Classification of felony offenses; designating classification for certain offenses; effective date.

An Act
ENROLLED HOUSE
BILL NO. 2104 By: Osburn and West (Tammy) of
the House

and

Rader of the Senate

An Act relating to the classification of felony
offenses; amending 21 O.S. 2021, Section 701.7, which
relates to murder in the first degree; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1268.2, which relates to
terrorism; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section 644,
as amended by Section 1, Chapter 38, O.S.L. 2024 (21
O.S. Supp. 2024, Section 644), which relates to
penalties for domestic abuse; providing felony
classification for certain offenses; modifying
penalties for certain unlawful acts; amending 21 O.S.
2021, Section 651, which relates to penalties for
administering poison; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
701.8, which relates to murder in the second degree;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 701.9, which relates
to penalties for murder in the first and second
degrees; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 745, which
relates to kidnapping; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 843.5, as amended by Section 2, Chapter
151, O.S.L. 2024 (21 O.S. Supp. 2024, Section 843.5),
which relates to child abuse; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1021, as amended by Section 7, Chapter
59, O.S.L. 2024 (21 O.S. Supp. 2024, Section 1021),
which relates to indecent exposure and the
solicitation of minors; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1312, which relates to penalties for
ENR. H. B. NO. 2104 Page 2
rioting; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 1441, which
relates to burglary with explosives; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1767.2, which relates to the use of
explosives to damage persons or property; providing
felony classification for certain offenses; amending
63 O.S. 2021, Section 2-401, as amended by Section 1,
Chapter 77, O.S.L. 2024 (63 O.S. Supp. 2024, Section
2-401), which relates to the Uniform Controlled
Dangerous Substances Act; providing felony
classification for certain offenses; amending 63 O.S.
2021, Section 124.8, which relates to the Oklahoma
Explosives and Blasting Regulation Act; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 175, which relates to accessory
to a felony offense; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
650, which relates to aggravated assault and battery
upon a peace officer; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
701.16, which relates to solicitation for first
degree murder; providing felony classification for
certain offense; amending 21 O.S. 2021, Sections 711
and 712, which relate to first degree manslaughter;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 748, which relates to
human trafficking; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
760, which relates to female genital mutilation;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 798, 800 and 801,
which relate to robbery offenses; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 849, which relates to equipping
vehicles or structures with explosives; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1040.12a, as amended by Section
3, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.12a), which relates to the Oklahoma Law
on Obscenity and Child Pornography; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1111.1, as amended by Section 3,
Chapter 260, O.S.L. 2022 (21 O.S. Supp. 2024, Section
1111.1), which relates to rape by instrumentation;
ENR. H. B. NO. 2104 Page 3
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 1114 and 1115, which
relate to penalties for rape and rape by
instrumentation; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section
1117, which relates to forcing a woman to marry;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1752, which relates to
displacing railroad equipment; providing felony
classification for certain offense; amending 22 O.S.
2021, Section 107, which relates to criminal offenses
during riots or insurrections; providing felony
classification for certain offense; amending 47 O.S.
2021, Section 11-902, which relates to penalties for
driving under the influence; providing felony
classification for certain offenses; amending 63 O.S.
2021, Section 2-403, which relates to the Uniform
Controlled Dangerous Substances Act; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 652, which relates to discharging a
firearm with intent to kill; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 751, which relates to maiming;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 843.1, which relates
to abuse of the elderly by caretakers; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1123, as last amended by
Section 33, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1123), which relates to lewd or
indecent acts to a child; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1268.3, which relates to the Oklahoma
Antiterrorism Act; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
1327, which relates to advocating sabotage, sedition
or treason on public school grounds; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 1401 and 1405, which relate to first
degree arson and endangering human life during
commission of arson; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
521, which relates to rescuing prisoners; providing
felony classification for certain offense; amending
21 O.S. 2021, Sections 813, 814 and 817, which relate
ENR. H. B. NO. 2104 Page 4
to aiding suicide; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
832, which relates to willful poisoning of others;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 888, as amended by
Section 1, Chapter 260, O.S.L. 2022 (21 O.S. Supp.
2024, Section 888), which relates to forcible sodomy;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Sections 1021.2, as amended by
Section 1, Chapter 103, O.S.L. 2024, 1021.3, as
amended by Section 10, Chapter 59, O.S.L. 2024,
1024.2, as amended by Section 15, Chapter 59, O.S.L.
2024 and 1029, as last amended by Section 3, Chapter
151, O.S.L. 2024 (21 O.S. Supp. 2024, Sections
1021.2, 1021.3, 1024.2 and 1029), which relate to the
Oklahoma Law on Obscenity and Child Pornography;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1087, as amended by
Section 6, Chapter 151, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1087), which relates to procuring
minors for prostitution; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1088, as amended by Section 7, Chapter
151, O.S.L. 2024 (21 O.S. Supp. 2024, Section 1088),
which relates to inducing or restraining minors for
prostitution; providing felony classification for
certain offenses; amending 21 O.S. 2021, Sections
1266, 1266.4 and 1266.5, which relate to the Sabotage
Prevention Act; providing felony classification for
certain offense; amending 21 O.S. 2021, Section
1268.5, which relates to the Oklahoma Antiterrorism
Act; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 1287, which
relates to the use of firearms while committing a
felony; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 1289.17A,
which relates to the Oklahoma Firearms Act of 1971;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1431, which relates to
first degree burglary; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1903, which relates to the Bus
Passenger Safety Act; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
2001, which relates to the use of unlawful proceeds;
ENR. H. B. NO. 2104 Page 5
providing felony classification for certain offenses;
amending 22 O.S. 2021, Section 1404, which relates to
the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act; providing felony classification
for certain offenses; amending 47 O.S. 2021, Section
11-904, which relates to personal injury accident
while under the influence; providing felony
classification for certain offenses; amending 63 O.S.
2021, Section 2-415, which relates to the Trafficking
in Illegal Drugs Act; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
446, which relates to the unlawful transportation of
aliens; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 532, which
relates to permitting escapes; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 741, which relates to kidnapping;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 856.1, which relates
to aiding, abetting and encouraging minors to
participate in drug-related crimes; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 866, which relates to trafficking in
children; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 1040.8, as
amended by Section 18, Chapter 59, O.S.L. 2024 (21
O.S. Supp. 2024, Section 1040.8), which relates to
the Oklahoma Law on Obscenity and Child Pornography;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1081, which relates to
pandering; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1085,
which relates to restraining female in house of
prostitution; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1116,
which relates to second degree rape; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1402, which relates to second degree
arson; providing felony classification for certain
offense; amending 57 O.S. 2021, Section 590, which
relates to the Sex Offenders Registration Act;
providing felony classification for certain offenses;
amending 59 O.S. 2021, Section 1350.6, which relates
to the Bail Enforcement and Licensing Act; providing
felony classification for certain offense; amending
ENR. H. B. NO. 2104 Page 6
63 O.S. 2021, Section 2-332, which relates to the
Precursor Substances Act; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 341, which relates to embezzlement by
officers; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 349, which
relates to injuring or burning public buildings;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 539, which relates to
resisting execution of process; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 644.1, which relates to prior pattern
of domestic abuse; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
1289.26, which relates to unlawful use of body armor;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1403, which relates to
third degree arson; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
1561, which relates to forgery of wills, deeds and
instruments; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1562,
which relates to forgery of public securities;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1622, which relates to
fraudulently uttering one's signature; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1623, which relates to
fraudulently uttering one's endorsement; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1624, which relates to the
unlawful obliteration of instruments or writings;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1626, which relates to
signing fictious names as officers of corporations;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1742.2, which relates
to the Unlawful Use of a Recording Device Act;
providing felony classification for certain offenses;
amending 36 O.S. 2021, Section 4055.14, which relates
to the Viatical Settlements Act of 2008; providing
felony classification for certain offenses; amending
52 O.S. 2021, Section 47.6, which relates to the
Hazardous Liquid Transportation System Safety Act;
providing felony classification for certain offense;
ENR. H. B. NO. 2104 Page 7
amending 57 O.S. 2021, Section 21, which relates to
contraband in jails and prisons; providing felony
classification for certain offense; amending 63 O.S.
2021, Section 2-406, as last amended by Section 7,
Chapter 308, O.S.L. 2024 (63 O.S. Supp. 2024, Section
2-406), which relates to the Uniform Controlled
Dangerous Substances Act; providing felony
classification for certain offenses; amending 63 O.S.
2021, Section 2-419.1, which relates to the
Trafficking in Illegal Drugs Act; providing felony
classification for certain offenses; amending 63 O.S.
2021, Section 4253, which relates to the Vessel, and
Motor Chop Shop, Stolen and Altered Property Act;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 53, which relates to
concealing the death of a child; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 645, which relates to assault and
battery with a dangerous weapon; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 799, which relates to second degree
robbery; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 843.3, which
relates to abuse of a vulnerable adult; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 850, which relates to malicious
intimidation or harassment; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 851, which relates to desertion of
children; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 853, which
relates to desertion of wife or child; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 856, which relates to
contributing to the delinquency of a minor; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 885, which relates to incest;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 886, which relates to
crimes against nature; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 891, which relates to the enticement or
concealing of children; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1028, as amended by Section 1, Chapter
ENR. H. B. NO. 2104 Page 8
267, O.S.L. 2024 (21 O.S. Supp. 2024, Section 1028),
which relates to operating a place of prostitution;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1040.13, as amended by
Section 21, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.13), which relates to distribution
of obscene material or child sexual abuse material;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1040.13a, which
relates to soliciting sexual conduct or sexual
communication with a child; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1073, which relates to promoting
pyramid schemes; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1086,
which relates to allowing pandering on certain
property; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 1118, which
relates to compelling a woman by force to marry;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1119, which relates to
abduction of a person under fifteen; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1161.1, which relates to desecration of
a human corpse; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1173,
as amended by Section 2, Chapter 318, O.S.L. 2022 (21
O.S. Supp. 2024, Section 1173), which relates to
stalking; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 1217, which
relates to interfering with duties of firemen;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 1230.7 and 1230.8,
which relate to the Environmental Crimes Act;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1263, which relates to
advocating criminal syndicalism or sabotage;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 1265.2, 1265.3 and
1265.5, which relate to the Sabotage Prevention Act;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Sections 1268.4, 1268.6,
1268.7 and 1268.8, which relate to the Oklahoma
Antiterrorism Act; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
ENR. H. B. NO. 2104 Page 9
1283, as amended by Section 1, Chapter 299, O.S.L.
2022 (21 O.S. Supp. 2024, Section 1283), which
relates to possession of firearms by convicted felons
and delinquents; providing felony classification for
certain offenses; amending 21 O.S. 2021, Sections
1289.16, 1289.17, 1289.20 and 1289.21, which relate
to the Oklahoma Firearms Act of 1971; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1290.21, which relates to the
Oklahoma Self-Defense Act; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 1320.2 and 1320.4, which relate to
incitement to riot and related penalties; providing
felony classification for certain offenses; amending
21 O.S. 2021, Sections 1321.7 and 1321.8, which
relate to the Oklahoma Riot Control and Prevention
Act; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 1368, which
relates to possession of explosives by convicted
felons; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 1378, which
relates to conspiring to perform an act of violence;
providing felony classification for certain offenses;
amending 47 O.S. 2021, Section 10-102.1, which
relates to accidents involving death; providing
felony classification for certain offense; amending
47 O.S. 2021, Section 11-905, which relates to
personal injury accidents caused by unlicensed
drivers; providing felony classification for certain
offenses; amending 47 O.S. 2021, Section 11-1111,
which relates to throwing substances at moving
vehicles; providing felony classification for certain
offense; amending 63 O.S. 2021, Sections 2-328 and 2-
333, which relate to the Precursor Substances Act;
providing felony classification for certain offenses;
amending 63 O.S. 2021, Section 2-509, which relates
to the unlawful cultivation of certain plants;
providing felony classification for certain offense;
amending 63 O.S. 2021, Section 2-701, which relates
to the methamphetamine registry; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 647, 649, 649.1, 649.2, 650.2, 653 and
681, which relate to assault and battery offenses;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Sections 716, 717 and 722,
ENR. H. B. NO. 2104 Page 10
which relate to second degree manslaughter; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 856.3, which relates to gang-
related offenses; providing felony classification for
certain offense; amending 21 O.S. 2021, Section
1192.1, which relates to intentionally transmitting
infectious virus; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1302,
which relates to trespass; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1303, which relates to assaults while
disguised; providing felony classification for
certain offense; amending 21 O.S. 2021, Sections
1320.3 and 1320.5, which relate to unlawful
assemblies and related penalties; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1685, which relates to cruelty to
animals; providing felony classification for certain
offense; amending 21 O.S. 2021, Sections 1692.2,
1692.3, 1692.4, 1692.5 and 1692.8, which relate to
cockfighting offenses and penalties; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 1694, 1695, 1696, 1697 and 1699.1,
which relate to dogfighting offenses; providing
felony classification for certain offenses; amending
47 O.S. 2021, Section 10-102, which relates to
nonfatal injury accidents; providing felony
classification for certain offense; amending 57 O.S.
2021, Sections 586, 587 and 590.1, which relate to
the Sex Offenders Registration Act; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 649.3, 650.4, 650.6, 650.7, 650.8,
650.9 and 650.11, which relate to assault and battery
offenses; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 852.1, which
relates to child endangerment; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 437, which relates to assisting
prisoner escapes; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section 438,
which relates to carrying items into prison to assist
escapes; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 440, which
relates to harboring criminals and fugitives;
providing felony classification for certain offense;
ENR. H. B. NO. 2104 Page 11
amending 21 O.S. 2021, Section 455, which relates to
threatening witnesses giving testimony; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 540A, which relates to eluding
police officers; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section 662,
which relates to dueling; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 843.4, which relates to exploitation of
elderly or disabled adults; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1404, which relates to fourth degree
arson; providing felony classification for certain
offenses; amending 21 O.S. Section 1435, as amended
by Section 1, Chapter 245, O.S.L. 2022 (21 O.S. Supp.
2024, Section 1435), which relates to second and
third degree burglary; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1708, which relates to grand larceny at
night; providing felony classification for certain
offense; amending 47 O.S. 2021, Section 6-302, which
relates to making false affidavits; providing felony
classification for certain offense; amending 63 O.S.
2021, Section 2-503.1f, which relates to evading
money reporting requirements; providing felony
classification for certain offense; amending 2 O.S.
2021, Section 11-10, which relates to anhydrous
equipment theft; providing felony classification for
certain offenses; amending 4 O.S. 2021, Section 268,
which relates to fraudulent branding of domestic
animals; providing felony classification for certain
offense; amending 17 O.S. 2021, Section 6.1, which
relates to injuring pipeline transportation systems;
providing felony classification for certain offense;
amending 19 O.S. 2021, Section 641, which relates to
embezzlement by county treasurer; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 265, which relates to bribing executive
officers; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 266, which
relates to executive officers receiving bribes;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 282, which relates to
unlawful entrance to restricted areas; providing
felony classification for certain offenses; amending
ENR. H. B. NO. 2104 Page 12
21 O.S. 2021, Section 301, which relates to
preventing meetings of the State Legislature;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 303 and 305, which
relate to compelling adjournment of the State
Legislature and passage or rejection of bills;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Sections 308 and 309, which
relate to bribing and accepting bribes by members of
the Legislature; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section 350,
which relates to the seizure of military stores;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 374, which relates to
the unlawful display of certain flags and banners;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 380 and 380.1, which
relate to bribing a fiduciary and commercial bribery;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 382, which relates to
receiving bribes by public officers; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 383, which relates to offering bribes
to judicial officer and jurors; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 388, which relates to tampering with
juries; providing felony classification for certain
offense; amending 21 O.S. 2021, Sections 421, 422 and
424, which relate to conspiracy offenses; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 540B, which relates to
roadblocks; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 578,
which relates to fraudulent production of an infant;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 752 and 759, which
relate to maiming and related penalties; providing
felony classification for certain offenses; amending
21 O.S. 2021, Sections 941, 946 and 948, which relate
to gambling offenses; providing felony classification
for certain offenses; amending 21 O.S. 2021, Sections
982 and 991, which relate to commercial gambling and
betting; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 996.3, which
relates to the Consumers Disclosure of Prizes and
ENR. H. B. NO. 2104 Page 13
Gifts Act; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1416,
which relates to the unlawful delivery of goods;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1451, as amended by
Section 1, Chapter 63, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1451), which relates to embezzlement
offenses; providing felony classification for certain
offenses; amending 21 O.S. 2021, Sections 1531, 1532,
1533 and 1533.2, which relate to falsely
impersonation offenses; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 1541.2 and 1541.3, which relate to
obtaining money or property by trick; providing
felony classification for certain offenses; amending
21 O.S. 2021, Sections 1577, 1578, 1579 and 1592,
which relate to forgery offenses; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 1632 and 1635, which relate to fraud
relating to corporations; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 1702, 1705, as amended by Section 1,
Chapter 158, O.S.L. 2024, 1707, 1713, 1713.1, 1716,
as amended by Section 1, Chapter 32, O.S.L. 2022,
1719.2, 1720, 1721, 1722, 1731, as amended by Section
1, Chapter 176, O.S.L. 2024, and 1732 (21 O.S. Supp.
2024, Sections 1705, 1716 and 1731), which relate to
larceny offenses; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section
1778, which relates to interfering with train signal
lights; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 1779, which
relates to injuring written instruments; providing
felony classification for certain offense; amending
21 O.S. 2021, Sections 1953 and 1955, which relate to
the Oklahoma Computer Crimes Act; providing felony
classification for certain offense; amending 22 O.S.
2021, Section 17, which relates to failing to forfeit
certain proceeds; providing felony classification for
certain offense; amending 27A O.S. 2021, Section 2-5-
116, which relates to violations of the Oklahoma
Clean Air Act; providing felony classification for
certain offense; amending 27A O.S. 2021, Section 2-6-
206, which relates to violations of the Oklahoma
Pollutant Discharge Elimination System Act; providing
ENR. H. B. NO. 2104 Page 14
felony classification for certain offenses; amending
29 O.S. 2021, Section 3-201, which relates to
violations of the Oklahoma Wildlife Conservation
Code; providing felony classification for certain
offense; amending 42 O.S. 2021, Section 153, which
relates to lienable claims; providing felony
classification for certain offense; amending 47 O.S.
2021, Section 4-108, which relates to trim tag
plates; providing felony classification for certain
offense; amending 47 O.S. 2021, Section 4-109, as
amended by Section 36, Chapter 282, O.S.L. 2022 (47
O.S. Supp. 2024, Section 4-109), which relates to
certificate of titles; providing felony
classification for certain offense; amending 47 O.S.
2021, Section 7-612, which relates to security
verification forms; providing felony classification
for certain offense; amending 47 O.S. 2021, Section
592.9, as amended by Section 17, Chapter 107, O.S.L.
2022 (47 O.S. Supp. 2024, Section 592.9), which
relates to the Oklahoma Crusher Act; providing felony
classification for certain offense; amending 47 O.S.
2021, Section 1503, which relates to the Motor
Vehicle Chop Shop, Stolen and Altered Property Act;
providing felony classification for certain offenses;
amending 51 O.S. 2021, Sections 36.5 and 36.6, which
relate to oaths or affirmations; providing felony
classification for certain offenses; amending 52 O.S.
2021, Sections 109 and 118, which relate to false
verification of documents and bribery; providing
felony classification for certain offenses; amending
63 O.S. 2021, Section 2-407, which relates to the
Uniform Controlled Dangerous Substances Act;
providing felony classification for certain offense;
amending 63 O.S. 2021, Sections 2-503.1, 2-503.1d, 2-
503.1e, and 2-503.1g, which relate to the Drug Money
Laundering and Wire Transmitter Act; providing felony
classification for certain offenses; amending 68 O.S.
2021, Sections 218.1, 244 and 246, which relate to
the Uniform Tax Procedure Code; providing felony
classification for certain offense; amending 68 O.S.
2021, Section 317, which relates to forging tax
stamps; providing felony classification for certain
offense; amending 71 O.S. 2021, Sections 1-301 and 1-
308, as amended by Sections 12 and 19, Chapter 77,
O.S.L. 2022, 1-401, 1-402, 1-403 and 1-404, as
ENR. H. B. NO. 2104 Page 15
amended by Sections 20, 21 and 22, Chapter 77, O.S.L.
2022, 1-501, 1-502, 1-505, 1-506 and 1-508, as
amended by Section 31, Chapter 77, O.S.L. 2022 (71
O.S. Supp. 2024, Sections 1-301, 1-308, 1-402, 1-403,
1-404 and 1-508), which relate to the Oklahoma
Uniform Securities Act of 2004; providing felony
classification for certain offenses; amending 71 O.S.
2021, Sections 806, 808, 809 and 811, as amended by
Sections 44 and 45, Chapter 77, O.S.L. 2022, 812,
819, 820, 821, 822 and 823 (71 O.S. Supp. 2024,
Sections 809 and 811), which relate to the Oklahoma
Business Opportunity Sales Act; providing felony
classification for certain offenses; amending 74 O.S.
2021, Section 71, which relates to the Oklahoma
Surplus Property Act; providing felony classification
for certain offense; amending 79 O.S. 2021, Sections
203, 204 and 206, which relate to the Oklahoma
Antitrust Reform Act; providing felony classification
for certain offenses; amending 82 O.S. 2021, Section
867, which relates to officer and employees of the
Grand River Dam Authority; providing felony
classification for certain offense; amending 2 O.S.
2021, Sections 9-34, 9-35 and 9-36, which relate to
the Public Warehouse and Commodity Indemnity Act;
providing felony classification for certain offenses;
amending 2 O.S. 2021, Sections 16-25, 16-28.1 and 16-
34, which relate to the Oklahoma Forestry Code;
providing felony classification for certain offenses;
amending 3 O.S. 2021, Sections 258 and 259, which
relate to the operation of unregistered aircraft and
unregistered serial numbers; providing felony
classification for certain offenses; amending 3 O.S.
2021, Section 301, which relates to the operation of
aircraft while under the influence; providing felony
classification for certain offense; amending 3 O.S.
2021, Section 321, which relates to the unlawful
possession of aircraft; providing felony
classification for certain offense; amending 3A O.S.
2021, Sections 205, 208.4, 208.6, 208.7, 208.8,
208.9, 208.10 and 208.11, which relate to the
Oklahoma Horse Racing Act; providing felony
classification for certain offenses; amending 3A O.S.
2021, Section 727, which relates to the Oklahoma
Education Lottery Act; providing felony
classification for certain offense; amending 4 O.S.
ENR. H. B. NO. 2104 Page 16
2021, Section 42.4, which relates to owners of
dangerous dogs; providing felony classification for
certain offenses; amending 6 O.S. 2021, Sections 809,
1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413,
1414 and 1417, which relate to the Oklahoma Banking
Code; providing felony classification for certain
offenses; amending 10 O.S. 2021, Section 404.1, which
relates to the Oklahoma Child Care Facilities
Licensing Act; providing felony classification for
certain offense; amending 10A O.S. 2021, Section 1-2-
101, which relates to reports of child abuse;
providing felony classification for certain offense;
amending 13 O.S. 2021, Section 176.3, which relates
to the Security of Communications Act; providing
felony classification for certain offense; amending
15 O.S. 2021, Sections 753 and 761.1, which relate to
the Consumer Protection Act; providing felony
classification for certain offenses; amending 15 O.S.
2021, Section 765.3, which relates to the Home Repair
Fraud Act; providing felony classification for
certain offense; amending 15 O.S. 2021, Section 767,
which relates to closing out sales; providing felony
classification for certain offense; amending 15 O.S.
2021, Sections 776.1 and 776.6, which relate to
fraudulent electronic mail; providing felony
classification for certain offenses; amending 17 O.S.
2021, Section 16, which relates to the destruction of
corporate transaction business records; providing
felony classification for certain offense; amending
18 O.S. 2021, Section 411, which relates to the
misapplication of solicited funds; providing felony
classification for certain offense; amending 18 O.S.
2021, Sections 553.1 and 553.3, which relate to the
Oklahoma Solicitation of Charitable Contributions
Act; providing felony classification for certain
offenses; amending 19 O.S. 2021, Sections 90 and 91,
which relate to failure by election officers to
perform certain duties; providing felony
classification for certain offense; amending 19 O.S.
2021, Section 686, which relates to the failure of
county officers to perform certain duties; providing
felony classification for certain offense; amending
21 O.S. 2021, Sections 318, 320, 321 and 322, which
relate to soliciting and accepting bribes by members
of the State Legislature; providing felony
ENR. H. B. NO. 2104 Page 17
classification for certain offenses; amending 21 O.S.
2021, Section 334, which relates to soliciting funds
to promote legislation; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 355, 357, 358 and 359, which relate to
the unlawful furnishing of public supplies for
consideration; providing felony classification for
certain offenses; amending 21 O.S. 2021, Sections 381
and 399, which relate to bribery and corruption
offenses; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 425, which
relates to conspiracy offenses; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 443 and 445, which relate to escapes
from penal institutions; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 453 and 456, which relate to
falsifying evidence; providing felony classification
for certain offenses; amending 21 O.S. 2021, Sections
461, 462 and 463, which relate to forging, stealing
and falsifying public records; providing felony
classification for certain offenses; amending 21 O.S.
2021, Sections 491, 496, 500, 504 and 505, which
relate to perjury offenses; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 531, which relates to the destruction
of records; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 540C,
which relates to fortifying access points; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 543, which relates to
concealing crimes in exchange for money or property;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 579, which relates to
substituting a child; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
588, which relates to recording grand or petit jury
proceedings; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 861,
which relates to procuring an abortion; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 872, which relates to adultery;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 883 and 884, which
relate to bigamy offenses; providing felony
ENR. H. B. NO. 2104 Page 18
classification for certain offenses; amending 21 O.S.
2021, Sections 954, 984, 986, 987 and 988, which
relate to offenses related to confidence games and
gambling; providing felony classification for certain
offenses; amending 21 O.S. 2021, Sections 1031, as
last amended by Section 2, Chapter 267, O.S.L. 2024,
1040.80, as amended by Section 32, Chapter 59, O.S.L.
2024 and 1040.13b, as amended by Section 1, Chapter
214, O.S.L. 2024 (21 O.S. Supp. 2024, Sections 1031,
1040.80 and 1040.13b), which relate to the Oklahoma
Law on Obscenity and Child Pornography; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1125, which relates to zone of
safety for sex offenders; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 1161 and 1162, which relate to the
unlawful removal and purchasing of dead bodies;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1171, which relates to
Peeping Toms; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1172,
which relates to obscene communications; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1192, which relates to the
spread of infectious diseases; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1229, which relates to altering the
appearance of livestock; providing felony
classification for certain offense; amending 21 O.S.
Sections 1230.3, 1230.4, 1230.5 and 1230.6, which
relate to the Environmental Crimes Act; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1265.4, which relates to the
Sabotage Prevention Act; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1278, which relates to the unlawful
intent to carry firearms; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1320.10, which relates to riots;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 1411, 1412, 1414 and
1415, which relate to fraudulent bills of lading and
warehouse receipts; providing felony classification
for certain offenses; amending 21 O.S. 2021, Sections
1483, 1485, 1486 and 1488, which relate to extortion
ENR. H. B. NO. 2104 Page 19
and blackmail; providing felony classification for
certain offenses; amending 21 O.S. 2021, Section
1521, which relates to bogus check for motor vehicle
leases or rentals; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
1533.1, which relates to identity theft; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1544, which relates to false
negotiable papers; providing felony classification
for certain offense; amending 21 O.S. 2021, Sections
1550.28, 1550.31, 1550.33 and 1550.41, which relate
to the Oklahoma Credit Card Crime Act of 1970;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1550, which relates to
committing a felony with a firearm that has an
altered or defaced serial number; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 1571, 1572, 1573, 1574, 1580, 1581,
1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1590,
1591 and 1593, which relate to second degree forgery
offenses; providing felony classification for certain
offenses; amending 21 O.S. 2021, Section 1621, which
relates to third degree felony; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1639, which relates to fraudulent
insolvency of unlicensed insurance business;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1663, which relates to
Workers' Compensation fraud; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1681, which relates to poisoning
animals; providing felony classification for certain
offense; amending 21 O.S. 2021, Sections 1719,
1719.1, 1723, 1726, 1727 and 1728, which relate to
larceny offenses; providing felony classification for
certain offenses; amending 21 O.S. 2021, Sections
1751 and 1752.1, which relate to offenses concerning
trains and railroad property; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1767.1, which relates to the use or
threats to use incendiary devices; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1777, which relates to the removal or
injury of piles; providing felony classification for
certain offense; amending 21 O.S. 2021, Section 1837,
ENR. H. B. NO. 2104 Page 20
which relates to substances or explosives in unginned
cotton; providing felony classification for certain
offense; amending 21 O.S. 2021, Sections 1873 and
1874, which relate to the sale or manufacture of
unlawful telecommunication devices; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1904, which relates to the Bus
Passenger Safety Act; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
1958, which relates to the Oklahoma Computer Crimes
Act; providing felony classification for certain
offense; amending 21 O.S. 2021, Sections 1976, 1977,
1978 and 1979, which relate to the unlawful
reproduction and sale of sound recordings; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1980, which relates to
counterfeit labels; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
1990.2, which relates to the Trademark Anti-
Counterfeiting Act; providing felony classification
for certain offenses; amending 21 O.S. 2021, Section
1993, which relates to the Laser Safety Act;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 2100.1, which relates
to ice cream truck vending; providing felony
classification for certain offense; amending 22 O.S.
2021, Section 60.6, which relates to the Protection
from Domestic Abuse Act; providing felony
classification for certain offenses; amending 22 O.S.
2021, Section 1263, which relates to the sale of
seized liquor; providing felony classification for
certain offenses; amending 22 O.S. 2021, Section
1264, which relates to false affidavits by an
officer; providing felony classification for certain
offense; amending 26 O.S. 2021, Section 9-118, which
relates to breaking or tampering with voting devices;
providing felony classification for certain offense;
amending 26 O.S. 2021, Sections 16-101, 16-102, 16-
102.1, 16-102.2, 16-103, 16-103.1, 16-104, 16-105,
16-106, 16-107, 16-108, 16-109 and 16-120, which
relate to offenses in violation of the election code;
providing felony classification for certain offenses;
amending 27A O.S. 2021, Section 2-7-109, which
relates to the Oklahoma Hazardous Waste Management
Act; providing felony classification for certain
ENR. H. B. NO. 2104 Page 21
offense; amending 27A O.S. 2021, Sections 2-10-302
and 2-10-801, which relate to the Oklahoma Solid
Waste Management Act; providing felony classification
for certain offenses; amending 36 O.S. 2021, Section
311.1, which relates to fraudulent or false
statements by insurer; providing felony
classification for certain offenses; amending 36 O.S.
2021, Section 1435.26, which relates to the Oklahoma
Producer Licensing Act; providing felony
classification for certain offenses; amending 36 O.S.
2021, Section 1643, which relates to failure to file
insurance statements by insurer; providing felony
classification for certain offenses; amending 36 O.S.
2021, Section 6130, which relates to prepaid funeral
benefits; providing felony classification for certain
offense; amending 37A O.S. 2021, Sections 3-101, 6-
101 and 6-123, which relate to Oklahoma Alcoholic
Beverage Control Act; providing felony classification
for certain offenses; amending 40 O.S. 2021, Section
5-107, which relates to the Employment Security Act
of 1980; providing felony classification for certain
offense; amending 40 O.S. 2021, Section 169, which
relates to hiring armed guards without permits;
providing felony classification for certain offense;
amending 40 O.S. 2021, Section 183, which relates to
entering boilers while under pressure; providing
felony classification for certain offense; amending
42 O.S. 2021, Sections 142.4 and 142.6, which relate
to fraudulent statements on certain liens; providing
felony classification for certain offenses; amending
43 O.S. 2021, Section 14, which relates to performing
unlawful marriages; providing felony classification
for certain offense; amending 43 O.S. 2021, Section
123, which relates to remarrying and cohabitating;
providing felony classification for certain offense;
amending 43A O.S. 2021, Sections 2-219 and 3-601, as
amended by Section 2, Chapter 250, O.S.L. 2023 (43A
O.S. Supp. 2024, Section 3-601), which relate to the
Mental Health Law; providing felony classification
for certain offenses; amending 43A O.S. 2021, Section
11-113, which relates to the Advance Directives for
Mental Health Treatment Act; providing felony
classification for certain offense; amending 47 O.S.
2021, Sections 4-102, 4-103, 4-107, as amended by
Section 35, Chapter 282, O.S.L. 2022, 4-107a and 4-
ENR. H. B. NO. 2104 Page 22
110 (47 O.S. Supp. 2024, Section 4-107), which relate
to motor vehicle anti-theft laws; providing felony
classification for certain offenses; amending 47 O.S.
2021, Section 6-301, as amended by Section 76,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, Section
6-301), which relates to the unlawful use of a driver
license or identification card; providing felony
classification for certain offense; amending 47 O.S.
2021, Section 11-207, which relates to interfering
with traffic-control devices or railroad signs;
providing felony classification for certain offense;
amending 47 O.S. 2021, Section 17-102, which relates
to penalties for violations of the Uniform Vehicle
Code; providing felony classification for certain
offense; amending 52 O.S. 2021, Sections 108, 114,
115 and 117, which relate to perjury, obstruction,
conspiracy and bribery; providing felony
classification for certain offenses; amending 52 O.S.
Section 235, which relates to the misappropriation of
gas; providing felony classification for certain
offense; amending 56 O.S. 2021, Section 26.18, which
relates to fraud in obtaining emergency relief or
assistance; providing felony classification for
certain offense; amending 56 O.S. 2021, Sections 1005
and 1005.1, which relate to the Oklahoma Medicaid
Program Integrity Act; providing felony
classification for certain offenses; amending 57 O.S.
2021, Section 22, receiving compensation for
providing goods or services to inmates; providing
felony classification for certain offense; amending
57 O.S. 2021, Section 222, which relates to the
Prisoners Public Works Act; providing felony
classification for certain offense; amending 57 O.S.
2021, Section 599, which relates to the Mary Rippy
Violent Crime Offenders Registration Act; providing
felony classification for certain offense; amending
59 O.S. 2021, Section 328.49, which relates to the
State Dental Act; providing felony classification for
certain offense; amending 59 O.S. 2021, Sections
353.17A, 353.24 and 353.25, which relate to the
Oklahoma Pharmacy Act; providing felony
classification for certain offenses; amending 59 O.S.
2021, Section 396.33, which relates to the Funeral
Services License Act; providing felony classification
for certain offense; amending 59 O.S. 2021, Section
ENR. H. B. NO. 2104 Page 23
491, which relates to the Oklahoma Allopathic Medical
and Surgical Licensure and Supervision Act; providing
felony classification for certain offense; amending
59 O.S. 2021, Section 638, which relates to the
Oklahoma Osteopathic Medicine Act; providing felony
classification for certain offenses; amending 59 O.S.
2021, Section 1044, which relates to the Oklahoma
Inspectors Act; providing felony classification for
certain offense; amending 59 O.S. 2021, Section 1322,
which relates to perjury on affidavit of undertaking;
providing felony classification for certain offense;
amending 59 O.S. 2021, Section 1335, which relates to
noncompliance with personal recognizance; providing
felony classification for certain offense; amending
59 O.S. 2021, Section 1512, which relates to the
Oklahoma Pawnshop Act; providing felony
classification for certain offense; amending 59 O.S.
2021, Section 1750.11, which relates to the Oklahoma
Security Guard and Private Investigator Act;
providing felony classification for certain offense;
amending 61 O.S. 2021, Sections 115 and 116, which
relate to the Public Competitive Bidding Act of 1974;
providing felony classification for certain offenses;
amending 62 O.S. 2021, Section 81, which relates to
false or illegal vouchers; providing felony
classification for certain offense; amending 62 O.S.
2021, Section 604, which relates to the Uniform
Facsimile Signature of Public Officials Act;
providing felony classification for certain offense;
amending 63 O.S. 2021, Section 2-404, which relates
to the Uniform Controlled Dangerous Substances Act;
providing felony classification for certain offenses;
amending 63 O.S. 2021, Sections 2200.16A and
2200.17A, which relate to the Oklahoma Uniform
Anatomical Gift Act; providing felony classification
for certain offenses; amending 63 O.S. 2021, Sections
4209, 4209.1, 4209.2, 4209.3 and 4209.4, which relate
to the Oklahoma Boating Safety Regulation Act;
providing felony classification for certain offenses;
amending 64 O.S. 2021, Section 1026, which relates to
destroying or forging records of the Commissioners of
the Land Office; providing felony classification for
certain offense; amending 64 O.S. 2021, Section 1094,
which relates to unauthorized prospecting of minerals
on certain land; providing felony classification for
ENR. H. B. NO. 2104 Page 24
certain offense; amending 66 O.S. 2021, Section 304,
which relates to the Railroad Revitalization Act;
providing felony classification for certain offense;
amending 66 O.S. 2021, Section 324, which relates to
the Oklahoma Tourism and Passenger Rail Act;
providing felony classification for certain offense;
amending 67 O.S. Section 83, which relates to
obstructing the copying of certain records; providing
felony classification for certain offense; amending
68 O.S. 2021, Sections 240.1 and 241, which relate to
the Uniform Tax Procedure Code; providing felony
classification for certain offenses; amending 68 O.S.
2021, Sections 450.8 and 450.9, which relate to
failure to affix, remove or prepare fraudulent tax
stamps on controlled dangerous substances; providing
felony classification for certain offenses; amending
68 O.S. 2021, Section 2003, which relates to false
oaths; providing felony classification for certain
offense; amending 68 O.S. 2021, Section 2376, which
relates to submitting false tax returns; providing
felony classification for certain offense; amending
68 O.S. 2021, Section 2920, which relates to the
submission of false tax receipts; providing felony
classification for certain offense; amending 68 O.S.
2021, Section 2945, as amended by Section 4, Chapter
349, O.S.L. 2022 (68 O.S. Supp. 2024, Section 2945),
which relates to fraudulent lists of taxable
information; providing felony classification for
certain offense; amending 68 O.S. 2021, Section 3609,
which relates to the Oklahoma Quality Jobs Program
Act; providing felony classification for certain
offense; amending 68 O.S. 2021, Section 3807, which
relates to the Former Miliary Facility Development
Act; providing felony classification for certain
offense; amending 68 O.S. 2021, Section 4109, which
relates to the Oklahoma Specialized Quality
Investment Act; providing felony classification for
certain offense; amending 68 O.S. 2021, Section 4209,
which relates to the Oklahoma Quality Investment Act;
providing felony classification for certain offense;
amending 69 O.S. 2021, Section 310, which relates to
conflicts of interest of the State Highway
Commission; providing felony classification for
certain offense; amending 69 O.S. 2021, Section 1705,
which relates to powers and duties of the Oklahoma
ENR. H. B. NO. 2104 Page 25
Turnpike Authority; providing felony classification
for certain offense; amending 69 O.S. 2021, Section
1802, which relates to penalties for felony
violations of the Oklahoma Highway Code of 1968;
providing felony classification for certain offense;
amending 70 O.S. 2021, Section 23-106, which relates
to powers and duties of the Oklahoma Educational
Television Authority; providing felony classification
for certain offense; amending 70 O.S. 2021, Section
3909, which relates to the altering or destroying of
audit records; providing felony classification for
certain offense; amending 70 O.S. 2021, Section 4306,
which relates to the misappropriation of gifts,
devises and bequests at higher educational
institutions; providing felony classification for
certain offense; amending 71 O.S. 2021, Sections 453,
455 and 460, which relate to the Oklahoma Take-over
Disclosure Act of 1985; providing felony
classification for certain offenses; amending 73 O.S.
2021, Section 162, which relates to the unlawful
transaction of business for profit by employees or
officers of the Oklahoma Capitol Improvement
Authority; providing felony classification for
certain offense; amending 74 O.S. 2021, Section
85.45h, which relates to the Oklahoma Minority
Business Enterprise Assistance Act; providing felony
classification for certain offense; amending 74 O.S.
2021, Section 85.47h, which relates to the Oklahoma
Small Business Surety Bond Guaranty Program Act;
providing felony classification for certain offense;
amending 74 O.S. 2021, Section 150.9, which relates
to false or altered criminal history records;
providing felony classification for certain offense;
amending 74 O.S. 2021, Section 3404, which relates to
the Anti-Kickback Act of 1974; providing felony
classification for certain offense; amending 79 O.S.
2021, Sections 101 and 103, which relate to
prohibited agreements regarding bridges, roads or
highways; providing felony classification for certain
offense; amending 82 O.S. 2021, Section 1086.3, which
relates to unlawful business transactions for profit
by members of the Water Resources Board; providing
felony classification for certain offense; amending
82 O.S. 2021, Section 1281, which relates to
conflicts of interest; providing felony
ENR. H. B. NO. 2104 Page 26
classification for certain offense; amending 84 O.S.
2021, Section 55, which relates to falsely executing
written declarations; providing felony classification
for certain offense; amending 85A O.S. 2021, Section
6, which relates to the Administrative Workers'
Compensation Act; providing felony classification for
certain offense; amending 21 O.S. 2021, Sections 434,
436, and 444, which relate to escapes from
penitentiaries and peace officers; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 650.5, as amended by Section 2, Chapter
140, O.S.L. 2023 (21 O.S. Supp. 2024, Section 650.5),
which relates to penalties for assault and battery
offenses; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 852, which
relates to failing to provide support for a child;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 856.2, which relates
to harboring a runaway child; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1272.3, which relates to the unlawful
discharge of stun guns, tear gas or pepper mace;
providing felony classification for certain offense;
amending 21 O.S. Section 1289.18, which relates to
the Oklahoma Firearms Act of 1971; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1304, which relates to mailing
threatening letters; providing felony classification
for certain offense; amending 63 O.S. 2021, Sections
1-731 and 1-733, which relate to abortions; providing
felony classification for certain offenses; amending
63 O.S. 2021, Section 1-737.9, which relates to the
Oklahoma Unborn Child Protection from Dismemberment
Abortion Act; providing felony classification for
certain offense; amending 63 O.S. 2021, Section 1-
738.14, which relates to the Unborn Child Pain
Awareness/Prevention Act; providing felony
classification for certain offense; amending 63 O.S.
2021, Section 1-740.4b, which relates to using false
government records to obtain abortion; providing
felony classification for certain offense; amending
63 O.S. 2021, Section 1-745.7, which relates to the
Pain-Capable Unborn Child Protection Act; providing
felony classification for certain offense; amending
63 O.S. 2021, Section 1-746.7, which relates to
ENR. H. B. NO. 2104 Page 27
consent to abortion; providing felony classification
for certain offense; amending 63 O.S. 2021, Section
1-749, which relates to the preservation of fetal
tissue; providing felony classification for certain
offense; amending 2 O.S. 2021, Section 2-18, which
relates to the Oklahoma Agriculture Code; providing
felony classification for certain offense; amending 2
O.S. 2021, Section 5-106, which relates to the
Oklahoma Farm Animal, Crop, and Research Facilities
Protection Act; providing felony classification for
certain offense; amending 2 O.S. 2021, Section 6-94,
which relates to permanent branding of animals;
providing felony classification for certain offense;
amending 2 O.S. 2021, Section 6-125, which relates to
quarantined livestock; providing felony
classification for certain offense; amending 2 O.S.
2021, Sections 6-151 and 6-155, which relate to
penalties for transporting livestock without health
certificates; providing felony classification for
certain offenses; amending 2 O.S. 2021, Sections 6-
190, 6-191, 6-192, 6-194, 6-197, 6-199, 6-200 and 6-
207, which relate to the Oklahoma Meat Inspection
Act; providing felony classification for certain
offenses; amending 2 O.S. 2021, Sections 6-258, 6-
259, 6-260, 6-261, 6-262 and 6-264, which relate to
the Oklahoma Poultry Products Inspection Act;
providing felony classification for certain offenses;
amending 2 O.S. 2021, Section 6-611, which relates to
the Feral Swine Control Act; providing felony
classification for certain offense; amending 2 O.S.
2021, Section 9-37, which relates to the Public
Warehouse and Commodity Indemnity Act; providing
felony classification for certain offense; amending 2
O.S. 2021, Section 9-132, which relates to the
Livestock Auction Market Act; providing felony
classification for certain offense; amending 2 O.S.
2021, Section 11-2, which relates to ungraded
agricultural products; providing felony
classification for certain offense; amending 2 O.S.
2021, Section 11-94, which relates to the Oklahoma
Scrap Metal Dealers Act; providing felony
classification for certain offenses; amending 2 O.S.
2021, Section 16-6, which relates to the Oklahoma
Forestry Code; providing felony classification for
certain offense; amending 2 O.S. 2021, Section 16-59,
ENR. H. B. NO. 2104 Page 28
which relates to the removal of timber products from
state lands; providing felony classification for
certain offense; amending 2 O.S. 2021, Sections 16-60
and 16-63, which relate to wrongful injuries to and
fraudulent sales of timber; providing felony
classification for certain offenses; amending 2 O.S.
2021, Section 16-66, which relates to false
declaration of ownership; providing felony
classification for certain offense; amending 3 O.S.
2021, Section 281, which relates to the installation
of nonconforming fuel tanks; providing felony
classification for certain offenses; amending 3A O.S.
2021, Section 203.6, which relates to the Oklahoma
Horse Racing Act; providing felony classification for
certain offense; amending 3A O.S. 2021, Sections 504
and 505, which relate to the Amusement and Carnival
Games Act; providing felony classification for
certain offenses; amending 4 O.S. 2021, Section
85.11, which relates to unlawfully taking up or
concealing estrays; providing felony classification
for certain offense; amending 6 O.S. 2021, Section
808, which relates to the Oklahoma Banking Code;
providing felony classification for certain offense;
amending 11 O.S. 2021, Section 39-113, which relates
to the Improvement District Act; providing felony
classification for certain offense; amending 12 O.S.
2021, Section 65, which relates to false valuations
of real estate; providing felony classification for
certain offense; amending 12 O.S. 2021, Section 923,
which relates to falsely swearing on affidavit;
providing felony classification for certain offense;
amending 15 O.S. 2021, Section 567, which relates to
contracts for sale of future deliveries of certain
commodities; providing felony classification for
certain offense; amending 17 O.S. Section 158.59,
which relates to unlawful acts relating to rural
electric cooperatives; providing felony
classification for certain offense; amending 17 O.S.
2021, Section 191.11, which relates to the Electric
Restructuring Act of 1997; providing felony
classification for certain offense; amending 18 O.S.
2021, Section 381.73, which relates to the Oklahoma
Savings and Loan Code; providing felony
classification for certain offense; amending 19 O.S.
2021, Sections 28 and 29, which relate to election
ENR. H. B. NO. 2104 Page 29
officers who neglect official duties and bribery;
providing felony classification for certain offenses;
amending 19 O.S. 2021, Section 92, which relates to
bribery; providing felony classification for certain
offense; amending 19 O.S. 2021, Sections 112 and 123,
which relate to county depositories; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 187.1 and 187.2, which relate to
campaign contributions; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 275, which relates to gratuity or
reward for appointing another to a public office;
providing felony classification for certain offense;
amending 21 O.S. 2021, Sections 306 and 307, which
relate to altering bills or resolutions; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 360, which relates to coercing
political participation of state employees; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 372, which relates to the
mutilation of United States flag; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 384 and 400, which relate to bribery
and corruption offenses; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 451, which relates to falsifying
evidence; providing felony classification for certain
offense; amending 21 O.S. 2021, Section 567A, which
relates to the violation of child custody orders;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 589, which relates to
false reporting of crimes; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 590, which relates to the unlawful
disposal of government records; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 815 and 818, which relate to suicide;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 950, which relates to
gambling offenses; providing felony classification
for certain offense; amending 21 O.S. 2021, Sections
1053, 1066 and 1068, which relate to lotteries;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1092, which relates to
exhibiting stolen goods; providing felony
ENR. H. B. NO. 2104 Page 30
classification for certain offense; amending 21 O.S.
2021, Section 1163, which relates to the unlawful
interference with burial places; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 1168.1, 1168.4 and 1168.6, which
relate to human skeletal remains; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1174, which relates to burning crosses;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1214, which relates to
the unlawful receiving of transmissions made by law
enforcement; providing felony classification for
certain offense; amending 21 O.S. 2021, Section
1267.1, which relates to overthrowing the government
by force or violence; providing felony classification
for certain offense; amending 21 O.S. 2021, Section
1282, which relates to slungshots; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1442, which relates to the possession
of burglary tools; providing felony classification
for certain offense; amending 21 O.S. 2021, Sections
1503 and 1506, which relate to defrauding owners of
hotels or restaurants and mock auctions; providing
felony classification for certain offenses; amending
21 O.S. 2021, Sections 1542 and 1543, which relate to
obtaining property by false pretenses; providing
felony classification for certain offenses; amending
21 O.S. 2021, Section 1550.32, which relates to the
Oklahoma Credit Card Crime Act of 1970; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1662, which relates to
fraudulent insurance claims; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 1753 and 1753.8, which relate to
injuries to highways and stealing road signs;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1755, which relates to
injuries to toll houses or gates; providing felony
classification for certain offense; amending 21 O.S.
2021, Sections 1760 and 1765, which relate to
malicious injury to property and house of worship;
providing felony classification for certain offenses;
amending 21 O.S. 2021, Section 1785, which relates to
injuring public works of art or literature; providing
felony classification for certain offense; amending
ENR. H. B. NO. 2104 Page 31
21 O.S. 2021, Sections 1786 and 1791, which relate to
injuries to gas or water pipes and fences; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1792, which relates to trespass
on critical infrastructure facilities; providing
felony classification for certain offense; amending
21 O.S. 2021, Section 1834, which relates to the
willful disposal or damage of encumbered property;
providing felony classification for certain offense;
amending 21 O.S. 2021, Section 1861, which relates to
telephone solicitations; providing felony
classification for certain offense; amending 21 O.S.
2021, Section 1871, which relates to unlawful
avoidance of paying service charges; providing felony
classification for certain offenses; amending 21 O.S.
2021, Section 1872, which relates to possession of
unlawful telecommunication or cloning devices;
providing felony classification for certain offenses;
amending 22 O.S. 2021, Section 60.4, as amended by
Section 7, Chapter 318, O.S.L. 2022 (22 O.S. Supp.
2024, Section 60.4), which relates to the Protection
from Domestic Abuse Act; providing felony
classification for certain offense; amending 22 O.S.
2021, Section 1110, which relates to bail jumping;
providing felony classification for certain offense;
amending 34 O.S. 2021, Section 23, which relates to
falsely signing or destroying petitions for
referendum; providing felony classification for
certain offense; amending 36 O.S. 2021, Section
2737.1, which relates to fraudulent statements
related to applications into fraternal benefit
societies; providing felony classification for
certain offense; amending 37A O.S. 2021, Sections 6-
115, 6-116, 6-117, 6-120, 6-121 and 6-129, which
relate to the Oklahoma Alcoholic Beverage Control
Act; providing felony classification for certain
offenses; amending 40 O.S. 2021, Sections 181 and
182, which relate to the unlawful repair of steam
boilers; providing felony classification for certain
offenses; amending 44 O.S. 2021, Section 210, which
relates to assault on members of the National Guard;
providing felony classification for certain offense;
amending 47 O.S. 2021, Section 579.1, as amended by
Section 17, Chapter 240, O.S.L. 2024 (47 O.S. Supp.
2024, Section 579.1), which relates to the unlawful
ENR. H. B. NO. 2104 Page 32
brokering of vehicles; providing felony
classification for certain offense; amending 56 O.S.
2021, Section 183, which relates to the unlawful use
or publishing of certain information; providing
felony classification for certain offense; amending
56 O.S. 2021, Section 185, which relates to public
assistance fraud; providing felony classification for
certain offense; amending 56 O.S. 2021, Section 243
which relates to food stamp fraud; providing felony
classification for certain offenses; amending 57 O.S.
2021, Section 13, which relates to prison escapes;
providing felony classification for certain offense;
amending 59 O.S. 2021, Section 15.26, which relates
to the Oklahoma Accountancy Act; providing felony
classification for certain offense; amending 59 O.S.
2021, Section 328.49, which relates to the State
Dental Act; providing felony classification for
certain offense; amending 59 O.S. 2021, Sections
1350.2, 1350.4, 1350.12 and 1350.16, which relate to
the Bail Enforcement and Licensing Act; providing
felony classification for certain offenses; amending
59 O.S. 2021, Section 1529, which relates to the
Precious Metal and Gem Dealer Licensing Act;
providing felony classification for certain offense;
amending 61 O.S. 2021, Section 114, which relates to
the Public Competitive Bidding Act of 1974; providing
felony classification for certain offense; amending
62 O.S. 2021, Section 89.11, which relates to willful
interference with inspections or destruction of
transaction records; providing felony classification
for certain offense; amending 63 O.S. 2021, Section
1-324.1, which relates to unlawfully issuing birth,
death and stillbirth certificates; providing felony
classification for certain offense; amending 63 O.S.
2021, Section 1-757.10, which relates to the Oklahoma
Abortion-Inducing Drug Certification Program Act;
providing felony classification for certain offense;
amending 63 O.S. 2021, Section 2-307, which relates
to the Uniform Controlled Dangerous Substances Act;
providing felony classification for certain offense;
amending 63 O.S. 2021, Sections 2-312.1 and 2-314,
which relate to the Anti-Drug Diversion Act;
providing felony classification for certain offenses;
amending 63 O.S. 2021, Section 2-405, which relates
to offenses and penalties of the Uniform Controlled
ENR. H. B. NO. 2104 Page 33
Dangerous Substances Act; providing felony
classification for certain offense; amending 63 O.S.
2021, Section 3101.11, which relates to the Oklahoma
Advance Directive Act; providing felony
classification for certain offenses; amending 63 O.S.
2021, Section 4009.1, as amended by Section 206,
Chapter 282, O.S.L. 2022 (63 O.S. Supp. 2024, Section
4009.1), which relates to the Oklahoma Vessel and
Motor Registration Act; providing felony
classification for certain offense; amending 64 O.S.
2021, Sections 1017, 1018 and 1029, which relate to
offenses concerning property transaction and property
of the Commissioners of the Land Office; providing
felony classification for certain offenses; amending
68 O.S. 2021, Section 317.1, which relates to
delivery or sale of cigarettes to minors; providing
felony classification for certain offense; amending
68 O.S. 2021, Section 349.1, which relates to the
sale of contraband cigarettes; providing felony
classification for certain offense; amending 68 O.S.
2021, Section 426, which relates to shipping, selling
or purchasing contraband tobacco products; providing
felony classification for certain offense; amending
68 O.S. 2021, Section 1364, as last amended by
Section 1, Chapter 203, O.S.L. 2021 (68 O.S. Supp.
2024, Section 1364), which relates to the Oklahoma
Sales Tax Code; providing felony classification for
certain offense; amending 68 O.S. 2021, Section 1625,
which relates to perjury on fireworks affidavit;
providing felony classification for certain offense;
amending 68 O.S. 2021, Section 2861, which relates to
the Ad Valorem Tax Code; providing felony
classification for certain offense; amending 68 O.S.
2021, Section 3908, which relates to the Small
Employer Quality Jobs Incentive Act; providing felony
classification for certain offense; amending 69 O.S.
2021, Section 1213, which relates to obstructing or
damaging roads or traffic-control devices; providing
felony classification for certain offense; amending
70 O.S. 2021, Section 17-110, which relates to
falsifying teacher retirement system records;
providing felony classification for certain offense;
amending 71 O.S. 2021, Sections 621, 626 and 631, as
amended by Sections 3 and 6, Chapter 78, O.S.L. 2022,
641, 653, 654 and 658 (71 O.S. Supp. 2024, Sections
ENR. H. B. NO. 2104 Page 34
626 and 631), which relate to the Oklahoma
Subdivision Land Sales Code; providing felony
classification for certain offenses; amending 72 O.S.
2021, Section 6-1, which relates to impersonating
members or veterans of the United States Armed
Forces; providing felony classification for certain
offenses; amending 74 O.S. 2021, Section 217, which
relates to false reports made by the State Auditor
and Inspector; providing felony classification for
certain offense; amending 82 O.S. 2021, Section 674,
which relates to the Conservancy Act of Oklahoma;
providing felony classification for certain offense;
amending 85A O.S. 2021, Section 38, which relates to
the Administrative Workers' Compensation Act;
providing felony classification for certain offense;
and providing an effective date.

