |
| |
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1|or subsection B of Section 11-902 of this title may be charged with |
| |
2|a violation of the provisions of this subsection as follows: |
| |
3| 1. Any person who is convicted of a violation of the provisions |
| |
4|of this subsection shall be deemed guilty of a misdemeanor for the |
| |
5|first offense and shall be punished by imprisonment in the county |
| |
6|jail for not less than ninety (90) days nor more than one (1) year, |
| |
7|and a fine of not more than Two Thousand Five Hundred Dollars |
| |
8|($2,500.00); and |
| |
9| 2. Any person who is convicted of a violation of the provisions |
| |
10|of this subsection after having been previously convicted of a |
| |
11|violation of this subsection or of Section 11-902 of this title |
| |
12|shall be deemed guilty of a Class B5 felony offense and shall be |
| |
13|punished by imprisonment in the custody of the Department of |
| |
14|Corrections for not less than one (1) year and not more than five |
| |
15|(5) years, and a fine of not more than Five Thousand Dollars |
| |
16|($5,000.00). |
| |
17| B. 1. Any person who causes an accident resulting in great |
| |
18|bodily injury to any person other than himself while driving or |
| |
19|operating a motor vehicle within this state and who is in violation |
| |
20|of the provisions of subsection A or subsection B of Section 11-902 |
| |
21|of this title may be charged with a violation of the provisions of |
| |
22|this subsection. Any person who is convicted of a violation of the |
| |
23|provisions of this subsection shall be deemed guilty of a Class B1 |
| |
24|felony offense punishable by imprisonment in the custody of the |
| |
Req. No. 15314 Page 68
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1|Department of Corrections for not less than four (4) years and not |
| |
2|more than twenty (20) years, and a fine of not more than Five |
| |
3|Thousand Dollars ($5,000.00). |
| |
4| 2. As used in this subsection, "great bodily injury" means |
| |
5|bodily injury which creates a substantial risk of death or which |
| |
6|causes serious, permanent disfigurement or protracted loss or |
| |
7|impairment of the function of any bodily member or organ. |
| |
8| SECTION 7. AMENDATORY 47 O.S. 2021, Section 11-906.4, is |
| |
9|amended to read as follows: |
| |
10| Section 11-906.4. A. It is unlawful, and punishable as |
| |
11|provided in subsection B of this section, for any person under |
| |
12|twenty-one (21) years of age to drive, operate, or be in actual |
| |
13|physical control of a motor vehicle within this state who: |
| |
14| 1. Has any measurable quantity of alcohol in the person's blood |
| |
15|or breath at the time of a test administered within two (2) hours |
| |
16|after an arrest of the person; |
| |
17| 2. Exhibits evidence of being under the influence of any other |
| |
18|intoxicating substance as shown by analysis of a specimen of the |
| |
19|person's blood, breath, saliva, or urine in accordance with the |
| |
20|provisions of Sections 752 and 759 of this title; or |
| |
21| 3. Exhibits evidence of the combined influence of alcohol and |
| |
22|any other intoxicating substance. |
| |
23| B. Any person under twenty-one (21) years of age who violates |
| |
24|any provision of this section shall be subject to the seizure of the |
| |
Req. No. 15314 Page 69
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1|driver license of that person at the time of arrest or detention and |
| |
2|the person, upon conviction, shall be guilty of operating or being |
| |
3|in actual physical control of a motor vehicle while under the |
| |
4|influence while under age and shall be punished: |
| |
5| 1. For a first conviction, by: |
| |
6| a. a fine of not less than One Hundred Dollars ($100.00) |
| |
7| nor more than Five Hundred Dollars ($500.00), |
| |
8| b. assignment to and completion of twenty (20) hours of |
| |
9| community service, |
| |
10| c. requiring the person to attend and complete a |
| |
11| treatment program, or |
| |
12| d. any combination of fine, community service, or |
| |
13| treatment; |
| |
14| 2. Upon a second conviction, by: |
| |
15| a. assignment to and completion of not less than two |
| |
16| hundred forty (240) hours of community service, and |
| |
17| b. the requirement, after the conclusion of the |
| |
18| mandatory revocation period, to install an ignition |
| |
19| interlock device or devices, as provided by |
| |
20| subparagraph n of paragraph 1 of subsection A of |
| |
21| Section 991a of Title 22 of the Oklahoma Statutes, for |
| |
22| a period of not less than thirty (30) days. |
| |
23|In addition, a second conviction may be punished by a fine of not |
| |
24|less than One Hundred Dollars ($100.00) nor more than One Thousand |
| |
Req. No. 15314 Page 70
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1|Dollars ($1,000.00), or by requiring the person to attend and |
| |
2|complete a treatment program, as recommended by the assessment |
| |
