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HB1362 • 2026

Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.

Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Hardin
Last action
2025-04-01
Official status
Second Reading referred to Judiciary Committee then to Appropriations Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.

Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.

What This Bill Does

  • Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.
  • Bill Summaries/Fiscal Impact for HB 1362 (House): Proposed Policy Committee Substitute 1 (2/14/2025) Bill Summaries/Fiscal Impact for HB 1362 (House): Proposed Policy Committee Recommendation (2/26/2025) Bill Summaries/Fiscal Impact for HB 1362 (House): Committee Substitute (3/13/2025)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: Req.

  • Req.
  • No.
  • 12783 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) POLICY COMMITTEE RECOMMENDATION FOR HOUSE BILL NO.
  • 1362 By: Hardin and Worthen POLICY COMMITTEE RECOMMENDATION An Act relating to crimes and punishments; amending Section 2, Chapter 224, O.S.L.

Plain English: HB1362 POLPCS1 David Hardin-TKR 1/31/2025 12:30:00 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: David Hardin Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB1362 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.

  • HB1362 POLPCS1 David Hardin-TKR 1/31/2025 12:30:00 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: David Hardin Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB1362 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.
  • No.
  • 12299 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) PROPOSED POLICY COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
  • 1362 By: Hardin and Worthen PROPOSED POLICY COMMITTEE SUBSTITUTE An Act relating to crimes and punishments; amending Section 2, Chapter 224, O.S.L.

Bill History

  1. 2025-04-01 Senate

    Second Reading referred to Judiciary Committee then to Appropriations Committee

  2. 2025-03-17 House

    Engrossed, signed, to Senate

  3. 2025-03-17 Senate

    First Reading

  4. 2025-03-13 House

    General Order

  5. 2025-03-13 House

    Coauthored by Representative(s) Hays, Woolley, Adams

  6. 2025-03-13 House

    Third Reading, Measure and Emergency passed: Ayes: 73 Nays: 16

  7. 2025-03-13 House

    Referred for engrossment

  8. 2025-03-03 House

    CR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee

  9. 2025-03-03 House

    Authored by Senator Woods (principal Senate author)

  10. 2025-02-20 House

    Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass, amended by committee substitute Criminal Judiciary

  11. 2025-02-05 House

    Withdrawn from Rules Committee

  12. 2025-02-05 House

    Referred to Judiciary and Public Safety Oversight

  13. 2025-02-05 House

    Referred to Criminal Judiciary

  14. 2025-02-04 House

    Second Reading referred to Rules

  15. 2025-02-03 House

    First Reading

  16. 2025-02-03 House

    Authored by Representative Hardin, Worthen

Official Summary Text

Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.
Bill Summaries/Fiscal Impact for HB 1362 (House): Proposed Policy Committee Substitute 1 (2/14/2025)
Bill Summaries/Fiscal Impact for HB 1362 (House): Proposed Policy Committee Recommendation (2/26/2025)
Bill Summaries/Fiscal Impact for HB 1362 (House): Committee Substitute (3/13/2025)

Current Bill Text

Read the full stored bill text
ENGR. H. B. NO. 1362 Page 1
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ENGROSSED HOUSE
BILL NO. 1362 By: Hardin, Worthen, Hays,
Woolley, and Adams of the
House

and

Woods of the Senate

An Act relating to crimes and punishments; amending
Section 2, Chapter 224, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1795), which relates to unlawful
immigration; making certain acts unlawful; providing
penalties; providing for the posting of a cash bond;
remanding persons to the custody of the Department of
Corrections; directing the Department to notify
certain federal agency to arrange transportation; and
declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 224, O.S.L.
2024 (21 O.S. Supp. 2024, Section 1795), is amended to read as
follows:
Section 1795. A. As used in this section, the term "alien"
means any person not a citizen or national of the United States.
B. A person commits an impermissible occupation if the person
is an alien and willfully and without permission enters and remains
in the State of Oklahoma without having first obtained legal
authorization to enter the United States.