SUBJECT: Classification of felony offenses

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 21 O.S. 2021, Section 701.7, is
amended to read as follows:

Section 701.7. A. A person commits murder in the first degree
when that person unlawfully and with malice aforethought causes the
death of another human being. Malice is that deliberate intention
unlawfully to take away the life of a human being, which is
manifested by external circumstances capable of proof.

B. A person also commits the crime of murder in the first
degree, regardless of malice, when that person or any other person
takes the life of a human being during, or if the death of a human
being results from, the commission or attempted commission of murder
of another person, shooting or discharge of a firearm or crossbow
with intent to kill, intentional discharge of a firearm or other
deadly weapon into any dwelling or building as provided in Section
1289.17A of this title, forcible rape, robbery with a dangerous
weapon, kidnapping, escape from lawful custody, eluding an officer,
first degree burglary, first degree arson, unlawful distributing or
ENR. H. B. NO. 2104 Page 35
dispensing of controlled dangerous substances or synthetic
controlled substances, trafficking in illegal drugs, or
manufacturing or attempting to manufacture a controlled dangerous
substance.

1. Except as provided in paragraph 3 of this subsection, the
term "synthetic controlled substance" means a substance:

a. the chemical structure of which is substantially
similar to the chemical structure of a controlled
substance in Schedule I or II,

b. which has a stimulant, depressant, or hallucinogenic
effect on the central nervous system that is
substantially similar to or greater than the
stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance in
Schedule I or II, or

c. with respect to a particular person, which such person
represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system
that is substantially similar to or greater than the
stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance in
Schedule I or II.

2. The designation of gamma butyrolactone does not preclude a
finding pursuant to paragraph 1 of this subsection that the chemical
is a synthetic controlled substance.

3. Such term does not include:

a. a controlled substance,

b. any substance for which there is an approved new drug
application,

c. with respect to a particular person any substance, if
an exemption is in effect for investigational use, for
that person, under Section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355) to the extent
conduct with respect to such substance is pursuant to
such exemption, or

ENR. H. B. NO. 2104 Page 36
d. any substance to the extent not intended for human
consumption before such an exemption takes effect with
respect to that substance.

C. A person commits murder in the first degree when the death
of a child results from the willful or malicious injuring,
torturing, maiming or using of unreasonable force by said person or
who shall willfully cause, procure or permit any of said acts to be
done upon the child pursuant to Section 843.5 of this title. It is
sufficient for the crime of murder in the first degree that the
person either willfully tortured or used unreasonable force upon the
child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person
unlawfully and with malice aforethought solicits another person or
persons to cause the death of a human being in furtherance of
unlawfully manufacturing, distributing or dispensing controlled
dangerous substances, as defined in the Uniform Controlled Dangerous
Substances Act, unlawfully possessing with intent to distribute or
dispense controlled dangerous substances, or trafficking in illegal
drugs.

E. A person commits murder in the first degree when that person
intentionally causes the death of a law enforcement officer,
correctional officer, or corrections employee while the officer or
employee is in the performance of official duties.

F. A person who violates any of the provisions provided for in
this section shall, upon conviction, be guilty of a Class Y felony
offense.

SECTION 2. AMENDATORY 21 O.S. 2021, Section 1268.2, is
amended to read as follows:

Section 1268.2. A. Every act of terrorism is a felony.

B. A person convicted of terrorism shall be guilty of a Class
A3 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for a term not exceeding
life.

C. A person who kills another person or who causes the death of
another person in the commission of an act of terrorism shall be
guilty of murder in the first degree, a Class Y felony offense.

ENR. H. B. NO. 2104 Page 37
D. A person convicted of biochemical terrorism shall be guilty
of a Class B1 felony offense and shall be ordered, in addition to
the punishment imposed for the act of terrorism, to reimburse the
cost of any emergency personnel, equipment, supplies, and other
expenses incurred by the state and any political subdivision as a
result of responding to such act of terrorism.

E. The punishment for terrorism shall be in addition to any
penalty imposed for any individual offense or offenses involved in
the act or acts of terrorism.

SECTION 3. AMENDATORY 21 O.S. 2021, Section 644, as
amended by Section 1, Chapter 38, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 644), is amended to read as follows:

Section 644. A. Assault shall be punishable by imprisonment in
a county jail not exceeding thirty (30) ninety (90) days, or by a
fine not more than Five Hundred Dollars ($500.00), or by both such
fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a
county jail not exceeding ninety (90) days six (6) months, or by a
fine not more than One Thousand Dollars ($1,000.00), or by both such
fine and imprisonment.

C. Any person who commits any assault and battery against a
current or former intimate partner or a family or household member
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
shall be guilty of domestic abuse. Upon conviction, the defendant
shall be punished by imprisonment in the county jail for not more
than one (1) year, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment. Upon conviction
for a second or subsequent offense, the person shall be guilty of a
Class B5 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for not more than four (4)
years, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or by both such fine and imprisonment. The provisions of Section
51.1 of this title shall apply to any second or subsequent offense.

D. 1. Any person who, with intent to do bodily harm and
without justifiable or excusable cause, commits any assault,
battery, or assault and battery upon an intimate partner or a family
or household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weapon, upon
conviction, is guilty of domestic assault or domestic assault and
ENR. H. B. NO. 2104 Page 38
battery with a dangerous weapon which shall be a Class B3 felony and
offense punishable by imprisonment in the custody of the Department
of Corrections not exceeding ten (10) years, or by imprisonment in a
county jail not exceeding one (1) year. The provisions of Section
51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph.

2. Any person who, without such cause, shoots an intimate
partner or a family or household member as defined by Section 60.1
of Title 22 of the Oklahoma Statutes by means of any deadly weapon
that is likely to produce death shall, upon conviction, be guilty of
domestic assault and battery with a deadly weapon which shall be a
Class A3 felony offense punishable by imprisonment in the custody of
the Department of Corrections not exceeding life. The provisions of
Section 51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph.

E. 1. Any person convicted of domestic abuse committed against
a pregnant woman with knowledge of the pregnancy shall be guilty of
a misdemeanor, Class B5 felony offense punishable by imprisonment in
the county jail for not more than one (1) year custody of the
Department of Corrections for not more than five (5) years.

2. Any person convicted of a second or subsequent offense of
domestic abuse against a pregnant woman with knowledge of the
pregnancy shall be guilty of a Class A3 felony, offense punishable
by imprisonment in the custody of the Department of Corrections for
not less than ten (10) years.

3. Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy and a miscarriage
occurs or injury to the unborn child occurs shall be guilty of a
Class A1 felony, offense punishable by imprisonment in the custody
of the Department of Corrections for not less than twenty (20)
years.

F. Any person convicted of domestic abuse as defined in
subsection C of this section that results in great bodily injury to
the victim shall be guilty of a Class B3 felony offense and punished
by imprisonment in the custody of the Department of Corrections for
not more than ten (10) years, or by imprisonment in the county jail
for not more than one (1) year. The provisions of Section 51.1 of
this title shall apply to any second or subsequent conviction of a
violation of this subsection.

ENR. H. B. NO. 2104 Page 39
G. Any person convicted of domestic abuse as defined in
subsection C of this section that was committed in the presence of a
child shall be punished by imprisonment in the county jail for not
less than six (6) months nor more than one (1) year, or by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment. Any person convicted of a second or
subsequent domestic abuse as defined in subsection C of this section
that was committed in the presence of a child shall be guilty of a
Class B5 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for not less than one (1)
year nor more than five (5) years, or by a fine not exceeding Seven
Thousand Dollars ($7,000.00), or by both such fine and imprisonment.
The provisions of Section 51.1 of this title shall apply to any
second or subsequent offense. For every conviction of a domestic
abuse crime in violation of any provision of this section committed
against an intimate partner or a family or household member as
defined by Section 60.1 of Title 22 of the Oklahoma Statutes, the
court shall:

1. Specifically order as a condition of a suspended or deferred
sentence that a defendant participate in counseling or undergo
treatment to bring about the cessation of domestic abuse as
specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to complete an
assessment and follow the recommendations of a batterers’
intervention program certified by the Attorney General. If the
defendant is ordered to participate in a batterers’ intervention
program, the order shall require the defendant to attend the program
for a minimum of fifty-two (52) weeks, complete the program, and be
evaluated before and after attendance of the program by program
staff. Three unexcused absences in succession or seven unexcused
absences in a period of fifty-two (52) weeks from any court-ordered
batterers’ intervention program shall be prima facie evidence of the
violation of the conditions of probation for the district attorney
to seek acceleration or revocation of any probation entered by the
court.

b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify for the
counseling or treatment requirement for domestic abuse pursuant to
this subsection. The counseling may be ordered in addition to
counseling specifically for the treatment of domestic abuse or per
evaluation as set forth below. If, after sufficient evaluation and
attendance at required counseling sessions, the domestic violence
ENR. H. B. NO. 2104 Page 40
treatment program or licensed professional determines that the
defendant does not evaluate as a perpetrator of domestic violence or
does evaluate as a perpetrator of domestic violence and should
complete other programs of treatment simultaneously or prior to
domestic violence treatment, including but not limited to programs
related to the mental health, apparent substance or alcohol abuse or
inability or refusal to manage anger, the defendant shall be ordered
to complete the counseling as per the recommendations of the
domestic violence treatment program or licensed professional;

3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is ordered to
participate in a domestic abuse counseling program or undergo
treatment for domestic abuse to assure the attendance and compliance
of the defendant with the provisions of this subsection and the
domestic abuse counseling or treatment requirements. The court may
suspend sentencing of the defendant until the defendant has
presented proof to the court of enrollment in a program of treatment
for domestic abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the Attorney General
and attendance at weekly sessions of such program. Such proof shall
be presented to the court by the defendant no later than one hundred
twenty (120) days after the defendant is ordered to such counseling
or treatment. At such time, the court may complete sentencing,
beginning the period of the sentence from the date that proof of
enrollment is presented to the court, and schedule reviews as
required by subparagraphs a and b of this paragraph and paragraphs 4
and 5 of this subsection. Three unexcused absences in succession or
seven unexcused absences in a period of fifty-two (52) weeks from
any court-ordered domestic abuse counseling or treatment program
shall be prima facie evidence of the violation of the conditions of
probation for the district attorney to seek acceleration or
revocation of any probation entered by the court.

b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure the attendance
and compliance of the defendant with the provisions of this
subsection and the domestic abuse counseling or treatment
requirements. The court shall retain continuing jurisdiction over
the defendant during the course of ordered counseling through the
final review hearing;

4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
ENR. H. B. NO. 2104 Page 41
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, treatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of Title 22 of the Oklahoma Statutes and subject the
defendant to any or all remaining portions of the original sentence;

6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and

7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1-8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.

The defendant may be required to pay all or part of the cost of
the counseling or treatment, in the discretion of the court.

H. As used in subsection G of this section, “in the presence of
a child” means in the physical presence of a child; or having
knowledge that a child is present and may see or hear an act of
domestic violence. For the purposes of subsections C and G of this
section, “child” may be any child whether or not related to the
victim or the defendant.

I. For the purposes of subsections C and G of this section, any
conviction for assault and battery against an intimate partner or a
family or household member as defined by Section 60.1 of Title 22 of
the Oklahoma Statutes shall constitute a sufficient basis for a
felony charge:

ENR. H. B. NO. 2104 Page 42
1. If that conviction is rendered in any state, county or
parish court of record of this or any other state; or

2. If that conviction is rendered in any municipal court of
record of this or any other state for which any jail time was
served; provided, no conviction in a municipal court of record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felony charge.

J. Any person who commits any assault and battery by
strangulation or attempted strangulation against an intimate partner
or a family or household member as defined by Section 60.1 of Title
22 of the Oklahoma Statutes shall, upon conviction, be guilty of a
Class B5 felony offense of domestic abuse by strangulation and shall
be punished by imprisonment in the custody of the Department of
Corrections for a period not less than one (1) year nor more than
ten (10) years, or by a fine not more than Twenty Thousand Dollars
($20,000.00), or by both such fine and imprisonment. The provisions
of Section 51.1 of this title shall apply to any second or
subsequent conviction of a violation of this subsection. As used in
this subsection, “strangulation” means any form of asphyxia;
including, but not limited to, asphyxia characterized by closure of
the blood vessels or air passages of the neck as a result of
external pressure on the neck or the closure of the nostrils or
mouth as a result of external pressure on the head.

K. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by
the Attorney General;

2. Attend counseling or treatment services ordered as part of
any suspended or deferred sentence or probation; and

3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers, certified by
the Attorney General.

L. There shall be no charge of fees or costs to any victim of
domestic violence, stalking, or sexual assault in connection with
the prosecution of a domestic violence, stalking, or sexual assault
offense in this state.

ENR. H. B. NO. 2104 Page 43
M. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
prosecutor shall provide the court, prior to sentencing or any plea
agreement, a local history and any other available history of past
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violation of a
protective order, or any other violent misdemeanor or felony
convictions.

N. Any plea of guilty or finding of guilt for a violation of
subsection C, F, G, I or J of this section shall constitute a
conviction of the offense for the purpose of this act or any other
criminal statute under which the existence of a prior conviction is
relevant for a period of ten (10) years following the completion of
any court imposed probationary term; provided, the person has not,
in the meantime, been convicted of a misdemeanor involving moral
turpitude or a felony.

O. For purposes of subsection F of this section, “great bodily
injury” means bone fracture, protracted and obvious disfigurement,
protracted loss or impairment of the function of a body part, organ
or mental faculty, or substantial risk of death.

P. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.

SECTION 4. AMENDATORY 21 O.S. 2021, Section 651, is
amended to read as follows:

Section 651. Any person who, with intent to kill, administers
or causes or procures to be administered to another any poison which
is actually taken by such other person but by which death is not
caused shall be guilty of a Class A1 felony offense, punishable by
imprisonment in the State Penitentiary for not less than ten (10)
years.

SECTION 5. AMENDATORY 21 O.S. 2021, Section 701.8, is
amended to read as follows:

Section 701.8. Homicide, a Class A1 felony offense, is murder
in the second degree in the following cases:
ENR. H. B. NO. 2104 Page 44

1. When perpetrated by an act imminently dangerous to another
person and evincing a depraved mind, regardless of human life,
although without any premeditated design to effect the death of any
particular individual; or

2. When perpetrated by a person engaged in the commission of
any felony other than the unlawful acts set out in Section 1,
subsection B, of this act.

SECTION 6. AMENDATORY 21 O.S. 2021, Section 701.9, is
amended to read as follows:

Section 701.9. A. A person who is convicted of or pleads
guilty or nolo contendere to murder in the first degree shall be
guilty of a Class Y felony offense and shall be punished by death,
by imprisonment for life without parole, or by imprisonment for
life. A person who is convicted of or pleads guilty or nolo
contendere to murder in the first degree, as described in subsection
E of Section 701.7 of this title, shall be guilty of a Class Y
felony offense and shall be punished by death or by life without
parole and absent an overwhelming amount of mitigating evidence
shall not be entitled to or afforded the benefit of receiving
imprisonment for life or deferment of the sentence.

B. A person who is convicted of or pleads guilty or nolo
contendere to murder in the second degree shall be guilty of a Class
A1 felony offense punishable by imprisonment in the custody of the
Department of Corrections for not less than ten (10) years nor more
than life.

SECTION 7. AMENDATORY 21 O.S. 2021, Section 745, is
amended to read as follows:

Section 745. A. Every person who, without lawful authority,
forcibly seizes and confines another, or inveigles or kidnaps
another, for the purpose of extorting any money, property or thing
of value or advantage from the person so seized, confined, inveigled
or kidnapped, or from any other person, or in any manner threatens
either by written instrument, word of mouth, message, telegraph,
telephone, by placing an ad in a newspaper, or by messenger, demands
money or other thing of value, shall be guilty of a Class A1 felony
offense, and upon conviction shall suffer death or imprisonment in
the State Penitentiary, for not less than ten (10) years.

ENR. H. B. NO. 2104 Page 45
B. Every person, not a principal in the kidnapping and not a
relative or agent authorized by a relative of a kidnapped person,
but who knowingly aids, assists, or participates in the disposing,
receiving, possession or exchanging of any moneys, property or thing
of value or advantage from the person so seized, confined, inveigled
or kidnapped, shall be guilty of a Class A2 felony offense, and upon
conviction thereof shall be punished by imprisonment in the State
Penitentiary, for not less than five (5) years.

SECTION 8. AMENDATORY 21 O.S. 2021, Section 843.5, as
amended by Section 2, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 843.5), is amended to read as follows:

Section 843.5. A. Any person who shall willfully or
maliciously engage in child abuse, as defined in this section,
shall, upon conviction, be guilty of a Class A3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment.

B. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in enabling child
abuse, as defined in this section, shall, upon conviction, be guilty
of a Class A3 felony offense and shall be punished by imprisonment
in the custody of the Department of Corrections not exceeding life
imprisonment, or by imprisonment in a county jail not exceeding one
(1) year, or by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
such fine and imprisonment.

C. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child neglect,
as defined in this section, shall, upon conviction, be guilty of a
Class B1 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections not exceeding life
imprisonment, or by imprisonment in a county jail not exceeding one
(1) year, or by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
such fine and imprisonment.

D. Any parent or other person who shall willfully or
maliciously engage in enabling child neglect shall, upon conviction,
be guilty of a Class B1 felony offense and shall be punished by
ENR. H. B. NO. 2104 Page 46
imprisonment in the custody of the Department of Corrections not
exceeding life imprisonment, or by imprisonment in a county jail not
exceeding one (1) year, or by a fine of not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment.

E. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, shall, upon conviction, be guilty
of a Class A3 felony offense and shall be punished by imprisonment
in the custody of the Department of Corrections not exceeding life
imprisonment, or by imprisonment in a county jail not exceeding one
(1) year, or by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
such fine and imprisonment, except as provided in Section 51.1a of
this title or as otherwise provided in subsection F of this section
for a child victim under twelve (12) years of age. Except for
persons sentenced to life or life without parole, any person
sentenced to imprisonment for two (2) years or more for a violation
of this subsection shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

F. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, to a child under twelve (12)
years of age shall, upon conviction, be guilty of a Class A1 felony
offense and shall be punished by imprisonment in the custody of the
Department of Corrections for not less than twenty-five (25) years
nor more than life imprisonment, and by a fine of not less than Five
Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00).

G. Any parent or other person who shall willfully or
maliciously engage in enabling child sexual abuse shall, upon
conviction, be guilty of a Class A3 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 47
H. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, shall, upon
conviction, be guilty of a Class A3 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment, except as
provided in subsection I of this section for a child victim under
twelve (12) years of age. Except for persons sentenced to life or
life without parole, any person sentenced to imprisonment for two
(2) years or more for a violation of this subsection shall be
required to serve a term of post-imprisonment supervision pursuant
to subparagraph f of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes under conditions determined by the
Department of Corrections. The jury shall be advised that the
mandatory post-imprisonment supervision shall be in addition to the
actual imprisonment.

I. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, of a child
under twelve (12) years of age shall, upon conviction, be guilty of
a Class A1 felony offense and shall be punished by imprisonment in
the custody of the Department of Corrections for not less than
twenty-five (25) years nor more than life imprisonment, and by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00).

J. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in enabling child
sexual exploitation, as defined in this section, shall, upon
conviction, be guilty of a Class A3 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment.

K. Notwithstanding any other provision of law, any person
convicted of forcible anal or oral sodomy, rape, rape by
instrumentation, or lewd molestation of a child under fourteen (14)
years of age subsequent to a previous conviction for any offense of
forcible anal or oral sodomy, rape, rape by instrumentation, or lewd
molestation of a child under fourteen (14) years of age shall be
ENR. H. B. NO. 2104 Page 48
guilty of a Class A1 felony offense and shall be punished by death
or by imprisonment for life without parole.

L. Provided, however, that nothing contained in this section
shall prohibit any parent or guardian from using reasonable and
ordinary force pursuant to Section 844 of this title.

M. Consent shall not be a defense for any violation provided
for in this section.

N. Notwithstanding the age requirements of other statutes
referenced within this section, this section shall apply to any
child under eighteen (18) years of age.

O. As used in this section:

1. "Child abuse" means:

a. the willful or malicious harm or threatened harm or
failure to protect from harm or threatened harm to the
health, safety or welfare of a child under eighteen
(18) years of age by a person responsible for a
child's health, safety or welfare, or

b. the act of willfully or maliciously injuring,
torturing or maiming a child under eighteen (18) years
of age by any person;

2. "Child neglect" means the willful or malicious neglect, as
defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
a child under eighteen (18) years of age by a person responsible for
a child's health, safety or welfare;

3. "Child sexual abuse" means the willful or malicious sexual
abuse of a child under eighteen (18) years of age by a person
responsible for a child's health, safety or welfare and includes,
but is not limited to:

a. sexual intercourse,

b. penetration of the vagina or anus, however slight, by
an inanimate object or any part of the human body not
amounting to sexual intercourse,

c. sodomy,
ENR. H. B. NO. 2104 Page 49

d. incest, or

e. a lewd act or proposal, as defined in this section;

4. "Child sexual exploitation" means the willful or malicious
sexual exploitation of a child under eighteen (18) years of age by
another and includes, but is not limited to:

a. human trafficking, as provided for in Section 748 of
this title, if the offense involved child trafficking
for commercial sex,

b. trafficking in children, as provided for in Section
866 of this title, if the offense was committed for
the sexual gratification of any person,

c. procuring or causing the participation of a minor in
child pornography, as provided for in Section 1021.2
of this title,

d. purchase, procurement or possession of child
pornography, as provided for in Section 1024.2 of this
title,

e. engaging in or soliciting prostitution, as provided
for in Section 1029 of this title, if the offense
involved child sex trafficking,

f. publication, distribution or participation in the
preparation of obscene material, as provided for in
Section 1040.8 of this title, if the offense involved
child pornography,

g. aggravated possession of child pornography, as
provided for in Section 1040.12a of this title,

h. sale or distribution of obscene material, as provided
for in Section 1040.13 of this title,

i. soliciting sexual conduct or communication with a
minor by use of technology, as provided for in Section
1040.13a of this title,

ENR. H. B. NO. 2104 Page 50
j. offering or transporting a child for purposes of child
sex trafficking, as provided for in Section 1087 of
this title, and

k. child sex trafficking, as provided for in Section 1088
of this title;

5. "Enabling child abuse" means the causing, procuring or
permitting of child abuse by a person responsible for a child's
health, safety or welfare;

6. "Enabling child neglect" means the causing, procuring or
permitting of child neglect by a person responsible for a child's
health, safety or welfare;

7. "Enabling child sexual abuse" means the causing, procuring
or permitting of child sexual abuse by a person responsible for a
child's health, safety or welfare;

8. "Enabling child sexual exploitation" means the causing,
procuring or permitting of child sexual exploitation by a person
responsible for a child's health, safety or welfare;

9. "Incest" means marrying, committing adultery or fornicating
with a child by a person responsible for the health, safety or
welfare of a child;

10. "Lewd act or proposal" means:

a. making any oral, written or electronic or computer-
generated lewd or indecent proposal to a child for the
child to have unlawful sexual relations or sexual
intercourse with any person,

b. looking upon, touching, mauling or feeling the body or
private parts of a child in a lewd or lascivious
manner or for the purpose of sexual gratification,

c. asking, inviting, enticing or persuading any child to
go alone with any person to a secluded, remote or
secret place for a lewd or lascivious purpose,

d. urinating or defecating upon a child or causing,
forcing or requiring a child to defecate or urinate
ENR. H. B. NO. 2104 Page 51
upon the body or private parts of another person for
the purpose of sexual gratification,

e. ejaculating upon or in the presence of a child,

f. causing, exposing, forcing or requiring a child to
look upon the body or private parts of another person
for the purpose of sexual gratification,

g. causing, forcing or requiring any child to view any
obscene materials, child pornography or materials
deemed harmful to minors as such terms are defined in
Sections 1024.1 and 1040.75 of this title,

h. causing, exposing, forcing or requiring a child to
look upon sexual acts performed in the presence of the
child for the purpose of sexual gratification, or

i. causing, forcing or requiring a child to touch or feel
the body or private parts of the child or another
person for the purpose of sexual gratification;

11. "Permit" means to authorize or allow for the care of a
child by an individual when the person authorizing or allowing such
care knows or reasonably should know that the child will be placed
at risk of the conduct or harm proscribed by this section;

12. "Person responsible for a child's health, safety or
welfare" for purposes of this section shall include, but not be
limited to:

a. the parent of the child,

b. the legal guardian of the child,

c. the custodian of the child,

d. the foster parent of the child,

e. a person eighteen (18) years of age or older with whom
the parent of the child cohabitates, who is at least
three (3) years older than the child,

ENR. H. B. NO. 2104 Page 52
f. any other person eighteen (18) years of age or older
residing in the home of the child, who is at least
three (3) years older than the child,

g. an owner, operator, agent, employee or volunteer of a
public or private residential home, institution,
facility or day treatment program, as defined in
Section 175.20 of Title 10 of the Oklahoma Statutes,
that the child attended,

h. an owner, operator, agent, employee or volunteer of a
child care facility, as defined in Section 402 of
Title 10 of the Oklahoma Statutes, that the child
attended,

i. an intimate partner of the parent of the child, as
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes, or

j. a person who has voluntarily accepted responsibility
for the care or supervision of a child;

13. "Sexual intercourse" means the actual penetration, however
slight, of the vagina or anus by the penis; and

14. "Sodomy" means:

a. penetration, however slight, of the mouth of the child
by a penis,

b. penetration, however slight, of the vagina of a person
responsible for a child's health, safety or welfare,
by the mouth of a child,

c. penetration, however slight, of the mouth of the
person responsible for a child's health, safety or
welfare by the penis of the child, or

d. penetration, however slight, of the vagina of the
child by the mouth of the person responsible for a
child's health, safety or welfare.

SECTION 9. AMENDATORY 21 O.S. 2021, Section 1021, as
amended by Section 7, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1021), is amended to read as follows:
ENR. H. B. NO. 2104 Page 53

Section 1021. A. Every person who willfully and knowingly
either:

1. Lewdly exposes his or her person or genitals in any public
place, or in any place where there are present other persons to be
offended or annoyed thereby; provided, however, for purposes of this
section, a person alleged to have committed an act of public
urination shall be prosecuted pursuant to Section 22 of this title
unless such act was accompanied with another act that violates
paragraphs 2 through 4 of this subsection and shall not be subject
to registration under the Sex Offenders Registration Act;

2. Procures, counsels, or assists any person to expose such
person, or to make any other exhibition of such person to public
view or to the view of any number of persons, for the purpose of
sexual stimulation of the viewer;

3. Writes, composes, stereotypes, prints, photographs, designs,
copies, draws, engraves, paints, molds, cuts, or otherwise prepares,
publishes, sells, distributes, keeps for sale, knowingly downloads
on a computer, or exhibits any obscene material or child sexual
abuse material; or

4. Makes, prepares, cuts, sells, gives, loans, distributes,
keeps for sale, or exhibits any disc record, metal, plastic, or wax,
wire or tape recording, or any type of obscene material or child
sexual abuse material,

shall be guilty, upon conviction, of a Class B4 felony offense and
shall be punished by the imposition of a fine of not less than Five
Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars
($20,000.00) or by imprisonment for not less than thirty (30) days
nor more than ten (10) years, or by both such fine and imprisonment.

B. Every person who:

1. Willfully solicits or aids a minor child to perform; or

2. Shows, exhibits, loans, or distributes to a minor child any
obscene material or child sexual abuse material for the purpose of
inducing said minor to participate in,

any act specified in paragraphs 1, 2, 3 or 4 of subsection A of this
section, shall be guilty of a Class A1 felony offense, upon
ENR. H. B. NO. 2104 Page 54
conviction, and shall be punished by imprisonment in the custody of
the Department of Corrections for not less than ten (10) years nor
more than thirty (30) years, except when the minor child is under
twelve (12) years of age at the time the offense is committed, and
in such case the person shall, upon conviction, be punished by
imprisonment in the custody of the Department of Corrections for not
less than twenty-five (25) years.

C. Persons convicted under this section shall not be eligible
for a deferred sentence.

D. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

E. For purposes of this section, "downloading on a computer"
means electronically transferring an electronic file from one
computer or electronic media to another computer or electronic
media.

SECTION 10. AMENDATORY 21 O.S. 2021, Section 1312, is
amended to read as follows:

Section 1312. Every person guilty of participating in any riot
is punishable as follows:

1. If any murder, maiming, robbery, rape or arson was committed
in the course of such riot, such person is guilty of a Class A1
felony offense punishable in the same manner as a principal in such
crime;

2. If the purpose of the riotous assembly was to resist the
execution of any statute of this state or of the United States, or
to obstruct any public officer of this state or of the United
States, in the performance of any legal duty, or in serving or
executing any legal process, such person shall, upon conviction, be
guilty of a Class B3 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term not
exceeding ten (10) years and not less than two (2) years;

ENR. H. B. NO. 2104 Page 55
3. If such person carried at the time of such riot any species
of firearms, or other deadly or dangerous weapon, or was disguised,
such person shall, upon conviction, be guilty of a Class B3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term not exceeding ten (10) years and not less
than two (2) years;

4. If such person directed, advised, encouraged or solicited
other persons, who participated in the riot to acts of force or
violence, such person shall, upon conviction, be guilty of a Class
B1 felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term not exceeding twenty (20) years
and not less than two (2) years; or

5. Every person who shall unlawfully obstruct the normal use of
any public street, highway or road within this state by impeding,
hindering or restraining motor vehicle traffic or passage thereon,
by standing or approaching motor vehicles thereon, or by endangering
the safe movement of motor vehicles or pedestrians traveling thereon
shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for a term not exceeding one (1)
year, or by a fine of not less than One Hundred Dollars ($100.00)
and not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment. In addition, the person shall be liable for
all damages to person or property by reason of the same. As used in
this paragraph, "obstruct" means to render impassable or to render
passage unreasonably inconvenient or hazardous.

In all other cases such person is punishable as for a
misdemeanor.

SECTION 11. AMENDATORY 21 O.S. 2021, Section 1441, is
amended to read as follows:

Section 1441. Any person who enters any building, railway car,
vehicle, or structure and there opens or attempts to open any vault,
safe, or receptacle used or kept for the secure keeping of money,
securities, books of accounts, or other valuable property, papers or
documents, without the consent of the owner, by the use of or aid of
dynamite, nitroglycerine, gunpowder, or other explosives, or who
enters any such building, railway car, vehicle, or structure in
which is kept any vault, safe or other receptacle for the safe
keeping of money or other valuable property, papers, books or
documents, with intent and without the consent of the owner, to open
or crack such vault, safe or receptacle by the aid or use of any
ENR. H. B. NO. 2104 Page 56
explosive, upon conviction, shall be deemed guilty of a Class A1
felony offense, and upon conviction shall be punished by
imprisonment in the State Penitentiary for a term of not less than
twenty (20) years nor more than fifty (50) years.

SECTION 12. AMENDATORY 21 O.S. 2021, Section 1767.2, is
amended to read as follows:

Section 1767.2. Any person violating any of the provisions of
Section 1767.1 of this title shall be deemed guilty of a Class D1
felony offense, and upon conviction shall be punished by
imprisonment in the State Penitentiary for not less than three (3)
years nor more than ten (10) years as provided for in subsections B
through F of Section 20N of this title, or by a fine not to exceed
Ten Thousand Dollars ($10,000.00), or by both. If personal injury
results, such person shall be guilty of a Class A1 felony offense
and shall be punished by imprisonment in the State Penitentiary for
not less than seven (7) years or life imprisonment.

SECTION 13. AMENDATORY 63 O.S. 2021, Section 2-401, as
amended by Section 1, Chapter 77, O.S.L. 2024 (63 O.S. Supp. 2024,
Section 2-401), is amended to read as follows:

Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:

1. To distribute, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to solicit the use of
or use the services of a person less than eighteen (18) years of age
to cultivate, distribute or dispense a controlled dangerous
substance;

2. To create, distribute, transport with intent to distribute
or dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or

3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the United States Department of Health
and Human Services.

B. Any person who violates the provisions of this section with
respect to:
ENR. H. B. NO. 2104 Page 57

1. A substance classified in Schedule I or II, except for
marijuana, upon conviction, shall be guilty of transporting or
possessing with an intent to distribute a controlled dangerous
substance, a Class C2 felony offense, and shall be sentenced to a
term of imprisonment in the custody of the Department of Corrections
for not more than seven (7) years as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than One Hundred Thousand Dollars ($100,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment. A second conviction for
the violation of provisions of this paragraph is a Class C2 felony
offense punishable by a term of imprisonment in the custody of the
Department of Corrections for not more than fourteen (14) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes. A third or subsequent conviction for the
violation of the provisions of this paragraph is a Class C2 felony
offense punishable by a term of imprisonment in the custody of the
Department of Corrections for not more than twenty (20) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes;

2. Any other controlled dangerous substance classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty
of a Class D1 felony offense and shall be sentenced to a term of
imprisonment in the custody of the Department of Corrections for not
more than five (5) years as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes and a fine not
more than Twenty Thousand Dollars ($20,000.00), which shall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment. A second conviction for the
violation of the provisions of this paragraph is a Class D1 felony
offense punishable by a term of imprisonment in the custody of the
Department of Corrections for not more than ten (10) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes. A third or subsequent conviction for the
violation of the provisions of this paragraph is a Class D1 felony
offense punishable by a term of imprisonment in the custody of the
Department of Corrections for not more than fifteen (15) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes; or

3. An imitation controlled substance as defined by Section 2-
101 of this title, upon conviction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in the county jail
ENR. H. B. NO. 2104 Page 58
for a period not more than one (1) year and a fine not more than One
Thousand Dollars ($1,000.00). A person convicted of a second
violation of the provisions of this paragraph shall be guilty of a
Class D2 felony offense and shall be sentenced to a term of
imprisonment in the custody of the Department of Corrections for not
more than two (2) years as provided for in subsections B through F
of Section 20O of Title 21 of the Oklahoma Statutes, and a fine not
more than Five Thousand Dollars ($5,000.00), which shall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.

C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic controlled substance.

2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment in the custody of the Department
of Corrections for a term not to exceed ten (10) years as provided
for in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes, and a fine not more than Twenty-five Thousand
Dollars ($25,000.00), which shall be in addition to other punishment
provided by law and shall not be imposed in lieu of other
punishment.

3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is a Class C2 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not less than two (2) years nor more than twenty (20) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes. A third or subsequent conviction for the
violation of the provisions of this paragraph is a Class C2 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term not less than ten (10) years nor more than
life as provided for in subsections B through F of Section 20M of
Title 21 of the Oklahoma Statutes.

4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment in the custody of the Department
of Corrections for a term not to exceed ten (10) years as provided
ENR. H. B. NO. 2104 Page 59
for in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes, and a fine not more than Twenty-five Thousand
Dollars ($25,000.00), which shall be in addition to other punishment
provided by law and shall not be imposed in lieu of other
punishment.

5. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is a Class C2 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not less than two (2) years nor more than twenty (20) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes. A third or subsequent conviction for the
violation of the provisions of this paragraph is a Class C2 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term not less than ten (10) years nor more than
life as provided for in subsections B through F of Section 20M of
Title 21 of the Oklahoma Statutes.

D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or probation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.

E. Any person who is at least eighteen (18) years of age and
who violates the provisions of this section by using or soliciting
the use of services of a person less than eighteen (18) years of age
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person under
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is guilty of a Class C1 felony offense
punishable by:

1. For a first violation of this section subsection, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than ten (10) years;

2. For a second violation of this section subsection, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) years nor more than twenty (20) years; or

3. For a third or subsequent violation of this section
subsection, a term of imprisonment in the custody of the Department
of Corrections for not less than ten (10) years nor more than life.
ENR. H. B. NO. 2104 Page 60

F. Any person who violates any provision of this section by
transporting with intent to distribute or dispense, distributing or
possessing with intent to distribute a controlled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000) feet of the real property
comprising a public or private elementary or secondary school,
public vocational school, public or private college or university,
or other institution of higher education, recreation center or
public park, including a state park or recreation area, public
housing project, or child care facility as defined by Section 402 of
Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1
felony offense and shall be punished by:

1. For a first offense, a term of imprisonment in the custody
of the Department of Corrections, or by the imposition of a fine or
by both, not exceeding twice that authorized by the appropriate
provision of this section as provided for in subsections B through E
of Section 20L of Title 21 of the Oklahoma Statutes; or

2. For a second or subsequent violation of this section, a term
of imprisonment in the custody of the Department of Corrections as
provided for in subsections B through E of Section 20L of Title 21
of the Oklahoma Statutes, or by the imposition of a fine, or by
both, not exceeding thrice that authorized by the appropriate
provision of this section. Convictions for second and subsequent
violations of the provisions of this section shall not be subject to
statutory provisions of suspended sentences, deferred sentences or
probation.

G. 1. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled dangerous substance or
possess any substance listed in Section 2-322 of this title or any
substance containing any detectable amount of pseudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts of optical isomers, hydriodic acid,
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.

2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, possessing any
substance listed in this subsection or Section 2-322 of this title,
ENR. H. B. NO. 2104 Page 61
or combining fentanyl with any other controlled dangerous substance,
upon conviction, is guilty of a Class A2 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for not less than seven (7) years nor more than life and
by a fine not less than Fifty Thousand Dollars ($50,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment. The possession of any
amount of anhydrous ammonia in an unauthorized container shall be
prima facie evidence of intent to use such substance to manufacture
a controlled dangerous substance.

3. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the following
amounts:

a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,

b. five (5) kilograms or more of a mixture or substance
containing a detectable amount of:

(1) coca leaves, except coca leaves and extracts of
coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,

(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,

(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or

(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,

c. fifty (50) grams or more of a mixture or substance
described in division (2) of subparagraph b of this
paragraph which contains cocaine base,

d. one hundred (100) grams or more of phencyclidine (PCP)
or one (1) kilogram or more of a mixture or substance
containing a detectable amount of phencyclidine (PCP),
ENR. H. B. NO. 2104 Page 62

e. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),

f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N-phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
grams or more of a mixture or substance containing a
detectable amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,

g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount of marijuana
or one thousand (1,000) or more marijuana plants
regardless of weight,

h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or five
hundred (500) grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers, or

i. ten (10) grams or more of a mixture or substance
containing a detectable amount of fentanyl, its
analogs, or derivatives,

upon conviction, is guilty of aggravated manufacturing of a
controlled dangerous substance, a Class A1 felony offense,
punishable by imprisonment in the custody of the Department of
Corrections for not less than twenty (20) years nor more than life
and by a fine not less than Fifty Thousand Dollars ($50,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other punishment. Any person
convicted of a violation of the provisions of this paragraph shall
be required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits towards the completion of the sentence or eligible
for parole.

4. Any sentence to the custody of the Department of Corrections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, deferred
sentences, or probation. A person convicted of a second or
subsequent violation of the provisions of paragraph 3 of this
ENR. H. B. NO. 2104 Page 63
subsection shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits or eligibility for parole.

5. Any person who has been convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
Class B3 felony offense punishable by imprisonment in the custody of
the Department of Corrections for a term in the range of twice the
minimum term provided for in paragraph 2 of this subsection.

H. Any person convicted of any offense described in the Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (10%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances created
pursuant to Section 2-506 of this title.

I. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.

J. For purposes of this section, “public housing project” means
any dwelling or accommodations operated as a state or federally
subsidized multifamily housing project by any housing authority,
nonprofit corporation or municipal developer or housing projects
created pursuant to the Oklahoma Housing Authorities Act.

K. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of this title, upon
collection.

L. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
ENR. H. B. NO. 2104 Page 64
subsection C of this section, paragraphs 1, 2, and 3 of subsection E
of this section and paragraphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.

SECTION 14. AMENDATORY 63 O.S. 2021, Section 124.8, is
amended to read as follows:

Section 124.8. A. Any firm, corporation, company or
partnership shall ensure that all personnel, field crews, magazine
attendants, truck drivers, supervisors and superintendents are fully
conversant with all provisions of this division section and the
rules promulgated hereunder. The permit holder shall be responsible
for violations committed by employees working under the company or
corporation permit.

B. Any person violating any of the provisions of this division
section or any rules or regulations made thereunder shall be guilty
of a Class C2 felony offense and shall be punished by a fine of not
more than Five Thousand Dollars ($5,000.00), or by imprisonment for
not more than five (5) years as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment. If such violation was committed
with the knowledge or intent that any explosive or blasting agent
involved was to be used to kill, injure or intimidate any person or
unlawfully to damage any real or personal property, the person or
persons committing such violations, upon conviction, shall be guilty
of a Class B4 felony offense and shall be punished by a fine of not
more than Ten Thousand Dollars ($10,000.00), or imprisoned for not
more than ten (10) years, or both. If in a case involving such
knowledge or intent personal injury results, such person shall be
guilty of a Class A1 felony offense and shall be imprisoned for not
more than twenty (20) years, or fined not more than Twenty Thousand
Dollars ($20,000.00), or both; and if death results such person
shall be subject to imprisonment for any term of years or for life.

SECTION 15. AMENDATORY 21 O.S. 2021, Section 175, is
amended to read as follows:

Section 175. Except in cases where a different punishment is
prescribed by law, an accessory to a felony is punishable as
follows:

1. If the underlying offense is a felony punishable by
imprisonment in the penitentiary for four (4) years or more, the
ENR. H. B. NO. 2104 Page 65
person guilty of being an accessory shall be subject to imprisonment
in the penitentiary for a term not exceeding one-half (1/2) of the
longest term prescribed upon a conviction for the underlying
offense;

2. If the underlying offense is a felony punishable by
imprisonment in the penitentiary for any time less than four (4)
years, the person guilty of being an accessory shall be subject to
imprisonment in a county jail for not more than one (1) year;

3. If the underlying offense be punishable by a fine only, the
person guilty of being an accessory shall be subject to a fine not
exceeding one-half (1/2) of the largest amount of money which may be
imposed as a fine upon a conviction of the underlying offense;

4. If the underlying offense be punishable by both imprisonment
and a fine, the offender convicted of being an accessory shall be
subject to both imprisonment and fine, not exceeding one-half (1/2)
of the longest term of imprisonment and one-half (1/2) of the
largest fine which may be imposed upon a conviction of the
underlying offense; and

5. If the underlying offense be murder in the first degree, the
accessory thereto shall be guilty of a Class A2 felony offense and
shall be punished by imprisonment for not less than five (5) years
nor more than forty-five (45) years. If the underlying offense be
murder in the second degree, the accessory thereto shall be guilty
of a Class B1 felony offense and shall be punished by imprisonment
for not less than five (5) years nor more than twenty-five (25)
years.

