1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 1994 By: Standridge, Bullard, |
| Hamilton, and Jett of the |
3| Senate |
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4| and |
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5| O'Donnell of the House |
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6| |
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7| |
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8| An Act relating to obscene material; amending 21 O.S. |
| 2021, Section 1024.1, which relates to definitions; |
9| updating statutory references; modifying definitions; |
| updating statutory language; and providing an |
10| effective date. |
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11| |
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12| |
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13|AUTHORS: Remove Representative O'Donnell as principal House author |
| and substitute with Representative Ford |
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| Add the following House Coauthors: O'Donnell, Worthen, |
15| Echols, Crosswhite Hader, Hays, Stark, Staires, Cantrell, |
| and Townley |
16| |
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17|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
| and insert: |
18| |
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19| "An Act relating to unlawful occupation of property; |
| authorizing property owners or their authorized |
20| agents to request assistance from the sheriff from |
| where the property is located for the immediate |
21| removal of unauthorized occupants under certain |
| conditions; requiring such owners or agents to submit |
22| completed and verified complaints; specifying |
| requirements for complaints; providing requirements |
23| for the sheriff; authorizing sheriffs to arrest |
| unauthorized occupants for legal cause; providing fee |
24| for service of such notice; authorizing owners or |
| agents to request that sheriffs stand by while the |
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1| owner or agent takes possession of the property; |
| authorizing sheriffs to charge a reasonable hourly |
2| rate; exempting sheriffs from liability to any party |
| for loss, destruction, or damage; exempting property |
3| owners or agents from liability to any party for the |
| loss, destruction, or damage to personal property |
4| unless it was wrongfully removed; providing civil |
| remedies; providing criminal penalties for certain |
5| persons who cause intentional damages to the |
| property; providing criminal penalties for persons |
6| who present false documents purporting to be valid |
| lease agreements, deeds, or other instruments |
7| conveying real property rights; prohibiting use of |
| act to circumvent rights or laws governing the |
8| landlord-tenant relationship; providing for |
| codification; and declaring an emergency. |
9| |
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10| |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. NEW LAW A new section of law to be codified |
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13|in the Oklahoma Statutes as Section 1354 of Title 21, unless there |
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14|is created a duplication in numbering, reads as follows: |
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15| A. A property owner or his or her authorized agent may request |
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16|from the sheriff of the county in which the property is located the |
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17|immediate removal of a person or persons unlawfully occupying real |
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18|property pursuant to this section if all of the following conditions |
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19|are met: |
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20| 1. The requesting person is the property owner or authorized |
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21|agent of the property owner; |
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22| 2. An unauthorized person or persons have unlawfully entered |
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23|and remain or continue to reside on the property owner's property; |
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24| |
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1| 3. The real property was not open to members of the public at |
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2|the time the unauthorized person or persons entered; |
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3| 4. The property owner or their agent has directed the |
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4|unauthorized persons to leave the property; |
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5| 5. The unauthorized person or persons are not current or former |
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6|tenants pursuant to a written or oral rental agreement authorized by |
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7|the property owner; |
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8| 6. The unauthorized person cannot produce documentation, |
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9|correspondence, or identification cards sent or issued by a |
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10|government agency, including, but not limited to, Service Oklahoma |
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11|or the Election Board, which show that the person used the property |
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12|address as an address of record with the agency within the previous |
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13|twelve (12) months; |
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14| 7. The unauthorized person cannot produce a lease signed by the |
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15|property owner or their agent; |
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16| 8. The unauthorized person or persons are not immediate family |
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17|members of the property owner; and |
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18| 9. There is no pending litigation related to the real property |
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19|between the property owner and any known unauthorized person. |
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20| B. To request the immediate removal of an unlawful occupant of |
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21|a residential dwelling, the property owner or his or her authorized |
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22|agent must submit a complaint by presenting a completed and verified |
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23|Complaint to Remove Persons Unlawfully Occupying Residential Real |
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24|Property form to the sheriff of the county in which the real |
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1|property is located. The submitted complaint must be in |
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2|substantially the following form: |
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3| COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING |
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4| REAL PROPERTY |
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5| I, the owner or authorized agent of the owner of the real |
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6|property located at __________________, declare under the penalty of |
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7|perjury that (initial each box): |
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8| 1. ______ I am the owner of the real property or the authorized |
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9|agent of the owner of the real property. |
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10| 2. ______ I purchased the property on _________________. |
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11| 3. ______ An unauthorized person or persons have unlawfully |
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12|entered and are remaining or residing unlawfully on the real |
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13|property. |
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14| 4. ______ The real property was not open to members of the |
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15|public at the time the unauthorized person or persons entered. |
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16| 5. ______ I have directed the unauthorized person or persons to |
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17|leave the real property, but they have not done so. |
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18| 6. ______ The person or persons are not current or former |
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19|tenants pursuant to any valid lease authorized by the property |
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20|owner, and any lease that may be produced by an occupant is |
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21|fraudulent. |
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22| 7. ______ The unauthorized person or persons sought to be |
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23|removed are not an owner or a co-owner of the property and have not |
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24| |
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1|been listed on the title to the property unless the person or |
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2|persons have engaged in title fraud. |
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3| 8. ______ The unauthorized person or persons are not immediate |
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4|family members of the property owner. |
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5| 9. ______ There is no litigation related to the real property |
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6|pending between the property owner and any person sought to be |
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7|removed. |
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8| 10. _____ I understand that a person or persons removed from |
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9|the property pursuant to this procedure may bring a cause of action |
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10|against me for any false statements made in this complaint, or for |