3|required pursuant to subparagraph c of paragraph 2 of subsection D |
| |
4|of this section, or by both; or |
| |
5| 3. Upon a third or subsequent conviction, by: |
| |
6| a. assignment to and completion of not less than four |
| |
7| hundred eighty (480) hours of community service, and |
| |
8| b. the requirement, after the conclusion of the |
| |
9| mandatory revocation period, to install an ignition |
| |
10| interlock device or devices, as provided by |
| |
11| subparagraph n of paragraph 1 of subsection A of |
| |
12| Section 991a of Title 22 of the Oklahoma Statutes, for |
| |
13| a period of not less than thirty (30) days. |
| |
14|In addition, a third or subsequent conviction may be punished by a |
| |
15|fine of not less than One Hundred Dollars ($100.00) nor more than |
| |
16|Two Thousand Dollars ($2,000.00), or by requiring the person to |
| |
17|attend and complete a treatment program, as recommended by the |
| |
18|assessment required pursuant to subparagraph c of paragraph 2 of |
| |
19|subsection D of this section, or by both. |
| |
20| C. The court may assess additional community service hours in |
| |
21|lieu of any fine specified in this section. |
| |
22| D. In addition to any penalty or condition imposed pursuant to |
| |
23|the provisions of this section, the person shall be subject to: |
| |
24| 1. Upon a first conviction: |
| |
Req. No. 15314 Page 71
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1| a. the cancellation or denial of driving privileges as |
| |
2| ordered by the court pursuant to subsection B of |
| |
3| Section 6-107.1 of this title, |
| |
4| b. the mandatory revocation of driving privileges |
| |
5| pursuant to Section 6-205.1, 753 or 754 of this title, |
| |
6| which revocation period may be modified as provided by |
| |
7| law, and |
| |
8| c. the continued installation of an ignition interlock |
| |
9| device or devices, at the expense of the person, as |
| |
10| provided in subsection D of Section 6-212.3 of this |
| |
11| title, after the mandatory period of cancellation, |
| |
12| denial or revocation for a period as provided in |
| |
13| paragraph 1 of subsection A of Section 6-212.3 of this |
| |
14| title; |
| |
15| 2. Upon a second conviction: |
| |
16| a. the cancellation or denial of driving privileges, as |
| |
17| ordered by the court pursuant to subsection B of |
| |
18| Section 6-107.2 of this title, |
| |
19| b. the mandatory revocation of driving privileges |
| |
20| pursuant to Section 6-205.1, 753 or 754 of this title, |
| |
21| which period may be modified as provided by law, |
| |
22| c. an assessment of the person's degree of alcohol abuse, |
| |
23| in the same manner as prescribed in subsection H M of |
| |
24| |
| |
Req. No. 15314 Page 72
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1| Section 11-902 of this title, which may result in |
| |
2| treatment as deemed appropriate by the court, and |
| |
3| d. the continued installation of an ignition interlock |
| |
4| device or devices, at the expense of the person, as |
| |
5| provided in subsection D of Section 6-212.3 of this |
| |
6| title, after the mandatory period of cancellation, |
| |
7| denial or revocation for a period as provided in |
| |
8| paragraph 2 of subsection A of Section 6-212.3 of this |
| |
9| title; and |
| |
10| 3. Upon a third or subsequent conviction: |
| |
11| a. the cancellation or denial of driving privileges as |
| |
12| ordered by the court pursuant to subsection B of |
| |
13| Section 6-107.2 of this title, |
| |
14| b. the mandatory revocation of driving privileges |
| |
15| pursuant to Section 6-205.1, 753 or 754 of this title, |
| |
16| which period may be modified as provided by law, |
| |
17| c. an assessment of the person's degree of alcohol abuse, |
| |
18| in the same manner as prescribed in subsection H M of |
| |
19| Section 11-902 of this title, which may result in |
| |
20| treatment as deemed appropriate by the court, and |
| |
21| d. the continued installation of an ignition interlock |
| |
22| device or devices, at the expense of the person, as |
| |
23| provided in subsection D of Section 6-212.3 of this |
| |
24| title, after the mandatory period of cancellation, |
| |
Req. No. 15314 Page 73
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1| denial, or revocation for a period as provided in |
| |
2| paragraph 3 of subsection A of Section 6-212.3 of this |
| |
3| title. |
| |
4| E. Nothing in this section shall be construed to prohibit the |
| |
5|filing of charges pursuant to Section 761 or 11-902 of this title |
| |
6|when the facts warrant. |
| |
7| F. As used in this section: |
| |
8| 1. The term "conviction" includes a juvenile delinquency |
| |
9|adjudication by a court; and |
| |
10| 2. The term "revocation" includes the cancellation or denial of |
| |
11|driving privileges by the Department. |
| |
12| SECTION 8. This act shall become effective November 1, 2026. |
| |
13| |
| |
14| 60-2-15314 JBH 12/16/25 |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 15314 Page 74