SECTION 16. AMENDATORY 21 O.S. 2021, Section 650, is
amended to read as follows:

Section 650. A. Every person who, without justifiable or
excusable cause, knowingly commits any aggravated assault and
battery upon the person of a police officer, sheriff, deputy sheriff
or highway patrolman, corrections personnel as defined in Section
649 of this title, or any state peace officer employed by any state
or federal governmental agency to enforce state laws, while the
officer is in the performance of his or her duties shall upon
conviction thereof be guilty of a Class A3 felony offense, which
shall be punishable by imprisonment in the custody of the Department
of Corrections for not more than life or by a fine not exceeding One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
ENR. H. B. NO. 2104 Page 66

B. Every person who, without justifiable or excusable cause,
commits any aggravated assault and battery upon a person that the
violator knows or should reasonably know is a police officer,
sheriff, deputy sheriff or highway patrolman, corrections personnel
as defined in Section 649 of this title, or any state peace officer
employed by any state or federal governmental agency to enforce
state laws, that results in maiming as defined in Section 751 of
this title, while the officer is in the performance of his or her
duties shall, upon conviction, be guilty of a Class A2 felony
offense punishable by imprisonment in the custody of the Department
of Corrections of not less than five (5) years nor more than life or
by a fine not exceeding Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment.

C. For purposes of this section, aggravated assault and battery
upon law officers, includes the physical contact with and in attempt
to gain control of the firearm of any police officer, sheriff,
deputy sheriff, highway patrolman, corrections personnel as defined
in Section 649 of this title, or any peace officer employed by any
state or federal governmental agency to enforce state laws.

D. This section shall not supersede any other act or acts, but
shall be cumulative thereto.

SECTION 17. AMENDATORY 21 O.S. 2021, Section 701.16, is
amended to read as follows:

Section 701.16. It shall be unlawful for any person or agent of
that person to solicit another person or persons to cause the death
of a human being by the act of murder in the first degree as is
defined by Section 701.7 of this title. A person who is convicted,
pleads guilty or pleads nolo contendere to the act of solicitation
for murder in the first degree, except as provided in Section 701.7
of this title, shall be guilty of a Class A2 felony offense
punishable by imprisonment in a state penal institution for not less
than five (5) years nor more than life imprisonment in the State
Penitentiary.

SECTION 18. AMENDATORY 21 O.S. 2021, Section 711, is
amended to read as follows:

Section 711. Homicide, a Class A2 felony offense, is
manslaughter in the first degree in the following cases:

ENR. H. B. NO. 2104 Page 67
1. When perpetrated without a design to effect death by a
person while engaged in the commission of a misdemeanor.;

2. When perpetrated without a design to effect death, and in a
heat of passion, but in a cruel and unusual manner, or by means of a
dangerous weapon; unless it is committed under such circumstances as
constitute excusable or justifiable homicide.;

3. When perpetrated unnecessarily either while resisting an
attempt by the person killed to commit a crime, or after such
attempt shall have failed.

SECTION 19. AMENDATORY 21 O.S. 2021, Section 712, is
amended to read as follows:

Section 712. Every physician who, being in a state of
intoxication without a design to effect death, administers any
poison, drug or medicine, or does any other act as such physician to
another person, which produces the death of such other person, is
guilty of manslaughter in the first degree, a Class A2 felony
offense.

SECTION 20. AMENDATORY 21 O.S. 2021, Section 748, as
amended by Section 1, Chapter 20, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 748), is amended to read as follows:

Section 748. A. As used in Sections 748 and 748.2 of this
title:

1. "Coercion" means compelling, forcing or intimidating a
person to act by:

a. threats of harm or physical restraint against any
person,

b. any act, scheme, plan, or pattern intended to cause a
person to believe that performing, or failing to
perform, an act would result in serious physical,
financial, or emotional harm or distress to or
physical restraint against any person,

c. the abuse or threatened abuse of the law or legal
process,

ENR. H. B. NO. 2104 Page 68
d. knowingly destroying, concealing, removing,
confiscating or possessing any actual or purported
passport, labor or immigration document, or other
government identification document, including but not
limited to a driver license or birth certificate, of
another person,

e. facilitating or controlling a person's access to any
addictive or controlled substance other than for legal
medical purposes,

f. blackmail,

g. demanding or claiming money, goods, or any other thing
of value from or on behalf of a prostituted person
where such demand or claim arises from or is directly
related to the act of prostitution,

h. determining, dictating or setting the times at which
another person will be available to engage in an act
of prostitution with a third party,

i. determining, dictating or setting the places at which
another person will be available for solicitation of,
or to engage in, an act of prostitution with a third
party, or

j. determining, dictating or setting the places at which
another person will reside for purposes of making such
person available to engage in an act of prostitution
with a third party;

2. "Commercial sex" means any form of commercial sexual
activity such as sexually explicit performances, prostitution,
participation in the production of pornography, performance in a
strip club, or exotic dancing or display;

3. "Debt bondage" means the status or condition of a debtor
arising from a pledge by the debtor of his or her personal services
or of those of a person under his or her control as a security for
debt if the value of those services as reasonably assessed is not
applied toward the liquidation of the debt or the length and nature
of those services are not respectively limited and defined;

ENR. H. B. NO. 2104 Page 69
4. "Human trafficking" means modern-day slavery that includes,
but is not limited to, extreme exploitation and the denial of
freedom or liberty of an individual for purposes of deriving benefit
from that individual's commercial sex act or labor;

5. "Human trafficking for labor" means:

a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
another person through deception, force, fraud, threat
or coercion or for purposes of engaging the person in
labor, or

b. benefiting, financially or by receiving anything of
value, from participation in a venture that has
engaged in an act of trafficking for labor;

6. "Human trafficking for commercial sex" means:

a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
another person through deception, force, fraud, threat
or coercion for purposes of engaging the person in a
commercial sex act,

b. recruiting, enticing, harboring, maintaining,
transporting, providing, purchasing or obtaining, by
any means, a minor for purposes of engaging the minor
in a commercial sex act, or

c. benefiting, financially or by receiving anything of
value, from participating in a venture that has
engaged in an act of trafficking for commercial sex;

7. "Legal process" means the criminal law, the civil law, or
the regulatory system of the federal government, any state,
territory, district, commonwealth, or trust territory therein, and
any foreign government or subdivision thereof and includes legal
civil actions, criminal actions, and regulatory petitions or
applications;

8. "Minor" means an individual under eighteen (18) years of
age; and

ENR. H. B. NO. 2104 Page 70
9. "Victim" means a person against whom a violation of any
provision of this section has been committed.

B. It shall be unlawful to knowingly engage in human
trafficking.

C. Any person violating the provisions of this section shall,
upon conviction, be guilty of a Class A2 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term of not less than five (5) years or for life, or by a fine of
not more than One Hundred Thousand Dollars ($100,000.00), or by both
such fine and imprisonment. Any person violating the provisions of
this section where the victim of the offense is under eighteen (18)
years of age at the time of the offense shall, upon conviction, be
guilty of a Class A2 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term of not less
than fifteen (15) years or for life, or by a fine of not more than
Two Hundred Fifty Thousand Dollars ($250,000.00), or by both such
fine and imprisonment. The court shall also order the defendant to
pay restitution to the victim as provided in Section 991f of Title
22 of the Oklahoma Statutes. If the person is convicted of human
trafficking, the person shall serve eighty-five percent (85%) of the
sentence before being eligible for parole consideration or any
earned credits. The terms of imprisonment specified in this
subsection shall not be subject to statutory provisions for
suspension, deferral or probation, or state correctional institution
earned credits accruing from and after November 1, 1989, except for
the achievement earned credits authorized by subsection H of Section
138 of Title 57 of the Oklahoma Statutes. To qualify for such
achievement earned credits, such inmates must also be in compliance
with the standards for Class level 2 behavior, as defined in
subsection D of Section 138 of Title 57 of the Oklahoma Statutes.

D. It is an affirmative defense to prosecution for a criminal,
youthful offender, or delinquent offense that, during the time of
the alleged commission of the offense, the defendant or alleged
youthful offender or delinquent was a victim of human trafficking.

E. The consent of a victim to the activity prohibited by this
section shall not constitute a defense.

F. Lack of knowledge of the age of the victim shall not
constitute a defense to the activity prohibited by this section with
respect to human trafficking of a minor.

ENR. H. B. NO. 2104 Page 71
SECTION 21. AMENDATORY 21 O.S. 2021, Section 760, is
amended to read as follows:

Section 760. A. Female genital mutilation shall be unlawful in
the State of Oklahoma. Whoever knowingly circumcises, excises, or
infibulates, in whole or in part, the labia majora, labia minora, or
clitoris of another shall, upon conviction, be guilty of a Class A2
felony offense punishable by incarceration in the custody of the
Department of Corrections for a term of not less than three (3)
years nor more than life and a fine of not more than Twenty Thousand
Dollars ($20,000.00). Consent to the procedure by a minor on whom
it is performed or by the parent or parents of the minor is not a
defense to a violation of this subsection.

B. A surgical procedure is not a violation of subsection A of
this section if the procedure:

1. Is necessary as a recognized treatment for a known disease
or for purposes of cosmetic surgery to repair a defect or injury for
the person on whom it is performed and is performed by:

a. a licensed physician, or

b. a physician in training under the supervision of a
licensed physician; or

2. Is necessary in the assistance of childbirth or for medical
purposes connected with that labor or birth and is performed by:

a. a licensed physician,

b. a physician in training under the supervision of a
licensed physician, or

c. a certified nurse-midwife.

C. Any physician, physician in training, certified nurse-
midwife or any other medical professional who performs or
participates in a female genital mutilation procedure shall, in
addition to the penalties in subsection A of this section, have the
professional license or certification of the person permanently
revoked.

SECTION 22. AMENDATORY 21 O.S. 2021, Section 798, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 72

Section 798. Any person guilty of robbery in the first degree
shall be guilty of a Class A2 felony offense punishable by
imprisonment in the State Penitentiary not less than ten (10) years.

SECTION 23. AMENDATORY 21 O.S. 2021, Section 800, is
amended to read as follows:

Section 800. Whenever two or more persons conjointly commit a
robbery or where the whole number of persons conjointly commits a
robbery and persons present and aiding such robbery amount to two or
more, each and either of such persons shall be guilty of a Class A2
felony offense punishable by imprisonment in the State Penitentiary
for not less than five (5) years nor more than fifty (50) years.

SECTION 24. AMENDATORY 21 O.S. 2021, Section 801, is
amended to read as follows:

Section 801. Any person or persons who, with the use of any
firearms or any other dangerous weapons, whether the firearm is
loaded or not, or who uses a blank or imitation firearm capable of
raising in the mind of the one threatened with such device a fear
that it is a real firearm, attempts to rob or robs any person or
persons, or who robs or attempts to rob any place of business,
residence or banking institution or any other place inhabited or
attended by any person or persons at any time, either day or night,
shall be guilty of a Class A2 felony offense and, upon conviction
therefor, shall suffer punishment by imprisonment for life in the
State Penitentiary, or for a period of time of not less than five
(5) years, at the discretion of the court, or the jury trying the
same.

Upon conviction therefor, any person guilty of three separate
and distinct felonies, in violation of this section shall suffer
punishment by imprisonment for life in the State Penitentiary, or
for a period of time of not less than ten (10) years, and it is
mandatory upon the court to impose no less than the minimum sentence
of ten (10) years. The sentence imposed upon such person shall not
be reduced to less than ten (10) calendar years, nor suspended, nor
shall any person be eligible for probation or parole or receive any
deduction from his sentence for good conduct until he shall have
served ten (10) calendar years of such sentence.

SECTION 25. AMENDATORY 21 O.S. 2021, Section 849, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 73

Section 849. Every person who shall attach to, or place in or
upon any motor vehicle or any vehicle designed or customarily used
to transport a person or persons or any structure designed or
customarily used for the occupancy of a person or persons, any
explosive material, thing or device with the intent of causing
bodily injury or death to any person shall be guilty of a Class A2
felony offense, and, upon conviction therefor, shall suffer
punishment by imprisonment for a period of time of not less than
five (5) years, or imprisonment in the State Penitentiary for life,
at the discretion of the court or the jury trying the same.

SECTION 26. AMENDATORY 21 O.S. 2021, Section 1040.12a,
as amended by Section 3, Chapter 103, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.12a), is amended to read as follows:

Section 1040.12a. A. Any person who, with knowledge of its
contents, possesses one hundred (100) or more separate visual
depictions of child pornography shall, upon conviction, be guilty of
aggravated possession of child pornography, a Class A2 felony
offense. The violator shall be punished by imprisonment in the
custody of the Department of Corrections for a term not exceeding
life imprisonment and by a fine in an amount of not more than Ten
Thousand Dollars ($10,000.00). The violator, upon conviction, shall
be required to register as a sex offender under the Sex Offenders
Registration Act.

B. For purposes of this section:

1. Multiple copies of the same identical material shall each be
counted as a separate item; and

2. The terms "child pornography" and "visual depictions" mean
the same definitions provided by Section 1024.1 of this title.

SECTION 27. AMENDATORY 21 O.S. 2021, Section 1111.1, as
amended by Section 3, Chapter 260, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 1111.1), is amended to read as follows:

Section 1111.1. A. Rape by instrumentation, a Class A2 felony
offense, is an act within or without the bonds of matrimony in which
any inanimate object or any part of the human body, not amounting to
sexual intercourse is used in the carnal knowledge of another person
without his or her consent and penetration of the anus or vagina
occurs to that person.
ENR. H. B. NO. 2104 Page 74

B. Provided, further, that at least one of the circumstances
specified in Section 1111 of this title has been met; further, where
the victim is:

1. At least sixteen (16) years of age and is less than twenty
(20) years of age and is a student, or under the legal custody or
supervision of any public or private elementary or secondary school,
junior high or high school, or public vocational school, and engages
in conduct prohibited by this section of law with a person who is
eighteen (18) years of age or older and is an employee of a school
system;

2. Under the legal custody or supervision of a state or federal
agency, county, municipal or a political subdivision and engages in
conduct prohibited by this section of law with a federal, state,
county, municipal or political subdivision employee or an employee
of a contractor of the state, the federal government, a county, a
municipality or a political subdivision that exercises authority
over the victim, consent shall not be an element of the crime;

3. Nineteen (19) years of age or younger and in the legal
custody of a state agency, federal agency or tribal court and
engages in conduct prohibited by this section of law with a foster
parent or foster parent applicant; or

4. A student at a secondary school, is concurrently enrolled at
an institution of higher education, and engages in acts pursuant to
this section with a perpetrator who is an employee of the
institution of higher education of which the student is enrolled.

C. "Employee of an institution of higher education", for
purposes of this section, means faculty, adjunct faculty,
instructors, volunteers, or an employee of a business contracting
with an institution of higher education who may exercise, at any
time, institutional authority over the victim. Employee of an
institution of higher education shall not include an enrolled
student who is not more than three (3) years of age or older than
the concurrently enrolled student and who is employed or
volunteering, in any capacity, for the institution of higher
education.

D. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section shall be required to serve a term of post-
ENR. H. B. NO. 2104 Page 75
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 28. AMENDATORY 21 O.S. 2021, Section 1114, is
amended to read as follows:

Section 1114. A. Rape or rape by instrumentation in the first
degree, a Class A2 felony offense, shall include:

1. Rape committed by a person over eighteen (18) years of age
upon a person under fourteen (14) years of age;

2. Rape committed upon a person incapable through mental
illness or any unsoundness of mind of giving legal consent
regardless of the age of the person committing the crime;

3. Rape accomplished where the victim is intoxicated by a
narcotic or anesthetic agent, administered by or with the privity of
the accused as a means of forcing the victim to submit;

4. Rape accomplished where the victim is at the time
unconscious of the nature of the act and this fact is known to the
accused;

5. Rape accomplished with any person by means of force,
violence, or threats of force or violence accompanied by apparent
power of execution regardless of the age of the person committing
the crime; or

6. Rape by instrumentation regardless of the age of the victim
or the age of the person committing the crime.

B. In all other cases, rape is rape in the second degree, a
Class B2 felony offense.

SECTION 29. AMENDATORY 21 O.S. 2021, Section 1115, is
amended to read as follows:

Section 1115. Rape in the first degree is a Class A2 felony
offense punishable by death or imprisonment in the custody of the
Department of Corrections, for a term of not less than five (5)
years, life or life without parole. Except for persons sentenced to
ENR. H. B. NO. 2104 Page 76
life or life without parole, any person sentenced to imprisonment
for two (2) years or more for a violation of this section shall be
required to serve a term of post-imprisonment supervision pursuant
to subparagraph f of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes under conditions determined by the
Department of Corrections. The jury shall be advised that the
mandatory post-imprisonment supervision shall be in addition to the
actual imprisonment. Any person convicted of a second or subsequent
violation of subsection A of Section 1114 of this title shall not be
eligible for any form of probation. Any person convicted of a third
or subsequent violation of subsection A of Section 1114 of this
title or of an offense under Section 888 of this title or an offense
under Section 1123 of this title or sexual abuse of a child pursuant
to Section 843.5 of this title, or any attempt to commit any of
these offenses or any combination of these offenses shall be
punished by imprisonment in the custody of the Department of
Corrections for life or life without parole.

SECTION 30. AMENDATORY 21 O.S. 2021, Section 1117, is
amended to read as follows:

Section 1117. Any person who takes any woman against her will,
and, by force, menace or duress, compels her to marry him or to
marry any other person, shall be guilty of a Class A2 felony offense
punishable by imprisonment in the State Penitentiary not less than
ten (10) years.

SECTION 31. AMENDATORY 21 O.S. 2021, Section 1752, is
amended to read as follows:

Section 1752. Whenever any offense specified in Section 1751 of
this title results in the death of any human being, the offender
shall be guilty of a Class A2 felony offense punishable by
imprisonment in the State Penitentiary for not less than four (4)
years.

SECTION 32. AMENDATORY 22 O.S. 2021, Section 107, is
amended to read as follows:

Section 107. A person who, after the publication of a
proclamation by the Governor or acting Governor, or who, after
lawful notice as aforesaid to disperse and retire, resists or aids
in resisting the execution of process in a county declared to be in
a state of riot or insurrection, or who aids or attempts the rescue
or escape of another from lawful custody or confinement, or who
ENR. H. B. NO. 2104 Page 77
resists or aids in resisting a force ordered out by the Governor or
any civil officer as aforesaid, to quell or suppress an insurrection
or riot, is guilty of a Class A2 felony offense, and is punishable
by imprisonment in the state prison for not less than two (2) years.

SECTION 33. AMENDATORY 47 O.S. 2021, Section 11-902, is
amended to read as follows:

Section 11-902. A. It is unlawful and punishable as provided
in this section for any person to drive, operate, or be in actual
physical control of a motor vehicle within this state, whether upon
public roads, highways, streets, turnpikes, other public places or
upon any private road, street, alley or lane which provides access
to one or more single or multi-family dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person's blood or breath administered within
two (2) hours after the arrest of such person;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person's
blood, saliva, urine or any other bodily fluid at the time of a test
of such person's blood, saliva, urine or any other bodily fluid
administered within two (2) hours after the arrest of such person;

4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or

5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a motor vehicle.

B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.

ENR. H. B. NO. 2104 Page 78
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:

a. participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessment and evaluation,

b. be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and

c. be fined not more than One Thousand Dollars
($1,000.00).

2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment shall, upon conviction, be guilty of a
Class C2 felony offense and shall participate in an assessment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:

a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
or

b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed five (5) years imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of
the Oklahoma Statutes, and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00), or

c. treatment, imprisonment as provided for in subsections
B through F of Section 20M of Title 21 of the Oklahoma
Statutes, and a fine within the limitations prescribed
in subparagraphs a and b of this paragraph.

ENR. H. B. NO. 2104 Page 79
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.

3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a Class B4 felony offense and participate in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:

a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or

b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or

c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.

However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.

4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a Class B3 felony offense and
participate in an assessment and evaluation pursuant to subsection G
of this section and shall be sentenced to:
ENR. H. B. NO. 2104 Page 80

a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant's expense, four
hundred eighty (480) hours of community service, and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days, or

b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or

c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.

However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person shall
serve a term of imprisonment of at least ten (10) days.

5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or other intoxicating substance, is convicted
of a violation of this section shall be guilty of a Class A2 felony
offense and shall be punished by imprisonment in the custody of the
Department of Corrections for not less than five (5) years and not
to exceed twenty (20) years, and a fine of not more than Ten
Thousand Dollars ($10,000.00).

6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).

7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county's
district attorney and filed with the district court of the county
within which the municipality is located.
ENR. H. B. NO. 2104 Page 81

D. Any person who is convicted of a violation of driving under
the influence with a blood or breath alcohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence, a Class B3
felony offense. A person convicted of aggravated driving under the
influence shall participate in an assessment and evaluation pursuant
to subsection G of this section and shall comply with all
recommendations for treatment. Such person shall be sentenced as
provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this
section and to:

1. Not less than one (1) year of supervision and periodic
testing at the defendant's expense; and

2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.

E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:

1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; or

2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.

F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.

ENR. H. B. NO. 2104 Page 82
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certified
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from the time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would benefit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sentences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall solicit or refer
any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has received
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Department of
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the provisions
ENR. H. B. NO. 2104 Page 83
of this subsection shall be handled in a manner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of the court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the court from ordering
judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.

H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and to pay
a fee of Seventy-five Dollars ($75.00), as set by the governing
authority of the program and approved by the court, to the program
to offset the cost of participation by the defendant, if in the
opinion of the court the defendant has the ability to pay such fee.

I. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.

J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.

K. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of Title 63 of the
Oklahoma Statutes, upon collection.

L. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
ENR. H. B. NO. 2104 Page 84
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.

2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.

M. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this section or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following the completion of any court-imposed
probationary term.

N. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:

1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or

2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.

SECTION 34. AMENDATORY 63 O.S. 2021, Section 2-403, is
amended to read as follows:

Section 2-403. A. Any person found guilty of larceny, burglary
or theft of controlled dangerous substances is guilty of a Class C2
felony offense punishable by imprisonment for a period not to exceed
ENR. H. B. NO. 2104 Page 85
ten (10) years as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A second or subsequent
offense under this subsection is a Class C2 felony offense
punishable by imprisonment for not less than ten (10) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes. Convictions for second or subsequent
violations of this subsection shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation.

B. Any person found guilty of robbery or attempted robbery of
controlled dangerous substances from a practitioner, manufacturer,
distributor or agent thereof as defined in Section 2-101 of this
title is guilty of a Class A2 felony offense punishable by
imprisonment for a period of not less than five (5) years, and such
sentence shall not be subject to statutory provisions for suspended
sentences, deferred sentences or probation. A second or subsequent
offense under this subsection is a Class A2 felony offense
punishable by life imprisonment. Convictions for second or
subsequent offenses of this subsection shall not be subject to
statutory provisions for suspended sentences, deferred sentences or
probation.

SECTION 35. AMENDATORY 21 O.S. 2021, Section 652, is
amended to read as follows:

Section 652. A. Every person who intentionally and wrongfully
shoots another with or discharges any kind of firearm, with intent
to kill any person, including an unborn child as defined in Section
1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be
guilty of a Class A3 felony offense punishable by imprisonment in
the State Penitentiary not exceeding life.

B. Every person who uses any vehicle to facilitate the
intentional discharge of any kind of firearm, crossbow or other
weapon in conscious disregard for the safety of any other person or
persons, including an unborn child as defined in Section 1-730 of
Title 63 of the Oklahoma Statutes, shall upon conviction be guilty
of a Class A3 felony offense punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor exceeding life.

C. Any person who commits any assault and battery upon another,
including an unborn child as defined in Section 1-730 of Title 63 of
the Oklahoma Statutes, by means of any deadly weapon, or by such
other means or force as is likely to produce death, or in any manner
ENR. H. B. NO. 2104 Page 86
attempts to kill another, including an unborn child as defined in
Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting
the execution of any legal process, shall upon conviction be guilty
of a Class A3 felony offense punishable by imprisonment in the State
Penitentiary not exceeding life.

D. The provisions of this section shall not apply to:

1. Acts which cause the death of an unborn child if those acts
were committed during a legal abortion to which the pregnant woman
consented; or

2. Acts which are committed pursuant to usual and customary
standards of medical practice during diagnostic testing or
therapeutic treatment.

E. Under no circumstances shall the mother of the unborn child
be prosecuted for causing the death of the unborn child unless the
mother has committed a crime that caused the death of the unborn
child.

SECTION 36. AMENDATORY 21 O.S. 2021, Section 751, is
amended to read as follows:

Section 751. Every person who, with premeditated design to
injure another, inflicts upon his person any injury which disfigures
his personal appearance or disables any member or organ of his body
or seriously diminishes his physical vigor, is guilty of maiming, a
Class A3 felony offense.

SECTION 37. AMENDATORY 21 O.S. 2021, Section 843.1, is
amended to read as follows:

Section 843.1. A. 1. No caretaker or other person shall
abuse, commit financial neglect, neglect, commit sexual abuse, or
exploit any person entrusted to the care of such caretaker or other
person in a nursing facility or other setting, or knowingly cause,
secure, or permit any of these acts to be done.

2. For purposes of this section, the terms, "abuse", “financial
neglect”, "neglect", "sexual abuse", and "exploit" shall have the
same meaning as such terms are defined and clarified in Section 10-
103 of Title 43A of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 87
B. 1. Any person convicted of a violation of this section,
except as provided in paragraph 2 of this subsection, shall be
guilty of a Class B1 felony offense. The violator, upon conviction,
shall be punished by imprisonment in the custody of the Department
of Corrections for a term not to exceed ten (10) years, and by a
fine not exceeding Ten Thousand Dollars ($10,000.00), or by both
such fine and imprisonment, and in addition, the person shall be
subject to the Elderly and Incapacitated Victim’s Protection Act.
Such person’s term shall further be subject to the provisions of
Section 13.1 of this title for mandatory minimum sentencing.

2. Any person convicted of violating the provisions of this
section by committing sexual abuse shall be guilty of a Class A3
felony offense. The person convicted of sexual abuse shall be
punished by imprisonment in the custody of the Department of
Corrections for a term not to exceed fifteen (15) years, and by a
fine not exceeding Ten Thousand Dollars ($10,000.00), or by both
such fine and imprisonment, and in addition, the person shall be
subject to the Elderly and Incapacitated Victim’s Protection Act.
Such person’s imprisonment term imposed pursuant to this section
shall further be subject to the provisions of Section 13.1 of this
title for mandatory minimum sentencing.

C. Consent shall not be a defense for any violation of this
section.

D. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of paragraph 2 of subsection B of this section shall be
required to serve a term of post-imprisonment supervision pursuant
to subparagraph f of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes under conditions determined by the
Department of Corrections. The jury shall be advised that the
mandatory post-imprisonment supervision shall be in addition to the
actual imprisonment.

SECTION 38. AMENDATORY 21 O.S. 2021, Section 1123, as
last amended by Section 33, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1123), is amended to read as follows:

Section 1123. A. It is a Class A3 felony offense for any
person to knowingly and intentionally:

1. Make any oral, written or electronically or computer-
generated lewd or indecent proposal to any child under sixteen (16)
ENR. H. B. NO. 2104 Page 88
years of age, or other individual the person believes to be a child
under sixteen (16) years of age, for the child to have unlawful
sexual relations or sexual intercourse with any person;

2. Look upon, touch, maul, or feel the body or private parts of
any child under sixteen (16) years of age in any lewd or lascivious
manner by any acts against public decency and morality, as defined
by law;

3. Ask, invite, entice, or persuade any child under sixteen
(16) years of age, or other individual the person believes to be a
child under sixteen (16) years of age, to go alone with any person
to a secluded, remote, or secret place, with the unlawful and
willful intent and purpose then and there to commit any crime
against public decency and morality, as defined by law, with the
child;

4. In any manner lewdly or lasciviously look upon, touch, maul,
or feel the body or private parts of any child under sixteen (16)
years of age in any indecent manner or in any manner relating to
sexual matters or sexual interest; or

5. In a lewd and lascivious manner and for the purpose of
sexual gratification:

a. urinate or defecate upon a child under sixteen (16)
years of age, or force or require a child to defecate
or urinate upon the body or private parts of another,
or for the purpose of sexual gratification,

b. ejaculate upon or in the presence of a child,

c. cause, expose, force or require a child to look upon
the body or private parts of another person,

d. force or require any child under sixteen (16) years of
age or other individual the person believes to be a
child under sixteen (16) years of age, to view any
obscene materials, child sexual abuse material or
materials deemed harmful to minors as such terms are
defined by Sections 1024.1 and 1040.75 of this title,

e. cause, expose, force or require a child to look upon
sexual acts performed in the presence of the child, or

ENR. H. B. NO. 2104 Page 89
f. force or require a child to touch or feel the body or
private parts of the child or another person.

Any person convicted of any violation of this subsection shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than three (3) years nor more than twenty
(20) years, except when the child is under twelve (12) years of age
at the time the offense is committed, and in such case the person
shall, upon conviction, be punished by imprisonment in the custody
of the Department of Corrections for not less than twenty-five (25)
years. The provisions of this subsection shall not apply unless the
accused is at least three (3) years older than the victim, except
when accomplished by the use of force or fear. Except as provided
in Section 51.1a of this title, any person convicted of a second or
subsequent violation of this subsection shall be guilty of a felony
punishable as provided in this subsection and shall not be eligible
for probation, suspended or deferred sentence. Except as provided
in Section 51.1a of this title, any person convicted of a third or
subsequent violation of this subsection shall be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term of life or life without parole, in the
discretion of the jury, or in case the jury fails or refuses to fix
punishment then the same shall be pronounced by the court. Any
person convicted of a violation of this subsection after having been
twice convicted of a violation of subsection A of Section 1114 of
this title, Section 888 of this title, sexual abuse of a child
pursuant to Section 843.5 of this title, or of any attempt to commit
any of these offenses or any combination of convictions pursuant to
these sections shall be punished by imprisonment in the custody of
the Department of Corrections for a term of life or life without
parole.

B. No person shall commit sexual battery on any other person.
"Sexual battery" shall mean the intentional touching, mauling or
feeling of the body or private parts of any person sixteen (16)
years of age or older, in a lewd and lascivious manner:

1. Without the consent of that person;

2. When committed by a state, county, municipal or political
subdivision employee or a contractor or an employee of a contractor
of the state, a county, a municipality or political subdivision of
this state upon a person who is under the legal custody, supervision
or authority of a state agency, a county, a municipality or a
political subdivision of this state, or the subcontractor or
ENR. H. B. NO. 2104 Page 90
employee of a subcontractor of the contractor of the state or
federal government, a county, a municipality or a political
subdivision of this state;

3. When committed upon a person who is at least sixteen (16)
years of age and is less than twenty (20) years of age and is a
student, or in the legal custody or supervision of any public or
private elementary or secondary school, or technology center school,
by a person who is eighteen (18) years of age or older and is an
employee of a school system;

4. When committed upon a person who is nineteen (19) years of
age or younger and is in the legal custody of a state agency,
federal agency or a tribal court, by a foster parent or foster
parent applicant; or

5. When the victim is a student at a secondary school, is
concurrently enrolled at an institution of higher education, and
engages in acts pursuant to this subsection with a perpetrator who
is an employee of the institution of higher education of which the
student is enrolled.

As used in this subsection, "employee of an institution of
higher education" means faculty, adjunct faculty, instructors,
volunteers, or an employee of a business contracting with an
institution of higher education who may exercise, at any time,
institutional authority over the victim. Employee of an institution
of higher education shall not include an enrolled student who is not
more than three (3) years of age or older than the concurrently
enrolled student and who is employed or volunteering, in any
capacity, for the institution of higher education.

As used in this subsection, "employee of a school system" means
a teacher, principal or other duly appointed person employed by a
school system or an employee of a firm contracting with a school
system.

C. No person shall in any manner lewdly or lasciviously:

1. Look upon, touch, maul, or feel the body or private parts of
any human corpse in any indecent manner relating to sexual matters
or sexual interest; or

2. Urinate, defecate or ejaculate upon any human corpse.

ENR. H. B. NO. 2104 Page 91
D. Any person convicted of a violation of subsection B or C of
this section shall be deemed guilty of a Class B4 felony offense and
shall be punished by imprisonment in the custody of the Department
of Corrections for not more than ten (10) years.

E. The fact that an undercover operative or law enforcement
officer was involved in the detection and investigation of an
offense pursuant to this section shall not constitute a defense to a
prosecution under this section.

F. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 39. AMENDATORY 21 O.S. 2021, Section 1268.3, is
amended to read as follows:

Section 1268.3. A. Conspiracy to commit terrorism is a Class
A3 felony offense.

B. A person convicted of conspiracy to commit terrorism shall
be punished by imprisonment in the State Penitentiary for a term not
exceeding life.

SECTION 40. AMENDATORY 21 O.S. 2021, Section 1327, is
amended to read as follows:

Section 1327. A. The Legislature recognizes that special
circumstances exist as regards college campuses and public school
facilities, including the fact that a large number of people are
confined to a small area, and certain acts committed in such places
would have a more detrimental effect as regards the health and
safety of those involved than if the same act were committed at some
other place, and, in keeping with these facts, any person on the
campuses or school grounds of any public state-supported
institutions of higher learning or public school facilities who, by
word of mouth or writings, advocates, affirmatively suggests or
teaches the duty, necessity, propriety or expediency of crime,
criminal syndicalism, or sabotage, or who shall advocate,
affirmatively suggest or teach the duty, necessity, propriety or
ENR. H. B. NO. 2104 Page 92
expediency of doing any act of violence, the destruction of or
damage to any property, the bodily injury to any person or persons,
or the commission of any crime or unlawful act as a means of
accomplishing or effecting any industrial or political ends, change,
or revolution, or for profit; or who prints, publishes, edits,
issues, or knowingly circulates, sells, distributes, or publicly
displays any books, pamphlets, paper, handbill, poster, document, or
written or printed matter in any form whatsoever, containing matter
advocating, advising, affirmatively suggesting, or teaching crime,
criminal syndicalism, sabotage, the doing of any act of physical
violence, the destruction of or damage to any property, the injury
to any person, or the commission of any crime or unlawful act as a
means of accomplishing, effecting or bringing about any industrial
or political ends, or change, or as a means of accomplishing,
effecting or bringing about any industrial or political revolution,
or for profit; or who shall openly or at all attempt to justify by
word of mouth or writing the commission or the attempt to commit
sabotage, any act of physical violence, the destruction of or damage
to any property, the injury to any person or the commission of any
crime or unlawful act, with the intent to exemplify, spread or teach
or affirmatively suggest criminal syndicalism, or who organizes, or
helps to organize or becomes a member of or voluntarily assembles
with any society or assemblage of persons which teaches, advocates,
or affirmatively suggests the doctrine of criminal syndicalism,
sabotage, or the necessity, propriety or expediency of doing any act
of physical violence or the commission of any crime or unlawful act
as a means of accomplishing or effecting any industrial or political
ends, change or revolution, or for profit; shall be guilty of a
Class C2 felony offense, and upon conviction thereof shall be
punished by imprisonment in the State Penitentiary for a term not
less than two (2) years, nor more than ten (10) years as provided
for in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes, or by a fine of not less than Five Thousand
Dollars ($5,000.00), nor more than Ten Thousand Dollars
($10,000.00), or by both such fine and imprisonment. Provided, that
none of the provisions of this section shall be construed to modify
or affect Section 166 of Title 40 of the Oklahoma Statutes.

B. Any person on the campuses or school grounds of any public
state-supported institutions of higher learning or public school
facilities above the age of eighteen (18) years who advocates
revolution, teaches or justifies a program of sabotage, force and
violation, sedition or treason against the government of the United
States or of this state, or who directly or indirectly advocates or
teaches by any means the overthrow of the government of the United
ENR. H. B. NO. 2104 Page 93
States or of this state by force or any unlawful means shall be
guilty of a Class A3 felony offense, and upon conviction shall be
punished by imprisonment in the State Penitentiary from ten (10)
years to life.

SECTION 41. AMENDATORY 21 O.S. 2021, Section 1401, is
amended to read as follows:

Section 1401. A. Any person who willfully and maliciously sets
fire to or burns, or by the use of any explosive device, accelerant,
ignition device, heat-producing device or substance, destroys in
whole or in part, or causes to be burned or destroyed, or aids,
counsels or procures the burning or destruction of any building or
structure or contents thereof, inhabited or occupied by one or more
persons, whether the property of that person or another, or who
willfully and maliciously sets fire to or burns, or by the use of
any explosive device, accelerant, ignition device, heat-producing
device or substance causes a person to be burned, or aids, counsels
or procures the burning of a person shall, upon conviction, be
guilty of arson in the first degree, which is a Class A3 felony
offense, and shall be punished by a fine not to exceed Twenty-five
Thousand Dollars ($25,000.00), or by imprisonment in the custody of
the Department of Corrections for not more than thirty-five (35)
years, or by both such fine and imprisonment.

B. Any person who, while manufacturing, attempting to
manufacture or endeavoring to manufacture a controlled dangerous
substance in violation of subsection G of Section 2-401 of Title 63
of the Oklahoma Statutes, destroys in whole or in part, or causes to
be burned or destroyed, or aids, counsels or procures the burning or
destruction of any building or contents thereof, inhabited or
occupied by one or more persons whether the property of that person
or another, or who while manufacturing or attempting to manufacture
a controlled dangerous substance in violation of subsection G of
Section 2-401 of Title 63 of the Oklahoma Statutes causes a person
to be burned, or aids, counsels or procures the burning of a person
shall, upon conviction, be guilty of arson in the first degree,
which is a Class A3 felony offense, and shall be punished by a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00) and by
imprisonment in the custody of the Department of Corrections for not
more than thirty-five (35) years.

SECTION 42. AMENDATORY 21 O.S. 2021, Section 1405, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 94
Section 1405. Any person violating any of the provisions of
Sections 1401, 1402, 1403 or 1404 of this title who during such
violation endangers any human life, including all emergency service
personnel, shall be guilty of a Class B4 felony offense and upon
conviction shall be punished by imprisonment in the State
Penitentiary for not less than three (3) years nor more than ten
(10) years, or by a fine not to exceed Ten Thousand Dollars
($10,000.00), or both. If personal injury results, the person shall
be guilty of a Class A3 felony offense and shall be punished by
imprisonment in the State Penitentiary for not less than seven (7)
years.

SECTION 43. AMENDATORY 21 O.S. 2021, Section 521, is
amended to read as follows:

Section 521. Any person who by force or fraud rescues or
attempts to rescue, or aids another person in rescuing or in
attempting to rescue, any prisoner from any officer or other person
having him in lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a charge or conviction
of a felony, such person shall be guilty of a Class B1 felony
offense and shall be punished by imprisonment in the State
Penitentiary for not less than ten (10) years; or

2. If such prisoner was in custody otherwise than upon a charge
or conviction of a felony, by imprisonment in a county jail not
exceeding one (1) year, or by fine not exceeding Five Hundred
Dollars ($500.00), or by both such fine and imprisonment.

SECTION 44. AMENDATORY 21 O.S. 2021, Section 813, is
amended to read as follows:

Section 813. Every person who willfully, in any manner,
advises, encourages, abets, or assists another person in taking his
own life, is guilty of aiding suicide, a Class B1 felony offense.

SECTION 45. AMENDATORY 21 O.S. 2021, Section 814, is
amended to read as follows:

Section 814. Every person who willfully furnishes another
person with any deadly weapon or poisonous drug, knowing that such
person intends to use such weapon or drug in taking his own life, is
guilty of aiding suicide, a Class B1 felony offense, if such person
thereafter employs such instrument or drug in taking his own life.
ENR. H. B. NO. 2104 Page 95

SECTION 46. AMENDATORY 21 O.S. 2021, Section 817, is
amended to read as follows:

Section 817. Any person guilty of aiding suicide shall be
guilty of a Class B1 felony offense punishable by imprisonment in
the State Penitentiary for not less than seven (7) years.

SECTION 47. AMENDATORY 21 O.S. 2021, Section 832, is
amended to read as follows:

Section 832. A. 1. No person shall willfully mingle any
poison, Schedule I through V drug pursuant to the provisions of
Sections 2-203 through 2-212 of Title 63 of the Oklahoma Statutes,
or sharp object, or any other object or substance which if used in a
manner which is not customary or usual is harmful to human life,
with any food, drink, medicine, or patent or proprietary medicine
with intent that the same shall be taken, consumed, applied, or used
in any manner by any human being to his injury; and

2. Unless authorized by law, no person shall willfully poison
or place any Schedule I through V drug pursuant to the provisions of
Sections 2-203 through 2-212 of Title 63 of the Oklahoma Statutes or
any other object or substance which if used in a manner which is not
customary or usual is harmful to human life in any spring, well, or
reservoir of water.

B. Any person convicted of violating any of the provisions of
this section shall be guilty of a Class B1 felony offense,
punishable by imprisonment in the State Penitentiary for not less
than five (5) years, or by a fine of not less than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment.

SECTION 48. AMENDATORY 21 O.S. 2021, Section 888, as
amended by Section 1, Chapter 260, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 888), is amended to read as follows:

Section 888. A. Any person who forces another person to engage
in the detestable and abominable crime against nature, pursuant to
Section 886 of this title, upon conviction, is guilty of a Class B1
felony offense punishable by imprisonment in the custody of the
Department of Corrections for a period of not more than twenty (20)
years. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this subsection shall be required to serve a term of
ENR. H. B. NO. 2104 Page 96
post-imprisonment supervision pursuant to subparagraph f of
paragraph 1 of subsection A of Section 991a of Title 22 of the
Oklahoma Statutes under conditions determined by the Department of
Corrections. The jury shall be advised that the mandatory post-
imprisonment supervision shall be in addition to the actual
imprisonment. Any person convicted of a second violation of this
section, where the victim of the second offense is a person under
sixteen (16) years of age, shall not be eligible for probation,
suspended or deferred sentence. Any person convicted of a third or
subsequent violation of this section, where the victim of the third
or subsequent offense is a person under sixteen (16) years of age,
shall be punished by imprisonment in the custody of the Department
of Corrections for a term of life or life without parole, in the
discretion of the jury, or in case the jury fails or refuses to fix
punishment then the same shall be pronounced by the court. Any
person convicted of a violation of this subsection after having been
twice convicted of a violation of subsection A of Section 1114 of
this title, a violation of Section 1123 of this title or sexual
abuse of a child pursuant to Section 843.5 of this title, or of any
attempt to commit any of these offenses or any combination of the
offenses, shall be punished by imprisonment in the custody of the
Department of Corrections for a term of life or life without parole.

B. The crime of forcible sodomy, a Class B1 felony offense,
shall include:

1. Sodomy committed by a person over eighteen (18) years of age
upon a person under sixteen (16) years of age;

2. Sodomy committed upon a person incapable through mental
illness or any unsoundness of mind of giving legal consent
regardless of the age of the person committing the crime;

3. Sodomy accomplished with any person by means of force,
violence, or threats of force or violence accompanied by apparent
power of execution regardless of the age of the victim or the person
committing the crime;

4. Sodomy committed by a state, county, municipal or political
subdivision employee or a contractor or an employee of a contractor
of the state, a county, a municipality or political subdivision of
this state upon a person who is under the legal custody, supervision
or authority of a state agency, a county, a municipality or a
political subdivision of this state, or the subcontractor or
employee of a subcontractor of the contractor of the state or
ENR. H. B. NO. 2104 Page 97
federal government, a county, a municipality or a political
subdivision of this state;

5. Sodomy committed upon a person who is at least sixteen (16)
years of age but less than twenty (20) years of age and is a student
of any public or private secondary school, junior high or high
school, or public vocational school, with a person who is eighteen
(18) years of age or older and is employed by a school system;

6. Sodomy committed upon a student at a secondary school who is
concurrently enrolled at an institution of higher education by an
employee of the institution of higher education of which the student
is enrolled;

7. Sodomy committed upon a person who is at the time
unconscious of the nature of the act, and this fact should be known
to the accused; or

8. Sodomy committed upon a person where the person is
intoxicated by a narcotic or anesthetic agent administered by or
with the privity of the accused as a means of forcing the person to
submit.

C. "Employee of an institution of higher education", for
purposes of this section, means faculty, adjunct faculty,
instructors, volunteers, or an employee of a business contracting
with an institution of higher education who may exercise, at any
time, institutional authority over the victim. Employee of an
institution of higher education shall not include an enrolled
student who is not more than three (3) years of age or older than
the concurrently enrolled student and who is employed or
volunteering, in any capacity, for the institution of higher
education.

SECTION 49. AMENDATORY 21 O.S. 2021, Section 1021.2, as
amended by Section 1, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1021.2), is amended to read as follows:

Section 1021.2. A. Any person who shall procure or cause the
participation of any minor under the age of eighteen (18) years in
any child pornography or obscene material or who knowingly
possesses, views, accesses, shares, streams, downloads, procures,
sells, distributes, or manufactures, or causes to be possessed,
viewed, accessed, shared, streamed, downloaded, procured, sold,
distributed, or manufactured any child pornography shall, upon
ENR. H. B. NO. 2104 Page 98
conviction, be guilty of a Class B1 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for not more than twenty (20) years and by the
imposition of a fine of not more than Twenty-five Thousand Dollars
($25,000.00). Persons convicted under this section shall not be
eligible for a deferred sentence. Except for persons sentenced to
life or life without parole, any person sentenced to imprisonment
for two (2) years or more for a violation of this subsection shall
be required to serve a term of post-imprisonment supervision
pursuant to subparagraph f of paragraph 1 of subsection A of Section
991a of Title 22 of the Oklahoma Statutes under conditions
determined by the Department of Corrections. The jury shall be
advised that the mandatory post-imprisonment supervision shall be in
addition to the actual imprisonment.

B. The consent of the minor, or of the mother, father, legal
guardian, or custodian of the minor to the activity prohibited by
this section shall not constitute a defense.

SECTION 50. AMENDATORY 21 O.S. 2021, Section 1021.3, as
amended by Section 10, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1021.3), is amended to read as follows:

Section 1021.3. A. Any parent, guardian or individual having
custody of a minor under the age of eighteen (18) years who
knowingly permits or consents to the participation of a minor in any
child sexual abuse material shall be guilty of a Class B1 felony
offense and, upon conviction, shall be imprisoned punished by
imprisonment in the custody of the Department of Corrections for a
period of not more than twenty (20) years or a fine of not more than
Twenty-five Thousand Dollars ($25,000.00) or by both such fine and
imprisonment. Persons convicted under this section shall not be
eligible for a deferred sentence. Except for persons sentenced to
life or life without parole, any person sentenced to imprisonment
for two (2) years or more for a violation of this subsection shall
be required to serve a term of post-imprisonment supervision
pursuant to subparagraph f of paragraph 1 of subsection A of Section
991a of Title 22 of the Oklahoma Statutes under conditions
determined by the Department of Corrections. The jury shall be
advised that the mandatory post-imprisonment supervision shall be in
addition to the actual imprisonment.

B. The consent of the minor to the activity prohibited by this
section shall not constitute a defense.

ENR. H. B. NO. 2104 Page 99
SECTION 51. AMENDATORY 21 O.S. 2021, Section 1024.2, as
amended by Section 15, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1024.2), is amended to read as follows:

Section 1024.2. It shall be unlawful for any person to buy,
procure or possess child sexual abuse material in violation of
Sections 1024.1 through 1024.4 of this title. Such person shall,
upon conviction, be guilty of a Class B1 felony offense and shall be
imprisoned punished by imprisonment for a period of not more than
twenty (20) years or a fine up to, but not exceeding, Twenty-five
Thousand Dollars ($25,000.00) or by both such fine and imprisonment.

SECTION 52. AMENDATORY 21 O.S. 2021, Section 1029, as
last amended by Section 3, Chapter 151, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1029), is amended to read as follows:

Section 1029. A. It shall further be unlawful:

1. To engage in prostitution, lewdness, or assignation;

2. To solicit, induce, or entice another person to pay or
provide money or any other item or service of value to engage in an
act of lewdness, assignation, or prostitution, with himself or
herself;

3. To reside in, enter, or remain in any house, place,
building, or other structure, or to enter or remain in any vehicle,
trailer, or other conveyance with the intent of committing an act of
prostitution, lewdness, or assignation;

4. To knowingly offer money or any other item or service of
value, or agree to provide or pay money or any other item or service
of value to, or on behalf of, another person, for the purpose of
engaging in sexual conduct, as defined in subsection B of Section
1024.1 of this title, with that person or another; or

5. To aid, abet, or participate in the doing of any of the acts
prohibited in paragraph 1, 2, 3, or 4 of this subsection.