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11|wrongfully using this procedure, and that as a result of such action |
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12|I may be held liable for actual damages, penalties, costs, and |
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13|reasonable attorney fees. |
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14| 11. _____ I am requesting the sheriff to immediately remove the |
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15|unauthorized person or persons from the property. |
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16| 12. _____ A copy of my valid government-issued identification |
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17|is attached, or I am an agent of the property owner, and documents |
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18|evidencing my authority to act on the property owner's behalf are |
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19|attached. |
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20| I ACKNOWLEDGE AND UNDERSTAND THAT MAKING OR CAUSING TO BE MADE A |
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21|FALSE STATEMENT IN THIS AFFIDAVIT MAY SUBJECT ME TO CRIMINAL |
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22|PROSECUTION FOR PERJURY AND/OR BEING LIABLE FOR ACTUAL DAMAGES |
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23|SUFFERED OR INCURRED BY ANY PERSON OR OTHER ENTITY AS A RESULT OR |
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24|CONSEQUENCE OF THE MAKING OF OR RELIANCE UPON SUCH FALSE STATEMENT. |
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1| _____________________________ (Signature of Property Owner or |
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2|Agent of Owner) |
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3| C. Upon receipt of the complaint, the sheriff shall verify that |
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4|the person submitting the complaint is the record owner of the real |
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5|property or the authorized agent of the owner and appears otherwise |
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6|entitled to relief under this section. If verified, the sheriff |
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7|must, without unnecessary delay, serve a notice to immediately |
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8|vacate on all the unlawful occupants and shall put the owner in |
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9|possession of the real property. Service may be accomplished by |
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10|hand delivery of the notice to an occupant or by posting the notice |
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11|on the front door or at a conspicuous location on the property. The |
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12|sheriff shall also attempt to verify the identities of all persons |
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13|occupying the property and note the identities on the return of |
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14|service. If appropriate, the sheriff may arrest any person found on |
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15|the property for trespass, outstanding warrants, or any other legal |
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16|cause. |
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17| D. The sheriff is entitled to the same fee for service of the |
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18|notice to immediately vacate as if the sheriff were serving a writ |
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19|of execution under Section 1148.10 of Title 12 of the Oklahoma |
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20|Statutes. After the sheriff serves the notice to immediately |
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21|vacate, the property owner or authorized agent may request that the |
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22|sheriff stand by to keep the peace while the property owner or agent |
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23|of the owner changes the locks and removes the personal property of |
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24|the unlawful occupants from the premises. When such a request is |
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1|made, the sheriff may charge a reasonable hourly rate, and the |
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2|person requesting the sheriff to stand by and keep the peace is |
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3|responsible for paying the reasonable hourly rate set by the |
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4|sheriff. The sheriff is not liable to the unlawful occupant or any |
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5|other party for loss, destruction, or damage of property. The |
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6|property owner or his or her authorized agent is not liable to an |
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7|unlawful occupant or any other party for the loss, destruction, or |
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8|damage to the personal property unless the removal was wrongful. |
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9| E. A person may bring a civil cause of action for wrongful |
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10|removal against the person who requested such removal under this |
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11|section. A person harmed by a wrongful removal under this section |
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12|may be restored to possession of the real property and may recover |
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13|actual costs and damages incurred, statutory damages equal to triple |
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14|the fair market rent of the dwelling, court costs, and reasonable |
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15|attorney fees. |
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16| F. This section does not limit the rights of a property owner |
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17|or limit the authority of a law enforcement officer to arrest an |
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18|unlawful occupant for trespassing, vandalism, theft, or other |
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19|crimes. |
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20| SECTION 2. NEW LAW A new section of law to be codified |
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21|in the Oklahoma Statutes as Section 1355 of Title 21, unless there |
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22|is created a duplication in numbering, reads as follows: |
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23| A person who unlawfully detains or occupies or trespasses upon a |
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24|property and who intentionally damages the dwelling causing One |
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1|Thousand Dollars ($1,000.00) or more and is removed from the |
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2|property pursuant to this act shall, upon conviction, be guilty of a |
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3|felony punishable by imprisonment in the custody of the Department |
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4|of Corrections for a term not exceeding three (3) years or by a fine |
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5|not exceeding Ten Thousand Dollars ($10,000.00), or both such fine |
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6|and imprisonment. |
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7| SECTION 3. NEW LAW A new section of law to be codified |
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8|in the Oklahoma Statutes as Section 1356 of Title 21, unless there |
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9|is created a duplication in numbering, reads as follows: |
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10| Any person who, with the intent to detain or remain upon real |
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11|property, knowingly and willfully presents to another person a false |
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12|document purporting to be a valid lease agreement, deed, or other |
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13|instrument conveying real property rights upon conviction is guilty |
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14|of a misdemeanor punishable by imprisonment in the county jail not |
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15|exceeding one (1) year or by a fine not exceeding One Thousand |
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16|Dollars ($1,000.00), or both such fine and imprisonment. |
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17| SECTION 4. NEW LAW A new section of law to be codified |
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18|in the Oklahoma Statutes as Section 1357 of Title 21, unless there |
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19|is created a duplication in numbering, reads as follows: |
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20| This act shall not be used to circumvent any rights or laws |
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21|governing the landlord tenant relationship as provided in Title 41 |
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22|of the Oklahoma Statutes. |
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23| SECTION 5. It being immediately necessary for the preservation |
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24|of the public peace, health or safety, an emergency is hereby |
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1|declared to exist, by reason whereof this act shall take effect and |
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2|be in full force from and after its passage and approval." |
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3| Passed the House of Representatives the 17th day of April, 2024. |
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6| Presiding Officer of the House of |
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8| Passed the Senate the ____ day of __________, 2024. |
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11| Presiding Officer of the Senate |
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