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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1312 By: Humphrey
AS INTRODUCED
An Act relating to crimes and punishments; making
certain acts unlawful; providing penalties;
authorizing courts to suspend criminal prosecutions
under certain circumstances; remanding persons to the
custody of the Department of Corrections; directing
the Department to notify certain federal agency to
arrange transportation; providing for revocation of
sentence under certain circumstances; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 447 of Title 21, unless there is
created a duplication in numbering, reads as follows:
A. Any person who is apprehended and arrested for violating a
criminal law of this state and, after determining the citizenship
status of the person is found to be unlawfully present in the United
States, shall be guilty of a felony punishable by imprisonment in
the custody of the Department of Corrections for a term not to
exceed life.
Req. No. 10122 Page 2
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B. In lieu of the sentence of imprisonment, the court shall
have the authority to suspend the criminal prosecution and issue a
written order discharging the person and requiring said individual
to return to his or her country of origin. Upon issuance of the
written order, the court shall direct the law enforcement agency
having custody of the person to remand the person to the custody of
the Department of Corrections with instructions to return the person
to his or her country of origin.
C. Once the Department receives custody of the person, the
Department shall notify the United States Customs and Border
Protection of the Department of Homeland Security to arrange
transportation for the repatriation of said person back to his or
her country of origin.
D. Should the person return to the State of Oklahoma after
repatriation and be apprehended by law enforcement, the person shall
be subject to revocation of the suspended sentence and ordered by
the court to serve the entirety of his or her original sentence of
imprisonment.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10122 GRS 01/08/25