B. Any prohibited act described in paragraph 1, 2, 3, 4, or 5
of subsection A of this section is a Class B4 felony offense. Any
prohibited act described in paragraph 1, 2, 3, 4, or 5 of subsection
A of this section committed with a person under eighteen (18) years
of age is a Class B1 felony offense and shall be deemed child sex
ENR. H. B. NO. 2104 Page 100
trafficking, as defined in Section 1030 of this title, and shall be
punishable as provided in Section 1031 of this title.

C. No child who is a victim of human trafficking shall be
subject to juvenile delinquency or criminal proceedings for the
offenses described in subsection A of this section which occurred as
a result of the child being a victim of human trafficking.

SECTION 53. AMENDATORY 21 O.S. 2021, Section 1087, as
amended by Section 6, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1087), is amended to read as follows:

Section 1087. A. No person shall:

1. Offer, or offer to secure, a child under eighteen (18) years
of age for the purpose of child sex trafficking, or for any other
lewd or indecent act, or procure or offer to procure a child for, or
a place for a child as an inmate in, a house of prostitution or
other place where prostitution is practiced;

2. Receive or to offer or agree to receive any child under
eighteen (18) years of age into any house, place, building, other
structure, vehicle, trailer, or other conveyance for the purpose of
child sex trafficking, lewdness, or assignation, or to permit any
person to remain there for such purpose; or

3. Direct, take, or transport, or to offer or agree to take or
transport, or aid or assist in transporting, any child under
eighteen (18) years of age to any house, place, building, other
structure, vehicle, trailer, or other conveyance, or to any other
person with knowledge or having reasonable cause to believe that the
purpose of such directing, taking, or transporting is child sex
trafficking, lewdness, or assignation.

B. 1. Any person violating the provisions of paragraph 1 of
subsection A of this section shall, upon conviction, be guilty of a
Class B4 felony offense punishable by imprisonment of not less than
one (1) year nor more than ten (10) years. Any person violating the
provisions of paragraph 2 or 3 of subsection A of this section
shall, upon conviction, be guilty of a Class B1 felony offense
punishable by imprisonment of not less than one (1) year nor more
than ten (10) years.

2. Any owner, proprietor, keeper, manager, conductor, or other
person who knowingly permits any violation of this section in any
ENR. H. B. NO. 2104 Page 101
house, building, room, or other premises or any conveyances under
his or her control or of which he or she has possession shall, upon
conviction for the first offense, be guilty of a misdemeanor and
punishable by imprisonment in the county jail for a period of not
less than six (6) months nor more than one (1) year, and by a fine
of not less than Five Hundred Dollars ($500.00) nor more than Five
Thousand Dollars ($5,000.00). Upon conviction for a subsequent
offense pursuant to this subsection, such person shall be guilty of
a Class B1 felony offense and shall be punished by imprisonment in
the custody of the Department of Corrections for a period of not
less than one (1) year nor more than ten (10) years, or by a fine of
not less than Five Thousand Dollars ($5,000.00) nor more than
Twenty-five Thousand Dollars ($25,000.00), or by both such fine and
imprisonment.

C. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 54. AMENDATORY 21 O.S. 2021, Section 1088, as
amended by Section 7, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1088), is amended to read as follows:

Section 1088. A. No person shall:

1. By promise, threats, violence, or by any device or scheme,
including but not limited to the use of any controlled dangerous
substance prohibited pursuant to the provisions of the Uniform
Controlled Dangerous Substances Act, cause, induce, persuade, or
encourage a child under eighteen (18) years of age to engage or
continue to engage in child sex trafficking or to become or remain
an inmate of a house of prostitution or other place where
prostitution is practiced;

2. Keep, hold, detain, restrain, or compel against his or her
will any child under eighteen (18) years of age to engage in the
practice of child sex trafficking or in a house of prostitution or
other place where child sex trafficking is practiced or allowed; or

ENR. H. B. NO. 2104 Page 102
3. Directly or indirectly keep, hold, detain, restrain, or
compel or attempt to keep, hold, detain, restrain, or compel a child
under eighteen (18) years of age to engage in the practice of child
sex trafficking or in a house of prostitution or any place where
prostitution is practiced or allowed for the purpose of compelling
such child to directly or indirectly pay, liquidate, or cancel any
debt, dues, or obligations incurred, or said to have been incurred,
by such child.

B. 1. Any person violating the provisions of this section
other than paragraph 2 of this subsection, upon conviction, shall be
guilty of a Class B1 felony offense punishable by imprisonment in
the custody of the Department of Corrections for not less than one
(1) year nor more than twenty-five (25) years, and by a fine of not
less than Five Thousand Dollars ($5,000.00) nor more than Twenty-
five Thousand Dollars ($25,000.00).

2. Any owner, proprietor, keeper, manager, conductor, or other
person who knowingly permits a violation of this section in any
house, building, room, tent, lot or premises under his or her
control or of which he or she has possession, upon conviction for
the first offense, shall be guilty of a misdemeanor punishable by
imprisonment in the county jail for a period of not less than six
(6) months nor more than one (1) year, and by a fine of not more
than Five Thousand Dollars ($5,000.00). Upon conviction for a
subsequent offense pursuant to the provisions of this paragraph,
such person shall be guilty of a Class B1 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a period of not less than one (1) year nor more than ten (10) years,
and by a fine of not less than Five Thousand Dollars ($5,000.00) nor
more than Twenty-five Thousand Dollars ($25,000.00).

C. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 55. AMENDATORY 21 O.S. 2021, Section 1266, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 103
Section 1266. Any person above the age of eighteen (18) years
who advocates revolution, teaches or justifies a program of
sabotage, force and violation, sedition or treason against the
government of the United States or of this state, or who directly or
indirectly advocates or teaches by any means the overthrow of the
government of the United States or of this state by force or any
unlawful means shall be guilty of a Class B1 felony offense, and
upon conviction shall be punished by imprisonment in the State
Penitentiary from five (5) years to life.

SECTION 56. AMENDATORY 21 O.S. 2021, Section 1266.4, is
amended to read as follows:

Section 1266.4. A. It shall be unlawful for any person
knowingly or willfully to:

(1) 1. Commit, attempt to commit, or aid in the commission of
any act intended to overthrow, destroy, or alter, or to assist in
the overthrow, destruction, or alteration of, the constitutional
form of the government of the United States, or of the State of
Oklahoma, or of any political subdivision of either of them, by
force or violence; or

(2) 2. Advocate, abet, advise, or teach by any means any person
to commit, attempt to commit, or aid in the commission of any such
act, under such circumstances as to constitute a clear and present
danger to the security of the United States, or of the State of
Oklahoma, or of any political subdivision of either of them; or

(3) 3. Conspire with one or more persons to commit any of the
above acts; or

(4) 4. Assist in the formation of, or participate in the
management of, or contribute to the support of, or become or remain
a member of, or destroy any books or records or files of, or secrete
any funds in this state of the Communist Party of the United States
or any component or related part or organization thereof, or any
organization which engages in or advocates, abets, advises, or
teaches, or a purpose of which is to engage in or advocate, abet,
advise or teach, any activities intended to overthrow, destroy, or
alter, or to assist in the overthrow, destruction, or alteration of,
the constitutional form of the government of the United States, or
of the State of Oklahoma, or of any political subdivision of either
of them, by force or violence, knowing the nature of such
organization.
ENR. H. B. NO. 2104 Page 104

B. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class B1 felony offense.

SECTION 57. AMENDATORY 21 O.S. 2021, Section 1266.5, is
amended to read as follows:

Section 1266.5. Any person who shall violate any of the
provisions of Section 1266.4 of this title shall be guilty of a
Class B1 felony offense, and upon conviction thereof shall be fined
not more than Twenty Thousand Dollars ($20,000.00), or imprisoned
not less than one (1) year nor more than twenty (20) years in the
State Penitentiary, or may be both so fined and imprisoned. No
person convicted of any violation of this act shall ever be entitled
to suspension or probation of sentence by the trial court.

SECTION 58. AMENDATORY 21 O.S. 2021, Section 1268.5, is
amended to read as follows:

Section 1268.5. A. Every person who, without justifiable or
excusable cause, willfully commits biochemical assault against
another person shall be punished as provided in this section.

B. Every act of biochemical assault is a misdemeanor punishable
by imprisonment in the county jail for a term of not more than one
(1) year, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such fine and imprisonment when the person
knows the substance or material used to commit biochemical assault
is not toxic, noxious, or lethal to humans. In addition to any term
of imprisonment imposed for biochemical assault, the person shall be
ordered to make restitution to the victim and to reimburse the cost
of any emergency personnel, equipment, supplies, and other expenses
incurred by the state and any political subdivision as a result of
responding to such act.

C. Every act of biochemical assault is a Class B1 felony
offense punishable by imprisonment in the State Penitentiary for a
term of not more than ten (10) years when the person knows the
substance or material used to commit biochemical assault is toxic,
noxious, or lethal to humans. In addition to any term of
imprisonment imposed for biochemical assault, the person shall be
ordered to make restitution to the victim and to reimburse the cost
of any emergency personnel, equipment, supplies, and other expenses
incurred by the state and any political subdivision as a result of
responding to such act.
ENR. H. B. NO. 2104 Page 105

SECTION 59. AMENDATORY 21 O.S. 2021, Section 1287, is
amended to read as follows:

Section 1287.

USE OF FIREARM WHILE COMMITTING A FELONY

A. Any person who, while committing or attempting to commit a
felony, possesses a pistol, shotgun or rifle or any other offensive
weapon in such commission or attempt, whether the pistol, shotgun or
rifle is loaded or not, or who possesses a blank or imitation
pistol, altered air or toy pistol, shotgun or rifle capable of
raising in the mind of one threatened with such device a fear that
it is a real pistol, shotgun or rifle, or who possesses an air gun
or carbon dioxide or other gas-filled weapon, electronic dart gun,
conductive energy weapon, knife, dagger, dirk, switchblade knife,
blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in
addition to the penalty provided by statute for the felony committed
or attempted shall, upon conviction, be guilty of a Class B4 felony
offense for possessing such weapon or device, which shall be a
separate offense from the felony committed or attempted and shall be
punishable by imprisonment in the custody of the Department of
Corrections for a period of not less than two (2) years nor for more
than ten (10) years for the first offense, and guilty of a Class B1
felony offense punishable for a period of not less than ten (10)
years nor more than thirty (30) years for any second or subsequent
offense.

B. Any person convicted of violating the provisions of this
section after having been issued a handgun license pursuant to the
provisions of the Oklahoma Self-Defense Act shall have the license
revoked and shall be liable for an administrative fine of One
Thousand Dollars ($1,000.00) upon a hearing and determination by the
Oklahoma State Bureau of Investigation that the person is in
violation of the provisions of this section.

C. As used in this section:

1. "Altered toy pistol" shall mean any toy weapon which has
been altered from its original manufactured state to resemble a real
weapon; and

ENR. H. B. NO. 2104 Page 106
2. "Altered air pistol" shall mean any air pistol manufactured
to propel projectiles by air pressure which has been altered from
its original manufactured state.

SECTION 60. AMENDATORY 21 O.S. 2021, Section 1289.17A,
is amended to read as follows:

Section 1289.17A.

FELONY DISCHARGING FIREARMS

It shall be unlawful for any person to willfully or
intentionally discharge any firearm or other deadly weapon at or
into any dwelling, or at or into any building used for public or
business purposes. Any violation of the provisions of this section
shall be a Class B1 felony offense punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. The provisions of
this section shall not apply to any law enforcement officer in the
performance of any lawful duty.

SECTION 61. AMENDATORY 21 O.S. 2021, Section 1431, is
amended to read as follows:

Section 1431. Every person who breaks into and enters the
dwelling house of another, in which there is at the time some human
being, with intent to commit some crime therein, either:

1. By forcibly bursting or breaking the wall, or an outer door,
window, or shutter of a window of such house or the lock or bolts of
such door, or the fastening of such window or shutter; or

2. By breaking in any other manner, being armed with a
dangerous weapon or being assisted or aided by one or more
confederates then actually present; or

3. By unlocking an outer door by means of false keys or by
picking the lock thereof, or by lifting a latch or opening a window,
is guilty of burglary in the first degree, a Class B1 felony
offense.

SECTION 62. AMENDATORY 21 O.S. 2021, Section 1903, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 107
Section 1903. A. No person shall by force or violence, or
threat of force or violence, seize or exercise control of any bus.
Any person violating this subsection shall be guilty of a Class B1
felony offense and shall, upon conviction, be punished by
imprisonment in the custody of the Department of Corrections for not
more than twenty (20) years, or by a fine of not more than Twenty
Thousand Dollars ($20,000.00), or by both such fine and
imprisonment.

B. In addition, no person shall intimidate, threaten, assault
or batter any driver, attendant, guard or passenger of any bus with
intent to violate subsection A of this section. Any person
violating this subsection shall be guilty of a Class B4 felony
offense and shall, upon conviction, be punished by imprisonment in
the custody of the Department for not more than ten (10) years, or
by a fine of not more than Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment.

C. In addition, any person violating subsection A or B of this
section using a dangerous or deadly weapon shall be guilty of a
Class B1 felony offense, and shall, upon conviction, be punished by
imprisonment in the custody of the Department for not more than
twenty (20) years, or by a fine of not more than Twenty Thousand
Dollars ($20,000.00), or by both such fine and imprisonment.

D. It shall be unlawful for any person to discharge any firearm
into or within any bus, terminal or other transportation facility,
unless such action is determined to have been in defensive force
resulting from reasonable fear of imminent peril of death or great
bodily harm to himself or herself or another. Such person shall,
upon conviction, be guilty of a Class B4 felony offense punishable
by a fine of not more than Five Thousand Dollars ($5,000.00), or by
imprisonment for not more than five (5) years, or both.

SECTION 63. AMENDATORY 21 O.S. 2021, Section 2001, is
amended to read as follows:

Section 2001. A. It is unlawful for any person knowingly or
intentionally to receive or acquire proceeds and to conceal such
proceeds, or engage in transactions involving such proceeds, known
to be derived from a specified unlawful activity, as defined in
subsection F of this section. This subsection does not apply to any
transaction between an individual and the counsel of the individual
necessary to preserve the right to representation of the individual,
as guaranteed by the Oklahoma Constitution and by the Sixth
ENR. H. B. NO. 2104 Page 108
Amendment of the United States Constitution. However, this
exception does not create any presumption against or prohibition of
the right of the state to seek and obtain forfeiture of any proceeds
derived from a violation of the Oklahoma Statutes.

B. It is unlawful for any person knowingly or intentionally to
give, sell, transfer, trade, invest, conceal, transport, or maintain
an interest in or otherwise make available anything of value which
that person knows is intended to be used for the purpose of
committing or furthering the commission of a specified unlawful
activity, as defined in subsection F of this section.

C. It is unlawful for any person knowingly or intentionally to
direct, plan, organize, initiate, finance, manage, supervise, or
facilitate the transportation or transfer of proceeds known to be
derived from a specified unlawful activity, as defined in subsection
F of this section.

D. It is unlawful for any person knowingly or intentionally to
conduct a financial transaction involving proceeds derived from a
specified unlawful activity, as defined in subsection F of this
section, when the transaction is designed in whole or in part to
conceal or disguise the nature, location, source, ownership, or
control of the proceeds known to be derived from a violation of the
Oklahoma Statutes, or to avoid a transaction reporting requirement
under state or federal law.

E. Notwithstanding any other provision of this section, it
shall be lawful for an organization engaged in the business of
banking to receive deposits and payments, to pay checks and other
withdrawals, and to process any other financial transaction for its
customers in the ordinary course of business if it has no actual
knowledge of any violation of the Oklahoma Statutes by that
customer. If an organization engaged in the business of banking,
acting in good faith and without actual knowledge of any violation
of the Oklahoma Statutes by its customer, acquires a security
interest or statutory lien with respect to a customer's funds, that
customer's funds which are subject to the security interest or lien
shall not be subject to forfeiture action, to the extent of the
amount of that customer's indebtedness to the banking organization.

F. For purposes of this section, "specified unlawful activity"
means an act or omission, including any initiatory, preparatory, or
completed offense or omission that is punishable as a misdemeanor or
felony under the laws of Oklahoma, or if the act occurred outside
ENR. H. B. NO. 2104 Page 109
Oklahoma would be punishable as a misdemeanor or felony under the
laws of the state in which it occurred and under the laws of
Oklahoma.

G. Any person convicted of violating any of the provisions of
this section is guilty of:

1. A misdemeanor, if the violation involves Two Thousand Five
Hundred Dollars ($2,500.00) or less;

2. A Class D3 felony offense, punishable by imprisonment for
not more than two (2) years as provided for in subsections B through
F of Section 20P of this title if the violation involves more than
Two Thousand Five Hundred Dollars ($2,500.00), but not more than Ten
Thousand Dollars ($10,000.00);

3. A Class C1 felony offense, punishable by imprisonment for
not less than two (2) years and not more than ten (10) years as
provided for in subsections B through E of Section 20L of this title
if the violation involves more than Ten Thousand Dollars
($10,000.00), but not more than Fifty Thousand Dollars ($50,000.00);
or

4. A Class B1 felony offense, punishable by imprisonment for
not less than five (5) years and not more than twenty (20) years if
the violation involves more than Fifty Thousand Dollars
($50,000.00).

H. In addition to any criminal penalty, a person who violates
any provision of this section shall be subject to a civil penalty of
three (3) times the value of the property involved in the
transaction. The civil penalty provided in this subsection shall be
split evenly between the prosecuting agency and the investigating
law enforcement agency.

SECTION 64. AMENDATORY 22 O.S. 2021, Section 1404, is
amended to read as follows:

Section 1404. A. Any person convicted of violating any
provision of Section 1403 of this title shall be guilty of a Class
B1 felony offense and shall be punished by a term of imprisonment in
the custody of the Department of Corrections of not less than ten
(10) years and shall not be eligible for a deferred sentence,
probation, suspension, work furlough, or release from confinement on
any other basis until the person has served one-half (1/2) of the
ENR. H. B. NO. 2104 Page 110
sentence. A violation of each of the provisions of Section 1403 of
this title shall be a separate offense.

B. In lieu of the fine authorized by the Oklahoma Racketeer-
Influenced and Corrupt Organizations Act, any person convicted of
violating any provision of Section 1403 of this title, through which
the person derived pecuniary value, or by which the person caused
personal injury, or property damage or other loss, may be sentenced
to pay a fine that does not exceed three times the gross value
gained or three times the gross loss caused, whichever is greater,
plus court costs and the costs of investigation and prosecution
reasonably incurred, less the value of any property ordered
forfeited pursuant to the provisions of subsection A of Section 1405
of this title. The district court shall hold a separate hearing to
determine the amount of the fine authorized by the provisions of
this subsection.

C. No person shall institute any proceedings, civil or
criminal, pursuant to the provisions of this act, except the
Attorney General, any district attorney or any district attorney
appointed under the provisions of Section 215.9 of Title 19 of the
Oklahoma Statutes.

SECTION 65. AMENDATORY 47 O.S. 2021, Section 11-904, is
amended to read as follows:

Section 11-904. A. Any person who is involved in a personal
injury accident while driving or operating a motor vehicle within
this state and who is in violation of the provisions of subsection A
of Section 11-902 of this title may be charged with a violation of
the provisions of this subsection as follows:

1. Any person who is convicted of a violation of the provisions
of this subsection shall be deemed guilty of a misdemeanor for the
first offense and shall be punished by imprisonment in the county
jail for not less than ninety (90) days nor more than one (1) year,
and a fine of not more than Two Thousand Five Hundred Dollars
($2,500.00); and

2. Any person who is convicted of a violation of the provisions
of this subsection after having been previously convicted of a
violation of this subsection or of Section 11-902 of this title
shall be deemed guilty of a Class B5 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not more than five
ENR. H. B. NO. 2104 Page 111
(5) years, and a fine of not more than Five Thousand Dollars
($5,000.00).

B. 1. Any person who causes an accident resulting in great
bodily injury to any person other than himself while driving or
operating a motor vehicle within this state and who is in violation
of the provisions of subsection A of Section 11-902 of this title
may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a Class B1
felony offense punishable by imprisonment in the custody of the
Department of Corrections for not less than four (4) years and not
more than twenty (20) years, and a fine of not more than Five
Thousand Dollars ($5,000.00).

2. As used in this subsection, "great bodily injury" means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.

SECTION 66. AMENDATORY 63 O.S. 2021, Section 2-415, is
amended to read as follows:

Section 2-415. A. The provisions of the Trafficking in Illegal
Drugs Act shall apply to persons convicted of violations with
respect to the following substances:

1. Marijuana;

2. Cocaine or coca leaves;

3. Heroin;

4. Amphetamine or methamphetamine;

5. Lysergic acid diethylamide (LSD);

6. Phencyclidine (PCP);

7. Cocaine base, commonly known as "crack" or "rock";

8. 3,4-Methylenedioxy methamphetamine, commonly known as
"ecstasy" or MDMA;

9. Morphine;
ENR. H. B. NO. 2104 Page 112

10. Oxycodone;

11. Hydrocodone;

12. Benzodiazepine; or

13. Fentanyl and its analogs and derivatives.

B. Except as otherwise authorized by the Uniform Controlled
Dangerous Substances Act, it shall be unlawful for any person to:

1. Knowingly distribute, manufacture, bring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities specified in subsection C of this section;

2. Possess any controlled substance with the intent to
manufacture a controlled substance specified in subsection A of this
section in quantities specified in subsection C of this section; or

3. Use or solicit the use of services of a person less than
eighteen (18) years of age to distribute or manufacture a controlled
dangerous substance specified in subsection A of this section in
quantities specified in subsection C of this section.

Violation of this section shall be known as "trafficking in
illegal drugs". Separate types of controlled substances described
in subsection A of this section when possessed at the same time in
violation of any provision of this section shall constitute a
separate offense for each substance.

Any person who commits the conduct described in paragraph 1, 2
or 3 of this subsection and represents the quantity of the
controlled substance to be an amount described in subsection C of
this section shall be punished under the provisions appropriate for
the amount of controlled substance represented, regardless of the
actual amount.

C. In the case of a violation of the provisions of subsection B
of this section, involving:

1. Marijuana:

a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount of marijuana
ENR. H. B. NO. 2104 Page 113
shall be a Class B3 felony offense punishable by a
fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00), or

b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be deemed aggravated trafficking, a Class B2
felony offense, punishable by a fine of not less than
One Hundred Thousand Dollars ($100,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);

2. Cocaine, coca leaves or cocaine base:

a. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be a Class B3 felony
offense punishable by a fine of not less than Twenty-
five Thousand Dollars ($25,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00),

b. three hundred (300) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be a Class B3 felony
offense punishable by a fine of not less than One
Hundred Thousand Dollars ($100,000.00) and not more
than Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
trafficking, a Class B2 felony offense, punishable by
a fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);

3. Heroin:

a. ten (10) grams or more of a mixture or substance
containing a detectable amount of heroin shall be a
Class B3 felony offense punishable by a fine of not
less than Twenty-five Thousand Dollars ($25,000.00)
and not more than Fifty Thousand Dollars ($50,000.00),
or

ENR. H. B. NO. 2104 Page 114
b. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of heroin
shall be deemed aggravated trafficking, a Class B2
felony offense, punishable by a fine of not less than
Fifty Thousand Dollars ($50,000.00) and not more than
Five Hundred Thousand Dollars ($500,000.00);

4. Amphetamine or methamphetamine:

a. twenty (20) grams or more of a mixture or substance
containing a detectable amount of amphetamine or
methamphetamine shall be a Class B3 felony offense
punishable by a fine of not less than Twenty-five
Thousand Dollars ($25,000.00) and not more than Two
Hundred Thousand Dollars ($200,000.00),

b. two hundred (200) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be a Class B3
felony offense punishable by a fine of not less than
Fifty Thousand Dollars ($50,000.00) and not more than
Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking, a Class B2 felony offense,
punishable by a fine of not less than Fifty Thousand
Dollars ($50,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00);

5. Lysergic acid diethylamide (LSD):

a. one (1) gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be trafficking, a Class B3
felony offense, punishable by a term of imprisonment
in the custody of the Department of Corrections not to
exceed twenty (20) years and by a fine of not less
than Fifty Thousand Dollars ($50,000.00) and not more
than One Hundred Thousand Dollars ($100,000.00), or

b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be aggravated trafficking, a
ENR. H. B. NO. 2104 Page 115
Class B2 felony offense, punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);

6. Phencyclidine (PCP):

a. twenty (20) grams or more of a substance containing a
mixture or substance containing a detectable amount of
phencyclidine (PCP) shall be trafficking, a Class B3
felony offense, punishable by a term of imprisonment
in the custody of the Department of Corrections not to
exceed twenty (20) years and by a fine of not less
than Twenty Thousand Dollars ($20,000.00) and not more
than Fifty Thousand Dollars ($50,000.00), or

b. one hundred fifty (150) grams or more of a substance
containing a mixture or substance containing a
detectable amount of phencyclidine (PCP) shall be
aggravated trafficking, a Class B2 felony offense,
punishable by a term of imprisonment in the custody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than Fifty Thousand Dollars ($50,000.00) and not more
than Two Hundred Fifty Thousand Dollars ($250,000.00);

7. Methylenedioxy methamphetamine:

a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4-
Methylenedioxy methamphetamine shall be trafficking, a
Class B3 felony offense, punishable by a term of
imprisonment in the custody of the Department of
Corrections not to exceed twenty (20) years and by a
fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00), or

b. one hundred (100) tablets or thirty (30) grams of a
mixture or substance containing a detectable amount of
3,4-Methylenedioxy methamphetamine shall be deemed
aggravated trafficking, a Class B3 felony offense,
punishable by a term of imprisonment in the custody of
ENR. H. B. NO. 2104 Page 116
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars
($500,000.00);

8. Morphine: One thousand (1,000) grams or more of a mixture
containing a detectable amount of morphine shall be trafficking, a
Class B3 felony offense, punishable by a term of imprisonment in
the custody of the Department of Corrections not to exceed twenty
(20) years and by a fine of not less than One Hundred Thousand
Dollars ($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);

9. Oxycodone: Four hundred (400) grams or more of a mixture
containing a detectable amount of oxycodone shall be trafficking, a
Class B3 felony offense, punishable by a term of imprisonment in the
custody of the Department of Corrections not to exceed twenty (20)
years and by a fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand Dollars
($500,000.00);

10. Hydrocodone: Three thousand seven hundred fifty (3,750)
grams or more of a mixture containing a detectable amount of
hydrocodone shall be trafficking, a Class B3 felony offense,
punishable by a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);

11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detectable amount of benzodiazepine shall be
trafficking, a Class B3 felony offense, punishable by a term of
imprisonment not to exceed twenty (20) years and by a fine of not
less than One Hundred Thousand Dollars ($100,000.00) and not more
than Five Hundred Thousand Dollars ($500,000.00); and

12. Fentanyl and its analogs and derivatives:

a. one (1) gram or more of a mixture containing fentanyl
or carfentanil, or any fentanyl analogs or
derivatives, shall be trafficking, a Class B3 felony
offense, punishable by a term of imprisonment in the
custody of the Department of Corrections not to exceed
twenty (20) years and by a fine of not less than One
ENR. H. B. NO. 2104 Page 117
Hundred Thousand Dollars ($100,000.00) and not more
than Two Hundred Fifty Thousand Dollars ($250,000.00),
or

b. five (5) grams or more of a mixture containing
fentanyl or carfentanil, or any fentanyl analogs or
derivatives, shall be aggravated trafficking, a Class
B1 felony offense, punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than Two Hundred
Fifty Thousand Dollars ($250,000.00) and not more than
Five Hundred Thousand Dollars ($500,000.00).

D. Any person who violates the provisions of this section with
respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
amphetamine or methamphetamine in a quantity specified in paragraphs
1, 2, 3 and 4 of subsection C of this section shall, in addition to
any fines specified by this section, be punishable by a term of
imprisonment as follows:

1. For trafficking, a first violation of this section, a term
of imprisonment in the custody of the Department of Corrections not
to exceed twenty (20) years;

2. For trafficking, a second violation of this section, a term
of imprisonment in the Department of Corrections of not less than
four (4) years nor more than life, for which the person shall serve
fifty percent (50%) of the sentence before being eligible for parole
consideration;

3. For trafficking, a third or subsequent violation of this
section, a term of imprisonment in the custody of the Department of
Corrections of not less than twenty (20) years nor more than life,
of which the person shall serve fifty percent (50%) of the sentence
before being eligible for parole consideration.

Persons convicted of trafficking shall not be eligible for
earned credits or any other type of credits which have the effect of
reducing the length of sentence to less than fifty percent (50%) of
the sentence imposed; and

If the person is convicted of aggravated trafficking, the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole consideration.
ENR. H. B. NO. 2104 Page 118

E. The penalties specified in subsections C and D of this
section are subject to the enhancements enumerated in subsections E
and F of Section 2-401 of this title.

F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.

SECTION 67. AMENDATORY 21 O.S. 2021, Section 446, is
amended to read as follows:

Section 446. A. It shall be unlawful for any person to
transport, move, or attempt to transport in the State of Oklahoma
any alien knowing or in reckless disregard of the fact that the
alien has come to, entered, or remained in the United States in
violation of law, in furtherance of the illegal presence of the
alien in the United States.

B. It shall be unlawful for any person to conceal, harbor, or
shelter from detection any alien in any place within the State of
Oklahoma, including any building or means of transportation, knowing
or in reckless disregard of the fact that the alien has come to,
entered, or remained in the United States in violation of law.

C. It shall be unlawful for any person to intentionally
destroy, hide, alter, abscond with or keep documentation, including
birth certificates, visas, passports, green cards or other documents
utilized in the regular course of business to either verify or
legally extend an individual’s legal status within the United States
for the purpose of trafficking a person in violation of Section 748
of this title.

D. Nothing in this section shall be construed so as to prohibit
or restrict the provision of any state or local public benefit
described in 8 U.S.C., Section 1621(b), or regulated public health
services provided by a private charity using private funds.

E. Any person violating the provisions of subsections A, B or C
of this section shall, upon conviction, be guilty of a Class B2
felony offense punishable by imprisonment in the custody of the
Department of Corrections for not less than one (1) year, or by a
ENR. H. B. NO. 2104 Page 119
fine of not less than One Thousand Dollars ($1,000.00), or by both
such fine and imprisonment.

SECTION 68. AMENDATORY 21 O.S. 2021, Section 532, is
amended to read as follows:

Section 532. Any sheriff, coroner, clerk of a court, constable
or other ministerial officer and any deputy or subordinate of any
ministerial officer, who either:

1. Willfully or carelessly allows any person lawfully held by
him in custody to escape or go at large, except as may be permitted
by law; or

2. Receives any gratuity or reward, or any security or promise
of one, to procure, assist, connive at or permit any prisoner in his
custody to escape, whether such escape is attempted or not; or

3. Commits any unlawful act tending to hinder justice,

shall be guilty of a Class B2 felony offense.

SECTION 69. AMENDATORY 21 O.S. 2021, Section 741, is
amended to read as follows:

Section 741. Any person who, without lawful authority, seizes,
confines, inveigles, decoys, kidnaps, abducts, or carries away
another, with intent, either:

1. To cause such other person to be confined or imprisoned in
this state against the will of the other person; or

2. To cause such other person to be sent out of this state
against the will of the other person; or

3. To cause such person to be sold as a slave, or in any way
held to service against the will of such person,

shall be guilty of a Class B2 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not exceeding twenty (20) years. Upon any trial for a
violation of this section, the consent thereto of the person
kidnapped or confined, shall not be a defense, unless it appears
ENR. H. B. NO. 2104 Page 120
satisfactorily to the jury, that such person was above the age of
twelve (12) years, and that such consent was not extorted by threat,
or by duress.

Except for persons sentenced to life or life without parole, on
and after the effective date of this act, any person sentenced to
imprisonment for a violation of this section and the offense
involved sexual abuse or sexual exploitation, shall be required to
serve a term of post-imprisonment supervision pursuant to
subparagraph f of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes under conditions determined by the
Department of Corrections. The jury shall be advised that the
mandatory post-imprisonment supervision shall be in addition to the
actual imprisonment.

SECTION 70. AMENDATORY 21 O.S. 2021, Section 856.1, is
amended to read as follows:

Section 856.1. Every person who shall knowingly, intentionally
or willfully cause, aid, abet or encourage a minor child to:

1. Distribute, dispense, possess or manufacture a controlled
dangerous substance, as provided in the Uniform Controlled Dangerous
Substances Act, Section 2-101 et seq. of Title 63 of the Oklahoma
Statutes;

2. Create, distribute, or possess a counterfeit controlled
dangerous substance, as defined by Section 2-101 of Title 63 of the
Oklahoma Statutes;

3. Distribute any imitation controlled substance as defined by
Section 2-101 of Title 63 of the Oklahoma Statutes;

4. Conspire or participate in any scheme, plan or act for the
purposes of avoiding, eluding or evading arrest or detection by law
enforcement authorities for crimes involving controlled substances
as defined by Section 2-101 of Title 63 of the Oklahoma Statutes; or

5. Violate any penal provisions of the Uniform Controlled
Dangerous Substances Act,

shall be guilty of a Class B2 felony offense punishable by
imprisonment in the State Penitentiary for a term not more than
twenty (20) years and a fine of not more than Two Hundred Thousand
Dollars ($200,000.00). Said sentence shall not be subject to
ENR. H. B. NO. 2104 Page 121
statutory provisions for suspended sentences, or deferred sentences
except when the conviction is for a first offense.

SECTION 71. AMENDATORY 21 O.S. 2021, Section 866, is
amended to read as follows:

Section 866. A. 1. The crime of trafficking in children is
defined to consist of any of the following acts or any part thereof:

a. the acceptance, solicitation, offer, payment or
transfer of any compensation, in money, property or
other thing of value, at any time, by any person in
connection with the acquisition or transfer of the
legal or physical custody or adoption of a minor
child, except as ordered by the court or except as
otherwise provided by Section 7505-3.2 of Title 10 of
the Oklahoma Statutes,

b. the acceptance or solicitation of any compensation, in
money, property or other thing of value, by any person
or organization for services performed, rendered or
purported to be performed to facilitate or assist in
the adoption or foster care placement of a minor
child, except by the Department of Human Services, a
child-placing agency licensed in Oklahoma pursuant to
the Oklahoma Child Care Facilities Licensing Act, or
an attorney authorized to practice law in Oklahoma.
The provisions of this paragraph shall not prohibit an
attorney licensed to practice law in another state or
an out-of-state licensed child-placing agency from
receiving compensation when working with an attorney
licensed in this state who is, or when working with a
child-placing agency licensed in this state which is,
providing adoption services or other services
necessary for placing a child in an adoptive
arrangement,

c. bringing or causing to be brought into this state or
sending or causing to be sent outside this state any
child for the purpose of placing such child in a
foster home or for the adoption thereof and thereafter
refusing to comply upon request with the Interstate
Compact on the Placement of Children. Provided,
however, that this provision shall have no application
to the parent or guardian of the child nor to a person
ENR. H. B. NO. 2104 Page 122
bringing said child into this state for the purpose of
adopting the child into such person's own family,

d. the solicitation or receipt of any money or any other
thing of value for expenses related to the placement
of a child for the purpose of an adoption by the birth
parent of the child who at the time of the
solicitation or receipt had no intent to consent to
eventual adoption,

e. the solicitation or receipt of any money or any other
thing of value for expenses related to the placement
of a child for adoption by a woman who knows she is
not pregnant but who holds herself out to be pregnant
and offers to place a child upon birth for adoption,

f. (1) the receipt of any money or any other thing of
value for expenses related to the placement of a
child for adoption by a birth parent, child-
placing agency or attorney who receives, from one
or more parties, any money or any other thing of
value without disclosing to each prospective
adoptive parent, child-placing agency, and
attorney the receipt of any money or any other
thing of value immediately upon receipt,

(2) the solicitation or receipt of any money or any
other thing of value by a birth parent, an
attorney or child-placing agency for expenses
related to the placement of a child for the
purpose of adoption from more than one
prospective adoptive family for the adoption of
one child. A birth parent, child-placing agency
or attorney shall not represent that a child is,
or will be, available for adoption to more than
one prospective adoptive family at one time,

g. advertising of services for compensation to assist
with or effect the placement of a child for adoption
or for care in a foster home by any person or
organization except by the Department of Human
Services, or a child-placing agency licensed in this
state. Nothing in this paragraph shall prohibit an
attorney authorized to practice law in Oklahoma from
ENR. H. B. NO. 2104 Page 123
the advertisement of legal services related to the
adoption of children, and

h. advertisements for and solicitation of a woman who is
pregnant to induce her to place her child upon birth
for adoption, except by a child-placing agency
licensed in this state or an attorney authorized to
practice law in Oklahoma. Nothing in this section
shall prohibit a person from advertising to solicit a
pregnant woman to consider adoptive placement with the
person or to locate a child for an adoptive placement
into the person's own home, provided that such person
has received a favorable preplacement home study
recommendation in accordance with Section 7505-5.1 of
Title 10 of the Oklahoma Statutes, which shall be
verified by the signed written statement of the person
or agency which performed the home study, and provided
that no money or other thing of value is offered as
part of such an inducement except as ordered by the
court or except as otherwise provided by Section 7505-
3.2 of Title 10 of the Oklahoma Statutes.

2. a. Except as otherwise provided by this section, the
violation of any of the subparagraphs in paragraph 1
of this subsection shall constitute a Class B2 felony
offense and shall be punishable by imprisonment of up
to ten (10) years or a fine of up to Ten Thousand
Dollars ($10,000.00) per violation or both such fine
and imprisonment.

b. Prospective adoptive parents who violate subparagraph
a of paragraph 1 of this subsection, upon conviction
thereof, shall be guilty of a misdemeanor and may be
punished by a fine not to exceed Five Thousand Dollars
($5,000.00) per violation.

B. 1. No person shall knowingly publish for circulation within
the borders of the State of Oklahoma an advertisement of any kind in
any print, broadcast or electronic medium, including, but not
limited to, newspapers, magazines, telephone directories, handbills,
radio or television, which violates subparagraph g or h of paragraph
1 of subsection A of this section.

2. Any person violating the provisions of this subsection
shall, upon conviction thereof, be guilty of a misdemeanor and shall
ENR. H. B. NO. 2104 Page 124
be punished by a fine not to exceed Five Thousand Dollars
($5,000.00) per violation.

C. The payment or acceptance of costs and expenses listed in
Section 7505-3.2 of Title 10 of the Oklahoma Statutes shall not be a
violation of this section as long as the petitioner or birth parent
has complied with the applicable procedure specified in Section
7505-3.2 of Title 10 of the Oklahoma Statutes and such costs and
expenses are approved by the court.

D. Any person knowingly failing to file an affidavit of all
adoption costs and expenses before the final decree of adoption as
required by Sections 7505-3.2 and 7505-6.2 of Title 10 of the
Oklahoma Statutes shall be guilty of a misdemeanor.

SECTION 72. AMENDATORY 21 O.S. 2021, Section 1040.8, as
amended by Section 18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.8), is amended to read as follows:

Section 1040.8. A. No person shall knowingly photograph, act
in, pose for, model for, print, sell, offer for sale, give away,
exhibit, publish, offer to publish, or otherwise distribute,
display, or exhibit any book, magazine, story, pamphlet, paper,
writing, card, advertisement, circular, print, picture, photograph,
motion picture film, electronic video game or recording, image,
cast, slide, figure, instrument, statue, drawing, presentation, or
other article which is obscene material or child sexual abuse
material, as defined in Section 1024.1 of this title. In the case
of any unsolicited mailing of any of the material listed in this
section, the offense is deemed complete from the time such material
is deposited in any post office or delivered to any person with
intent that it shall be forwarded. Also, unless preempted by
federal law, no unsolicited mail which is harmful to minors pursuant
to Section 1040.75 of this title shall be mailed to any person. The
party mailing the materials specified in this section may be
indicted and tried in any county wherein such material is deposited
or delivered, or in which it is received by the person to whom it is
addressed.

B. Any person who violates any provision of this section
involving obscene materials, upon conviction, shall be guilty of a
misdemeanor and shall be punished by imprisonment in the county jail
for not more than one (1) year, or by a fine of not less than Two
Thousand Dollars ($2,000.00), or by both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 125
C. Any person who violates any provision of this section
involving child sexual abuse material, upon conviction, shall be
guilty of a Class B2 felony offense and shall be punished by
imprisonment in the custody of the Department of Corrections for not
less than three (3) years and not more than twenty (20) years, or by
a fine of not less than Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment. Any person convicted of a second
or subsequent violation shall, upon conviction, be punished by
imprisonment in the custody of the Department of Corrections for not
less than ten (10) years and not more than thirty (30) years, or by
a fine of not less than Twenty Thousand Dollars ($20,000.00), or by
both such fine and imprisonment. The violator, upon conviction,
shall be required to register as a sex offender under the Sex
Offenders Registration Act.

SECTION 73. AMENDATORY 21 O.S. 2021, Section 1081, is
amended to read as follows:

Section 1081. Any person who shall procure any other person for
prostitution, or who, by promise, threats, violence or by any device
or scheme shall cause, induce, persuade or encourage another person
to become a prostitute; or shall procure a place as inmate in a
house of prostitution for another person; or who shall, by promise,
threats, violence, or by any device or scheme cause, induce,
persuade or encourage an inmate of a house of prostitution to remain
therein as such inmate; or who shall, by fraud, or artifice, or by
duress of person or goods, or by abuse of any position of confidence
or authority procure any other person to become a prostitute, or to
enter any place in which prostitution is encouraged or allowed
within this state, or to come into this state or leave this state
for the purpose of prostitution, or who shall procure any other
person, who has not previously practiced prostitution to become a
prostitute within this state, or to come into this state or leave
this state for the purpose of prostitution; or shall receive or give
or agree to receive or give any money or thing of value for
procuring or attempting to procure any other person to become an
inmate of a house of prostitution within this state, or to come into
this state or leave this state for the purpose of prostitution,
shall be guilty of pandering, and upon conviction for any offense
under this article shall be guilty of a Class B2 felony offense and
shall be punished by imprisonment in the State Penitentiary for a
period of not less than two (2) years nor more than twenty (20)
years and by fines as follows: a fine of not less than One Thousand
Dollars ($1,000.00) and not more than Three Thousand Dollars
($3,000.00) upon the first conviction for such offense, a fine of
ENR. H. B. NO. 2104 Page 126
not less than Three Thousand Dollars ($3,000.00) and not more than
Six Thousand Dollars ($6,000.00) upon the second conviction, and a
fine of not less than Six Thousand Dollars ($6,000.00) and not more
than Nine Thousand Dollars ($9,000.00) for the third or subsequent
convictions for such offense.

SECTION 74. AMENDATORY 21 O.S. 2021, Section 1085, is
amended to read as follows:

Section 1085. Whoever shall by any means keep, hold, detain, or
restrain against her will, any female person in a house of
prostitution or other place where prostitution is practiced or
allowed; or whoever shall, directly or indirectly keep, hold, detain
or restrain or attempt to keep, hold, detain or restrain, in any
house of prostitution or other place where prostitution is practiced
or allowed, any female person by any means for the purpose of
compelling such female person, directly or indirectly to pay,
liquidate or cancel any debt, dues or obligations incurred or said
to have been incurred by such female person, shall upon conviction
be guilty of a Class B2 felony offense and shall be punished by
imprisonment in the State Penitentiary for a period of not less than
two (2) years nor more than twenty (20) years, and by a fine of not
less than Three Hundred Dollars ($300.00) and not more than One
Thousand Dollars ($1,000.00).

SECTION 75. AMENDATORY 21 O.S. 2021, Section 1116, is
amended to read as follows:

Section 1116. Rape in the second degree is a Class B2 felony
offense punishable by imprisonment in the State Penitentiary not
less than one (1) year nor more than fifteen (15) years.

SECTION 76. AMENDATORY 21 O.S. 2021, Section 1402, is
amended to read as follows:

Section 1402. Any person who willfully and maliciously sets
fire to or burns or by the use of any explosive device or substance
or while manufacturing or attempting to manufacture a controlled
dangerous substance in violation of subsection G of Section 2-401 of
Title 63 of the Oklahoma Statutes destroys in whole or in part, or
causes to be burned or destroyed, or aids, counsels or procures the
burning or destruction of any uninhabited or unoccupied building or
structure or contents thereof, whether the property of himself or
another, shall be guilty of arson in the second degree, which is a
Class B2 felony offense, and upon conviction thereof shall be
ENR. H. B. NO. 2104 Page 127
punished by a fine not to exceed Twenty Thousand Dollars
($20,000.00) or be confined in the State Penitentiary for not more
than twenty-five (25) years or both.

SECTION 77. AMENDATORY 57 O.S. 2021, Section 590, is
amended to read as follows:

Section 590. A. It is unlawful for any person registered
pursuant to the Sex Offenders Registration Act to reside, either
temporarily or permanently, within a two-thousand-foot radius of any
public or private school site, educational institution, property or
campsite used by an organization whose primary purpose is working
with children, a playground or park that is established, operated or
supported in whole or in part by a homeowners' association or a
city, town, county, state, federal or tribal government, a licensed
child care center or family child care home as defined in the
Oklahoma Child Care Facilities Licensing Act or the residence of his
or her victim. Establishment of a licensed child care center,
family child care home or park in the vicinity of the residence of a
registered sex offender will not require the relocation of the sex
offender or the sale of the property. On June 7, 2006, the distance
indicated in this section shall be measured from the nearest
property line of the residence of the person to the nearest property
line of the public or private school site, educational institution,
property or campsite used by an organization whose primary purpose
is working with children, playground, park, licensed child care
center, family child care home or residence of his or her victim;
provided, any nonprofit organization established and housing sex
offenders prior to the effective date of this provision shall be
allowed to continue its operation.

Nothing in this provision shall require any person to sell or
otherwise dispose of any real estate or home acquired or owned prior
to the conviction of the person as a sex offender.

B. It shall be unlawful for any person who is required to
register pursuant to the Sex Offenders Registration Act for any
offense in which a minor child was the victim to reside with a minor
child or establish any other living accommodation where a minor
child resides. Provided, however, the person may reside with a
minor child if the person is the parent, stepparent or grandparent
of the minor child and the minor child was not the victim of the
offense for which the person is required to register. Any person
subject to the provisions of the Sex Offenders Registration Act who
resides with a minor child must report to the statewide centralized
ENR. H. B. NO. 2104 Page 128
hotline of the Department of Human Services the name and date of
birth of any and all minor children residing in the same household
and the offenses for which the person is required to register
pursuant to the Sex Offenders Registration Act within three (3) days
of intent to reside with a minor child.

Nothing in the provisions of this subsection shall prevent the
Department of Human Services from conducting and completing a safety
evaluation when a registered sex offender resides in the home of a
minor child.

C. The provisions of this section shall not apply to any
registered sex offender residing in a hospital or other facility
certified or licensed by the State of Oklahoma to provide medical
services.

D. Any person willfully violating the provisions of this
section by:

1. Intentionally moving into any neighborhood or to any real
estate or home within the prohibited distance; or

2. Intentionally moving into a residence with a minor child or
establishing any other living accommodation where a minor child
resides as specified in subsection B of this section,

shall, upon conviction, be guilty of a Class B5 felony offense
punishable by a fine not to exceed Three Thousand Dollars
($3,000.00), or by imprisonment in the custody of the Department of
Corrections for a term of not less than one (1) year nor more than
three (3) years, or by both such fine and imprisonment. Any person
convicted of a second or subsequent violation of this section shall
be guilty of a Class B2 felony offense and shall be punished by a
fine not to exceed Three Thousand Dollars ($3,000.00), or by
imprisonment in the custody of the Department of Corrections for a
term of not less than three (3) years, or by both such fine and
imprisonment.

SECTION 78. AMENDATORY 59 O.S. 2021, Section 1350.6, is
amended to read as follows:

Section 1350.6. A. Notwithstanding any other provision of law,
it shall be unlawful for a bail enforcer to break into and enter the
dwelling house of any defendant or third-party third party for
purposes of recovery or attempted recovery of a defendant either:
ENR. H. B. NO. 2104 Page 129

1. By forcibly bursting or breaking the wall, or an outer door,
window, or shutter of a window of such house or the lock or bolts of
such door, or the fastening of such window or shutter;

2. By breaking in any other manner, being armed with a weapon
or being assisted or aided by one or more persons then actually
present; or

3. By unlocking an outer door by means of false keys or by
picking the lock thereof, or by lifting a latch or opening a window.

B. A person violating the provisions of this section shall be
guilty of burglary in the first degree, a Class B2 felony offense,
and, upon conviction, punished as provided in Section 1436 of Title
21 of the Oklahoma Statutes. Provided, however, the offense and
penalty stated in this section shall not apply to a licensed bail
enforcer during an active attempt at recovery of a felony defendant
under the following conditions:

a. the bail enforcer has first-hand or eyes-on knowledge
that the defendant entered the dwelling house during
an attempt to recover the defendant and the defendant
after reasonable request is refusing to surrender,

b. the bail enforcer has first-hand or eyes-on knowledge
that the defendant is actually within the dwelling
house and after reasonable request is refusing to
surrender, or

c. the bail enforcer has obtained knowledge confirming
beyond a reasonable doubt that the defendant is
actually within the dwelling house and after
reasonable request refuses to surrender.