ENGR. H. B. NO. 1362 Page 2
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C. 1. Any person found to have committed an impermissible
occupation pursuant to the provisions of subsection B of this
section and who enters this state without having obtained the legal
authorization to enter the United States shall, upon conviction, be
guilty of a misdemeanor punishable by imprisonment in the county
jail for a term of not more than one (1) year, or by a fine of not
more than Five Hundred Dollars ($500.00), or by both such fine and
imprisonment. In addition, the person shall be required to leave
the state within seventy-two (72) hours following his or her
conviction or release from custody, whichever comes later.
2. Any second or subsequent offense for an impermissible
occupation pursuant to the provisions of subsection B of this
section, or any such offense committed during the commission of any
other crime shall, upon conviction, be guilty of a felony punishable
by imprisonment in the custody of the Department of Corrections for
a term of not more than two (2) years, or by a fine of not more than
One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment. In addition, the person shall be required to leave
the state within seventy-two (72) hours following his or her
conviction or release from custody, whichever comes later 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

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Department of Corrections for a term of not less than five (5)
years.
C. A person arrested for a violation of this section may be
allowed to post a cash bond in an amount of not less than Thirty-
five Thousand Dollars ($35,000.00).
D. In lieu of the sentence of imprisonment, the court shall
have the authority to dismiss the criminal prosecution and issue a
written order discharging the person and requiring said individual
to return to his or her country of origin if:
1. The person agrees to the written order;
2. The person has not previously been convicted of a violent
crime, as provided for in Section 571 of Title 57 of the Oklahoma
Statutes, in this state or another state; and
3. The person is not charged with another felony offense.
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.
E. Once the Department of Corrections receives custody of the
person, the Department of Corrections shall notify the United States
Customs and Border Protection of the Department of Homeland Security
within seven (7) days to arrange transportation for the repatriation
of said person back to his or her country of origin.

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D. F. Any alien who has been denied admission, excluded,
deported, or removed, or has departed the United States while an
order of exclusion, deportation, or removal is outstanding, and
thereafter enters, attempts to enter, or is at any time found in
Oklahoma shall, upon conviction, be guilty of a felony and shall be
punished in accordance with the provisions set forth in paragraph 2
of subsection C B of this section, unless:
1. Prior to reembarkation of the alien at a place outside the
United States or application by the alien for admission from a
foreign contiguous territory, the United States Attorney General has
expressly consented to such alien's reapplying for admission; or
2. With respect to an alien previously denied admission and
removed, such alien established that he or she was not required to
obtain such advance consent under this section or any prior statute.
E. G. The arresting law enforcement agency shall collect all
available identifying information of the person including all
fingerprints and any other applicable photographic and biometric
data to identify the person. Once obtained, the law enforcement
agency shall cross-reference the collected information with:
1. All relevant local, state, and federal criminal databases;
and
2. Federal lists or classifications used to identify a person
as a threat or potential threat to national security.

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The Oklahoma State Bureau of Investigation shall have the
authority to collect and maintain the identifying information
collected by law enforcement agencies pursuant to the provisions of
this subsection.
F. H. It shall be an affirmative defense to prosecution under
the provisions of paragraphs 1 and 2 of subsection C B of this
section that:
1. The federal government has granted the defendant:
a. lawful presence in the United States, or
b. asylum under Section 1158 of Title 8 of the United
States Code; or
2. The defendant was approved for benefits under the federal
Deferred Action for Childhood Arrivals program between June 15,
2012, and July 16, 2021.
G. I. Any person convicted of an offense pursuant to the
provisions of this section shall not be eligible for probation or
delayed sentencing.
H. J. The Legislature finds that the presence of persons who
are unauthorized to be present within the State of Oklahoma is a
matter of statewide concern. Therefore, the Legislature hereby
occupies and preempts the entire field of legislation in this state
regarding the presence of persons who have entered and remained in
this state without first having obtained the legal authorization to
do so. Any municipality or other political subdivision of this

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state shall be prohibited from adopting any ordinance, regulation,
resolution, rule, or policy that conflicts with the provisions of
this act.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 13th day of March, 2025.

Presiding Officer of the House
of Representatives

Passed the Senate the _____ day of __________, 2025.

Presiding Officer of the Senate