For purposes of this subsection, "first-hand knowledge" means
information received from direct eye-witness testimony, actual
visual contact with and confirmed identification of the defendant by
a person who knows the defendant or resides at the dwelling house,
or other factual evidence provided directly to the licensed bail
enforcer that confirms the identity and presence of the defendant
within the dwelling house.

The exceptions to the offense and penalty in this section shall
not limit or restrict another person within or without the dwelling
ENR. H. B. NO. 2104 Page 130
house, or owning the dwelling house, from taking any action in
response to or to defend a forced entry into such dwelling house,
including use of a firearm as may be authorized by law. The use of
an exception provided in this subsection by a licensed bail enforcer
shall be a fact to be determined by the district attorney in
considering whether to prosecute an offense under this section. Any
person exercising his or her right to respond or protect the
dwelling house or its occupants shall not be liable for injury to
another who was forcing entry into such dwelling house. An owner or
occupant of a dwelling house may seek damages to his or her property
in a civil action if such damage resulted from a forced entry by a
licensed bail enforcer.

SECTION 79. AMENDATORY 63 O.S. 2021, Section 2-332, is
amended to read as follows:

Section 2-332. A. It shall be unlawful for a person to
knowingly and unlawfully possess a drug product containing
ephedrine, pseudoephedrine or phenylpropanolamine, or their salts,
isomers or salts of isomers with intent to use the product as a
precursor to manufacture methamphetamine or another controlled
substance.

B. Except as provided in this subsection, possession of a drug
product containing more than seven and two-tenths (7.2) grams of
ephedrine, pseudoephedrine or phenylpropanolamine, or their salts,
isomers or salts of isomers shall constitute a rebuttable
presumption of the intent to use the product as a precursor to
methamphetamine or another controlled substance. The rebuttable
presumption established by this subsection shall not apply to the
following persons who are lawfully possessing drug products in the
course of legitimate business:

1. A retail distributor of drug products or wholesaler;

2. A wholesale drug distributor, or its agents, licensed by the
Board of Pharmacy;

3. A manufacturer of drug products, or its agents, licensed by
the Board of Pharmacy;

4. A pharmacist licensed by the Board of Pharmacy; and

5. A licensed healthcare health care professional possessing
the drug products in the course of carrying out his profession.
ENR. H. B. NO. 2104 Page 131

C. A violation of subsection A of this section shall be a Class
B2 felony offense punishable as provided for in subsection G of
Section 2-401 of this title.

D. Any wholesaler, manufacturer, or distributor of drug
products containing pseudoephedrine or phenylpropanolamine, or their
salts, isomers, or salts of isomers shall obtain a registration
annually from the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control. Any such wholesaler, manufacturer, or distributor
shall keep complete records of all transactions involving such drug
products including the names of all parties involved in the
transaction and amount of the drug products involved. The records
shall be kept readily retrievable and separate from all other
invoices or records of transactions not involving such drug
products, and shall be maintained for not less than three (3) years.

E. As used in this section:

1. "Manufacturer" means any person within this state who
produces, compounds, packages, or in any manner initially prepares
for sale or use any drug product described in subsection D of this
section, or any such person in another state if they cause the
products to be compounded, packaged, or transported into this state;

2. "Wholesaler" means any person within this state or another
state, other than a manufacturer, who sells, transfers, or in any
manner furnishes a drug product described in subsection A of this
section to any other person in this state for the purpose of being
resold;

3. "Distributor" means any person within this state or another
state, other than a manufacturer or wholesaler, who sells, delivers,
transfers, or in any manner furnishes a drug product described in
subsection A of this section to any person who is not the ultimate
user or consumer of the product; and

4. "Readily retrievable" means available for inspection without
prior notice at the registration address if that address is within
the State of Oklahoma. If the registration address is in a state
other than Oklahoma, it means records must be furnished within three
(3) working days by courier, facsimile, mail or electronic mail.

ENR. H. B. NO. 2104 Page 132
F. Any substances possessed without a registration as provided
in subsection D of this section shall be subject to forfeiture upon
conviction for a violation of this section.

G. In addition to any administrative penalties provided by law,
any violation of subsection D of this section shall be a
misdemeanor, punishable upon conviction by a fine only in an amount
not more than Ten Thousand Dollars ($10,000.00).

SECTION 80. AMENDATORY 21 O.S. 2021, Section 341, is
amended to read as follows:

Section 341. Every public officer of the state or any county,
city, town, or member or officer of the Legislature, and every
deputy or clerk of any such officer and every other person receiving
any money or other thing of value on behalf of or for account of
this state or any department of the government of this state or any
bureau or fund created by law and in which this state or the people
thereof, are directly or indirectly interested, who either:

First: Receives, directly or indirectly, any interest, profit
or perquisites, arising from the use or loan of public funds in the
officer’s or person’s hands or money to be raised through an agency
for state, city, town, district, or county purposes; or

Second: Knowingly keeps any false account, or makes any false
entry or erasure in any account of or relating to any moneys so
received by him, on behalf of the state, city, town, district or
county, or the people thereof, or in which they are interested; or

Third: Fraudulently alters, falsifies, cancels, destroys or
obliterates any such account,

shall, upon conviction, thereof, be deemed guilty of a Class B3
felony offense and shall be punished by a fine of not to exceed Five
Hundred Dollars ($500.00), and by imprisonment in the State
Penitentiary for a term of not less than one (1) year nor more than
twenty (20) years and, in addition thereto, the person shall be
disqualified to hold office in this state, and the court shall issue
an order of such forfeiture, and should appeal be taken from the
judgment of the court, the defendant may, in the discretion of the
court, stand suspended from such office until such cause is finally
determined.

ENR. H. B. NO. 2104 Page 133
SECTION 81. AMENDATORY 21 O.S. 2021, Section 349, is
amended to read as follows:

Section 349. Any person who willfully burns, destroys, or
injures any public buildings or improvements in this state shall be
guilty of a Class B3 felony offense, punishable by imprisonment in
the State Penitentiary not exceeding twenty-five (25) years.

SECTION 82. AMENDATORY 21 O.S. 2021, Section 539, is
amended to read as follows:

Section 539. Any person who, after proclamation issued by the
Governor declaring any county to be in a state of insurrection,
resists or aids in resisting the execution of process in the county
declared to be in a state of insurrection, or who aids or attempts
the rescue or escape of another from lawful custody or confinement,
or who resists or aids in resisting a force ordered out by the
government to quell or suppress an insurrection, shall be guilty of
a Class B3 felony offense punishable by imprisonment in the State
Penitentiary for not less than two (2) years.

SECTION 83. AMENDATORY 21 O.S. 2021, Section 644.1, is
amended to read as follows:

Section 644.1. A. Any person who commits domestic abuse, as
defined by subsection C of Section 644 of this title, and has a
prior pattern of physical abuse shall be guilty of a Class B3 felony
offense, upon conviction, punishable by imprisonment in the custody
of the Department of Corrections for a term of not more than ten
(10) years or by a fine not exceeding Five Thousand Dollars
($5,000.00) or by both such fine and imprisonment.

B. For purposes of this section, "prior pattern of physical
abuse" means two or more separate incidences, including the current
incident, occurring on different days and each incident relates to
an act constituting assault and battery or domestic abuse committed
by the defendant against a current or former spouse, a present
spouse of a former spouse, parents, a foster parent, a child, a
person otherwise related by blood or marriage, a person with whom
the defendant is in a dating relationship, an individual with whom
the defendant has had a child, a person who formerly lived in the
same household as the defendant, a person living in the same
household as the defendant, a current intimate partner or former
intimate partner, or any combination of such persons, where proof of
each incident prior to the present incident is established by the
ENR. H. B. NO. 2104 Page 134
sworn testimony of a third party who was a witness to the alleged
physical abuse or by other admissible direct evidence that is
independent of the testimony of the victim.

SECTION 84. AMENDATORY 21 O.S. 2021, Section 1289.26, is
amended to read as follows:

Section 1289.26.

USE OF BODY ARMOR

Any person who commits or attempts to commit a felony while
wearing body armor as defined in Section 1289.19 of this title, in
addition to the penalty provided by statute for the felony committed
or attempted, upon conviction shall be guilty of a Class B4 felony
offense for wearing such body armor, which shall be a separate
offense from the felony committed or attempted, and shall be
punishable by imprisonment in the State Penitentiary for a period of
not more than ten (10) years for the first offense, and shall be
guilty of a Class B3 felony offense punishable by imprisonment for a
period of not more than twenty (20) years for any second or
subsequent offense.

SECTION 85. AMENDATORY 21 O.S. 2021, Section 1403, is
amended to read as follows:

Section 1403. A. Any person who willfully and maliciously sets
fire to or burns or by the use of any explosive device or substance
destroys in whole or in part, or causes to be burned or destroyed,
or aids, counsels or procures the burning of any property
whatsoever, including automobiles, trucks, trailers, motorcycles,
boats, standing farm crops, pasture lands, forest lands, or any
other property not herein specifically named, such property being
worth not less than Fifty Dollars ($50.00), whether the property of
himself or another, shall be guilty of arson in the third degree, a
Class C1 felony offense, and upon conviction thereof shall be
punished by a fine not to exceed Ten Thousand Dollars ($10,000.00),
or be confined in the State Penitentiary for not more than fifteen
(15) years as provided for in subsections B through E of Section 20L
of Title 21 of the Oklahoma Statutes.

B. Any person who willfully and maliciously, and with intent to
injure or defraud the insurer, sets fire to or burns or by use of
any explosive device or substance destroys in whole or in part, or
causes to be burned or destroyed, or aids, counsels, or procures the
ENR. H. B. NO. 2104 Page 135
burning or destruction of any building, property, or other chattels,
whether the property of himself or another, which shall at the time
be insured against loss or damage by fire or explosion, shall be
guilty of arson in the third degree, a Class B3 felony offense, and
upon conviction thereof shall be punished by a fine not to exceed
Ten Thousand Dollars ($10,000.00) or be confined in the State
Penitentiary for not more than fifteen (15) years or both.

C. Arson in the third degree is a felony.

SECTION 86. AMENDATORY 21 O.S. 2021, Section 1561, is
amended to read as follows:

Section 1561. Every person who, with intent to defraud, forges,
counterfeits or falsely alters:

1st. Any will or codicil of real or personal property, or any
deed or other instrument being or purporting to be the act of
another, by which any right or interest in real property is, or
purports to be, transferred, conveyed or in any way changed or
affected; or,

2nd. Any certificate or endorsement of the acknowledgment by
any person of any deed or other instrument which by law may be
recorded or given in evidence, made or purporting to have been made
by any officer duly authorized to make such certificate or
endorsement; or,

3rd. Any certificate of the proof of any deed, will, codicil or
other instrument which by law may be recorded or given in evidence,
made or purporting to have been made by any court or officer duly
authorized to make such certificate,

is guilty of forgery in the first degree, a Class B3 felony offense.

SECTION 87. AMENDATORY 21 O.S. 2021, Section 1562, is
amended to read as follows:

Section 1562. Every person who, with intent to defraud, forges,
counterfeits, or falsely alters:

1st. Any certificate or other public security, issued or
purporting to have been issued under the authority of this state, by
virtue of any law thereof, by which certificate or other public
security, the payment of any money absolutely or upon any
ENR. H. B. NO. 2104 Page 136
contingency is promised, or the receipt of any money or property
acknowledged; or

2nd. Any certificate of any share, right or interest in any
public stock created by virtue of any law of this state, issued or
purporting to have been issued by any public officer, or any other
evidence of any debt or liability, of the people of this State,
either absolute or contingent, issued or purporting to have been
issued by any public officer; or,

3rd. Any endorsement or other instrument transferring or
purporting to transfer the right or interest of any holder of any
such certificate, public security, certificate of stock, evidence of
debt or liability, or of any person entitled to such right or
interest;

is guilty of forgery in the first degree, a Class B3 felony offense.

SECTION 88. AMENDATORY 21 O.S. 2021, Section 1622, is
amended to read as follows:

Section 1622. Every person who, with intent to defraud, makes
or subscribes any instrument in his own name, intended to create,
increase, discharge, defeat or diminish any pecuniary obligation,
right or interest, or to transfer or affect any property whatever,
and utters or passes such instrument, under the pretense that it is
the act of another who bears the same name, is guilty of forgery, a
Class B3 felony offense, in the same degree as if he had forged the
instrument of a person bearing a different name from his own.

SECTION 89. AMENDATORY 21 O.S. 2021, Section 1623, is
amended to read as follows:

Section 1623. Every person who, with intent to defraud,
endorses any negotiable instrument in his own name, and utters or
passes such instrument, under the fraudulent pretense that it is
endorsed by another person who bears the same name, is guilty of
forgery, a Class B3 felony offense, in the same degree as if he had
forged the endorsement of a person bearing a different name from his
own.

SECTION 90. AMENDATORY 21 O.S. 2021, Section 1624, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 137
Section 1624. The total or partial erasure or obliteration of
any instrument or writing, with intent to defraud, by which any
pecuniary obligation, or any right, interest or claim to property is
or is intended to be created, increased, discharged, diminished or
in any manner affected, is forgery, a Class B3 felony offense, in
the same degree as the false alteration of any part of such
instrument or writing.

SECTION 91. AMENDATORY 21 O.S. 2021, Section 1626, is
amended to read as follows:

Section 1626. The false making or forging of an evidence of
debt purporting to have been issued by any corporation and bearing
the pretended signature of any person as an agent or officer of such
corporation, is forgery, a Class B3 felony offense, in the same
degree as if such person was at the time an officer or agent of such
corporation; notwithstanding such person may never have been an
officer or agent of such corporation, or notwithstanding there never
was any such person in existence.

SECTION 92. AMENDATORY 21 O.S. 2021, Section 1742.2, is
amended to read as follows:

Section 1742.2. A. Whoever:

1. Knowingly procures, attempts to procure, solicits, or
conspires with another to procure a telephone record of any resident
of this state without the authorization of the customer to whom the
record pertains or by fraudulent, deceptive, or false means;

2. Knowingly sells or attempts to sell a telephone record of
any resident of this state without the authorization of the customer
to whom the record pertains; or

3. Receives a telephone record of any resident of this state
knowing that the record has been obtained without the authorization
of the customer to whom the record pertains or by fraudulent,
deceptive, or false means,

shall be punished in accordance with the provisions of subsection B
of this section and shall be liable for restitution in accordance
with subsection C of this section.

B. An offense under subsection A of this section is a felony
and the punishment is shall be deemed a:
ENR. H. B. NO. 2104 Page 138

1. Imprisonment for not more than five (5) years Class D1
felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes if the violation of subsection A of this section involves a
single telephone record;

2. Imprisonment Class C2 felony offense punishable by
imprisonment for not more than ten (10) years if the violation of
subsection A of this section involves two to ten telephone records
of a resident of this state;

3. Imprisonment Class B3 felony offense punishable by
imprisonment for not more than twenty (20) years if the violation of
subsection A of this section involves more than ten telephone
records of a resident of this state; and

4. In all cases, forfeiture of any personal property used or
intended to be used to commit the offense.

C. A person found guilty of an offense under subsection A of
this section, in addition to any other punishment, shall be ordered
to make restitution for any financial loss sustained by the customer
or any other person who suffered financial loss as the direct result
of the offense.

D. In a prosecution brought pursuant to subsection A of this
section, the act of unauthorized or fraudulent procurement, sale, or
receipt of telephone records shall be considered to have been
committed in the county:

1. Where the customer whose telephone record is the subject of
the prosecution resided at the time of the offense; or

2. In which any part of the offense took place, regardless of
whether the defendant was ever actually present in the county.

E. A prosecution pursuant to subsection A of this section shall
not prevent prosecution pursuant to any other provision of law when
the conduct also constitutes a violation of some other provision of
law.

F. Subsection A of this section shall not apply to any person
acting pursuant to a valid court order, warrant, or subpoena.

ENR. H. B. NO. 2104 Page 139
G. Each violation of subsection A of this section shall be an
unlawful practice pursuant to the provisions of the Oklahoma
Consumer Protection Act.

SECTION 93. AMENDATORY 36 O.S. 2021, Section 4055.14, is
amended to read as follows:

Section 4055.14. A. In addition to the penalties and other
enforcement provisions of the Viatical Settlements Act of 2008, if
any person violates the Viatical Settlements Act of 2008 or any
regulation implementing the Viatical Settlements Act of 2008, the
Insurance Commissioner may seek an injunction in a court of
competent jurisdiction and may apply for temporary and permanent
orders that the Commissioner determines are necessary to restrain
the person from committing the violation.

B. Any person damaged by the acts of a person in violation of
the Viatical Settlements Act of 2008 may bring a civil action
against the person committing the violation in a court of competent
jurisdiction.

C. The Commissioner may issue, in accordance with the
Administrative Procedures Act, a cease and desist order upon a
person that violates any provision of the Viatical Settlements Act
of 2008, any regulation or order adopted by the Commissioner, or any
written agreement entered into with the Commissioner.

D. When the Commissioner finds that an activity in violation of
the Viatical Settlements Act of 2008 presents an immediate danger to
the public that requires an immediate final order, the Commissioner
may issue an emergency cease and desist order reciting with
particularity the facts underlying the findings. The emergency
cease and desist order is effective immediately upon service of a
copy of the order on the respondent and remains effective for ninety
(90) days. If the Commissioner begins nonemergency cease and desist
proceedings, the emergency cease and desist order remains effective,
absent an order by a court of competent jurisdiction pursuant to the
Administrative Procedures Act.

E. In addition to the penalties and other enforcement
provisions of the Viatical Settlements Act of 2008, any person who
violates the Viatical Settlements Act of 2008 is subject to civil
penalties of up to Ten Thousand Dollars ($10,000.00) per violation.
Imposition of civil penalties shall be pursuant to an order of the
Commissioner issued under Section 313 of Title 36 of the Oklahoma
ENR. H. B. NO. 2104 Page 140
Statutes this title. The Commissioner’s order may require a person
found to be in violation of the Viatical Settlements Act of 2008 to
make restitution to persons aggrieved by violations of the Viatical
Settlements Act of 2008.

F. A person convicted of a violation of the Viatical
Settlements Act by a court of competent jurisdiction shall be guilty
of a felony punishable as follows:

1. To Guilty of a Class B3 felony offense punishable by
imprisonment for not more than twenty (20) years or to payment of a
fine of not more than One Hundred Thousand Dollars ($100,000.00), or
both, if the value of the viatical settlement contract is more than
Thirty-five Thousand Dollars ($35,000.00);

2. To Guilty of a Class C2 felony offense punishable by
imprisonment for not more than ten (10) years as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or to payment of a fine of not more than Twenty Thousand
Dollars ($20,000.00), or both, if the value of the viatical
settlement contract is more than Two Thousand Five Hundred Dollars
($2,500.00) but not more than Thirty-five Thousand Dollars
($35,000.00);

3. To Guilty of a Class D1 felony offense punishable by
imprisonment for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or to payment of a fine of not more than Ten Thousand
Dollars ($10,000.00), or both, if the value of the viatical
settlement contract is more than Five Hundred Dollars ($500.00) but
not more than Two Thousand Five Hundred Dollars ($2,500.00); or

4. To Guilty of a Class D3 felony offense punishable by
imprisonment for not more than one (1) year as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or to payment of a fine of not more than Three Thousand
Dollars ($3,000.00), or both, if the value of the viatical
settlement contract is Five Hundred Dollars ($500.00) or less.

A person convicted of a violation of the Viatical Settlements
Act of 2008 shall be ordered to pay restitution to persons aggrieved
by the violation of the Viatical Settlements Act of 2008.
Restitution shall be ordered in addition to a fine or imprisonment,
but not in lieu of a fine or imprisonment.

ENR. H. B. NO. 2104 Page 141
G. Except for a fraudulent viatical settlement act committed by
a viator, the enforcement provisions and penalties of this section
shall not apply to a viator. A person convicted of a violation of
the Viatical Settlements Act of 2008 by a court of competent
jurisdiction may be sentenced in accordance with paragraph 1, 2, 3
or 4 of subsection F of this section based on the greater of (i) the
value of property, services, or other benefit wrongfully obtained or
attempted to obtain, or (ii) the aggregate economic loss suffered by
any person as a result of the violation. A person convicted of a
fraudulent viatical settlement act must be ordered to pay
restitution to persons aggrieved by the fraudulent viatical
settlement act. Restitution must be ordered in addition to a fine
or imprisonment but not in lieu of a fine or imprisonment.

In any prosecution under paragraphs 1, 2, 3 and 4 of subsection
F of this section the value of the viatical settlement contracts
within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section.
When two or more offenses are committed by the same person in two or
more counties, the accused may be prosecuted in any county in which
one of the offenses was committed for all of the offenses aggregated
under this section. The applicable statute of limitations provision
under Section 93 of Title 12 of the Oklahoma Statutes shall not
begin to run until the insurance company or law enforcement agency
is aware of the fraud, but in no event may the prosecution be
commenced later than seven (7) years after the act has occurred.

SECTION 94. AMENDATORY 52 O.S. 2021, Section 47.6, is
amended to read as follows:

Section 47.6. A. Any person who has been determined by the
Commission to have violated any provisions of the Hazardous Liquid
Transportation System Safety Act or any rule, regulation or order
issued pursuant to the provisions of the Hazardous Liquid
Transportation System Safety Act shall be liable for an
administrative penalty of not more than Two Hundred Thousand Dollars
($200,000.00) for each day that the violation continues. The
maximum administrative penalty shall not exceed Two Million Dollars
($2,000,000.00) for any related series of violations.

B. 1. The amount of the penalty shall be assessed by the
Commission pursuant to the provisions of subsection A of this
section, after notice and hearing. In determining the amount of the
penalty, the Commission shall include but not be limited to
consideration of the nature, circumstances, and gravity of the
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violation and, with respect to the person found to have committed
the violation, the degree of culpability, the effect on ability of
the person to continue to do business, and any show of good faith in
attempting to achieve compliance with the provisions of the
Hazardous Liquid Transportation System Safety Act.

2. All penalties collected pursuant to the provisions of this
subsection shall be deposited in the Pipeline Enforcement Fund.

C. Any person who willfully and knowingly injures or destroys,
or attempts to injure or destroy, any hazardous liquid
transportation system, upon conviction thereof, shall be guilty of a
Class B3 felony offense and shall be subject for each offense to a
fine of not more than Twenty-five Thousand Dollars ($25,000.00),
imprisonment for a term not less than five (5) years and not to
exceed fifteen (15) years, or by both such fine and imprisonment.

SECTION 95. AMENDATORY 57 O.S. 2021, Section 21, is
amended to read as follows:

Section 21. A. Any person who, without authority, brings into
or has in his or her possession in any jail or state penal
institution or other place where prisoners are located, any gun,
knife, bomb or other dangerous instrument, any controlled dangerous
substance as defined by the Uniform Controlled Dangerous Substances
Act, any alcoholic beverage as defined by Section 1-103 of Title 37A
of the Oklahoma Statutes, money or financial documents for a person
other than the inmate or a spouse of the inmate, including but not
limited to tax returns, shall be guilty of a Class B3 felony offense
and, upon conviction, shall be punished by imprisonment in the
custody of the Department of Corrections for a term of not less than
one (1) year nor more than five (5) years, or by a fine of not less
than One Hundred Dollars ($100.00) nor more than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment.
Provided, the provisions of this subsection shall not prohibit any
Department of Corrections employee who has a valid handgun license
pursuant to the Oklahoma Self-Defense Act to keep a firearm in a
vehicle on any property set aside for the parking of any vehicle,
whether occupied or unoccupied, at any state-owned prison facility,
provided the employee has provided annual notification to the
Department of Corrections of the brand name, model, serial number,
and owner identification information of the firearm, and the firearm
is secured and stored in a locked metal storage container located in
a locked vehicle. The storage container will be secured in the
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vehicle by a lockable chain or cable or by utilizing hardware
provided by the manufacturer.

B. If an inmate is found to be in possession of any item
prohibited by this section, upon conviction, such inmate shall be
guilty of a Class D1 felony offense and shall be punished by
imprisonment for a term of not less than five (5) years nor more
than twenty (20) years in the custody of the Department of
Corrections as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.

C. If the person found to be in possession of any item
prohibited by this section has committed, prior to the commission of
an offense in violation of this section, two or more felony
offenses, and the possession of contraband in violation of this
section is within ten (10) years of the completion of the execution
of the sentence for any prior offense, such person, upon conviction,
shall be guilty of a felony and shall be punished by imprisonment in
the custody of the Department of Corrections for a term of not less
than twenty (20) years. Felony offenses relied upon shall not have
arisen out of the same transaction or occurrence or series of events
closely related in time and location.

D. Any person who, without authority, brings into or has in his
or her possession in any jail or state penal institution or other
place where prisoners are located, cigarettes, cigars, snuff,
chewing tobacco or any other form of tobacco product shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail not to exceed one (1) year, or by a fine not
exceeding Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.

E. Any person who knowingly, willfully and without authority
brings into or has in his or her possession in any secure area of a
jail or state penal institution or other secure place where
prisoners are located any cellular phone or electronic device
capable of sending or receiving any electronic communication shall,
upon conviction, be guilty of a Class D1 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term not exceeding two (2) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00),
or by both such fine and imprisonment.

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F. Any contraband item prohibited by the provisions of this
section that is seized as a result of a violation of this section
may be forfeited by the agency that seized the contraband item
following the procedures outlined in Section 2-506 of Title 63 of
the Oklahoma Statutes.

G. "Electronic communication" means any transfer of signs,
signals, writings, images, sounds, data or intelligence of any
nature transmitted in whole or part by a wire, radio,
electromagnetic, photo-electronic or photo-optical system, and
includes, but is not limited to, the transfer of that communication
through the Internet.

SECTION 96. AMENDATORY 63 O.S. 2021, Section 2-406, as
last amended by Section 7, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
2024, Section 2-406), is amended to read as follows:

Section 2-406. A. It shall be unlawful for any registrant or
person applying for registration to knowingly or intentionally:

1. Distribute, other than by dispensing or as otherwise
authorized by the Uniform Controlled Dangerous Substances Act, a
controlled dangerous substance classified in Schedules I or II, in
the course of his or her legitimate business, except pursuant to an
order form as required by Section 2-308 of this title. Any
registrant or person convicted of violating the provisions of this
paragraph shall be guilty of a Class B3 felony offense;

2. Use in the course of the manufacture or distribution of a
controlled dangerous substance a registration number which is
fictitious, revoked, suspended or issued to another person. Any
registrant or person convicted of violating the provisions of this
paragraph shall be guilty of a Class B3 felony offense;

3. Acquire or obtain possession of a controlled dangerous
substance by misrepresentation, fraud, forgery, deception or
subterfuge. Any registrant or person convicted of violating the
provisions of this paragraph shall be guilty of a Class C1 felony
offense punishable as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes;

4. Furnish false or fraudulent material information in, or omit
any material information from, any application, report, or other
document required to be kept or filed under the Uniform Controlled
Dangerous Substances Act, or any record required to be kept by the
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Uniform Controlled Dangerous Substances Act. Any registrant or
person convicted of violating the provisions of this paragraph shall
be guilty of a Class B3 felony offense;

5. Make, distribute, or possess any punch, die, plate, stone,
or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance. Any registrant or
person convicted of violating the provisions of this paragraph shall
be guilty of a Class B3 felony offense; and

6. Purchase, or attempt, endeavor, or conspire to obtain or
purchase, any license or registration required to distribute,
possess, prescribe, or manufacture any controlled dangerous
substance on behalf of, or at the request or demand of, any other
person through the use of a straw person or straw party.

B. Any Except as provided for in paragraph 3 of subsection A of
this section, any person who violates this section is guilty of a
felony punishable shall, upon conviction, be punished by
imprisonment for not more than twenty (20) years or a fine not more
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwise authorized.
Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.

D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.

SECTION 97. AMENDATORY 63 O.S. 2021, Section 2-419.1, is
amended to read as follows:

Section 2-419.1. A. It shall be unlawful for any individual
eighteen (18) years of age or older to solicit, employ, hire, or use
an individual under eighteen (18) years of age to unlawfully
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transport, carry, sell, give away, prepare for sale, or peddle any
controlled dangerous substance.

B. A person who violates subsection A of this section shall be
guilty of a Class C1 felony offense and, upon conviction, shall be
punishable by a term of imprisonment, or fine, or both, not
exceeding twice that authorized by Section 2-401 of Title 63 of the
Oklahoma Statutes this title.

C. A person who violates subsection A of this section after a
previous conviction pursuant to that subsection which has become
final, shall be punishable by a term of imprisonment not exceeding
three times that authorized by Section 2-401 of Title 63 of the
Oklahoma Statutes this title.

D. A person who violates subsection A of this section by
employing, hiring, or using an individual under fifteen (15) years
of age shall, upon conviction, be guilty of a Class B3 felony
offense and may be imprisoned for not more than twenty-five (25)
years, fined not more than One Hundred Thousand Dollars
($100,000.00), or both, in addition to any other punishment
authorized by this section.

E. It shall not be a defense to this section that a person did
not know the age of an individual.

SECTION 98. AMENDATORY 63 O.S. 2021, Section 4253, is
amended to read as follows:

Section 4253. A. Any person who knowingly and with intent that
a violation of this section be committed:

1. Owns, operates, or conducts a chop shop;

2. Transports any vessel or motor or vessel or motor part to or
from a location knowing it to be a chop shop; or

3. Sells, transfers, purchases, or receives any vessel or motor
or vessel or motor part either to or from a location knowing it to
be a chop shop,

upon conviction, is guilty of a Class C1 felony offense, punishable
by imprisonment for not more than ten (10) years as provided for in
subsections B through E of Section 20L of Title 21 of the Oklahoma
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Statutes, or by a fine of not more than One Hundred Thousand Dollars
($100,000.00), or both such imprisonment and fine.

B. Any person who knowingly alters, counterfeits, defaces,
destroys, disguises, falsifies, forges, obliterates, or knowingly
removes a hull identification number, manufacturer's serial number
or other identification number with the intent to misrepresent the
identity or prevent the identification of a vessel or motor or
vessel or motor part, upon conviction, is guilty of a Class C2
felony offense, punishable by imprisonment for not more than ten
(10) years as provided for in subsections B through F of Section 20M
of Title 21 of the Oklahoma Statutes, or by a fine of not more than
One Hundred Thousand Dollars ($100,000.00), or both such
imprisonment and fine.

C. 1. Any person who buys, disposes, sells, transfers, or
possesses a vessel or motor or vessel or motor part, with knowledge
that the hull identification number, manufacturer's serial number or
other identification number of the vessel or motor or vessel or
motor part has been altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated, or removed, upon
conviction, is guilty of a Class D1 felony offense, punishable by
imprisonment for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Fifty Thousand Dollars
($50,000.00), or both such imprisonment and fine.

2. The provisions of paragraph 1 of this subsection shall not
apply to a vessel or motor scrap processor who, in the normal legal
course of business and in good faith, processes a vessel or motor or
vessel or motor part by crushing, compacting, or other similar
methods, provided that any hull identification number,
manufacturer's serial number or other identification number is not
removed from the vessel or motor or vessel or motor part prior to or
during any such processing.

3. The provisions of paragraph 1 of this subsection shall not
apply to any owner or authorized possessor of a vessel or motor or
vessel or motor part which has been recovered by law enforcement
authorities after having been stolen or where the condition of the
hull identification number, manufacturer's serial number or other
identification number of the vessel or motor or vessel or motor part
is known to or has been reported to law enforcement authorities. It
shall be presumed that law enforcement authorities have knowledge of
all hull identification numbers, manufacturer's serial numbers or
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other identification numbers on a vessel or motor or vessel or motor
part which are altered, counterfeited, defaced, disguised,
falsified, forged, obliterated, or removed, when law enforcement
authorities deliver or return the vessel or motor or vessel or motor
part to its owner or authorized possessor after it has been
recovered by law enforcement authorities after having been reported
stolen.

D. A person commits an attempt when, with intent to commit a
violation proscribed by subsection A, B or C of this section, the
person does any act which constitutes a substantial step toward the
commission of the violation proscribed by subsection A, B or C of
this section, and upon conviction is guilty of a Class C2 felony
offense, punishable by imprisonment for not more than five (5) years
as provided for in subsections B through F of Section 20M of Title
21 of the Oklahoma Statutes, or by a fine of not more than Fifty
Thousand Dollars ($50,000.00), or both such imprisonment and fine.

E. A person commits conspiracy when, with an intent that a
violation proscribed by subsection A, B or C of this section be
committed, the person agrees with another to the commission of the
violation proscribed by subsection A, B or C of this section, and
upon conviction is guilty of a Class D3 felony offense, punishable
by imprisonment for not more than two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Twenty-five Thousand Dollars
($25,000.00), or both such imprisonment and fine. No person may be
convicted of conspiracy under this section unless an act in
furtherance of such agreement is alleged and proved to have been
committed by that person or a coconspirator.

F. A person commits solicitation when, with intent that a
violation proscribed by subsection A, B or C of this section be
committed, the person commands, encourages, or requests another to
commit the violation proscribed by subsection A, B or C of this
section, and upon conviction is guilty of a Class D3 felony offense,
punishable by imprisonment for not more than two (2) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or by a fine of not more than Ten Thousand
Dollars ($10,000.00), or both such imprisonment and fine.

G. A person commits aiding and abetting when, either before or
during the commission of a violation proscribed by subsection A, B
or C of this section, with the intent to promote or facilitate such
commission, the person aids, abets, agrees or attempts to aid
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another in the planning or commission of the violation proscribed by
subsection A, B or C of this section, and upon conviction is guilty
of a Class D3 felony offense, punishable by imprisonment for not
more than one (1) year as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes, or by a fine of
not more than Five Thousand Dollars ($5,000.00), or both such
imprisonment and fine.

H. A person is an accessory after the fact who maintains,
assists, or gives any other aid to an offender while knowing or
having reasonable grounds to believe the offender to have committed
a violation under subsection A, B, C, D, E, F or G of this section,
and upon conviction is guilty of a Class D3 felony offense,
punishable by imprisonment for not more than one (1) year as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or by a fine of not more than Five
Thousand Dollars ($5,000.00), or both such imprisonment and fine.

I. No prosecution shall be brought and no person shall be
convicted of any violation under this section, where acts of the
person, otherwise constituting a violation, were done in good faith
in order to comply with the laws or regulations of any state or
territory of the United States, or of the federal government of the
United States.

J. The sentence imposed upon a person convicted of any
violation of this section shall not be reduced to less than one (1)
year imprisonment for a second conviction of any violation, or less
than five (5) years for a third or subsequent conviction of any
violation of this section, and no sentence imposed upon a person for
a second or subsequent conviction of any violation of this section
shall be suspended or reduced, until such person shall have served
the minimum period of imprisonment provided for herein. A person
convicted of a second or subsequent violation of this section shall
not be eligible for probation, parole, furlough or work release. A
second conviction or any third or subsequent conviction of a
violation of this section shall be deemed a Class B3 felony offense.

K. 1. In addition to any other punishment, a person who
violates this section shall be ordered to make restitution to the
lawful owner or owners of the stolen vessel or motor or the stolen
vessel or motor part or parts, or to the owner's insurer to the
extent that the owner has been compensated by the insurer, and to
any other person for any financial loss sustained as a result of a
violation of this section.
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Financial loss shall include, but not be limited to, loss of
earnings, out-of-pocket and other expenses, repair and replacement
costs and claims payments. "Lawful owner" shall include an innocent
bona fide purchaser for value of a stolen vessel or motor or stolen
vessel or motor part who does not know that the vessel or motor or
part is stolen; or an insurer to the extent that such insurer has
compensated a bona fide purchaser for value.

2. The court shall determine the extent and method of
restitution. In an extraordinary case, the court may determine that
the best interests of the victim and justice would not be served by
ordering restitution. In any such case, the court shall make and
enter specific written findings on the record concerning the
extraordinary circumstances presented which militated against
restitution.

SECTION 99. AMENDATORY 21 O.S. 2021, Section 53, is
amended to read as follows:

Section 53. Every woman who, having been convicted of
endeavoring to conceal the birth of an issue of her body, which, if
born alive, would be a bastard, or the death of any such issue under
the age of two (2) years, subsequently to such conviction endeavors
to conceal any such birth or death of issue of her body, shall be
guilty of a Class B4 felony offense punishable by imprisonment in
the State Penitentiary not exceeding five (5) years and not less
than two (2) years.

SECTION 100. AMENDATORY 21 O.S. 2021, Section 645, is
amended to read as follows:

Section 645. Every person who, with intent to do bodily harm
and without justifiable or excusable cause, commits any assault,
battery, or assault and battery upon the person of another with any
sharp or dangerous weapon, or who, without such cause, shoots at
another, with any kind of firearm, air gun, conductive energy weapon
or other means whatever, with intent to injure any person, although
without the intent to kill such person or to commit any felony, upon
conviction is guilty of a Class B4 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years,
or by imprisonment in a county jail not exceeding one (1) year.

SECTION 101. AMENDATORY 21 O.S. 2021, Section 799, is
amended to read as follows:
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Section 799. Any person guilty of robbery in the second degree
shall be guilty of a Class B4 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years.

SECTION 102. AMENDATORY 21 O.S. 2021, Section 843.3, is
amended to read as follows:

Section 843.3. A. Any person who engages in abuse, sexual
abuse, or exploitation of a vulnerable adult, as defined in Section
10-103 of Title 43A of the Oklahoma Statutes, shall be guilty of a
Class B4 felony offense. The person, upon conviction, shall be
fined not more than Ten Thousand Dollars ($10,000.00) or be
imprisoned in the custody of the Department of Corrections for a
term of not more than two (2) years, or both such fine and
imprisonment.

B. Any person who has a responsibility to care for a vulnerable
adult as defined by Section 10-103 of Title 43A of the Oklahoma
Statutes who purposely, knowingly or recklessly neglects the
vulnerable adult shall be guilty of a Class D1 felony offense. The
person, upon conviction, shall be fined not more than Ten Thousand
Dollars ($10,000.00), or be imprisoned in the custody of the
Department of Corrections for a term of not more than two (2) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or both such fine and imprisonment.

C. In addition the court shall consider any provision of the
Elderly and Incapacitated Victim’s Protection Act when the victim is
an elderly or incapacitated person as defined by Section 991a-15 of
Title 22 of the Oklahoma Statutes.

SECTION 103. AMENDATORY 21 O.S. 2021, Section 850, is
amended to read as follows:

Section 850. A. No person shall maliciously and with the
specific intent to intimidate or harass another person because of
that person's race, color, religion, ancestry, national origin or
disability:

1. Assault or batter another person;

2. Damage, destroy, vandalize or deface any real or personal
property of another person; or

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3. Threaten, by word or act, to do any act prohibited by
paragraph 1 or 2 of this subsection if there is reasonable cause to
believe that such act will occur.

B. No person shall maliciously and with specific intent to
incite or produce, and which is likely to incite or produce,
imminent violence, which violence would be directed against another
person because of that person's race, color, religion, ancestry,
national origin or disability, make or transmit, cause or allow to
be transmitted, any telephonic, computerized, or electronic message.

C. No person shall maliciously and with specific intent to
incite or produce, and which is likely to incite or produce,
imminent violence, which violence would be directed against another
person because of that person's race, color, religion, ancestry,
national origin or disability, broadcast, publish, or distribute,
cause or allow to be broadcast, published or distributed, any
message or material.

D. Any person convicted of violating any provision of
subsections A, B or C of this section shall be guilty of a
misdemeanor on a first offense and a Class B4 felony offense
punishable by not more than ten (10) years incarceration in the
custody of the Department of Corrections for a second or subsequent
offense. The fine for a felony violation of this section shall not
exceed Ten Thousand Dollars ($10,000.00). Furthermore, said person
shall be civilly liable for any damages resulting from any violation
of this section.

E. Upon conviction, any person guilty of a misdemeanor in
violation of this section shall be punishable by the imposition of a
fine not exceeding One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a period of not more than one
(1) year, or by both such fine and imprisonment.

F. The Oklahoma State Bureau of Investigation shall develop a
standard system for state and local law enforcement agencies to
report incidents of crime which are apparently directed against
members of racial, ethnic, religious groups or other groups
specified by this section. The Oklahoma State Bureau of
Investigation shall promulgate rules, regulations and procedures
necessary to develop, implement and maintain a standard system for
the collection and reporting of hate crime data. All state, county,
city and town law enforcement agencies shall submit a monthly report
to the Oklahoma State Bureau of Investigation on forms prescribed by
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the Bureau. The report shall contain the number and nature of the
offenses committed within their respective jurisdictions, the
disposition of such matters and any other information the Bureau may
require, respecting information relating to the cause and prevention
of crime, recidivism, the rehabilitation of criminals and the proper
administration of criminal justice.

G. No person, partnership, company or corporation that installs
telephonic, computerized, or electronic message equipment shall be
required to monitor the use of such equipment for possible
violations of this section, nor shall such person, partnership,
company or corporation be held criminally or civilly liable for the
use by another person of the equipment in violation of this section,
unless the person, partnership, company or corporation that
installed the equipment had prior actual knowledge that the
equipment was to be used in violation of this section.

SECTION 104. AMENDATORY 21 O.S. 2021, Section 851, is
amended to read as follows:

Section 851. A. Any parent of any child or children under the
age of ten (10) years, and every person to whom such child or
children have been confided for nurture or education, who deserts
such child or children within this state, or takes such child or
children without this state, with the intent wholly to abandon it
shall be deemed guilty of a Class B4 felony offense and upon
conviction thereof shall be punished by imprisonment in the State
Penitentiary for any period of time not less than one (1) year nor
more than ten (10) years.

B. It is an affirmative defense to a prosecution under this
section that a parent voluntarily delivered a child under the age of
thirty (30) days to and left the child with, or voluntarily arranged
for another person to deliver a child to and leave the child with, a
medical services provider or child rescuer as provided in Section 1-
2-109 of Title 10A of the Oklahoma Statutes.

SECTION 105. AMENDATORY 21 O.S. 2021, Section 853, is
amended to read as follows:

Section 853. Every person who shall without good cause abandon
his wife in destitute or necessitous circumstances and neglect and
refuse to maintain or provide for her, or who shall abandon his or
her minor child or children under the age of fifteen (15) years and
willfully neglect or refuse to maintain or provide for such child or
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children, shall be deemed guilty of a Class B4 felony offense and,
upon conviction thereof, shall be punished by imprisonment in the
State Penitentiary for any period of time not less than one (1) year
or more than ten (10) years.

SECTION 106. AMENDATORY 21 O.S. 2021, Section 856, is
amended to read as follows:

Section 856. A. 1. Except as otherwise specifically provided
by law, every person who shall knowingly or willfully cause, aid,
abet or encourage a minor to be, to remain, or to become a
delinquent child or a runaway child, upon conviction, shall, for the
first offense, be guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed one (1) year, or by a fine not to
exceed One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.

2. For purposes of prosecution under this subsection, a
"runaway child" means an unemancipated minor who is voluntarily
absent from the home without a compelling reason, without the
consent of a custodial parent or other custodial adult and without
the parent or other custodial adult's knowledge as to the child's
whereabouts. "Compelling reason" means imminent danger from incest,
a life-threatening situation, or equally traumatizing circumstance.
A person aiding a runaway child pursuant to paragraph (4) of
subsection (a) of Section 5 of Title 76 of the Oklahoma Statutes or
aiding a child based upon a reasonable belief that the child is in
physical, mental or emotional danger and with notice to the
Department of Human Services or a local law enforcement agency of
the location of the child within twelve (12) hours of aiding the
child shall not be subject to prosecution under this section.

B. Every person convicted of a second or any subsequent
violation of this section shall be guilty of a Class D3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not to exceed three (3) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.

C. Every person eighteen (18) years of age or older who shall
knowingly or willfully cause, aid, abet, or encourage a minor to
commit or participate in committing an act that would be a felony if
committed by an adult shall, upon conviction, be guilty of a Class
B5 felony offense punishable by the maximum penalty allowed for
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conviction of the offense or offenses which the person caused,
aided, abetted, or encouraged the minor to commit or participate in
committing.

D. Every person who shall knowingly or willfully cause, aid,
abet, encourage, solicit, or recruit a minor to participate, join,
or associate with any criminal street gang, as defined by subsection
F of this section, or any gang member for the purpose of committing
any criminal act shall, upon conviction, be guilty of a Class B5
felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term of not more than five (5)
years, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both such fine and imprisonment.

E. Every person convicted of a second or subsequent violation
of subsection D of this section shall be guilty of a Class B4 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term not less than five (5) years nor more than
ten (10) years, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.

F. "Criminal street gang" means any ongoing organization,
association, or group of five or more persons that specifically
either promotes, sponsors, or assists in, or participates in, and
requires as a condition of membership or continued membership, the
commission of one or more of the following criminal acts:

1. Assault, battery, or assault and battery with a deadly
weapon, as defined in Section 645 of this title;

2. Aggravated assault and battery as defined by Section 646 of
this title;

3. Robbery by force or fear, as defined in Sections 791 through
797 of this title;

4. Robbery or attempted robbery with a dangerous weapon or
imitation firearm, as defined by Section 801 of this title;

5. Unlawful homicide or manslaughter, as defined in Sections
691 through 722 of this title;

6. The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled dangerous
ENR. H. B. NO. 2104 Page 156
substances, as defined in Section 2-101 et seq. of Title 63 of the
Oklahoma Statutes;

7. Trafficking in illegal drugs, as provided for in the
Trafficking in Illegal Drugs Act, Section 2-414 of Title 63 of the
Oklahoma Statutes;

8. Arson, as defined in Sections 1401 through 1403 of this
title;

9. The influence or intimidation of witnesses and jurors, as
defined in Sections 388, 455 and 545 of this title;

10. Theft of any vehicle, as described in Section 1720 of this
title;

11. Rape, as defined in Section 1111 of this title;

12. Extortion, as defined in Section 1481 of this title;

13. Transporting a loaded firearm in a motor vehicle, in
violation of Section 1289.13 of this title;

14. Possession of a concealed weapon, as defined by Section
1289.8 of this title;

15. Shooting or discharging a firearm, as defined by Section
652 of this title;

16. Soliciting, inducing or enticing another to commit an act
of prostitution, as defined by Section 1030 of this title;

17. Human trafficking, as defined by Section 748 of this title;
or

18. Possession of a firearm after former conviction of a
felony, as defined by Section 1283 of this title.

SECTION 107. AMENDATORY 21 O.S. 2021, Section 885, is
amended to read as follows:

Section 885. Persons who, being within the degrees of
consanguinity within which marriages are by the laws of the state
declared incestuous and void, intermarry with each other, or commit
adultery or fornication with each other, shall be guilty of a Class
ENR. H. B. NO. 2104 Page 157
B4 felony offense punishable by imprisonment in the custody of the
Department of Corrections not exceeding ten (10) years. Except for
persons sentenced to life or life without parole, any person
sentenced to imprisonment for two (2) years or more for a violation
of this subsection shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 108. AMENDATORY 21 O.S. 2021, Section 886, is
amended to read as follows:

Section 886. Every person who is guilty of the detestable and
abominable crime against nature, committed with mankind or with a
beast, is guilty of a Class B4 felony offense punishable by
imprisonment in the custody of the Department of Corrections not
exceeding ten (10) years. Except for persons sentenced to life or
life without parole, any person sentenced to imprisonment for two
(2) years or more for a violation of this section shall be required
to serve a term of post-imprisonment supervision pursuant to
subparagraph f of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes under conditions determined by the
Department of Corrections. The jury shall be advised that the
mandatory post-imprisonment supervision shall be in addition to the
actual imprisonment.

SECTION 109. AMENDATORY 21 O.S. 2021, Section 891, is
amended to read as follows:

Section 891. Whoever maliciously, forcibly or fraudulently
takes or entices away any child under the age of sixteen (16) years,
with intent to detain or conceal such child from its parent,
guardian or other person having the lawful charge of such child or
to transport such child from the jurisdiction of this state or the
United States without the consent of the person having lawful charge
of such child shall, upon conviction, be guilty of a Class B4 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not exceeding ten (10) years.

Except for persons sentenced to life or life without parole, any
person sentenced to imprisonment for two (2) years or more for a
violation of this section and the offense involved sexual abuse or
sexual exploitation, shall be required to serve a term of post-
ENR. H. B. NO. 2104 Page 158
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 110. AMENDATORY 21 O.S. 2021, Section 1028, as
amended by Section 1, Chapter 267, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1028), is amended to read as follows:

Section 1028. A. It shall be unlawful in the State of
Oklahoma:

1. To keep, set up, maintain, or operate any house, place,
building, other structure, or part thereof, or vehicle, trailer, or
other conveyance with the intent of committing an act of
prostitution, lewdness, or assignation;

2. To knowingly own any house, place, building, other
structure, or part thereof, or vehicle, trailer, or other conveyance
used with the intent of committing an act of lewdness, assignation,
or prostitution, or to let, lease, or rent, or contract to let,
lease, or rent any such place, premises, or conveyance, or part
thereof, to another with knowledge or reasonable cause to believe
that the intention of the lessee or rentee is to use such place,
premises, or conveyance for prostitution, lewdness, or assignation;

3. To offer, or to offer to secure, another with the intent of
having such person commit an act of prostitution, or with the intent
of having such person commit any other lewd or indecent act;

4. To receive or to offer or agree to receive any person into
any house, place, building, other structure, vehicle, trailer, or
other conveyance with the intent of committing an act of
prostitution, lewdness, or assignation, or to permit any person to
remain there with such intent;

5. To direct, take, or transport, or to offer or agree to take
or transport, or aid or assist in transporting, any person to any
house, place, building, other structure, vehicle, trailer, or other
conveyance, or to any other person with knowledge or having
reasonable cause to believe that the intent of such directing,
taking or transporting is prostitution, lewdness or assignation;

ENR. H. B. NO. 2104 Page 159
6. To knowingly accept, receive, levy, or appropriate any money
or other thing of value without consideration from a prostitute or
from the proceeds of any person engaged in prostitution; or

7. To knowingly abet the crime of prostitution by allowing a
house, place, building, or parking lot to be used or occupied by a
person who is soliciting, inducing, enticing, or procuring another
to commit an act of lewdness, assignation, or prostitution or who is
engaging in prostitution, lewdness, or assignation on the premises
of the house, place, building, or parking lot.

B. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class B4 felony offense
punishable by imprisonment in the Department of Corrections for a
term of not more than five (5) years, and by a fine as follows:

1. Not more than Five Thousand Dollars ($5,000.00) upon the
first conviction;

2. Not more than Ten Thousand Dollars ($10,000.00) upon the
second conviction; and

3. Not more than Fifteen Thousand Dollars ($15,000.00) upon the
third or subsequent conviction.

C. Any person who violates the provisions of this section where
the victim of the offense is under eighteen (18) years of age at the
time of the offense 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 fifteen (15) years, and by a
fine as follows:

1. Not more than Ten Thousand Dollars ($10,000.00) upon the
first conviction;

2. Not more than Twenty Thousand Dollars ($20,000.00) upon the
second conviction; and

3. Not more than Thirty Thousand Dollars ($30,000.00) upon the
third or subsequent conviction.

SECTION 111. AMENDATORY 21 O.S. 2021, Section 1040.13,
as amended by Section 21, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.13), is amended to read as follows:

ENR. H. B. NO. 2104 Page 160
Section 1040.13. Every person who, with knowledge of its
contents, sends, brings, or causes to be sent or brought into this
state for sale or commercial distribution, or in this state
prepares, sells, exhibits, commercially distributes, gives away,
offers to give away, or has in his or her possession with intent to
sell, to commercially distribute, to exhibit, to give away, or to
offer to give away any obscene material or child sexual abuse
material or gives information stating when, where, how, or from
whom, or by what means obscene material or child sexual abuse
material can be purchased or obtained, upon conviction, is guilty of
a Class B4 felony offense and shall be punished by imprisonment for
not more than ten (10) years in prison or by a fine of not more than
Ten Thousand Dollars ($10,000.00), or by both such imprisonment and
fine.

SECTION 112. AMENDATORY 21 O.S. 2021, Section 1040.13a,
is amended to read as follows:

Section 1040.13a. A. It is unlawful for any person to
facilitate, encourage, offer or solicit sexual conduct with a minor,
or other individual the person believes to be a minor, by use of any
technology, or to engage in any communication for sexual or prurient
interest with any minor, or other individual the person believes to
be a minor, by use of any technology. For purposes of this
subsection, “by use of any technology” means the use of any
telephone or cell phone, computer disk (CD), digital video disk
(DVD), recording or sound device, CD-ROM, VHS, computer, computer
network or system, Internet or World Wide Web address including any
blog site or personal web address, e-mail address, Internet Protocol
address (IP), text messaging or paging device, any video, audio,
photographic or camera device of any computer, computer network or
system, cell phone, any other electrical, electronic, computer or
mechanical device, or any other device capable of any transmission
of any written or text message, audio or sound message,
photographic, video, movie, digital or computer-generated image, or
any other communication of any kind by use of an electronic device.

B. A person is guilty of violating the provisions of this
section if the person knowingly transmits any prohibited
communication by use of any technology defined herein, or knowingly
prints, publishes or reproduces by use of any technology described
herein any prohibited communication, or knowingly buys, sells,
receives, exchanges, or disseminates any prohibited communication or
any information, notice, statement, website, or advertisement for
communication with a minor or access to any name, telephone number,
ENR. H. B. NO. 2104 Page 161
cell phone number, e-mail address, Internet address, text message
address, place of residence, physical characteristics or other
descriptive or identifying information of a minor, or other
individual the person believes to be a minor.

C. The fact that an undercover operative or law enforcement
officer was involved in the detection and investigation of an
offense pursuant to this section shall not constitute a defense to a
prosecution under this section.

D. Any violation of the provisions of this section shall be a
Class B4 felony offense, punishable by a fine in an amount not to
exceed Ten Thousand Dollars ($10,000.00), or by imprisonment in the
custody of the Department of Corrections for a term of not more than
ten (10) years, or by both such fine and imprisonment. For purposes
of this section, each communication shall constitute a separate
offense. Except for persons sentenced to life or life without
parole, any person sentenced to imprisonment for two (2) years or
more for a violation of this section shall be required to serve a
term of post-imprisonment supervision pursuant to subparagraph f of
paragraph 1 of subsection A of Section 991a of Title 22 of the
Oklahoma Statutes under conditions determined by the Department of
Corrections. The jury shall be advised that the mandatory post-
imprisonment supervision shall be in addition to the actual
imprisonment.

E. For purposes of any criminal prosecution pursuant to any
violation of this section, the person violating the provisions of
this section shall be deemed to be within the jurisdiction of this
state by the fact of accessing any computer, cellular phone or other
computer-related or satellite-operated device in this state,
regardless of the actual jurisdiction where the violator resides.

SECTION 113. AMENDATORY 21 O.S. 2021, Section 1073, is
amended to read as follows:

Section 1073. Any person who promotes a pyramid promotional
scheme shall be guilty of a Class B4 felony offense and, upon
conviction, shall be punishable by a fine of not more than Ten
Thousand Dollars ($10,000.00) or by imprisonment in the State
Penitentiary for not more than ten (10) years, or by both such fine
and imprisonment, for each violation of this act.

SECTION 114. AMENDATORY 21 O.S. 2021, Section 1086, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 162

Section 1086. Any owner, proprietor, keeper, manager,
conductor, or other person, who knowingly permits or suffers the
violation of any provision of this article, in any house, building,
room, tent, lot or premises under his control or of which he has
possession, upon conviction, shall be punished for the first offense
by imprisonment within the county jail for a period of not less than
six (6) months nor more than one (1) year, and by a fine of not more
than Three Hundred Dollars ($300.00), and upon conviction for any
subsequent offense under this article shall be guilty of a Class B4
felony offense and shall be punished by imprisonment in the State
Penitentiary for a period of not less than one (1) year nor more
than ten (10) years.

SECTION 115. AMENDATORY 21 O.S. 2021, Section 1118, is
amended to read as follows:

Section 1118. Any person who takes any woman unlawfully against
her will, with the intent to compel her by force, menace or duress
to marry him, or to marry any other person, shall be guilty of a
Class B4 felony offense punishable by imprisonment in the State
Penitentiary not exceeding ten (10) years.

SECTION 116. AMENDATORY 21 O.S. 2021, Section 1119, is
amended to read as follows:

Section 1119. Every person who takes away or induces to leave
any person under the age of fifteen (15) years, from a parent,
guardian or other person having the legal charge of the person,
without the consent of said parent, guardian, or other person having
legal charge, for the purpose of marriage or concubinage, or any
crime involving moral turpitude shall be guilty of a Class B4 felony
offense punishable by imprisonment in the State Penitentiary not
exceeding five (5) years, or by imprisonment in the county jail not
exceeding one (1) year, or by a fine not exceeding One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment.

SECTION 117. AMENDATORY 21 O.S. 2021, Section 1161.1, is
amended to read as follows:

Section 1161.1. A. It is unlawful for any person to knowingly
and willfully desecrate a human corpse for any purpose of:

1. Tampering with the evidence of a crime;

ENR. H. B. NO. 2104 Page 163
2. Camouflaging the death of human being;

3. Disposing of a dead body;

4. Impeding or prohibiting the detection, investigation or
prosecution of a crime;

5. Altering, inhibiting or concealing the identification of a
dead body, a crime victim, or a criminal offender; or

6. Disrupting, prohibiting or interfering with any law
enforcement agency or the Office of the State Medical Examiner in
detecting, investigating, examining, determining, identifying or
processing a dead body, cause of death, the scene where a dead body
is found, or any forensic examination or investigation relating to a
dead body or a crime.

B. Upon conviction, the violator of any provision of this
section shall be guilty of a Class B4 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not more than seven (7) years, by a fine not exceeding Eight
Thousand Dollars ($8,000.00), or by both such fine and imprisonment.

C. This offense may be prosecuted in addition to any
prosecution pursuant to Section 1161 of Title 21 of the Oklahoma
Statutes for removal of a dead body or any other criminal offense.

D. For purposes of this section, “desecration of a human
corpse” means any act committed after the death of a human being
including, but not limited to, dismemberment, disfigurement,
mutilation, burning, or any act committed to cause the dead body to
be devoured, scattered or dissipated; except, those procedures
performed by a state agency or licensed authority in due course of
its duties and responsibilities for forensic examination, gathering
or removing crime scene evidence, presentation or preservation of
evidence, dead body identification, cause of death, autopsy,
cremation or burial, organ donation, use of a cadaver for medical
educational purposes, or other necessary procedures to identify,
remove or dispose of a dead body by the proper authority.

SECTION 118. AMENDATORY 21 O.S. 2021, Section 1173, as
amended by Section 2, Chapter 318, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 1173), is amended to read as follows:

ENR. H. B. NO. 2104 Page 164
Section 1173. A. Any person who willfully, maliciously, and
repeatedly follows or harasses another person in a manner that:

1. Would cause a reasonable person or a member of the immediate
family of that person as defined in subsection F of this section to
feel frightened, intimidated, threatened, harassed, or molested; and

2. Actually causes the person being followed or harassed to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested,

shall, upon conviction, be guilty of the crime of stalking, which is
a felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to exceed three (3) years, or by a
fine not to exceed Five Thousand Dollars ($5,000.00), or by both
such fine and imprisonment. Any person convicted of a second
violation of the provisions of this subsection shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed six (6) years, or by a fine not to exceed Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment. Any person convicted of a third or subsequent
violation of the provisions of this subsection shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twelve (12) years, or by a fine not to exceed
Fifteen Thousand Dollars ($15,000.00), or by both such fine and
imprisonment.

B. Any person who violates the provisions of subsection A of
this section when:

1. There is a permanent or temporary restraining order, a
protective order, an emergency ex parte protective order, or an
injunction in effect prohibiting the behavior described in
subsection A of this section against the same party, when the person
violating the provisions of subsection A of this section has actual
notice of the issuance of such order or injunction;

2. Said person is on probation or parole, a condition of which
prohibits the behavior described in subsection A of this section
against the same party or under the conditions of a community or
alternative punishment; or

3. Said person, within ten (10) years preceding the violation
of subsection A of this section, completed the execution of sentence
for a conviction of a crime involving the use or threat of violence
ENR. H. B. NO. 2104 Page 165
against the same party, or against any member of the immediate
family of such party,

shall, upon conviction, be guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not to exceed fifteen (15) years, or by a
fine not to exceed Twenty Thousand Dollars ($20,000.00), or by both
such fine and imprisonment.

C. Any person who:

1. Commits a second act of stalking within ten (10) years of
the completion of sentence for a prior conviction of stalking; or

2. Has a prior conviction of stalking and, after being served
with a protective order that prohibits contact with an individual,
knowingly makes unconsented contact with the same individual,

shall, upon conviction, be guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not to exceed twenty (20) years, or by a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
such fine and imprisonment.

D. Any person who commits an act of stalking within ten (10)
years of the completion of execution of sentence for a prior
conviction under subsection B or C of this section shall, upon
conviction, be guilty of a Class B4 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twenty-five (25) years, or by a fine not to
exceed Thirty Thousand Dollars ($30,000.00), or by both such fine
and imprisonment.

E. Evidence that the defendant continued to engage in a course
of conduct involving repeated unconsented contact, as defined in
subsection F of this section, with the victim after having been
requested by the victim to discontinue the same or any other form of
unconsented contact, and to refrain from any further unconsented
contact with the victim, shall give rise to a rebuttable presumption
that the continuation of the course of conduct caused the victim to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested.

F. For purposes of determining the crime of stalking, the
following definitions shall apply:
ENR. H. B. NO. 2104 Page 166

1. "Harasses" means a pattern or course of conduct directed
toward another individual that includes, but is not limited to,
repeated or continuing unconsented contact, that would cause a
reasonable person to suffer emotional distress, and that actually
causes emotional distress to the victim. Harassment shall include
harassing or obscene phone calls as prohibited by Section 1172 of
this title and conduct prohibited by Section 850 of this title.
Harassment does not include constitutionally protected activity or
conduct that serves a legitimate purpose;

2. "Course of conduct" means a series of two or more separate
acts over a period of time, however short or long, evidencing a
continuity of purpose, including any of the following:

a. maintaining a visual or physical proximity to the
victim,

b. approaching or confronting the victim in a public
place or on private property,

c. appearing at the workplace of the victim or contacting
the employer or coworkers of the victim,

d. appearing at the home of the victim or contacting the
neighbors of the victim,

e. entering onto or remaining on property owned, leased,
or occupied by the victim,

f. contacting the victim by telephone, text message,
electronic message, electronic mail, or other means of
electronic communication or causing the telephone or
electronic device of the victim or the telephone or
electronic device of any other person to ring or
generate notifications repeatedly or continuously,
regardless of whether a conversation ensues,

g. photographing, videotaping, audiotaping, or, through
any other electronic means, monitoring or recording
the activities of the victim. This subparagraph
applies regardless of where the act occurs,

h. sending to the victim any physical or electronic
material or contacting the victim by any means,
ENR. H. B. NO. 2104 Page 167
including any message, comment, or other content
posted on any Internet site or web application,

i. sending to a family member or member of the household
of the victim, or any current or former employer of
the victim, or any current or former coworker of the
victim, or any friend of the victim, any physical or
electronic material or contacting such person by any
means, including any message, comment, or other
content posted on any Internet site or web
application, for the purpose of obtaining information
about, disseminating information about, or
communicating with the victim,

j. placing an object on or delivering an object to
property owned, leased, or occupied by the victim,

k. delivering an object to a family member or member of
the household of the victim, or an employer, coworker,
or friend of the victim, or placing an object on, or
delivering an object to, property owned, leased, or
occupied by such a person with the intent that the
object be delivered to the victim, or

l. causing a person to engage in any of the acts
described in subparagraphs a through k of this
paragraph.

Constitutionally protected activity is not included within the
meaning of "course of conduct";

3. "Emotional distress" means significant mental suffering or
distress that may, but does not necessarily require, medical or
other professional treatment or counseling;

4. "Unconsented contact" means any contact with another
individual that is initiated or continued without the consent of the
individual, or in disregard of that individual's expressed desire
that the contact be avoided or discontinued. Constitutionally
protected activity is not included within the meaning of unconsented
contact. Unconsented contact includes but is not limited to any of
the following:

a. following or appearing within the sight of that
individual,
ENR. H. B. NO. 2104 Page 168

b. approaching or confronting that individual in a public
place or on private property,

c. appearing at the workplace or residence of that
individual,

d. entering onto or remaining on property owned, leased,
or occupied by that individual,

e. contacting that individual by telephone,

f. sending mail or electronic communications to that
individual, and

g. placing an object on, or delivering an object to,
property owned, leased, or occupied by that
individual;

5. "Member of the immediate family", for the purposes of this
section, means any spouse, parent, child, person related within the
third degree of consanguinity or affinity or any other person who
regularly resides in the household or who regularly resided in the
household within the prior six (6) months; and

6. "Following" shall include the tracking of the movement or
location of an individual through the use of a Global Positioning
System (GPS) device or other monitoring device by a person, or
person who acts on behalf of another, without the consent of the
individual whose movement or location is being tracked; provided,
this shall not apply to the lawful use of a GPS device or other
monitoring device or to the use by a new or used motor vehicle
dealer or other motor vehicle creditor of a GPS device or other
monitoring device, including a device containing technology used to
remotely disable the ignition of a motor vehicle, in connection with
lawful action after default of the terms of a motor vehicle credit
sale, loan or lease, and with the express written consent of the
owner or lessee of the motor vehicle.

SECTION 119. AMENDATORY 21 O.S. 2021, Section 1217, is
amended to read as follows:

Section 1217. Any person or persons acting in concert with each
other who knowingly and willfully interfere with, molest, or assault
firemen in the performance of their duties, or who knowingly and
ENR. H. B. NO. 2104 Page 169
willfully obstruct, interfere with or impede the progress of firemen
to reach the destination of a fire, shall be deemed guilty of a
Class B4 felony offense and shall be punished therefor by
imprisonment in the State Penitentiary for a term not exceeding ten
(10) years nor less than two (2) years.

SECTION 120. AMENDATORY 21 O.S. 2021, Section 1230.7, is
amended to read as follows:

Section 1230.7. Any person commits the a Class B4 felony
offense of unlawful concealment of hazardous waste who knowingly and
willfully subjects any other person, including but not limited to
peace officers, emergency responders or clean-up crews, to the
potential for immediate or long-term risk to their health or safety
by exposure to chemical wastes, by knowingly and willfully:

1. Concealing or causing other persons to conceal the unlawful
abandonment or disposal of hazardous waste;

2. Concealing or causing other persons to conceal that
hazardous waste is being transported; or

3. Misrepresenting or causing other persons to misrepresent the
type of hazardous waste being transported.

SECTION 121. AMENDATORY 21 O.S. 2021, Section 1230.8, is
amended to read as follows:

Section 1230.8. Any person convicted of the offense of:

1. Unlawful hazardous waste transportation shall be guilty of a
Class D1 felony offense punishable by imprisonment for not more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or a fine of not more than Twenty-five Thousand
Dollars ($25,000.00), or both such fine and imprisonment;

2. Unlawful waste management with respect to:

a. waste other than hazardous waste shall be guilty of a
misdemeanor punishable by a fine of not more than Ten
Thousand Dollars ($10,000.00), and

b. hazardous waste shall be guilty of a Class D1 felony
offense punishable by imprisonment for not more than
five (5) years as provided for in subsections B
ENR. H. B. NO. 2104 Page 170
through F of Section 20N of this title, or a fine of
not more than Fifty Thousand Dollars ($50,000.00), or
both such fine and imprisonment;

3. Unlawful waste misrepresentation with respect to:

a. waste other than hazardous waste shall be guilty of a
misdemeanor punishable by a fine of not more than Five
Thousand Dollars ($5,000.00), and

b. hazardous waste shall be guilty of a Class D1 felony
offense punishable by imprisonment for not more than
five (5) years as provided for in subsections B
through F of Section 20N of this title, or a fine of
not more than Twenty-five Thousand Dollars
($25,000.00), or both such fine and imprisonment;

4. Unlawful disposal of hazardous waste shall be guilty of a
Class D1 felony offense punishable by imprisonment for not more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or a fine of not more than Twenty-five Thousand
Dollars ($25,000.00), or both such fine and imprisonment; and

5. Unlawful concealment of hazardous waste shall be guilty of a
Class B4 felony offense punishable by imprisonment for not less than
two (2) years nor more than ten (10) years and a fine of not more
than One Hundred Thousand Dollars ($100,000.00).

SECTION 122. AMENDATORY 21 O.S. 2021, Section 1263, is
amended to read as follows:

Section 1263. Any person who, by word of mouth or writings,
advocates, affirmatively suggests or teaches the duty, necessity,
propriety or expediency of crime, criminal syndicalism, or sabotage,
or who shall advocate, affirmatively suggest or teach the duty,
necessity, propriety or expediency of doing any act of violence, the
destruction of or damage to any property, the bodily injury to any
person or persons, or the commission of any crime or unlawful act as
a means of accomplishing or effecting any industrial or political
ends, change, or revolution, or for profit; or who prints,
publishes, edits, issues, or knowingly circulates, sells,
distributes, or publicly displays any books, pamphlets, paper,
handbill, poster, document, or written or printed matter in any form
whatsoever, containing matter advocating, advising, affirmatively
suggesting, or teaching crime, criminal syndicalism, sabotage, the
ENR. H. B. NO. 2104 Page 171
doing of any act of physical violence, the destruction of or damage
to any property, the injury to any person, or the commission of any
crime or unlawful act as a means of accomplishing, effecting or
bringing about any industrial or political ends, or change, or as a
means of accomplishing, effecting or bringing about any industrial
or political revolution, or for profit; or who shall openly, or at
all attempt to justify by word of mouth or writing, the commission
or the attempt to commit sabotage, any act of physical violence, the
destruction of or damage to any property, the injury to any person
or the commission of any crime or unlawful act, with the intent to
exemplify, spread or teach or affirmatively suggest criminal
syndicalism; or who organizes, or helps to organize or becomes a
member of or voluntarily assembles with any society or assemblage of
persons which teaches, advocates, or affirmatively suggests the
doctrine of criminal syndicalism, sabotage, or the necessity,
propriety or expediency of doing any act of physical violence or the
commission of any crime or unlawful act as a means of accomplishing
or effecting any industrial or political ends, change or revolution,
or for profit, is guilty of a Class B4 felony offense, and upon
conviction thereof shall be punished by imprisonment in the State
Penitentiary for a term not to exceed ten (10) years, or by a fine
of not more than Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment. Provided, that none of the provisions of
Sections 1261 through 1264 of this title shall be construed to
modify or affect Section 166 of Title 40 of the Oklahoma Statutes.

SECTION 123. AMENDATORY 21 O.S. 2021, Section 1265.2, is
amended to read as follows:

Section 1265.2. Whoever destroys, impairs, injures, interferes
or tampers with real or personal property with intent to hinder,
delay or interfere with the preparation of the United States or of
any of the states for defense or for war, or with the prosecution of
war by the United States, shall be guilty of a Class B4 felony
offense punishable by imprisonment for not more than ten (10) years,
or by a fine of not more than Ten Thousand Dollars ($10,000.00), or
both; provided, if such person so acts with the intent to hinder,
delay or interfere with the preparation of the United States or of
any of the states for defense or for war, or with the prosecution of
war by the United States, the minimum punishment shall be
imprisonment for not less than one (1) year.

SECTION 124. AMENDATORY 21 O.S. 2021, Section 1265.3, is
amended to read as follows:

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Section 1265.3. Whoever intentionally makes or causes to be
made any defect in any article or thing with reasonable grounds to
believe that such article or thing is intended to be used in
connection with the preparation of the United States or any of the
states for defense or for war, or for the prosecution of war by the
United States, or that such article or thing is one of a number of
similar articles or things, some of which are intended so to be
used, shall be guilty of a Class B4 felony offense punishable by
imprisonment for not more than ten (10) years, or a fine of not more
than Ten Thousand Dollars ($10,000.00) or both; provided, if such
person so acts with the intent to hinder, delay or interfere with
the preparation of the United States or of any of the states for
defense or for war, or with the prosecution of war by the United
States, the minimum punishment shall be imprisonment for not less
than one (1) year.

SECTION 125. AMENDATORY 21 O.S. 2021, Section 1265.5, is
amended to read as follows:

Section 1265.5. If two or more persons conspire to commit any
crime defined by Sections 1265.1 through 1265.14 of this title, each
of such persons is guilty of conspiracy, a Class B4 felony offense,
and subject to the same punishment as if he had committed the crime
which he conspired to commit, whether or not any act be done in
furtherance of the conspiracy. It shall not constitute any defense
or ground of suspension of judgment, sentence or punishment on
behalf of any person prosecuted under this section, that any of his
fellow conspirators has been acquitted, has not been arrested or
convicted, is not amenable to justice or has been pardoned or
otherwise discharged before or after conviction.

SECTION 126. AMENDATORY 21 O.S. 2021, Section 1268.4, is
amended to read as follows:

Section 1268.4. A. Terrorism hoax is a felony.

B. A person convicted of terrorism hoax shall be guilty of a
Class B4 felony offense and shall be punished by imprisonment in the
State Penitentiary for a term of not more than ten (10) years. In
addition to any punishment imposed for the act of terrorism hoax,
the person shall be ordered to make restitution to the victim and to
reimburse the cost of any emergency personnel, equipment, supplies,
and other expenses incurred by the state and any political
subdivision as a result of responding to such act.

ENR. H. B. NO. 2104 Page 173
SECTION 127. AMENDATORY 21 O.S. 2021, Section 1268.6, is
amended to read as follows:

Section 1268.6. A. It shall be unlawful for any person to
manufacture, send, deliver or possess any toxic, noxious, or lethal
substance, chemical, biological or nuclear material with the intent
of engaging in terrorist activity.

B. A person convicted of a violation of this section shall be
guilty of a Class B4 felony offense punishable by imprisonment in
the State Penitentiary for a term of not more than eight (8) years.
In addition to any term of imprisonment imposed for a violation of
this section, the person shall be ordered to make restitution to
victims and to reimburse the cost of any emergency personnel,
equipment, supplies, and other expenses incurred by the state and
any political subdivision as a result of responding to the crime.

SECTION 128. AMENDATORY 21 O.S. 2021, Section 1268.7, is
amended to read as follows:

Section 1268.7. A. No person, knowing that property is the
proceeds of an act of terrorism or a monetary instrument given,
received, or intended to be used in support of an act of terrorism,
shall conduct or attempt to conduct any financial transaction
involving that property or transport, transmit or transfer that
monetary instrument with the intent to do any of the following:

1. Commit or further the commission of an act of terrorism;

2. Conceal or disguise the nature, location, source, ownership,
or control of either the proceeds of an act of terrorism or a
monetary instrument given, received, or intended to be used to
support an act of terrorism; or

3. Conceal or disguise the intent to avoid a financial
transaction reporting requirement as provided in 31 U.S.C., Section
5311 et seq., 31 C.F.R., Part 103, Title 6 of the Oklahoma Statutes,
or other federal monetary reporting requirements under law.

B. Any person convicted of violating any provision of
subsection A of this section shall be guilty of a Class B4 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term of not less than two (2) years nor more
than ten (10) years, or by a fine of not more than Fifty Thousand
Dollars ($50,000.00) or an amount equal to twice the dollar amount
ENR. H. B. NO. 2104 Page 174
of each transaction, whichever is greater, or by both such fine and
imprisonment.

SECTION 129. AMENDATORY 21 O.S. 2021, Section 1268.8, is
amended to read as follows:

Section 1268.8. Any person who knowingly or intentionally uses
a money services business, as defined by the Oklahoma Financial
Transaction Reporting Act, or an electronic funds transfer network
for any purpose in violation of the Oklahoma Antiterrorism Act, or
with intent to facilitate any violation of the Oklahoma
Antiterrorism Act shall, upon conviction, be guilty of a Class B4
felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term of not less than two (2) years
nor more than ten (10) years, or by a fine of not more than Fifty
Thousand Dollars ($50,000.00) or an amount equal to twice the dollar
amount of each transaction, whichever is greater, or by both such
fine and imprisonment.

SECTION 130. AMENDATORY 21 O.S. 2021, Section 1283, as
amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 1283), is amended to read as follows:

Section 1283.

CONVICTED FELONS AND DELINQUENTS

A. Except as provided in subsection B of this section, it shall
be unlawful for any person convicted of any felony in any court of
this state or of another state or of the United States to have in
his or her possession or under his or her immediate control, or in
any vehicle which the person is operating, or at the residence where
the convicted person resides, any pistol, imitation or homemade
pistol, altered air or toy pistol, machine gun, sawed-off shotgun or
sawed-off rifle, or any other firearm. Any person who violates the
provisions of this subsection shall, upon conviction, be guilty of a
Class B4 felony offense.

B. Any person who has previously been convicted of a nonviolent
felony in any court of this state or of another state or of the
United States, and who has received a full and complete pardon from
the proper authority and has not been convicted of any other felony
offense which has not been pardoned, shall have restored the right
to possess any firearm or other weapon prohibited by subsection A of
this section, the right to apply for and carry a handgun, concealed
ENR. H. B. NO. 2104 Page 175
or unconcealed, pursuant to the provisions of the Oklahoma Self-
Defense Act or as otherwise permitted by law, and have the right to
perform the duties of a peace officer, gunsmith, and for firearms
repair.

C. It shall be unlawful for any person serving a term of
probation for any felony in any court of this state or of another
state or of the United States or under the jurisdiction of any
alternative court program to have in his or her possession or under
his or her immediate control, or at his or her residence, or in any
passenger vehicle which the person is operating, any pistol, shotgun
or rifle including any imitation or homemade pistol, altered air or
toy pistol, toy shotgun or toy rifle, while such person is subject
to supervision, probation, parole or inmate status. Any person who
violates the provisions of this subsection shall, upon conviction,
be guilty of a Class B4 felony offense.

D. It shall be unlawful for any person previously adjudicated
as a delinquent child or a youthful offender for the commission of
an offense, which would have constituted a felony offense if
committed by an adult, to have in the possession of the person or
under the immediate control of the person, or have in any vehicle
which he or she is driving, or at the residence of the person, any
pistol, imitation or homemade pistol, altered air or toy pistol,
machine gun, sawed-off shotgun or sawed-off rifle, or any other
dangerous or deadly firearm within ten (10) years after such
adjudication; provided, that nothing in this subsection shall be
construed to prohibit the placement of the person in a home with a
full-time duly appointed peace officer who is certified by the
Council on Law Enforcement Education and Training (CLEET) pursuant
to the provisions of Section 3311 of Title 70 of the Oklahoma
Statutes. Any person who violates the provisions of this subsection
shall, upon conviction, be guilty of a Class B4 felony offense.

E. It shall be unlawful for any person who is an alien
illegally or unlawfully in the United States to have in the
possession of the person or under the immediate control of the
person, or in any vehicle the person is operating, or at the
residence where the person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, shotgun, rifle or any
other dangerous or deadly firearm; provided, that nothing in this
subsection applies to prohibit the transport or detention of the
person by law enforcement officers or federal immigration
authorities. Any person who violates the provisions of this
subsection shall, upon conviction, be guilty of a misdemeanor Class
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B4 felony offense punishable by a fine of Two Hundred Fifty Dollars
($250.00).

F. Any person having been issued a handgun license pursuant to
the provisions of the Oklahoma Self-Defense Act and who knowingly or
intentionally allows a convicted felon or adjudicated delinquent or
a youthful offender as prohibited by the provisions of subsection A,
C, or D of this section to possess or have control of any firearm
authorized by the Oklahoma Self-Defense Act shall, upon conviction,
be guilty of a Class B4 felony offense punishable by a fine not to
exceed Five Thousand Dollars ($5,000.00). In addition, the person
shall have the handgun license revoked by the Oklahoma State Bureau
of Investigation after a hearing and determination that the person
has violated the provisions of this section.

G. Any convicted or adjudicated person violating the provisions
of this section shall, upon conviction, be guilty of a felony
punishable as provided in Section 1284 of this title.

H. For purposes of this section, "sawed-off shotgun" or "sawed-
off rifle" shall mean any shotgun or rifle which the barrel or
barrels have been illegally shortened in length.

I. For purposes of this section, "altered toy pistol" shall
mean any toy weapon which has been altered from its original
manufactured state to resemble a real weapon.

J. For purposes of this section, "altered air pistol" shall
mean any air pistol manufactured to propel projectiles by air
pressure which has been altered from its original manufactured
state.

K. For purposes of this section, "alternative court program"
shall mean any drug court, Anna McBride or mental health court, DUI
court or veterans court.

SECTION 131. AMENDATORY 21 O.S. 2021, Section 1289.16,
is amended to read as follows:

Section 1289.16.

FELONY POINTING FIREARMS

Except for an act of self-defense, it shall be unlawful for any
person to willfully or without lawful cause point a shotgun, rifle
ENR. H. B. NO. 2104 Page 177
or pistol, or any deadly weapon, whether loaded or not, at any
person or persons for the purpose of threatening or with the
intention of discharging the firearm or with any malice or for any
purpose of injuring, either through physical injury or mental or
emotional intimidation or for purposes of whimsy, humor or prank, or
in anger or otherwise, but not to include the pointing of shotguns,
rifles or pistols by law enforcement authorities in the performance
of their duties, armed security guards licensed by the Council on
Law Enforcement Education and Training pursuant to the Oklahoma
Security Guard and Private Investigator Act in the performance of
their duties, members of the state military forces in the
performance of their duties, members of the federal military reserve
and active military components in the performance of their duties,
or any federal government law enforcement officer in the performance
of any duty, or in the performance of a play on stage, rodeo,
television or on film, or in defense of any person, one's home or
property. Any person convicted of a violation of the provisions of
this section shall be guilty of a Class B4 felony offense and shall
be punished as provided in Section 1289.17 of this title.

Any person convicted of a violation of the provisions of this
section after having been issued a handgun license pursuant to the
Oklahoma Self-Defense Act shall have the license revoked and shall
be subject to an administrative fine of One Thousand Dollars
($1,000.00), upon a hearing and determination by the Oklahoma State
Bureau of Investigation that the person is in violation of the
provisions of this section.

SECTION 132. AMENDATORY 21 O.S. 2021, Section 1289.17,
is amended to read as follows:

Section 1289.17.

PENALTIES FOR 1289.16

Any violation of Section 1289.16 of this title shall constitute
a Class B4 felony offense, for which a person convicted thereof
shall be sentenced to imprisonment in the State Penitentiary for not
less than one (1) year nor more than ten (10) years.

SECTION 133. AMENDATORY 21 O.S. 2021, Section 1289.20,
is amended to read as follows:

Section 1289.20.

ENR. H. B. NO. 2104 Page 178
MANUFACTURE OF RESTRICTED BULLETS

A. Except for the purpose of public safety or national
security, it shall be unlawful to manufacture, cause to be
manufactured, import, advertise for sale or sell within this state
any restricted bullet as defined in Section 1289.19 of this title.

B. Any person convicted of violating subsection A of this
section shall be guilty of a Class B4 felony offense and shall be
punished by a fine of not less than Five Hundred Dollars ($500.00)
nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment
in the State Penitentiary for not more than ten (10) years, or by
both such fine and imprisonment.

SECTION 134. AMENDATORY 21 O.S. 2021, Section 1289.21,
is amended to read as follows:

Section 1289.21.

POSSESSION OR USE OF RESTRICTED BULLETS

A. It shall be unlawful for any person to possess, carry upon
his person, use or attempt to use against another person any
restricted bullet as defined in Section 1289.19 of this title.

B. Any person convicted of violating subsection A of this
section shall be guilty of a Class B4 felony offense and shall be
punished by imprisonment in the State Penitentiary for not less than
two (2) years nor more than ten (10) years. The sentence so imposed
shall not be suspended.

SECTION 135. AMENDATORY 21 O.S. 2021, Section 1290.21,
is amended to read as follows:

Section 1290.21.

REPLACEMENT LICENSE

A. In the event a handgun license becomes missing, lost, stolen
or destroyed, the license shall be invalid, and the person to whom
the license was issued shall notify the Oklahoma State Bureau of
Investigation within thirty (30) days of the discovery of the fact
that the license is not in the possession of the licensee. The
person may obtain a substitute license upon furnishing a notarized
statement to the Bureau that the license is missing, lost, stolen or
ENR. H. B. NO. 2104 Page 179
destroyed and paying a fifteen-dollar replacement fee. During any
period when a license is missing, lost, stolen or destroyed, the
person shall have no authority to carry a concealed or unconcealed
handgun pursuant to the provisions of the Oklahoma Self-Defense Act.
The Bureau shall, upon receipt of the notarized statement and fee
from the licensee, issue a substitute license with the same
expiration date within ten (10) days of the receipt of the notarized
statement and fee.

B. Any person who knowingly or intentionally carries a
concealed or unconcealed handgun pursuant to a handgun license
authorized and issued pursuant to the provisions of the Oklahoma
Self-Defense Act which is stolen shall, upon conviction, be guilty
of a Class B4 felony offense punishable by a fine of Five Thousand
Dollars ($5,000.00).

C. Any person having a valid handgun license pursuant to the
Oklahoma Self-Defense Act may carry any make or model of an
authorized pistol listed on the license, provided the type of pistol
shall not be other than the type or types listed on the license. A
person may complete additional firearms training for an additional
type of pistol during any license period and upon successful
completion of the training may request the additional type of pistol
be included on the license. The person shall submit to the Bureau a
fifteen-dollar replacement fee, the original certificate of training
and qualification for the additional type of firearm, and a
statement requesting the license be updated to include the
additional type of pistol. The Bureau shall issue an updated
license with the same expiration date within ten (10) days of the
receipt of the request. The person shall have no authority to carry
any additional type of pistol pursuant to the provisions of the
Oklahoma Self-Defense Act until the updated license has been
received by the licensee. The original license shall be destroyed
upon receipt of an updated handgun license.

D. A person may request during any license period an update for
a change of address or change of name by submitting to the Bureau a
fifteen-dollar replacement fee, and a notarized statement that the
address or name of the licensee has changed. The Bureau shall issue
an updated license with the same expiration date within ten (10)
days of receipt of the request. The original license shall be
destroyed upon the receipt of the updated handgun license.

SECTION 136. AMENDATORY 21 O.S. 2021, Section 1320.2, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 180

Section 1320.2. It shall be unlawful and shall constitute
incitement to riot, a Class B4 felony offense, for a person or
persons, intending to cause, aid, or abet the institution or
maintenance of a riot, to do an act or engage in conduct that urges
other persons to commit acts of unlawful force or violence, or the
unlawful burning or destroying of property, or the unlawful
interference with a police officer, peace officer, fireman or a
member of the Oklahoma National Guard or any unit of the armed
services officially assigned to riot duty in the lawful performance
of his duty.

SECTION 137. AMENDATORY 21 O.S. 2021, Section 1320.4, is
amended to read as follows:

Section 1320.4. Any person guilty of the crime, as set forth in
Section 1320.2 of this title, shall be deemed guilty of a Class B4
felony offense, punishable by not more than ten (10) years in
prison, or a fine of not more than Ten Thousand Dollars
($10,000.00), or both.

SECTION 138. AMENDATORY 21 O.S. 2021, Section 1321.7, is
amended to read as follows:

Section 1321.7. A. During a state of emergency, any person who
maliciously destroys or damages any real or personal property or
maliciously injures another shall be guilty of a Class B4 felony
offense.

B. Any person guilty of violating this section shall, upon
conviction thereof, be imprisoned for not less than two (2) years,
nor more than ten (10) years.

C. Any person sixteen (16) years of age or over who violates
the provisions of this section shall be prosecuted as an adult.

D. A person is guilty of an offense under this section
committed by another person when:

1. Acting with the state of mind that is sufficient for
commission of the offense, he causes an innocent or irresponsible
person to engage in conduct constituting the offense; or

2. Intending to promote or facilitate the commission of the
offense he:
ENR. H. B. NO. 2104 Page 181

a. solicits, requests, commands, importunes, or otherwise
attempts to cause the other person to commit it,

b. aids, counsels, or agrees or attempts to aid the other
person in planning or committing it, or

c. having a legal duty to prevent the commission of the
offense, fails to make a proper effort to do so.

E. In any prosecution for an offense under this section in
which the criminal liability of the accused is based upon the
conduct of another person pursuant to this section, it is no defense
that:

1. The other person is not guilty of the offense in question
because of irresponsibility or other legal incapacity or exemption,
or because of unawareness of the criminal nature of the conduct in
question or of the accused's criminal purpose, or because of other
factors precluding the mental state required for the commission of
the offense; or

2. The other person has not been prosecuted for or convicted of
any offense based on the conduct in question, or has previously been
acquitted thereof, or has been convicted of a different offense or
in a different degree, or has legal immunity from prosecution for
the conduct in question.

SECTION 139. AMENDATORY 21 O.S. 2021, Section 1321.8, is
amended to read as follows:

Section 1321.8. The following provisions shall apply during a
state of emergency.

A. A person is guilty of riot when he participates with two or
more persons in a course of disorderly conduct:

1. With intent to commit or facilitate the commission of a
felony or misdemeanor;

2. With intent to prevent or coerce official action; or

3. When the accused or any other participant to the knowledge
of the accused uses or plans to use a firearm or other deadly
weapon.
ENR. H. B. NO. 2104 Page 182

B. Any person upon any public way within the described area who
is directed by the authorities to leave the public way but refuses
to do so shall be guilty of a misdemeanor.

C. Any person who violates the provisions of this section,
except subsection B of this section, shall be guilty of a Class B4
felony offense, and upon conviction thereof shall be imprisoned for
not less than two (2) years nor more than ten (10) years.

D. Any person sixteen (16) years of age or over who violates
the provisions of this section shall be prosecuted as an adult.

E. A person is guilty of an a Class B4 felony offense under
this section committed by another person when:

1. Acting with the state of mind that is sufficient for
commission of the offense, he causes an innocent or irresponsible
person to engage in conduct constituting the offense;

2. Intending to promote or facilitate the commission of the
offense he:

a. solicits, requests, commands, importunes, or otherwise
attempts to cause the other person to commit it,

b. aids, counsels, or agrees or attempts to aid the other
person in planning or committing it, or

c. having a legal duty to prevent the commission of the
offense, fails to make a proper effort to do so; or

3. The person's conduct is expressly declared by a statute of
this state to establish the person's complicity.

F. In any prosecution for an offense under this section in
which the criminal liability of the accused is based upon the
conduct of another person pursuant to this section, it is no defense
that:

1. The other person is not guilty of the offense in question
because of irresponsibility or other legal incapacity or exemption,
or because of unawareness of the criminal nature of the conduct in
question or of the accused's criminal purpose, or because of other
ENR. H. B. NO. 2104 Page 183
factors precluding the mental state required for the commission of
the offense; or

2. The other person has not been prosecuted for or convicted of
any offense based on the conduct in question, or has previously been
acquitted thereof, or has been convicted of a different offense or
in a different degree, or has legal immunity from prosecution for
the conduct in question.

G. “Disorderly conduct” as used in this section means a course
of conduct by a person who:

1. Causes public inconvenience, annoyance, or alarm, or
recklessly creates a risk thereof, by:

a. engaging in fighting or in violent, tumultuous, or
threatening behavior,

b. making an unreasonable noise or an offensively coarse
utterance, gesture, or display, or addressing abusive
language to any person present,

c. dispersing any lawful procession or meeting of
persons, not being a peace officer of this state and
without lawful authority, or

d. creating a hazardous or physically offensive condition
which serves no legitimate purpose; or

2. Engages with at least one other person in a course of
disorderly conduct as defined in paragraph 1 of this subsection
which is likely to cause substantial harm or serious inconvenience,
annoyance, or alarm, and refuses or knowingly fails to obey an order
to disperse, made by a peace officer to the participants.

SECTION 140. AMENDATORY 21 O.S. 2021, Section 1368, is
amended to read as follows:

Section 1368. A. Any person who has been convicted of a felony
under the laws of this or any other state or the laws of the United
States who, with an unlawful intent, is in possession of any
explosives, upon conviction, shall be guilty of a Class B4 felony
offense and shall be punished by a fine of not to exceed Five
Thousand Dollars ($5,000.00), or by imprisonment in the State
ENR. H. B. NO. 2104 Page 184
Penitentiary for a term not to exceed ten (10) years, or by both
such fine and imprisonment.

B. For purposes of this section, the term “explosive” shall
have the same definition as the term “explosive” as defined by
Chapter 8 of Title 63 of the Oklahoma Statutes.

SECTION 141. AMENDATORY 21 O.S. 2021, Section 1378, is
amended to read as follows:

Section 1378. A. Any person who shall attempt, conspire or
endeavor to perform an act of violence involving or intended to
involve serious bodily harm or death of another person shall be
guilty of a Class B4 felony offense, punishable upon conviction
thereof by imprisonment for a period of not more than ten (10)
years.

B. Any person who shall threaten to perform an act of violence
involving or intended to involve serious bodily harm or death of
another person shall be guilty of a misdemeanor, punishable upon
conviction thereof by imprisonment in the county jail for a period
of not more than six (6) months.

C. Any person who shall devise any plan, scheme or program of
action to cause serious bodily harm or death of another person with
intent to perform such malicious act of violence, whether alone or
by conspiring with others, shall be guilty of a Class B4 felony
offense, punishable upon conviction thereof by imprisonment for a
period of not more than ten (10) years.

SECTION 142. AMENDATORY 47 O.S. 2021, Section 10-102.1,
is amended to read as follows:

Section 10-102.1. The driver of any vehicle involved in an
accident resulting in the death of any person shall immediately stop
such vehicle at the scene of such accident or as close thereto as
possible but shall then forthwith return to and in every event shall
remain at the scene of the accident until he has fulfilled the
requirements of Section 10-104 of this title. Every such stop shall
be made without obstructing traffic more than is necessary.

B. Any person willfully, maliciously, or feloniously failing to
stop to avoid detection or prosecution, or to comply with said
requirements under such circumstances, shall upon conviction be
guilty of a Class B4 felony offense punishable by imprisonment for
ENR. H. B. NO. 2104 Page 185
not less than one (1) year nor more than ten (10) years, or by a
fine of not less than One Thousand Dollars ($1,000.00) nor more than
Ten Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.

C. The Commissioner of Public Safety shall revoke the license
or permit to drive and any nonresident operating privilege of the
person so convicted.

SECTION 143. AMENDATORY 47 O.S. 2021, Section 11-905, is
amended to read as follows:

Section 11-905. A. Any person who, while operating a vehicle
in this state without a valid driver license for the class of
vehicle being operated, or while knowingly disqualified to operate a
motor vehicle in this state, or while such person knows or should
have known that his or her driver license is canceled, denied,
suspended or revoked, causes an accident which results in personal
injury to any other person, may be charged with a violation of the
provisions of this subsection. Any person who is convicted of a
violation of the provisions of this subsection shall be deemed
guilty of a misdemeanor punishable by imprisonment in the county
jail for a term not more than one (1) year, or by a fine in an
amount not exceeding Two Thousand Dollars ($2,000.00), or by both
such fine and imprisonment.

B. 1. Any person who, while operating a vehicle in this state
without a valid driver license for the class of vehicle being
operated, or while knowingly disqualified to operate a motor vehicle
in this state, or while such person knows or should have known that
his or her driver license is canceled, denied, suspended or revoked,
causes an accident resulting in great bodily injury to any other
person, may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a Class C2
felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term not more than five (5) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes, or by a fine in an amount not exceeding
Three Thousand Dollars ($3,000.00), or by both such fine and
imprisonment.

2. As used in this subsection, “great bodily injury” means
bodily injury which creates a substantial risk of death or which
ENR. H. B. NO. 2104 Page 186
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.

C. Any person who, while operating a vehicle in this state
without a valid driver license for the class of vehicle being
operated, or while knowingly disqualified to operate a motor vehicle
in this state, or while such person knows or should have known that
his or her driver license is canceled, denied, suspended or revoked,
causes an accident resulting in the death of any other person, may
be charged with a violation of the provisions of this subsection.
Any person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a Class B4 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term not more than five (5) years, or by a fine in
an amount not exceeding Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment.

D. The provisions of this section may be charged in addition to
any other chargeable offense allowed by law.

SECTION 144. AMENDATORY 47 O.S. 2021, Section 11-1111,
is amended to read as follows:

Section 11-1111. A. No person shall willfully throw or drop
any substance at a moving vehicle or any occupant thereof.

B. No person shall willfully throw or drop any object from a
bridge or overpass with intent to damage any property or injure any
person.

C. Any violation of subsection A or B of this section shall be
deemed a Class B4 felony offense and, upon conviction, shall be
punishable by imprisonment in the Department of Corrections for a
term of not more than ten (10) years, or by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.

SECTION 145. AMENDATORY 63 O.S. 2021, Section 2-328, is
amended to read as follows:

Section 2-328. A. A person or business who manufactures,
sells, transfers, furnishes, or receives a precursor substance
defined in Section 2-322 of this title commits an offense if the
person:

ENR. H. B. NO. 2104 Page 187
1. Does not comply with the requirements of Section 2-322, 2-
323 or 2-326 of this title; or

2. Knowingly makes a false statement in a report or record
required by Section 2-323 or 2-326 of this title.

B. Except as provided by subsection C of this section, an
offense under subsection A of this section is a misdemeanor and
punishable by imprisonment in the county jail for a term not to
exceed one (1) year or by a fine not to exceed Ten Thousand Dollars
($10,000.00).

C. A person who manufactures, sells, transfers, or otherwise
furnishes a precursor substance defined in Section 2-322 of this
title commits an a Class B4 felony offense if the person
manufactures, sells, transfers, or furnishes the substance with the
knowledge or intent that the recipient shall use the substance to
unlawfully manufacture a controlled substance or a controlled
substance analog.

D. A second or subsequent violation of subsection A of this
section shall be a Class B4 felony offense punishable by
imprisonment in the State Penitentiary for a term of not more than
ten (10) years or by a fine not to exceed Twenty-five Thousand
Dollars ($25,000.00), or by both such fine and imprisonment. Any
imprisonment imposed shall not run concurrent with other
imprisonment sentences for violations of other provisions of Title
63 of the Oklahoma Statutes.

E. A person who is required by Section 2-322 or 2-324 of this
title to have a permit for precursor substances commits an offense
if the person:

1. Purchases, obtains, or possesses a precursor substance
without having first obtained a permit;

2. Has in his possession or immediate control a precursor
substance with no attached permit;

3. Knowingly makes a false statement in an application or
report required by Section 2-324 or 2-326 of this title; or

4. Manufacturers Manufactures, sells, transfers, or otherwise
furnishes any person or business a precursor substance defined in
Section 2-322 of this title, who does not have a permit.
ENR. H. B. NO. 2104 Page 188

F. An offense under subsection C or E of this section is a
Class B4 felony offense punishable by imprisonment in the State
Penitentiary for a term of not more than ten (10) years or by a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
such fine and imprisonment. Any imprisonment imposed shall not run
concurrent with other imprisonment sentences for violations of other
provisions of Title 63 of the Oklahoma Statutes.

SECTION 146. AMENDATORY 63 O.S. 2021, Section 2-333, is
amended to read as follows:

Section 2-333. A. It shall be unlawful for any person to
knowingly sell, transfer, distribute, or dispense any product
containing ephedrine, pseudoephedrine or phenylpropanolamine, or
their salts, isomers or salts of isomers if the person knows that
the purchaser will use the product as a precursor to manufacture
methamphetamine or another controlled illegal substance or if the
person sells, transfers, distributes or dispenses the product with
reckless disregard as to how the product will be used.

B. A violation of this section shall be a Class B4 felony
offense punishable by imprisonment in the State Penitentiary for a
term of not more than ten (10) years.

C. Any person who sells, transfers, distributes, dispenses, or
in any manner furnishes any product containing pseudoephedrine or
phenylpropanolamine, or their salts, isomers, or salts of isomers in
a negligent manner, with knowledge or reason to know that the
product will be used as a precursor to manufacture methamphetamine
or any other illegal controlled substance, or with reckless
disregard as to how the product will be used, shall be liable for
all damages, whether directly or indirectly caused by the sale,
transfer, distribution, dispensation, or furnishing.

1. Such damages may include, but are not limited to, any and
all costs of detecting, investigating, and cleaning up or
remediating clandestine or other unlawfully operated or maintained
laboratories where controlled dangerous substances are manufactured,
any and all costs of prosecuting criminal cases arising from such
manufacture, and any and all consequential and punitive damages
otherwise allowed by law.

2. A civil action to recover damages against persons,
corporations or other entities violating this subsection may be
ENR. H. B. NO. 2104 Page 189
brought only by the Attorney General, the Director of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control or by any
district attorney in whose jurisdiction such person may be shown to
have committed such violation. Any funds recovered from such an
action shall be used for payment or reimbursement of costs arising
from investigating or prosecuting criminal or civil cases involving
the manufacture of controlled dangerous substances, for drug
education programs, or for payment or reimbursement of remediating
contaminated methamphetamine laboratory sites.

D. Violation of subsection A or C of this section shall be
considered to affect at the same time an entire community or
neighborhood, or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon the individuals may
be unequal and is subject to the provisions of Section 2 of Title 50
of the Oklahoma Statutes and Section 1397 of Title 12 of the
Oklahoma Statutes.

SECTION 147. AMENDATORY 63 O.S. 2021, Section 2-509, is
amended to read as follows:

Section 2-509. A. All species of plants from which controlled
dangerous substances in Schedules I and II may be derived are hereby
declared inimical to health and welfare of the public, and the
intent of the Legislature is to control and eradicate these species
of the plants in the State of Oklahoma.

B. It shall be unlawful for any person to cultivate or produce,
or to knowingly permit the cultivation, production, or wild growing
of any species of such plants, on any lands owned or controlled by
such person, and it is hereby declared the duty of every such person
to destroy all such plants found growing on lands owned or
controlled by the person.

C. 1. Whenever any peace officer of the state shall receive
information that any species of any such plants has been found
growing on any private lands in the State of Oklahoma, the peace
officer shall notify the sheriff and county commissioners of the
county wherein such plants are found growing. Within five (5) days
of receipt of such notice, the county commissioners shall notify the
owner or person in possession of such lands that such plants have
been found growing on the the lands and that the same must be
destroyed or eradicated within fifteen (15) days. When the fifteen
(15) days have elapsed, the reporting peace officer shall cause an
investigation to be made of the aforesaid lands, and if any such
ENR. H. B. NO. 2104 Page 190
plants be found growing thereon, the county commissioners shall
cause the same to be destroyed or eradicated by either cutting and
burning or by applications of herbicides approved for such purpose
and registered for use in Oklahoma by the Oklahoma Department of
Agriculture, Food, and Forestry in accordance with Section 2-505 of
this title.

2. Whenever any such plants are destroyed or eradicated by
order of the county commissioners as provided herein, the cost of
the same shall, if the work or labor be furnished by the county
commissioners, be taxed against the lands whereon the work was
performed, and shall be a lien upon such land in all manner and
respects as a lien of judgment, if the owner is charged with a
violation of subsection B of this section. If the violation of
subsection B of this section is by a person other than the owner of
the land, without the knowledge of the owner, the costs shall be
paid by the initiating law enforcement agency.

D. Knowingly violating the provisions of subsection B or
subsection H of this section is hereby declared, as to the owner, or
person in possession of such lands, to be a felony and upon
conviction punishable as such by a fine not to exceed Fifty Thousand
Dollars ($50,000.00) and imprisonment in the custody of the
Department of Corrections for not more than ten (10) years. The
fine provided for in this subsection shall be in addition to other
punishments provided by law and shall not be in lieu of other
punishment. Any person convicted of a second violation of
subsection B or subsection H of this section is, upon conviction,
punishable by a term of imprisonment in the custody of the
Department of Corrections for not less than two (2) years nor more
than twenty (20) years and by twice the fine otherwise authorized.
Any person convicted of a third or subsequent violation of
subsection B or subsection H of this section is punishable by a term
of imprisonment in the custody of the Department of Corrections for
not less than ten (10) years nor more than life.

E. It shall be the duty of any peace officer of the State of
Oklahoma who receives information of such plants growing in the
State of Oklahoma, to make notice, in writing, to the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control and the future
destruction or eradication of the annual growth of such plants shall
be supervised by the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control. Any destruction or eradication of the
annual growth of such plants supervised by the Bureau shall be by
cutting and burning the same or by destruction and eradication
ENR. H. B. NO. 2104 Page 191
through applications of herbicides approved for such purpose and
registered for use in Oklahoma by the Oklahoma Department of
Agriculture, Food, and Forestry.

F. Any application of herbicides authorized by this section
shall be made pursuant to the provisions of Section 2-505 of this
title.

G. In lieu of the eradication procedures provided for in
subsections B and C of this section, all species of plants from
which controlled dangerous substances in Schedules I and II of the
Uniform Controlled Dangerous Substances Act may be derived, may be
disposed of pursuant to the provisions of subsection C of Section 2-
505 of this title.

H. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful, and a Class B4 felony offense,
for any person to manufacture or attempt to manufacture any
controlled dangerous substance by cooking, burning, or extracting
and converting or attempting to extract and convert marihuana or
marihuana oil into hashish, hashish oil or hashish powder.

SECTION 148. AMENDATORY 63 O.S. 2021, Section 2-701, is
amended to read as follows:

Section 2-701. A. There is hereby created within the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control a registry of
persons who, after November 1, 2010, have been convicted, whether
upon a verdict or plea of guilty or upon a verdict or plea of nolo
contendere, or received a suspended sentence or any deferred or
probationary term, or are currently serving a sentence or any form
of probation or parole for a crime or attempt to commit a crime
including, but not limited to, unlawful possession, conspiring,
endeavoring, manufacturing, distribution or trafficking of a
precursor or methamphetamines under the provisions of Section 2-322,
2-332, 2-401, 2-402, 2-408 or 2-415 of this title, or any crime
including, but not limited to, crimes involving the possession,
distribution, manufacturing or trafficking of methamphetamines or
illegal amounts of or uses of pseudoephedrine in any federal court,
Indian tribal court, or any court of another state if the person is
a resident of the State of Oklahoma or seeks to remain in the State
of Oklahoma in excess of ten (10) days.

B. It shall be unlawful for any person who knows that he or she
is subject to the registry created in subsection A of this section
ENR. H. B. NO. 2104 Page 192
to purchase, possess or have control of any Schedule V compound,
mixture, or preparation containing any detectable quantity of
pseudoephedrine, its salts or optical isomers, or salts of optical
isomers. A prescription for pseudoephedrine shall not provide an
exemption for any person to this law. Any person convicted of
violating the provisions of this subsection shall be guilty of a
Class B4 felony offense, punishable by imprisonment in the custody
of the Department of Corrections for not less than two (2) years and
not more than ten (10) years, or by a fine of not more than Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. The registry created in subsection A of this section shall
be maintained by the Bureau. The registry shall be made available
for registrants who sell or dispense pseudoephedrine-related
products and to law enforcement agencies for law enforcement
purposes through the electronic methamphetamine precursor tracking
service. The electronic methamphetamine precursor tracking service
shall generate a stop-sale alert on any sale of pseudoephedrine to
any individual listed on the methamphetamine offender registry in
real time.

D. The registry shall consist of the following information:

1. Name and address of the person;

2. Date of birth of the person;

3. The offense or offenses which made the person eligible for
inclusion on the registry;

4. The date of conviction or the date that a plea of guilty or
nolo contendere was accepted by the court for any violation of an
offense provided for in subsection A of this section;

5. The county where the offense or offenses occurred; and

6. Such other identifying data as the Bureau determines is
necessary to properly identify the person.

E. Beginning November 1, 2010, all district court clerks shall
forward a copy of the judgment and sentence or other applicable
information relating to the disposition of the criminal case and
date of birth of all persons who are subject to the provisions of
the Oklahoma Methamphetamine Offender Registry Act for a violation
of the offenses described in subsection A of this section to the
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Bureau. The information shall be sent in an electronic format in a
manner prescribed by the Bureau within ten (10) days of the date of
final disposition of the case. Any person subject to the registry
pursuant to subsection A of this section, having received a deferred
sentence or conviction in a federal court, Indian tribal court, or
any court of another state, shall be required to register and submit
a methamphetamine offender registration form in a format prescribed
by the Bureau within ten (10) days of entering the State of Oklahoma
or if incarcerated in a federal institution within the boundaries of
Oklahoma, within ten (10) days of release from the institution.
Knowingly failing to submit the form required by this subsection
shall constitute a misdemeanor.

F. Upon receipt of the information provided by the district
court clerk, the Bureau shall transmit in an electronic format to
the electronic methamphetamine precursor tracking service at least
every seven (7) days the name of any person placed on the
methamphetamine offender registry as provided in this section. The
information transmitted to the electronic tracking service shall
include the first, middle, and last name of the person, and the
address and the date of birth of the person. The electronic
methamphetamine precursor tracking service shall be designed to
generate a stop-sale alert for any person who is on the
methamphetamine offender registry and whose name, address and date
of birth have been transmitted by the Bureau to the electronic
tracking service.

G. The Bureau shall remove from the methamphetamine offender
registry the name and other identifying information of a person who
has been convicted of a violation of any of the offenses described
in subsection A of this section ten (10) years after the date of the
most recent judgment and sentence. Any person having received a
deferred sentence that expires prior to the ten-year time limitation
may apply to the Bureau to be removed from the registry upon the
completion of the deferred sentence by providing to the Bureau a
certified copy of the dismissal of the case by certified mail. The
Bureau may remove the person from the methamphetamine offender
registry upon expiration of the deferred sentence. The Bureau shall
also be required to notify the provider of the electronic
methamphetamine precursor tracking service when a person is removed
from the methamphetamine offender registry. Upon notification from
the Bureau, the provider of the electronic tracking service shall
remove the name of the person from the electronic methamphetamine
precursor tracking service and the person shall thereafter be
permitted to purchase pseudoephedrine-related products.
ENR. H. B. NO. 2104 Page 194

H. It shall be a violation for any person to assist another,
with knowledge that the person is subject to the registry, in the
purchase of any pseudoephedrine products. Any person convicted of
violating the provisions of this subsection shall, for a first
offense, be guilty of a misdemeanor, punishable by incarceration in
the county jail for not more than one (1) year, or by a fine of not
more than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment. Any second or subsequent conviction for a violation
of this subsection shall be a Class D2 felony offense, punishable by
incarceration in the custody of the Department of Corrections for
not more than two (2) years as provided for in subsections B through
F of Section 20O of Title 21 of the Oklahoma Statutes, or by a fine
of not less than Two Thousand Five Hundred Dollars ($2,500.00), or
by both such fine and imprisonment.

I. On or prior to November 1, 2011, the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control shall maintain a
methamphetamine offender registry website available for viewing by
the public.

J. For the purposes of this section, knowledge that a person
was subject to the methamphetamine offender registry may be proven
through court testimony or any other public notice or publicly
available record including, but not limited to, court records
maintained by the Oklahoma Supreme Court Network and the Oklahoma
Court Information System.

K. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control shall take necessary actions through the promulgation of
rules and cooperation with pharmacies and the courts to ensure that
notice of the provisions of this section is provided to those
persons subject to the methamphetamine offender registry as listed
in subsection A of this section.

SECTION 149. AMENDATORY 21 O.S. 2021, Section 647, is
amended to read as follows:

Section 647. Aggravated assault and battery shall be a Class B5
felony offense and shall be punished by imprisonment in the State
Penitentiary not exceeding five (5) years, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not more
than Five Hundred Dollars ($500.00), or both such fine and
imprisonment.

ENR. H. B. NO. 2104 Page 195
SECTION 150. AMENDATORY 21 O.S. 2021, Section 649, is
amended to read as follows:

Section 649. A. Every person who, without justifiable or
excusable cause, knowingly commits any assault upon the person of a
police officer, sheriff, deputy sheriff, highway patrolman,
corrections personnel, or state peace officer employed or duly
appointed by any state governmental agency to enforce state laws
while the officer is in the performance of his or her duties is
punishable by imprisonment in the county jail not exceeding six (6)
months, or by a fine not exceeding Five Hundred Dollars ($500.00),
or by both such fine and imprisonment.

B. Every person who, without justifiable or excusable cause
knowingly commits battery or assault and battery upon the person of
a police officer, sheriff, deputy sheriff, highway patrolman,
corrections personnel, or other state peace officer employed or duly
appointed by any state governmental agency to enforce state laws
while the officer is in the performance of his or her duties, upon
conviction, shall be guilty of a Class B5 felony offense punishable
by imprisonment in the custody of the Department of Corrections of
not more than five (5) years or county jail for a period not to
exceed one (1) year, or by a fine not exceeding Five Hundred Dollars
($500.00), or by both such fine and imprisonment.

C. As used in this section and in Section 650 of this title,
"corrections personnel" means any person, employed or duly appointed
by the state or by a political subdivision, who has direct contact
with inmates of a jail or state correctional facility, and includes
but is not limited to, Department of Corrections personnel in job
classifications requiring direct contact with inmates, persons
providing vocational-technical training to inmates, education
personnel who have direct contact with inmates because of education
programs for inmates, and persons employed or duly appointed by
county or municipal jails to supervise inmates or to provide medical
treatment or meals to inmates of jails.

D. For the purposes of this section, assault and battery upon
law officers includes any attempt to reach for or gain control of
the firearm of any police officer, sheriff, deputy sheriff, highway
patrol, corrections personnel as defined in Section 649 of this
title, or any peace officer employed by any state or federal
governmental agency to enforce state laws.

ENR. H. B. NO. 2104 Page 196
E. For purposes of this section, if an officer is off duty and
the nature of the assault or assault and battery relates back to, or
in any manner or circumstances has to do with, his or her official
position as a law enforcement officer then it shall fall within the
meaning of "in the performance of his or her duties" as an officer.

F. This section shall not supersede any other act or acts, but
shall be cumulative thereto.

SECTION 151. AMENDATORY 21 O.S. 2021, Section 649.1, is
amended to read as follows:

Section 649.1. A. No person shall willfully strike, torment,
administer a nonpoisonous desensitizing substance to, or otherwise
mistreat a police dog or police horse owned, or the service of which
is employed, by a law enforcement agency of the state or a political
subdivision of the state.

B. No person shall willfully interfere with the lawful
performance of any police dog or police horse.

C. Except as provided in subsection D of this section, any
person convicted of violating any of the provisions of this section
shall be guilty of a misdemeanor Class B6 felony offense, punishable
by the imposition of a fine not exceeding Five Hundred Dollars
($500.00), or by imprisonment in the county jail not exceeding one
(1) year, or by both such fine and imprisonment. In addition, the
person shall be ordered to pay restitution, which shall be paid to
the law enforcement agency or political subdivision of the state
which employed the service of the police dog or horse.

D. Any person who knowingly and willfully and without lawful
cause or justification violates the provisions of this section,
during the commission of a misdemeanor or felony, shall be guilty of
a Class B5 felony offense, punishable by the imposition of a fine
not exceeding One Thousand Dollars ($1,000.00), or by imprisonment
in the custody of the Department of Corrections not exceeding two
(2) years, or by both such fine and imprisonment. In addition, the
person shall be ordered to pay restitution, which shall be paid to
the law enforcement agency or political subdivision of the state
which employed the service of the police dog or horse.

SECTION 152. AMENDATORY 21 O.S. 2021, Section 649.2, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 197
Section 649.2. A. No person shall willfully kill; beat;
torture; injure so as to disfigure or disable; administer poison to;
set a booby trap device for the purpose of injury so as to
disfigure, disable or kill; or pay or agree to pay bounty for
purposes of injury so as to disfigure, disable or kill any police
dog or police horse owned, or the service of which is employed, by a
law enforcement agency of the state or a political subdivision of
the state.

B. Except as provided in subsection C of this section, any
person convicted of violating the provisions of this section is
guilty of a misdemeanor punishable by the imposition of a fine not
exceeding One Thousand Dollars ($1,000.00), or by imprisonment in
the county jail not exceeding one (1) year, or by both such fine and
imprisonment. In addition, the person shall be ordered to pay
restitution, which shall be paid to the law enforcement agency or
political subdivision of the state which employed the service of the
police dog or horse.

C. Any person who knowingly and willfully and without lawful
cause or justification violates the provisions of this section,
during the commission of a misdemeanor or felony, shall be guilty of
a Class B5 felony offense, punishable by the imposition of a fine
not exceeding One Thousand Dollars ($1,000.00), or by imprisonment
in the custody of the Department of Corrections not exceeding five
(5) years, or by both such fine and imprisonment. In addition, the
person shall be ordered to pay restitution, which shall be paid to
the law enforcement agency or political subdivision of the state
which employed the service of the police dog or horse.

D. The provisions of this section shall not apply:

1. To a peace officer or veterinarian who terminates the life
of a police dog or a police horse for the purpose of relieving the
dog or horse of undue pain or suffering; or

2. If a police dog is off duty and is running loose without
supervision of a police officer and gets run over by a motor vehicle
or is perceived to be a threat to the public.

SECTION 153. AMENDATORY 21 O.S. 2021, Section 650.2, is
amended to read as follows:

Section 650.2. A. Every person in the custody of the Oklahoma
Department of Corrections who, without justifiable or excusable
ENR. H. B. NO. 2104 Page 198
cause, knowingly commits any assault, battery or assault and battery
upon the person of a Department of Corrections employee while said
employee is in the performance of his or her duties shall, upon
conviction thereof, be guilty of a Class B6 felony offense.

B. Every person incarcerated in an institution operated by a
private prison contractor, pursuant to Section 561, 563.1 or 563.2
of Title 57 of the Oklahoma Statutes, who, without justifiable or
excusable cause, knowingly commits any assault, battery or assault
and battery upon the person of an employee of the contractor while
said employee is in the performance of duties shall, upon conviction
thereof, be guilty of a Class B6 felony offense.

C. Every person in the custody of the Department of Human
Services who, without justifiable or excusable cause, knowingly
commits any aggravated assault and battery upon the person of a
Department of Human Services employee, or a person contracting with
the Department to provide services, while the employee or contractor
is in the performance of his or her duties shall, upon conviction
thereof, be guilty of a Class B6 felony offense.

D. Every person in the custody of the Office of Juvenile
Affairs who, without justifiable or excusable cause, knowingly
commits any assault, battery or assault and battery upon the person
of an Office of Juvenile Affairs employee while said employee is in
the performance of his or her duties shall, upon conviction thereof,
be guilty of a Class B6 felony offense.

E. Every person in the custody of the Office of Juvenile
Affairs who, without justifiable or excusable cause, knowingly
commits any battery or assault and battery resulting in bodily
injury to any employee of the Office of Juvenile Affairs or employee
of any residential facility while said employee is in the
performance of duties of employment shall, upon conviction thereof,
be guilty of a Class B5 felony offense. The fine for a violation of
this subsection shall not be less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), which may
be imposed whether or not a period of incarceration is imposed.

SECTION 154. AMENDATORY 21 O.S. 2021, Section 653, is
amended to read as follows:

Section 653. Any person who is guilty of an assault with intent
to kill any person, the punishment for which is not prescribed by
Section 652 of this title, shall be guilty of a Class B5 felony
ENR. H. B. NO. 2104 Page 199
offense punishable by imprisonment in the State Penitentiary for a
term not exceeding five (5) years, or in a county jail not exceeding
one (1) year, or by a fine not exceeding Five Hundred Dollars
($500.00), or by both such fine and imprisonment.

SECTION 155. AMENDATORY 21 O.S. 2021, Section 681, is
amended to read as follows:

Section 681. A. Any person who is guilty of an assault with
intent to commit any felony, except an assault with intent to kill,
the punishment for which assault is not otherwise prescribed in this
code, shall be guilty of a Class B5 felony offense punishable by
imprisonment in the custody of the Department of Corrections not
exceeding five (5) years, or in a county jail not exceeding one (1)
year, or by a fine not exceeding Five Hundred Dollars ($500.00), or
by both such fine and imprisonment.

B. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of subsection A of this section and the offense involved
sexual assault, shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.

SECTION 156. AMENDATORY 21 O.S. 2021, Section 716, is
amended to read as follows:

Section 716. Every killing of one human being by the act,
procurement or culpable negligence of another, which, under the
provisions of this chapter, is not murder, nor manslaughter in the
first degree, nor excusable nor justifiable homicide, is
manslaughter in the second degree, a Class B5 felony offense.

SECTION 157. AMENDATORY 21 O.S. 2021, Section 717, is
amended to read as follows:

Section 717. If the owner of a mischievous animal, knowing its
propensities, wilfully suffers it to go at large, or keeps it
without ordinary care, and such animal, while so at large or not
confined, kills any human being who has taken all the precautions
which the circumstances permitted, to avoid such animal, the owner
ENR. H. B. NO. 2104 Page 200
is deemed guilty of manslaughter in the second degree, a Class B5
felony offense.

SECTION 158. AMENDATORY 21 O.S. 2021, Section 722, is
amended to read as follows:

Section 722. Any person guilty of manslaughter in the second
degree shall be guilty of a Class B5 felony offense punishable by
imprisonment in the State Penitentiary not more than four (4) years
and not less than two (2) years, or by imprisonment in a county jail
not exceeding one (1) year, or by a fine not exceeding One Thousand
Dollars ($1,000.00), or both fine and imprisonment.

SECTION 159. AMENDATORY 21 O.S. 2021, Section 856.3, is
amended to read as follows:

Section 856.3. Any person who attempts or commits a gang-
related offense as a condition of membership in a criminal street
gang or while in association with any criminal street gang or gang
member shall be guilty of a Class B5 felony offense. Upon
conviction, the violator shall be punished by incarceration in the
custody of the Department of Corrections for a term of five (5)
years, which shall be in addition to any other penalty imposed. For
purposes of this section, “criminal street gang” is defined by
subsection F of Section 856 of Title 21 of the Oklahoma Statutes and
“gang-related offense” means those offenses enumerated in paragraphs
1 through 16 of subsection F of Section 856 of Title 21 of the
Oklahoma Statutes.

SECTION 160. AMENDATORY 21 O.S. 2021, Section 1192.1, is
amended to read as follows:

Section 1192.1. A. It shall be unlawful for any person knowing
that he or she has Acquired Immune Deficiency Syndrome (AIDS) or is
a carrier of the human immunodeficiency virus (HIV) and with intent
to infect another, to engage in conduct reasonably likely to result
in the transfer of the person's own blood, bodily fluids containing
visible blood, semen, or vaginal secretions into the bloodstream of
another, or through the skin or other membranes of another person,
except during in utero transmission of blood or bodily fluids, and:

1. The other person did not consent to the transfer of blood,
bodily fluids containing blood, semen, or vaginal secretions; or

ENR. H. B. NO. 2104 Page 201
2. The other person consented to the transfer but at the time
of giving consent had not been informed by the person that the
person transferring such blood or fluids had AIDS or was a carrier
of HIV.

B. Any person convicted of violating the provisions of this
section shall be guilty of a Class B5 felony offense, punishable by
imprisonment in the custody of the Department of Corrections for not
more than five (5) years.

SECTION 161. AMENDATORY 21 O.S. 2021, Section 1302, is
amended to read as follows:

Section 1302. Any person, masked or in disguise, who shall
enter upon the premises of another or demand admission into the
house or enclosure of another with intent to inflict bodily injury,
or injury to property shall be deemed guilty of assault with intent
to commit a felony and such entrance or demand for admission shall
be prima facie evidence of such intent, and upon conviction thereof,
such person shall be guilty of a Class B5 felony offense and shall
be punished by a fine of not less than Fifty Dollars ($50.00) nor
more than Five Hundred Dollars ($500.00), and by imprisonment in the
State Penitentiary for a term of not less than one (1) year nor more
than five (5) years.

SECTION 162. AMENDATORY 21 O.S. 2021, Section 1303, is
amended to read as follows:

Section 1303. Any person, while masked or in disguise, who
shall assault another with a dangerous weapon, or other instrument
of punishment, shall be deemed guilty of a Class B5 felony offense,
and upon conviction thereof shall be punishable by a fine of not
less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00), and by imprisonment in the State Penitentiary for
a term of not less than five (5) years nor more than twenty (20)
years.

SECTION 163. AMENDATORY 21 O.S. 2021, Section 1320.3, is
amended to read as follows:

Section 1320.3. It shall be unlawful and shall constitute an
unlawful assembly, a Class B5 felony offense, for a person to
assemble or act in concert with four (4) or more persons for the
purpose of engaging in conduct constituting the crime of riot, or to
ENR. H. B. NO. 2104 Page 202
remain at the scene of a riot after being instructed to disperse by
law authorities.

SECTION 164. AMENDATORY 21 O.S. 2021, Section 1320.5, is
amended to read as follows:

Section 1320.5. Any person guilty of the crime, as set forth in
Section 1320.3 of this title, shall be deemed guilty of a Class B5
felony offense, punishable by not more than five (5) years in
prison, or a fine of not more than Five Thousand Dollars
($5,000.00), or both.

SECTION 165. AMENDATORY 21 O.S. 2021, Section 1685, is
amended to read as follows:

Section 1685. Any person who shall willfully or maliciously
torture, destroy or kill, or cruelly beat or injure, maim or
mutilate any animal in subjugation or captivity, whether wild or
tame, and whether belonging to the person or to another, or deprive
any such animal of necessary food, drink, shelter, or veterinary
care to prevent suffering; or who shall cause, procure or permit any
such animal to be so tortured, destroyed or killed, or cruelly
beaten or injured, maimed or mutilated, or deprived of necessary
food, drink, shelter, or veterinary care to prevent suffering; or
who shall willfully set on foot, instigate, engage in, or in any way
further any act of cruelty to any animal, or any act tending to
produce such cruelty, shall be guilty of a Class B5 felony offense
and shall be punished by imprisonment in the State Penitentiary not
exceeding five (5) years, or by imprisonment in the county jail not
exceeding one (1) year, or by a fine not exceeding Five Thousand
Dollars ($5,000.00). Any animal so maltreated or abused shall be
considered an abused or neglected animal.

SECTION 166. AMENDATORY 21 O.S. 2021, Section 1692.2, is
amended to read as follows:

Section 1692.2. Every person who willfully instigates or
encourages any cockfight, upon conviction, shall be guilty of a
Class B5 felony offense. The penalty for a violation of this
section shall be as provided in Section 8 of this act.

SECTION 167. AMENDATORY 21 O.S. 2021, Section 1692.3, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 203
Section 1692.3. Every person who keeps any pit or other place,
or knowingly provides any equipment or facilities to be used in
permitting any cockfight, upon conviction, shall be guilty of a
Class B5 felony offense. The penalty for a violation of this
section shall be as provided in Section 8 of this act.

SECTION 168. AMENDATORY 21 O.S. 2021, Section 1692.4, is
amended to read as follows:

Section 1692.4. Every person who does any act or performs any
service in the furtherance of or to facilitate any cockfight, upon
conviction, shall be guilty of a Class B5 felony offense. Such
activities and services specifically prohibited by this section
include, but are not limited to: promoting or refereeing of birds
at a cockfight, advertising a cockfight, or serving as a stakes
holder of any money wagered on any cockfight. The penalty for a
violation of this section shall be as provided in Section 8 of this
act.

SECTION 169. AMENDATORY 21 O.S. 2021, Section 1692.5, is
amended to read as follows:

Section 1692.5. Every person who owns, possesses, keeps, or
trains any bird with the intent that such bird shall be engaged in a
cockfight, upon conviction, shall be guilty of a Class B5 felony
offense. The penalty for a violation of this section shall be as
provided in Section 8 of this act.

SECTION 170. AMENDATORY 21 O.S. 2021, Section 1692.8, is
amended to read as follows:

Section 1692.8. A. Every person who is guilty of a felony
under any of the provisions of Sections 2, 3, 4, or 5 of this act
shall be guilty of a Class B5 felony offense and shall be punished
by imprisonment in the state penitentiary for not less than one (1)
year nor more than ten (10) years, or shall be fined not less than
Two Thousand Dollars ($2,000.00) nor more than Twenty-five Thousand
Dollars ($25,000.00), or by both such fine and imprisonment.

B. Every person who upon conviction is guilty of any of the
provisions of Section 6 of this act shall be punished by
imprisonment in the county jail for not more than one (1) year, or
shall be fined not more than Five Hundred Dollars ($500.00), or by
both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 204
SECTION 171. AMENDATORY 21 O.S. 2021, Section 1694, is
amended to read as follows:

Section 1694. Every person who willfully or for any bet, stake
or reward, instigates or encourages any fight between dogs, or
instigates or encourages any dog to attack, bite, wound or worry
another dog, except in the course of protection of life and
property, upon conviction, shall be guilty of a Class B5 felony
offense, punishable as provided in Section 1699.1 of this title.

SECTION 172. AMENDATORY 21 O.S. 2021, Section 1695, is
amended to read as follows:

Section 1695. Every person who keeps any house, pit or other
place, or provides any equipment or facilities to be used in
permitting any fight between dogs or in furtherance of any activity
described in Section 1693 of this title, upon conviction, shall be
guilty of a Class B5 felony offense, punishable as provided in
Section 1699.1 of this title.

SECTION 173. AMENDATORY 21 O.S. 2021, Section 1696, is
amended to read as follows:

Section 1696. Every person who does any act or performs any
service in the furtherance of or to facilitate any dogfight, upon
conviction, shall be guilty of a Class B5 felony offense. Such
activities and services specifically prohibited by this section
include, but are not limited to: Promotion, refereeing, handling of
dogs at a fight, transportation of spectators to or from a dogfight,
providing concessions at a dogfight, advertising a dogfight, or
serving as a stakes holder of any money wagered on any dogfight,
punishable as provided in Section 1699.1 of this title.

SECTION 174. AMENDATORY 21 O.S. 2021, Section 1697, is
amended to read as follows:

Section 1697. Every person who owns, possesses, keeps or trains
any dog with the intent that such dog shall be engaged in an
exhibition of fighting with another dog, upon conviction, shall be
guilty of a Class B5 felony offense, punishable as provided in
Section 1699.1 of this title.

SECTION 175. AMENDATORY 21 O.S. 2021, Section 1699.1, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 205
Section 1699.1. A. Every person who is guilty of a Class B5
felony offense under any of the provisions of Sections 1694, 1695,
1696 and 1697 of this title shall be punished by imprisonment in the
State Penitentiary for not less than one (1) year nor more than ten
(10) years, or a fine not less than Two Thousand Dollars ($2,000.00)
nor more than Twenty-five Thousand Dollars ($25,000.00), or by both
such fine and imprisonment.

B. Every person who upon conviction is guilty of any of the
provisions of Section 1698 of this title shall be punished by
imprisonment in the county jail for not more than one (1) year, or
shall be fined not more than Five Hundred Dollars ($500.00).

SECTION 176. AMENDATORY 47 O.S. 2021, Section 10-102, is
amended to read as follows:

Section 10-102. A. The driver of any vehicle involved in an
accident resulting in a nonfatal injury to any person shall
immediately stop such vehicle at the scene of such accident or as
close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene of the accident until he has
fulfilled the requirements of Section 10-104 of this title. Every
such stop shall be made without obstructing traffic more than is
necessary.

B. Any person willfully, maliciously, or feloniously failing to
stop to avoid detection or prosecution or to comply with said
requirements under such circumstances, shall upon conviction be
guilty of a Class B5 felony offense punishable by imprisonment for
not less than ten (10) days nor more than two (2) years, or by a
fine of not less than Fifty Dollars ($50.00) nor more than One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

C. The Commissioner of Public Safety shall revoke the license
or permit to drive and any nonresident operating privilege of the
person so convicted.

SECTION 177. AMENDATORY 57 O.S. 2021, Section 586, is
amended to read as follows:

Section 586. No person subject to the provisions of the Sex
Offenders Registration Act, Sections Section 581 et seq. of this
title, shall furnish any false or misleading information in the
registration required by said act. Any person violating the
ENR. H. B. NO. 2104 Page 206
provisions of this section shall, upon conviction, be guilty of a
Class B5 felony offense.

SECTION 178. AMENDATORY 57 O.S. 2021, Section 587, is
amended to read as follows:

Section 587. A. Any person required to register pursuant to
the provisions of the Sex Offenders Registration Act who violates
any provision of said act shall, upon conviction, be guilty of a
Class B5 felony offense. Any person convicted of a violation of
this section shall be punished by imprisonment in the custody of the
Department of Corrections for not more than five (5) years, a fine
not to exceed Five Thousand Dollars ($5,000.00), or both such fine
and imprisonment.

B. Any person required to register pursuant to the Sex
Offenders Registration Act who fails to comply with the established
guidelines for global position system Global Positioning System
(GPS) monitoring shall, upon conviction, be guilty of a Class B5
felony offense punishable by a fine not to exceed One Thousand
Dollars ($1,000.00), or by imprisonment in the custody of the county
jail for not more than one (1) year, or by both such fine and
imprisonment.

SECTION 179. AMENDATORY 57 O.S. 2021, Section 590.1, is
amended to read as follows:

Section 590.1. A. 1. It is unlawful for two or more persons
required to register as sex offenders to reside together in any
individual dwelling during the term of registration as a sex
offender. Every person violating this provision shall be guilty,
upon conviction, of a misdemeanor punishable by imprisonment in the
county jail for a term not more than one (1) year and a fine in an
amount not to exceed One Thousand Dollars ($1,000.00). Every person
convicted of a second or subsequent violation of this section shall
be guilty of a Class B5 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term not more
than five (5) years and a fine in an amount not to exceed Two
Thousand Dollars ($2,000.00).

2. The provisions of paragraph 1 of this subsection shall not
be construed to prohibit a registered sex offender from residing in
any properly zoned and established boarding house, apartment
building or other multi-unit structure; provided the individual
dwellings are separate for each registered person. Nothing in this
ENR. H. B. NO. 2104 Page 207
subsection shall prohibit the sharing of living quarters, jail or
prison space, or any multi-person or dormitory-style housing of sex
offenders in the custody of any jail or correctional facility or any
properly zoned facility under contract with a jail or correctional
agency for the purpose of housing prisoners, or any properly
established treatment or nonprofit facility located in a properly
zoned area determined by the local governing authority and housing
persons for purposes of sex offender services and treatment.
Nothing in this subsection shall prohibit married persons, both of
whom are required to register as sex offenders, or two or more blood
relatives who are required to register as sex offenders, from
residing in any individual dwelling during the term of registration
as a sex offender.

3. For purposes of this subsection, “individual dwelling”
means:

a. a private residential property, whether owned, leased
or rented, including all real property zoned as
single-family residential property or zoned as multi-
family residential property due to any adjacent,
detached or separate living quarters of any kind on
such property,

b. any room available within any boarding house or group
home as such term is defined by subsection D of this
section,

c. any single apartment for rent or lease within an
apartment building, or

d. any separate residential unit made available for sale,
rent or lease within a multi-unit structure, including
a condominium, duplex, triplex, quadriplex or any unit
that is constructed together with other separate units
into one structure.

4. For purposes of this section, “multi-unit structure” means a
structure with multiple residential units that provide independent
living facilities for living, sleeping, cooking, eating, and
sanitation within each individual unit. Manufactured homes, mobile
homes, trailers, and recreational vehicles that do not meet the
descriptions of this paragraph are not multi-unit structures.

ENR. H. B. NO. 2104 Page 208
B. The Department of Corrections is prohibited from contracting
for the housing of any person required to register as a sex offender
in any individual dwelling, as defined by paragraph 3 of subsection
A of this section, where another person required to register as a
sex offender also resides.

C. No halfway house, nonprofit organization, or private entity
shall contract with the Department of Corrections or any jail to
house any person required to register as a sex offender or offer
housing independently to any person required to register as a sex
offender if such housing facility is located within a single-family
zoned residential neighborhood or is not properly zoned as a multi-
unit housing structure, jail or correctional facility.

D. No person or entity shall knowingly establish or operate a
boarding house or group home, or otherwise knowingly rent or lease
rooms, for the residency of persons required to register pursuant to
the Sex Offenders Registration Act unless treatment services are
provided. Said facility must also be in a properly zoned area
determined by the local governing authority. For purposes of this
subsection, “boarding house or group home” means a dwelling that is
used for the residency of two or more unrelated persons.

E. No person or entity shall knowingly establish, lease,
operate, or own any structure or portion of a structure where
persons required to register pursuant to the Sex Offenders
Registration Act are allowed to reside together in violation of this
section or knowingly allow any other violation of this section.

F. Every person convicted of a first violation of subsection E
of this section shall be guilty of a misdemeanor and shall be
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by imprisonment in the county jail for not more than one (1)
year, or by both such fine and imprisonment. Any person convicted
of a second violation shall be guilty of a misdemeanor and shall be
punished by a fine of not more than Two Thousand Five Hundred
Dollars ($2,500.00), or by imprisonment in the county jail for not
more than one (1) year, or by both such fine and imprisonment. Any
person convicted of a third or subsequent violation shall be guilty
of a Class B5 felony offense and shall be punished by a fine of not
less than Two Thousand Five Hundred Dollars ($2,500.00) and not more
than Five Thousand Dollars ($5,000.00), or by imprisonment in the
custody of the Department of Corrections for not more than five (5)
years, or by both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 209
SECTION 180. AMENDATORY 21 O.S. 2021, Section 649.3, is
amended to read as follows:

Section 649.3. A. No person shall willfully harm, including
torture, torment, beat, mutilate, injure, disable, or otherwise
mistreat or kill a service animal that is used for the benefit of
any handicapped person in the state.

B. No person including, but not limited to, any municipality or
political subdivision of the state, shall willfully interfere with
the lawful performance of any service animal used for the benefit of
any handicapped person in the state.

C. Except as provided in subsection D of this section, any
person convicted of violating any of the provisions of this section
shall be guilty of a misdemeanor, punishable by the imposition of a
fine not exceeding One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail not exceeding one (1) year, or by
both such fine and imprisonment.

D. Any person who knowingly and willfully and without lawful
cause or justification violates the provisions of this section,
during the commission of a misdemeanor or felony, shall be guilty of
a Class B6 felony offense, punishable by the imposition of a fine
not exceeding One Thousand Dollars ($1,000.00), or by imprisonment
in the Department of Corrections not exceeding two (2) years, or by
both such fine and imprisonment.

E. Any person who encourages, permits or allows an animal owned
or kept by such person to fight, injure, disable or kill a service
animal used for the benefit of any handicapped person in this state,
or to interfere with a service animal in any place where the service
animal resides or is performing, shall, upon conviction, be guilty
of a misdemeanor punishable as provided in subsection C of this
section. In addition to the penalty imposed, the court shall order
the violator to make restitution to the owner of the service animal
for actual costs and expenses incurred as a direct result of any
injury, disability or death caused to the service animal, including
but not limited to costs of replacing and training any new service
animal when a service animal is killed, disabled or unable to
perform due to injury. For purpose of this subsection, when a
person informs the owner of an animal that the animal is a threat
and requests the owner to control or contain the animal and the
owner disregards the request, the owner shall be deemed to have
ENR. H. B. NO. 2104 Page 210
encouraged, permitted or allowed any resulting injury to or
interference with a service animal.

F. Notwithstanding any ordinance in effect as of the effective
date of this act, no municipality or political subdivision of the
state, or any official thereof, may enact or enforce any ordinance
or rule that requires any registration or licensing fee for any
service animal as defined in this section that is used for the
purpose of guiding or assisting a disabled person who has a sensory,
mental, or physical impairment. Any official violating the
provisions of this paragraph shall be guilty of a misdemeanor
punishable by a fine of not less than Fifty Dollars ($50.00).

G. As used in this section, “service animal” means an animal
that is trained for the purpose of guiding or assisting a disabled
person who has a sensory, mental, or physical impairment.

SECTION 181. AMENDATORY 21 O.S. 2021, Section 650.4, as
amended by Section 1, Chapter 140, O.S.L. 2023 (21 O.S. Supp. 2024,
Section 650.4), is amended to read as follows:

Section 650.4. A. Every person who, without justifiable or
excusable cause and with intent to do bodily harm, commits any
assault, battery or assault and battery upon the person of a medical
care provider who is performing medical care duties, upon
conviction, is guilty of a Class B6 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not exceeding two (2) years, or by a fine not exceeding One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

B. As used in this section, "medical care provider" means
doctors, residents, interns, nurses, nurses' aides, ambulance
attendants and operators, paramedics, emergency medical technicians,
laboratory technicians, radiologic technologists, physical
therapists, physician assistants, chaplains, volunteers,
pharmacists, nursing students, medical students, members of a
hospital security force, and any other employees working in or for a
health care facility or independent contractors in one of the listed
categories.

SECTION 182. AMENDATORY 21 O.S. 2021, Section 650.6, as
amended by Section 1, Chapter 136, O.S.L. 2023 (21 O.S. Supp. 2024,
Section 650.6), is amended to read as follows:

ENR. H. B. NO. 2104 Page 211
Section 650.6. A. Every person who commits any assault upon
any county commissioner, county clerk, county assessor, county
treasurer, or any officer of a state district or appellate court, or
the Workers' Compensation Court, including but not limited to
judges, bailiffs, court reporters, court clerks or deputy court
clerks, or upon any witnesses or juror, because of said person's
service in such capacity or within six (6) months of said person's
service in such capacity, shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, by a fine not to exceed One Thousand Dollars ($1,000.00),
or by both such imprisonment and fine.

B. Every person who commits any battery or assault and battery
upon any county commissioner, county clerk, county assessor, county
treasurer, or officer of a state district or appellate court, or the
Workers' Compensation Court, including but not limited to judges,
bailiffs, court reporters, court clerks or deputy court clerks, or
upon any witnesses or juror, because of said person's service in
such capacity or within six (6) months of said person's service in
such capacity, shall be guilty of a Class B6 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for not more than five (5) years, by a fine of not more
than Five Thousand Dollars ($5,000.00), or by both such imprisonment
and fine.

C. Every person who knowingly commits any assault, battery or
assault and battery upon a process server licensed in this state
while the person is in the performance of his or her duties shall,
upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one (1) year, by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine.

SECTION 183. AMENDATORY 21 O.S. 2021, Section 650.7, is
amended to read as follows:

Section 650.7. A. As used in this section, “school employee"
means a teacher, principal, or any duly appointed person employed by
a school system or employees of a firm contracting with a school
system for any purpose, including any personnel not directly related
to the teaching process and school board members during school board
meetings.

B. Any person who, without justifiable or excusable cause,
commits any assault, battery, or assault and battery upon the person
ENR. H. B. NO. 2104 Page 212
of a school employee while such employee is in the performance of
any duties as a school employee or upon any student while such
student is participating in any school activity or attending classes
on school property during school hours shall, upon conviction, be
guilty of a misdemeanor. The convicted person shall be punished by
a term of imprisonment in the county jail for a period not exceeding
one (1) year, or by a fine not exceeding Two Thousand Dollars
($2,000.00), or by both such fine and imprisonment.

C. Any person who, without justifiable or excusable cause,
commits any aggravated battery or aggravated assault and battery
upon the person of a school employee while such employee is in the
performance of any duties as a school employee shall, upon
conviction, be guilty of a Class B6 felony offense punishable by a
term of imprisonment in the State Penitentiary for a period not
exceeding two (2) years, or by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment.

D. Every school site shall post in a prominent place a notice
having the following or similar language: “FELONY CHARGES MAY BE
FILED AGAINST ANY PERSON(S) COMMITTING AN AGGRAVATED ASSAULT OR
BATTERY UPON ANY SCHOOL EMPLOYEE.”

E. For purposes of this section, “assault” shall be defined by
Section 641 of Title 21 of the Oklahoma Statutes, “battery” shall be
defined by Section 642 of Title 21 of the Oklahoma Statutes, and
“aggravated assault and battery” shall be defined by Section 646 of
Title 21 of the Oklahoma Statutes.

SECTION 184. AMENDATORY 21 O.S. 2021, Section 650.8, is
amended to read as follows:

Section 650.8. A. Every person who, without justifiable or
excusable cause, knowingly commits any assault, battery or assault
and battery upon the person of an employee of a facility maintained
by the Office of Juvenile Affairs, a facility maintained by a
private contractor pursuant to a contract with the Office of
Juvenile Affairs primarily for delinquent children, a juvenile
detention center, or a juvenile bureau, while the employee is in the
performance of his duties, shall upon conviction thereof be guilty
of a Class B6 felony offense.

B. This section shall not supersede any other act or acts, but
shall be cumulative thereto.

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SECTION 185. AMENDATORY 21 O.S. 2021, Section 650.9, is
amended to read as follows:

Section 650.9. Every person in the custody of the state, a
county or city or a contractor of the state, a county or a city who
throws, transfers or in any manner places feces, urine, semen,
saliva or blood upon the person of an employee of the state, a
county or a city or an employee of a contractor of the state, a
county or a city shall, upon conviction thereof, be guilty of a
Class B6 felony offense.

SECTION 186. AMENDATORY 21 O.S. 2021, Section 650.11, is
amended to read as follows:

Section 650.11. A. Medical battery is a Class B6 felony
offense, upon conviction, punishable by imprisonment in the county
jail for a term of not more than one (1) year, or imprisonment in
the custody of the Department of Corrections for a term of not more
than four (4) years, and a fine in an amount not more than Five
Thousand Dollars ($5,000.00). In addition, the defendant shall be
ordered to make restitution to the victim in an amount as determined
by the court.

B. For purposes of this section, “medical battery” means:

1. The defendant has been found guilty of practicing dentistry,
medicine, osteopathic medicine, or surgery, without a license or
authority as prohibited by the provisions of the State Dental Act,
the Oklahoma Allopathic Medical and Surgical Licensure and
Supervision Act, or the Oklahoma Osteopathic Medicine Act;

2. The treatment, or course of treatment, practiced in
violation of the provisions of the State Dental Act, the Oklahoma
Allopathic Medical and Surgical Licensure and Supervision Act, or
the Osteopathic Medicine Act resulted in the victim having permanent
physical injury or disfigurement;

3. The victim consented to such treatment, or course of
treatment, under a belief that the defendant was licensed and
authorized to diagnose and perform the treatment; and

4. The defendant willfully performed the act knowing that such
act was prohibited pursuant to law.

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SECTION 187. AMENDATORY 21 O.S. 2021, Section 852.1, is
amended to read as follows:

Section 852.1. A. A person who is the parent, guardian, or
person having custody or control over a child as defined in Section
1-1-105 of Title 10A of the Oklahoma Statutes, commits child
endangerment when the person:

1. Knowingly permits physical or sexual abuse of a child;

2. Knowingly permits a child to be present at a location where
a controlled dangerous substance is being manufactured or attempted
to be manufactured as defined in Section 2-101 of Title 63 of the
Oklahoma Statutes;

3. Knowingly permits a child to be present in a vehicle when
the person knows or should have known that the operator of the
vehicle is impaired by or is under the influence of alcohol or
another intoxicating substance; or

4. Is the driver, operator, or person in physical control of a
vehicle in violation of Section 11-902 of Title 47 of the Oklahoma
Statutes while transporting or having in the vehicle such child or
children.

However, it is an affirmative defense to this paragraph if the
person had a reasonable apprehension that any action to stop the
physical or sexual abuse or deny permission for the child to be in
the vehicle with an intoxicated person would result in substantial
bodily harm to the person or the child.

Nothing in this subsection shall prohibit the prosecution of a
person pursuant to the provisions of Section 11-902 or 11-904 of
Title 47 of the Oklahoma Statutes.

B. The provisions of this section shall not apply to any
parent, guardian or other person having custody or control of a
child for the sole reason that the parent, guardian or other person
in good faith selects and depends upon spiritual means or prayer for
the treatment or cure of disease or remedial care for such child.
This subsection shall in no way limit or modify the protections
afforded said child in Section 852 of this title or Section 1-4-904
of Title 10A of the Oklahoma Statutes.

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C. Any person convicted of violating any provision of this
section shall be guilty of a Class B6 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term of not more than four (4) years, or by a fine not exceeding
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment.

SECTION 188. AMENDATORY 21 O.S. 2021, Section 437, is
amended to read as follows:

Section 437. Any person who willfully by any means whatever,
assists any prisoner confined in any prison to escape therefrom, is
punishable as follows:

1. If such prisoner was confined upon a charge or conviction of
a felony, such person shall be guilty of a Class C1 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
ten (10) years as provided for in subsections B through E of Section
20L of this title.

2. If such prisoner was confined otherwise than upon a charge
or conviction of a felony, such person shall be guilty of a Class D3
felony offense punishable by imprisonment in the county jail not
exceeding one (1) year as provided for in subsections B through F of
Section 20P of this title, or by fine, not exceeding Five Hundred
Dollars ($500.00), or both.

SECTION 189. AMENDATORY 21 O.S. 2021, Section 438, is
amended to read as follows:

Section 438. Any person who carries or sends into any prison
anything useful to aid any prisoner in making his escape, with
intent thereby to facilitate the escape of any prisoner confined
therein, is punishable as follows:

1. If such prisoner was confined upon any charge or conviction
of felony, the person shall be guilty of a Class C1 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
ten (10) years as provided for in subsections B through E of Section
20L of this title.

2. If such prisoner was confined otherwise than upon a charge
or conviction of felony, the person shall be guilty of a Class D3
felony offense punishable by imprisonment in the county jail not
exceeding one (1) year as provided for in subsections B through F of
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Section 20P of this title, or by a fine of Five Hundred Dollars
($500.00), or both.

SECTION 190. AMENDATORY 21 O.S. 2021, Section 440, is
amended to read as follows:

Section 440. A. Any person who shall knowingly feed, lodge,
clothe, arm, equip in whole or in part, harbor, aid, assist or
conceal in any manner any person guilty of any felony, or outlaw, or
fugitive from justice, or any person seeking to escape arrest for
any felony committed within this state or any other state or
territory, shall be guilty of a Class C1 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a period not exceeding ten (10) years as provided for in subsections
B through E of Section 20L of this title.

B. It shall be unlawful for any person who has reason to
believe that a sex offender is in violation of the registration
requirements of the Sex Offenders Registration Act and who has the
intent to assist the sex offender in eluding arrest, to do any of
the following:

1. Withhold information from, or fail to notify, a law
enforcement agency about the noncompliance of the sex offender with
the registration requirements of the Sex Offenders Registration Act,
and, if known, the whereabouts of the offender;

2. Harbor, attempt to harbor, or assist another person in
harboring or attempting to harbor, the sex offender;

3. Conceal, or attempt to conceal, or assist another person in
concealing or attempting to conceal, the sex offender; or

4. Provide information to a law enforcement agency regarding
the sex offender that the person knows to be false information.

C. Any person convicted of violating the provisions of
subsection B of this section shall be guilty of a misdemeanor
punishable by a fine of not less than Five Hundred Dollars
($500.00), or by imprisonment in the county jail for a term not to
exceed one (1) year, or by both such fine and imprisonment.

SECTION 191. AMENDATORY 21 O.S. 2021, Section 455, is
amended to read as follows:

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Section 455. A. Every person who willfully prevents or
attempts to prevent any person from giving testimony or producing
any record, document or other object, who has been duly summoned or
subpoenaed or endorsed on the criminal information or juvenile
petition as a witness, or who makes a report of abuse or neglect
pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes or
Section 10-104 of Title 43A of the Oklahoma Statutes, or who is a
witness to any reported crime, or threatens or procures physical or
mental harm through force or fear with the intent to prevent any
witness from appearing in court to give his or her testimony or
produce any record, document or other object, or to alter his or her
testimony is, upon conviction, guilty of a Class C1 felony offense
punishable by not less than one (1) year nor more than ten (10)
years in the custody of the Department of Corrections by
imprisonment as provided for in subsections B through E of Section
20L of this title.

B. Every person who threatens physical harm through force or
fear or causes or procures physical harm to be done to any person or
harasses any person or causes a person to be harassed because of
testimony given by such person in any civil or criminal trial or
proceeding, or who makes a report of abuse or neglect pursuant to
Section 1-2-101 of Title 10A of the Oklahoma Statutes or Section 10-
104 of Title 43A of the Oklahoma Statutes, is, upon conviction,
guilty of a Class C1 felony offense punishable by not less than one
(1) year nor more than ten (10) years in the custody of the
Department of Corrections by imprisonment as provided for in
subsections B through E of Section 20L of this title.

SECTION 192. AMENDATORY 21 O.S. 2021, Section 540A, is
amended to read as follows:

Section 540A. A. Any operator of a motor vehicle who has
received a visual and audible signal, a red light and a siren from a
peace officer driving a motor vehicle showing the same to be an
official police, sheriff, highway patrol or state game ranger
vehicle directing the operator to bring the vehicle to a stop and
who willfully increases the speed or extinguishes the lights of the
vehicle in an attempt to elude such peace officer, or willfully
attempts in any other manner to elude the peace officer, or who does
elude such peace officer, is guilty of a misdemeanor. The peace
officer, while attempting to stop a violator of this section, may
communicate a request for the assistance of other peace officers
from any office, department or agency. Any peace officer within
this state having knowledge of such request is authorized to render
ENR. H. B. NO. 2104 Page 218
such assistance in stopping the violator and may effect an arrest
under this section upon probable cause. Violation of this
subsection shall constitute a misdemeanor and shall be punishable by
not more than one (1) year imprisonment in the county jail or by a
fine of not less than One Hundred Dollars ($100.00) nor more than
Two Thousand Dollars ($2,000.00) or by both such fine and
imprisonment. A second or subsequent violation of this subsection
shall be punishable by not more than one (1) year in the county jail
or by a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00) or both such fine and
imprisonment.

B. Any person who violates the provisions of subsection A of
this section in such manner as to endanger any other person shall be
deemed guilty of a Class C1 felony offense punishable by
imprisonment in the State Penitentiary for a term of not less than
one (1) year nor more than five (5) years as provided for in
subsections B through E of Section 20L of this title, or by a fine
of not less than One Thousand Dollars ($1,000.00) nor more than Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. 1. Any person who causes an accident, while eluding or
attempting to elude an officer, resulting in great bodily injury to
any other person while driving or operating a motor vehicle within
this state and who is in violation of the provisions of subsection A
of this section may be charged with a violation of the provisions of
this subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a Class C1
felony offense punishable by imprisonment in a state correctional
institution for not less than one (1) year and not more than five
(5) years, as provided for in subsections B through E of Section 20L
of this title, and a fine of not more than Five Thousand Dollars
($5,000.00).

2. As used in this subsection, “great bodily injury” means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.

SECTION 193. AMENDATORY 21 O.S. 2021, Section 662, is
amended to read as follows:

Section 662. Any person guilty of fighting any duel, although
no death or wound ensues, shall be guilty of a Class C1 felony
offense punishable by imprisonment in the State Penitentiary not
ENR. H. B. NO. 2104 Page 219
exceeding ten (10) years as provided for in subsections B through E
of Section 20L of this title.

SECTION 194. AMENDATORY 21 O.S. 2021, Section 843.4, is
amended to read as follows:

Section 843.4. A. As used in this section, “exploitation of an
elderly person or disabled adult” means:

1. Knowingly, by deception or intimidation, obtaining or using,
or endeavoring to obtain or use, an elderly person’s or disabled
adult’s funds, assets, or property with the intent to temporarily or
permanently deprive the elderly person or disabled adult of the use,
benefit, or possession of the funds, assets, or property, or to
benefit someone other than the elderly person or disabled adult, by
a person who:

a. stands in a position of trust and confidence with the
elderly person or disabled adult, or

b. has a business relationship with the elderly person or
disabled adult, or

2. Obtaining or using, endeavoring to obtain or use, or
conspiring with another to obtain or use an elderly person’s or
disabled adult’s funds, assets, or property with the intent to
temporarily or permanently deprive the elderly person or disabled
adult of the use, benefit, or possession of the funds, assets, or
property, or to benefit someone other than the elderly person or
disabled adult, by a person who knows or reasonably should know that
the elderly person or disabled adult lacks the capacity to consent.

B. 1. If the funds, assets, or property involved in the
exploitation of the elderly person or disabled adult are valued at
One Hundred Thousand Dollars ($100,000.00) or more, the violator
commits a Class C1 felony offense punishable by imprisonment in the
custody of the Department of Corrections for a term not more than
fifteen (15) years as provided for in subsections B through E of
Section 20L of this title, and by a fine in an amount not exceeding
Ten Thousand Dollars ($10,000.00).

2. If the funds, assets, or property involved in the
exploitation of the elderly person or disabled adult are valued at
less than One Hundred Thousand Dollars ($100,000.00), the violator
commits a Class C2 felony offense punishable by imprisonment in the
ENR. H. B. NO. 2104 Page 220
custody of the Department of Corrections for a term not more than
ten (10) years as provided for in subsections B through F of Section
20M of this title and by a fine in an amount not exceeding Ten
Thousand Dollars ($10,000.00).

C. For purposes of this section, “elderly person” means any
person sixty-two (62) years of age or older.

SECTION 195. AMENDATORY 21 O.S. 2021, Section 1404, is
amended to read as follows:

Section 1404. A. Any person who willfully and maliciously
attempts to set fire to or burn or attempts by use of any explosive
device or substance to destroy in whole or in part, or causes to be
burned or destroyed, or attempts to counsel or procure the burning
or destruction of any building or property mentioned in Sections
1401, 1402 or 1403 of this title shall be guilty of arson in the
fourth degree, a Class C2 felony offense, and upon conviction
thereof shall be punished by a fine not to exceed Five Thousand
Dollars ($5,000.00), or be confined in the State Penitentiary for
not more than ten (10) years as provided for in subsections B
through F of Section 20M of this title, or both.

B. The placing or distributing of any flammable, explosive or
combustible material or substance or any device in any building or
property mentioned in Sections 1401, 1402 or 1403 of this title, in
an arrangement or preparation with intent to eventually willfully
and maliciously set fire to or burn or to procure the setting fire
to or burning of same, shall for the purposes of this section
constitute an attempt to burn such building or property, and shall
be guilty of arson in the fourth degree, a Class C1 felony offense,
and upon conviction thereof shall be punished by a fine not to
exceed Five Thousand Dollars ($5,000.00), or be confined in the
State Penitentiary for not more than ten (10) years as provided for
in subsections B through E of Section 20L of this title, or both.

C. Arson in the fourth degree is a felony.

SECTION 196. AMENDATORY 21 O.S. 2021, Section 1435, as
amended by Section 1, Chapter 245, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 1435), is amended to read as follows:

Section 1435. A. Every person who breaks and enters the
dwelling house of another, in which there is at the time no human
being present, or any commercial building or any part of any
ENR. H. B. NO. 2104 Page 221
building, room, booth, tent, railroad car or other structure or
erection in which any property is kept or breaks into or forcibly
opens, any coin-operated or vending machine or device with intent to
steal any property therein or to commit any felony, is guilty of
burglary in the second degree, a Class C1 felony offense, punishable
by imprisonment as provided for in subsections B through E of
Section 20L of this title.

B. Every person who breaks and enters, climbs under, or uses
any jack stands or any other item to raise any automobile, truck,
trailer or vessel of another, in which any property is kept, with
intent to:

1. Steal any property therein;

2. Steal any property attached thereto; or

3. Commit any felony,

is guilty of burglary in the third degree, a Class D1 felony
offense, punishable by imprisonment as provided for in subsections B
through F of Section 20N of this title.

C. As used in subsection B of this section, the term "property
attached thereto" includes, but is not limited to, tires, wheels,
and catalytic converters.

SECTION 197. AMENDATORY 21 O.S. 2021, Section 1708, is
amended to read as follows:

Section 1708. When it appears upon such trial, that such
larceny was committed by stealing in the night time, from the person
of another, the offender shall be guilty of a Class C1 felony
offense punishable by imprisonment in the State Penitentiary not
exceeding ten (10) years as provided for in subsections B through E
of Section 20L of this title.

SECTION 198. AMENDATORY 47 O.S. 2021, Section 6-302, is
amended to read as follows:

Section 6-302. Any person who makes any false affidavit, or
knowingly swears or affirms falsely to any matter or thing required
by the terms of this chapter to be sworn to or affirmed, is guilty
of perjury, a Class C1 felony offense, and upon conviction shall be
punishable by fine or imprisonment as other persons committing
ENR. H. B. NO. 2104 Page 222
perjury are punishable as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes.

SECTION 199. AMENDATORY 63 O.S. 2021, Section 2-503.1f,
is amended to read as follows:

Section 2-503.1f. A. No person shall, for the purpose of
evading the reporting requirements set forth in 31 U.S.C., Section
5311, 31 C.F.R., Part 103, Title 6 or Sections 2-101 through 2-608
of Title 63 of the Oklahoma Statutes, or other federal laws
pertaining to money laundering:

1. Cause or attempt to cause the failure to file a report
required under Title 6 or Title 63 of the Oklahoma Statutes, or
federal monetary reporting requirements under law; or

2. Cause or attempt to cause the filing of a report required
under Title 6 or Title 63 of the Oklahoma Statutes, or federal
monetary reporting requirements under law, that contains a material
omission or misstatement of fact.

B. Any person convicted of violating the provisions of this
section shall be guilty of a Class C1 felony offense punishable by
imprisonment as provided for in subsections B through E of Section
20L of Title 21 of the Oklahoma Statutes.

SECTION 200. AMENDATORY 2 O.S. 2021, Section 11-10, is
amended to read as follows:

Section 11-10. A. 1. Except for necessary repairs to
anhydrous ammonia equipment conducted by a registered distributor,
supplier, dealer, or the owner of the equipment or designee of the
owner, it shall be unlawful for any person to tamper with or attempt
to tamper with any anhydrous ammonia pipeline, equipment, container,
or storage device.

2. Any person violating this provision shall, upon conviction
thereof, be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary for a term not exceeding five
(5) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, by a fine of not more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.

ENR. H. B. NO. 2104 Page 223
B. Theft or attempted theft of any amount of anhydrous ammonia
shall be a Class C2 felony offense punishable, upon conviction
thereof, by imprisonment for not less than two (2) years nor more
than ten (10) years in the State Penitentiary as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, by a fine not exceeding Twenty-five Thousand Dollars
($25,000.00), or by both such fine and imprisonment.

C. Any person who commits or attempts theft of anhydrous
ammonia or who unlawfully tampers with or attempts to unlawfully
tamper with any anhydrous ammonia pipeline, equipment, container, or
storage device, and as a result of unlawful conduct is injured shall
be barred from commencing any civil action against the following
persons:

1. Any owners of anhydrous ammonia or anhydrous ammonia
pipeline, equipment, containers, or storage devices;

2. Any persons responsible for the installation, repair, or
operation of anhydrous ammonia pipeline, equipment, containers, or
storage devices;

3. Any person lawfully selling, transporting, transferring, or
delivering anhydrous ammonia or anhydrous ammonia equipment,
containers, or storage devices;

4. Any persons purchasing or storing anhydrous ammonia for
agricultural purposes; or

5. Any persons operating anhydrous ammonia equipment or
pipeline or using anhydrous ammonia for agricultural purposes.

D. For purposes of this section, “tampering” means any
unauthorized adjustment, opening, removal, transfer, alteration,
change, or interference with any part of the anhydrous ammonia
pipeline, equipment, container, or storage device.

SECTION 201. AMENDATORY 4 O.S. 2021, Section 268, is
amended to read as follows:

Section 268. A. Any person who shall with intent to defraud,
brand or misbrand, mark or mismark any neat domestic animal, not his
own; or shall intentionally brand over a previous brand or shall cut
out or obliterate a previous mark or brand on any neat domestic
animal, not his own, shall be guilty of a Class C2 felony offense
ENR. H. B. NO. 2104 Page 224
and upon conviction thereof shall be punished by imprisonment in the
State Penitentiary for a term not less than three (3) years nor more
than ten (10) years or by imprisonment in the county jail for one
(1) year or by a fine not less than Five Hundred Dollars ($500.00)
nor more than One Thousand Dollars ($1,000.00).

B. For purposes of this section:

1. “Domestic animal” means cattle, equinae, sheep, goat, hog,
poultry and exotic livestock; and

2. “Exotic livestock” means commercially raised exotic
livestock including animals of the families bovidae, cervidae and
antilocapridae or birds of the ratite group.

SECTION 202. AMENDATORY 17 O.S. 2021, Section 6.1, is
amended to read as follows:

Section 6.1. A. Any person who has been determined by the
Commission to have violated any provision of any rule, regulation or
order issued pursuant to the provisions of the Commission related to
pipeline safety shall be liable for a civil penalty of not more than
Two Hundred Thousand Dollars ($200,000.00) for each day that the
violation continues. The maximum civil penalty shall not exceed Two
Million Dollars ($2,000,000.00) for any related series of
violations.

B. The amount of the penalty shall be assessed by the
Commission pursuant to the provisions of subsection A of this
section, after notice and hearing. In determining the amount of the
penalty, the Commission shall include but not be limited to
consideration of the nature, circumstances and gravity of the
violation and, with respect to the person found to have committed
the violation, the degree of culpability, the effect on ability of
the person to continue to do business, and any show of good faith in
attempting to achieve compliance with the provisions of the rules
and regulations of the Commission.

All penalties collected pursuant to the provisions of this
section shall be deposited into the Pipeline Enforcement Fund.

C. Any person who willfully and knowingly injures or destroys,
or attempts to injure or destroy, any pipeline transportation
system, upon conviction, shall be guilty of a Class C2 felony
offense and shall be subject for each offense to a fine of not more
ENR. H. B. NO. 2104 Page 225
than Twenty-five Thousand Dollars ($25,000.00), or imprisonment for
a term not to exceed fifteen (15) years, or both such fine and
imprisonment.

SECTION 203. AMENDATORY 19 O.S. 2021, Section 641, is
amended to read as follows:

Section 641. If any county treasurer or other officer or person
charged with the collection, receipt, safekeeping, transfer or
disbursement of the public money, or any part thereof, belonging to
the state or to any county, precinct, district, city, town or school
district of the state shall convert to the officer’s or person’s own
use or to the use of any other person, body corporate or other
association, in any way whatever, any of such public money, or any
other funds, property, bonds, securities, assets or effects of any
kind received, controlled or held by such officer or person by
virtue of such office or public trust for safekeeping, transfer or
disbursement, or in any other way or manner, or for any other
purpose; or shall use the same by way of investment in any kind of
security, stocks, loan property, land or merchandise, or in any
other manner or form whatever; or shall loan the same, with or
without interest, to any person, firm or corporation, except when
authorized by law; or if any person shall advise, aid, or in any
manner knowingly participate in such act, such county treasurer, or
other officer or person shall be guilty of an embezzlement. Upon
conviction thereof, such county treasurer or other officer or person
shall be guilty of a Class C2 felony offense and shall be punished
by imprisonment as provided for in subsection C of Section 1451 of
Title 21 of the Oklahoma Statutes subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes.

SECTION 204. AMENDATORY 21 O.S. 2021, Section 265, is
amended to read as follows:

Section 265. Any person who gives or offers any bribe to any
executive officer, with intent to influence him in respect to any
act, decision, vote, opinion, or other proceedings of such officer,
shall be guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary, not exceeding ten (10) years
as provided for in subsections B through F of Section 20M of this
title, or by a fine not exceeding Five Thousand Dollars
($5,000.00);, or both.

SECTION 205. AMENDATORY 21 O.S. 2021, Section 266, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 226

Section 266. Any executive officer or person elected or
appointed to executive office who asks, receives or agrees to
receive any bribe upon any agreement or understanding that his vote,
opinion or action upon any matter then pending, or which may by law
be brought before him in his official capacity, shall be influenced
thereby, shall be guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years
as provided for in subsections B through F of Section 20M of this
title, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or both; and in addition thereto, any such person forfeits office
and is forever disqualified from holding any public office under the
laws of the state.

SECTION 206. AMENDATORY 21 O.S. 2021, Section 282, is
amended to read as follows:

Section 282. A. It shall be unlawful for any person or group
of persons to:

1. Willfully and knowingly enter or remain in any posted,
cordoned off, or otherwise restricted area of a building or grounds
where the Governor, any member of the immediate family of the
Governor, the Lieutenant Governor, or other state official being
provided protection by the Department of Public Safety is or will be
temporarily visiting;

2. Willfully and knowingly enter or remain in any posted,
cordoned off, or otherwise restricted area of a building or grounds
the use of which is restricted in conjunction with an event
designated as a special event of national or state significance;

3. Willfully and knowingly, enter with the intent to impede or
to disrupt the orderly conduct of government business or official
functions in or within close proximity to any building or grounds,
as described in paragraph 1 or 2 of this subsection, or to engage in
disorderly or disruptive conduct in or within close proximity to any
building or grounds, as described in paragraph 1 or 2 of this
subsection, which results in the impeding or disruption of the
orderly conduct of government business or official functions;

4. Willfully and knowingly obstruct or to impede ingress or
egress to or from any building or grounds, as described in paragraph
1 or 2 of this subsection; or

ENR. H. B. NO. 2104 Page 227
5. Willfully and knowingly engage in any act or acts of
physical violence against any person or property in any building or
grounds, as described in paragraph 1 or 2 of this subsection.

B. Violation of this section and attempts or conspiracies to
commit such violations shall, upon conviction, be punishable by:

1. A Class C2 felony offense punishable by a fine of One
Thousand Dollars ($1,000.00), or imprisonment for not more than ten
(10) years with the Department of Corrections as provided for in
subsections B through F of Section 20M of this title, or by both
fine and imprisonment, if:

a. the person, during and in relation to the offense,
uses or carries a deadly or dangerous weapon or
firearm, or

b. the offense results in great bodily injury, as defined
by Section 646 of Title 21 of the Oklahoma Statutes
this title, to any other person; or

2. A Class D3 felony offense punishable by a fine of Five
Hundred Dollars ($500.00), or imprisonment in the county jail for
not more than one (1) year as provided for in subsections B through
F of Section 20P of this title, or by both fine and imprisonment, in
any other case.

C. Violation of this section, and attempts or conspiracies to
commit such violations, shall be prosecuted by the district attorney
in the district court having jurisdiction of the place where the
offense occurred.

D. As used in this section, the term "other person for whom the
Oklahoma Highway Patrol Division of the Department of Public Safety
is charged with providing protection" means any person the Oklahoma
Highway Patrol - Executive Security Division is authorized to
protect pursuant to Section 2-101 or Section 2-105.3a of Title 47 of
the Oklahoma Statutes when the person has not declined protection.

SECTION 207. AMENDATORY 21 O.S. 2021, Section 301, is
amended to read as follows:

Section 301. Any person who willfully and by force or fraud
prevents the State Legislature or either of the houses composing it,
or any of the members thereof, from meeting or organizing shall be
ENR. H. B. NO. 2104 Page 228
guilty of a Class C2 felony offense punishable by imprisonment in
the State Penitentiary not less than five (5) years nor more than
ten (10) years as provided for in subsections B through F of Section
20M of this title, or by a fine of not less than Five Hundred
Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00), or
both.

SECTION 208. AMENDATORY 21 O.S. 2021, Section 303, is
amended to read as follows:

Section 303. Every person who willfully and by force or fraud
compels or attempts to compel the State Legislature, or either of
the houses composing it, to adjourn or disperse shall be guilty of a
Class C2 felony offense punishable by imprisonment in the State
Penitentiary not less than five (5) years nor more than ten (10)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine of not less than Five Hundred Dollars
($500.00), nor more than Two Thousand Dollars ($2,000.00), or both.

SECTION 209. AMENDATORY 21 O.S. 2021, Section 305, is
amended to read as follows:

Section 305. Any person who willfully compels or attempts to
compel either of the houses composing the Legislature to pass, amend
or reject any bill or resolution, or to grant or refuse any
petition, or to perform or omit to perform any other official act,
shall be guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary not less than five (5) years
nor more than ten (10) years as provided for in subsections B
through F of Section 20M of this title, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Two Thousand
Dollars ($2,000.00), or both.

SECTION 210. AMENDATORY 21 O.S. 2021, Section 308, is
amended to read as follows:

Section 308. Any person who gives or offers to give a bribe to
any member of the Legislature, or attempts directly or indirectly,
by menace, deceit, suppression of truth or any other corrupt means,
to influence a member in giving or withholding his vote, or in not
attending the house of which he is a member, or any committee
thereof, shall be guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years
as provided for in subsections B through F of Section 20M of this
ENR. H. B. NO. 2104 Page 229
title, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or both.

SECTION 211. AMENDATORY 21 O.S. 2021, Section 309, is
amended to read as follows:

Section 309. Any member of either of the houses composing the
Legislature, who asks, receives or agrees to receive any bribe upon
any understanding that his official vote, opinion, judgment or
action shall be influenced thereby, or shall be given in any manner
or upon any particular side of any question or matter upon which he
may be required to act in his official capacity, or who gives, or
offers or promises to give any official vote in consideration that
another member of the Legislature shall give any such vote, either
upon the same or another question, is guilty of a Class C2 felony
offense punishable by imprisonment in the State Penitentiary not
exceeding ten (10) years as provided for in subsections B through F
of Section 20M of this title, or by a fine not exceeding Five
Thousand Dollars ($5,000.00), or both.

SECTION 212. AMENDATORY 21 O.S. 2021, Section 350, is
amended to read as follows:

Section 350. Any person who enters any fort, magazine, arsenal,
armory, arsenal yard or encampment and seizes or takes away any
arms, ammunition, military stores or supplies belonging to the
people of this state, and every person who enters any such place
with intent so to do, shall be guilty of a Class C2 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
ten (10) years as provided for in subsections B through F of Section
20M of this title.

SECTION 213. AMENDATORY 21 O.S. 2021, Section 374, is
amended to read as follows:

Section 374. Any person in this state, who shall carry or cause
to be carried, or publicly display any red flag or other emblem or
banner, indicating disloyalty to the Government of the United States
or a belief in anarchy or other political doctrines or beliefs,
whose objects are either the disruption or destruction of organized
government, or the defiance of the laws of the United States or of
the State of Oklahoma, shall be deemed guilty of a Class C2 felony
offense, and upon conviction shall be punished by imprisonment in
the Penitentiary of the State of Oklahoma for a term not exceeding
ten (10) years as provided for in subsections B through F of Section
ENR. H. B. NO. 2104 Page 230
20M of this title, or by a fine not exceeding One Thousand Dollars
($1,000.00) or by both such imprisonment and fine.

SECTION 214. AMENDATORY 21 O.S. 2021, Section 380, is
amended to read as follows:

Section 380. A. Any fiduciary who, with a corrupt intent and
without the consent of his beneficiary, intentionally or knowingly
solicits, accepts, or agrees to accept any bribe from another person
with the agreement or understanding that the bribe as defined by law
will influence the conduct of the fiduciary in relation to the
affairs of his beneficiary, upon conviction, is guilty of a Class C2
felony offense punishable by imprisonment in a state correctional
institution for a term not more than ten (10) years as provided for
in subsections B through F of Section 20M of this title, or by a
fine not to exceed Five Thousand Dollars ($5,000.00) or an amount
fixed by the court not to exceed twice the value of the benefit
gained from the bribe, or by both said imprisonment and fine.

B. Any person who offers, confers, or agrees to confer any
bribe the acceptance of which is an offense pursuant to the
provisions of subsection A of this section, upon conviction, is
guilty of a Class C2 felony offense punishable by imprisonment in a
state correctional institution for a term not more than ten (10)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine not to exceed Five Thousand Dollars
($5,000.00), or both.

C. As used in subsection A of this section:

1. “Beneficiary” means any person for whom a fiduciary is
acting;

2. “Fiduciary” means:

a. an agent or employee, or

b. a trustee, guardian, custodian, administrator,
executor, conservator, receiver, or similar fiduciary,
or

c. a lawyer, physician, accountant, appraiser, or other
professional advisor, or

ENR. H. B. NO. 2104 Page 231
d. an officer, director, partner, manager, or other
participant in the direction of the affairs of a
corporation or association.

SECTION 215. AMENDATORY 21 O.S. 2021, Section 380.1, is
amended to read as follows:

Section 380.1. A person commits the offense of commercial
bribery involving an insured depository institution or credit union
when the person gives, offers, promises, confers or agrees to confer
any benefit to any employee, agent or fiduciary without the consent
of the employer or principal and with intent to influence such
person’s conduct in relation to the affairs of the employer or
principal.

Any person convicted of commercial bribery involving an insured
depository institution shall be guilty of a misdemeanor punishable
by imprisonment in the county jail for a term not more than one (1)
year; or, if there was intent to defraud, the violator, upon
conviction, shall be guilty of a Class C2 felony offense punishable
by imprisonment in the Department of Corrections for a term not more
than ten (10) years as provided for in subsections B through F of
Section 20M of this title.

SECTION 216. AMENDATORY 21 O.S. 2021, Section 382, is
amended to read as follows:

Section 382. Every executive, legislative, county, municipal,
judicial, or other public officer, or any employee of the State of
Oklahoma or any political subdivision thereof, including peace
officers and any other law enforcement officer, or any person
assuming to act as such officer, who corruptly accepts or requests a
gift or gratuity, or a promise to make a gift, or a promise to do an
act beneficial to such officer, or that judgment shall be given in
any particular manner, or upon a particular side of any question,
cause or proceeding, which is or may be by law brought before him in
his official capacity, or as a consideration for any speech, work,
or service in connection therewith, or that in such capacity he
shall make any particular nomination or appointment, shall forfeit
his office, be forever disqualified to hold any public office,
trust, or appointment under the laws of this state, and be guilty of
a Class C2 felony offense punishable by imprisonment in the State
Penitentiary not exceeding ten (10) years as provided for in
subsections B through F of Section 20M of this title, or by a fine
ENR. H. B. NO. 2104 Page 232
not exceeding Five Thousand Dollars ($5,000.00) and imprisonment in
jail not exceeding one (1) year.

SECTION 217. AMENDATORY 21 O.S. 2021, Section 383, is
amended to read as follows:

Section 383. Any person who gives or offers to give a bribe to
any judicial officer, juror, referee, arbitrator, umpire or
assessor, or to any person who may be authorized by law or agreement
of parties interested to hear or determine any question or
controversy, with intent to influence his vote, opinion or decision
upon any matter or question which is or may be brought before him
for decision, is guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years
as provided for in subsections B through F of Section 20M of this
title, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or both.

SECTION 218. AMENDATORY 21 O.S. 2021, Section 388, is
amended to read as follows:

Section 388. Every person who attempts to influence a juror, or
any person summoned or drawn as a juror, or chosen as arbitrator or
appointed a referee, in respect to his or her verdict, or decision
of any cause or matter pending, or about to be brought before him or
her, either:

1. By means of any communication oral or written had with him
or her, except in the regular course of proceedings upon the trial
of the cause;

2. By means of any book, paper, or instrument, exhibited
otherwise than in the regular course of proceedings, upon the trial
of the cause;

3. By means of any threat or intimidation; or

4. By means of any assurance or promise of any pecuniary or
other advantage,

is guilty of a Class C2 felony offense punishable by a fine not to
exceed Five Thousand Dollars ($5,000.00), or by imprisonment in the
State Penitentiary not to exceed ten (10) years as provided for in
subsections B through F of Section 20M of this title, or by both
such fine and imprisonment.
ENR. H. B. NO. 2104 Page 233

SECTION 219. AMENDATORY 21 O.S. 2021, Section 421, is
amended to read as follows:

Section 421. A. If two or more persons conspire, either:

1. To commit any crime; or

2. Falsely and maliciously to indict another for any crime, or
to procure another to be charged or arrested for any crime; or

3. Falsely to move or maintain any suit, action or proceeding;
or

4. To cheat and defraud any person of any property by any means
which are in themselves criminal, or by any means which, if
executed, would amount to a cheat or to obtaining money or property
by false pretenses; or

5. To commit any act injurious to the public health, to public
morals, or to trade or commerce, or for the perversion or
obstruction of justice or the due administration of the laws,

they are guilty of a conspiracy.

B. Except in cases where a different punishment is prescribed
by law the punishment for conspiracy shall be a misdemeanor unless
the conspiracy is to commit a felony.

C. Conspiracy to commit a felony shall be a Class C2 felony
offense and is punishable by payment of a fine not exceeding Five
Thousand Dollars ($5,000.00), or by imprisonment in the State
Penitentiary for a period not exceeding ten (10) years as provided
for in subsections B through F of Section 20M of this title, or by
both such fine and imprisonment.

SECTION 220. AMENDATORY 21 O.S. 2021, Section 422, is
amended to read as follows:

Section 422. If two or more persons, being out of this state,
conspire to commit any act against the peace of this state, the
commission or attempted commission of which, within this state,
would be treason against the state, they shall be guilty of a Class
C2 felony offense punishable by imprisonment in the State
ENR. H. B. NO. 2104 Page 234
Penitentiary not exceeding ten (10) years as provided for in
subsections B through F of Section 20M of this title.

SECTION 221. AMENDATORY 21 O.S. 2021, Section 424, is
amended to read as follows:

Section 424. If two or more persons conspire either to commit
any offense against the State of Oklahoma, any county, school
district, municipality or subdivision thereof, or to defraud the
State of Oklahoma, any county, school district, municipality or
subdivision thereof, in any manner or for any purpose, and if one or
more of such parties do any act to effect the object of the
conspiracy, all the parties to such conspiracy shall be guilty of a
Class C2 felony offense punishable by a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), or imprisonment for not
more than ten (10) years as provided for in subsections B through F
of Section 20M of this title, or by both such fine and imprisonment.

SECTION 222. AMENDATORY 21 O.S. 2021, Section 540B, is
amended to read as follows:

Section 540B. A peace officer may set up one or more roadblocks
to apprehend any person riding upon or within a motor vehicle
traveling upon a highway, street, turnpike, or area accessible to
motoring public, when the officer has probable cause to believe such
person is committing or has committed:

1. A violation of Section 540A of this title;

2. Escape from the lawful custody of any peace officer;

3. A felony under the laws of this state or the laws of any
other jurisdiction.

A roadblock is defined as a barricade, sign, standing motor
vehicle, or similar obstacle temporarily placed upon or adjacent to
a public street, highway, turnpike or area accessible to the
motoring public, with one or more peace officers in attendance
thereof directing each operator of approaching motor vehicles to
stop or proceed.

Any operator of a motor vehicle approaching such roadblock has a
duty to stop at the roadblock unless directed otherwise by a peace
officer in attendance thereof and the willful violation hereof shall
constitute a separate offense from any other offense committed. Any
ENR. H. B. NO. 2104 Page 235
person who willfully attempts to avoid such roadblock or in any
manner willfully fails to stop at such roadblock or who willfully
passes by or through such roadblock without receiving permission
from a peace officer in attendance thereto is guilty of a Class C2
felony offense and shall be punished by imprisonment in the State
Penitentiary for not less than one (1) year, nor more than five (5)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.

SECTION 223. AMENDATORY 21 O.S. 2021, Section 578, is
amended to read as follows:

Section 578. Any person who fraudulently produces an infant,
falsely pretending it to have been born of any parent whose child
would be entitled to inherit any real estate or to receive a share
of any personal estate, with intent to intercept the inheritance of
any such real estate, or the distribution of any such personal
estate, from any person lawfully entitled thereto, shall be guilty
of a Class C2 felony offense punishable by imprisonment in the State
Penitentiary not exceeding ten (10) years as provided for in
subsections B through F of Section 20M of this title.

SECTION 224. AMENDATORY 21 O.S. 2021, Section 752, is
amended to read as follows:

Section 752. Every person who with design to disable himself
from performance of any legal duty, existing or anticipated,
inflicts upon himself any injury whereby he is so disabled, is
guilty of maiming, a Class C2 felony offense.

SECTION 225. AMENDATORY 21 O.S. 2021, Section 759, is
amended to read as follows:

Section 759. Any person guilty of maiming another, as defined
in Section 751 of this title, shall be guilty of a Class C2 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not exceeding life as provided for in subsections B
through F of Section 20M of this title, or by a fine not exceeding
One Thousand Dollars ($1,000.00), or both such fine and
imprisonment.

SECTION 226. AMENDATORY 21 O.S. 2021, Section 941, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 236
Section 941. Except as provided in the Oklahoma Charity Games
Act, every person who opens, or causes to be opened, or who
conducts, whether for hire or not, or carries on either poker,
roulette, craps or any banking or percentage, or any gambling game
played with dice, cards or any device, for money, checks, credits,
or any representatives of value, or who either as owner or employee,
whether for hire or not, deals for those engaged in any such game,
shall be guilty of a Class C2 felony offense, and upon conviction
thereof, shall be punished by a fine of not less than Five Hundred
Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00),
and by imprisonment in the State Penitentiary for a term of not less
than one (1) year nor more than ten (10) years as provided for in
subsections B through F of Section 20M of this title.

SECTION 227. AMENDATORY 21 O.S. 2021, Section 946, is
amended to read as follows:

Section 946. Any house, room or place where any of the games
prohibited by Section 941 of this title are opened, conducted or
carried on, or where persons congregate to play at any such games is
a public nuisance and the keepers and managers of any such nuisance,
and persons aiding or assisting any such keepers or managers in
keeping or managing any such nuisance shall be guilty of a Class C2
felony offense and, upon conviction, shall be punished by a fine of
not less than Five Hundred Dollars ($500.00) nor more than Ten
Thousand Dollars ($10,000.00), or by imprisonment in the State
Penitentiary for a term of not less than one (1) year nor more than
ten (10) years as provided for in subsections B through F of Section
20M of this title.

SECTION 228. AMENDATORY 21 O.S. 2021, Section 948, is
amended to read as follows:

Section 948. Any state, district, city, town, county or
township officer who shall engage or participate in, or who shall
assist or encourage any other person or persons in any kind of
illegal gambling, whether the same be by cards, dice, dominoes,
billiards or any game of chance or a gambling device, by betting
money, property or other things of value in such game of chance, or
gambling device, such officer shall be deemed guilty of a Class C2
felony offense, and upon conviction shall be punished by a fine of
not less than Five Hundred Dollars ($500.00) nor more than Ten
Thousand Dollars ($10,000.00), or by imprisonment in the State
Penitentiary for a term of not less than one (1) year nor more than
ten (10) years as provided for in subsections B through F of Section
ENR. H. B. NO. 2104 Page 237
20M of this title, and such judgment of conviction shall carry with
it an immediate removal from office and a disqualification to hold
any office of profit or trust in the State of Oklahoma.

SECTION 229. AMENDATORY 21 O.S. 2021, Section 982, is
amended to read as follows:

Section 982. A. Commercial gambling is:

1. Operating or receiving all or part of the earnings of a
gambling place;

2. Receiving, recording or forwarding bets or offers to bet or,
with intent to receive, record or forward bets or offers to bet,
possessing facilities to do so;

3. For gain, becoming a custodian of anything of value bet or
offered to be bet;

4. Conducting a lottery or with intent to conduct a lottery
possessing facilities to do so;

5. Setting up for use or collecting the proceeds of any
gambling device; or

6. Alone or with others, owning, controlling, managing or
financing a gambling business.

B. Any person found guilty of commercial gambling shall be
guilty of a Class C2 felony offense and punished by imprisonment for
not more than ten (10) years as provided for in subsections B
through F of Section 20M of this title, or a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), or by both such fine and
imprisonment.

SECTION 230. AMENDATORY 21 O.S. 2021, Section 991, is
amended to read as follows:

Section 991. A. Except as provided for in the Oklahoma Horse
Racing Act, it shall be unlawful for any person, association, or
corporation:

1. To bet or wager upon the result of any trial of speed or
power of endurance of animals or beasts; or

ENR. H. B. NO. 2104 Page 238
2. To occupy any room, shed, tenement or building, or any part
thereof, or to occupy any place upon any grounds with books,
apparatus, or paraphernalia for the purpose of recording or
registering bets or wagers or of selling pools, or making books or
mutuals upon the result of any trial of speed or power of endurance
of animals or beasts; or

3. Being the owner or lessee or occupant of any room, tent,
tenement, shed, booth, or building, or part thereof at any place
knowingly to permit the same to be used or occupied to keep,
exhibit, or employ any device or apparatus for the purpose of
recording or registering such bets or wagers or the selling or
making of such books, pools or mutuals, or to become the custodian
or depository for gain, hire or reward of any money, property or
thing of value, bet or wagered or to be wagered or bet upon the
result of any trial of speed or power of endurance of animals or
beasts; or

4. To receive, register, record, forward or purport or pretend
to forward to or for any racetrack within or without this state, any
money, thing or consideration of value offered for the purpose of
being bet or wagered upon the result of any trial of speed or power
of endurance of any animal or beast; or

5. To occupy any place, or building or part thereof with books,
papers, apparatus, or paraphernalia for the purpose of receiving or
pretending to receive or for recording or for registering or for
forwarding or pretending or attempting to forward in any manner
whatever, any money, thing or consideration of value, bet or wagered
or to be bet or wagered by any person, or to receive or offer to
receive any money, thing, or consideration of value bet or to be bet
upon the result of any trial of speed or power of endurance of any
animal or beast; or

6. To aid or assist or abet at any racetrack or other place in
any manner in any of the acts forbidden by this section.

B. Any person, association, or corporation convicted of
violating the provisions of paragraph 1 of subsection A of this
section shall be guilty of a Class D3 felony offense and shall be
fined not less than Two Hundred Dollars ($200.00) nor more than Five
Hundred Dollars ($500.00) and be imprisoned not more than ninety
(90) days as provided for in subsections B through F of Section 20P
of this title. Any person, association, or corporation convicted of
violating any provision of paragraphs 2, 3, 4, 5 or 6 of subsection
ENR. H. B. NO. 2104 Page 239
A of this section shall be guilty of a Class C2 felony offense and
shall be fined not more than Ten Thousand Dollars ($10,000.00), or
be imprisoned for a period of not more than ten (10) years as
provided for in subsections B through F of Section 20M of this
title, or both said fine and imprisonment.

C. Any personal property used for the purpose of violating any
of the provisions of this section shall be disposed of as provided
for in Section 1261 of Title 22 of the Oklahoma Statutes.

SECTION 231. AMENDATORY 21 O.S. 2021, Section 996.3, is
amended to read as follows:

Section 996.3. A. It is unlawful for any person to use the
term "prize" or "gift" or other similar term in any manner that
would be untrue or misleading.

B. It is unlawful to notify any person by any means, as a part
of an advertising plan or program, that the person has won a prize
and that as a condition of receiving such prize the person must pay
any money or rent any goods or services.

C. It is unlawful to notify any person by any means that the
person will receive a gift and that as a condition of receiving the
gift the person must pay any money, or purchase, lease or rent any
goods or services, if any one or more of the following exists:

1. The shipping charge, depending on the method of shipping
used, exceeds:

a. the average cost of postage or the average charge of a
delivery service in the business of delivering goods
of like size, weight, and kind for shippers other than
the offeror of the gift for the geographic area in
which the gift is being distributed, or

b. the exact amount for shipping paid to an independent
supplier, who is in the business of shipping goods for
shippers other than the offeror of the gift.

2. The handling charge:

a. is not reasonable, or

b. exceeds the actual cost of handling, or
ENR. H. B. NO. 2104 Page 240

c. exceeds the greater of Three Dollars ($3.00) in any
transaction or eighty percent (80%) of the actual cost
of the gift item to the offeror or its agent, or

d. in the case of a merchandise retailer, exceeds the
actual amount for handling paid to an independent
supplier, who is in the business of handling goods for
businesses other than the offeror of the gift.

3. Any goods or services which must be purchased or leased by
the offeree of the gift in order to obtain the gift could have been
purchased through the same marketing channel in which the gift was
offered for a lower price without the gift items at or proximate to
the time the gift was offered.

4. The majority of the gift offeror's sales or leases within
the preceding year, through the marketing channel in which the gift
is offered or through in-person sales at retail outlets, of the type
of goods or services which must be purchased or leased in order to
obtain the gift item was made in conjunction with the offer of a
gift. This paragraph does not apply to a gift offer made by a
retail merchant in conjunction with the sale or lease through mail
order of goods or services if:

a. the goods or services are of a type unlike any other
type of goods or services sold or leased by the retail
merchant at any time during the period beginning six
(6) months before and continuing six (6) months after
the gift offer,

b. the gift offer does not extend for a period more than
two (2) months, and

c. the gift offer is not untrue or misleading in any
manner.

5. The gift offeror represents that the offeree has been
specially selected in any manner unless the representation is true.

D. The provisions of subsection C of this section shall not
apply to the sale or purchase, or solicitation or representation in
connection therewith, of goods from a catalog or of books,
recordings, videocassettes, periodicals and similar goods through a
membership group or club which is regulated by the Federal Trade
ENR. H. B. NO. 2104 Page 241
Commission trade regulation rule concerning use of negative option
plans by sellers in commerce or through a contractual plan or
arrangement such as a continuity plan, subscription arrangement, or
a single sale or purchase series arrangement under which the seller
ships goods to a consumer who has consented in advance to receive
such goods and the recipient of such goods is given the opportunity,
after examination of the goods, to receive a full refund of charges
for the goods, or unused portion thereof, upon return of the goods,
or unused portion thereof, undamaged.

E. Each violation of the provisions of this section shall be an
unlawful practice pursuant to the provisions of the Oklahoma
Consumer Protection Act, Section 751 et seq. of Title 15 of the
Oklahoma Statutes.

F. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of this title.

SECTION 232. AMENDATORY 21 O.S. 2021, Section 1416, is
amended to read as follows:

Section 1416. Any person mentioned in Section 1412 of this
title, who delivers to another any merchandise for which any bill of
lading, receipt or voucher has been issued, unless such receipt or
voucher bore upon its face the words "Not negotiable", plainly
written or stamped, or unless such receipt is surrendered to be
canceled at the time of delivery or unless, in the case of partial
delivery, a memorandum thereof is endorsed upon such receipt or
voucher, shall be punishable as follows:

1. If the value of the property is less than One Thousand
Dollars ($1,000.00), the person shall be guilty of a misdemeanor
punishable by imprisonment in the county jail not to exceed one (1)
year, or by a fine not to exceed One Thousand Dollars ($1,000.00),
or by both such imprisonment and fine;

2. If the value of the property is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall be guilty of a Class D3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections not to exceed two (2) years, or in the county jail not
to exceed one (1) year as provided for in subsections B through F of
ENR. H. B. NO. 2104 Page 242
Section 20P of this title, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine;

3. If the value of the property is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not to exceed five (5) years , or in the county jail
not to exceed one (1) year as provided for in subsections B through
F of Section 20N of this title, or by a fine not to exceed One
Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
and

4. If the value of the property is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of a Class C2
felony offense punishable by imprisonment in the custody of the
Department of Corrections not to exceed eight (8) years as provided
for in subsections B through F of Section 20M of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine.

SECTION 233. AMENDATORY 21 O.S. 2021, Section 1451, as
amended by Section 1, Chapter 63, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1451), is amended to read as follows:

Section 1451. A. Embezzlement is the fraudulent appropriation
of property of any person or legal entity, legally obtained, to any
use or purpose not intended or authorized by its owner, or the
secretion of the property with the fraudulent intent to appropriate
it to such use or purpose, under any of the following circumstances:

1. Where the property was obtained by being entrusted to that
person for a specific purpose, use, or disposition and shall
include, but not be limited to, any funds "held in trust" for any
purpose;

2. Where the property was obtained by virtue of a power of
attorney being granted for the sale or transfer of the property;

3. Where the property is possessed or controlled for the use of
another person;

4. Where the property is to be used for a public or benevolent
purpose;

ENR. H. B. NO. 2104 Page 243
5. Where any person diverts any money appropriated by law from
the purpose and object of the appropriation;

6. Where any person fails or refuses to pay over to the state,
or appropriate authority, any tax or other monies collected in
accordance with state law, and who appropriates the tax or monies to
the use of that person, or to the use of any other person not
entitled to the tax or monies;

7. Where the property is possessed for the purpose of
transportation, without regard to whether packages containing the
property have been broken;

8. Where any person removes crops from any leased or rented
premises with the intent to deprive the owner or landlord interested
in the land of any of the rent due from that land, or who
fraudulently appropriates the rent to that person or any other
person; or

9. Where the property is possessed or controlled by virtue of a
lease or rental agreement, and the property is willfully or
intentionally not returned within five (5) days after the expiration
of the agreement or forty-eight (48) hours for heavy equipment.

Embezzlement does not require a distinct act of taking, but only
a fraudulent appropriation, conversion or use of property.

B. Except as provided in subsection C of this section,
embezzlement shall be punished as follows:

1. If the value of the property embezzled is less than One
Thousand Dollars ($1,000.00), any person convicted shall be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00), by imprisonment in the county jail for a term
not to exceed one (1) year or, at the discretion of the court, by
imprisonment in the county jail for one or more nights or weekends
pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, or
by both such fine and imprisonment;

2. If the value of the property embezzled is One Thousand
Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), any person convicted shall be guilty of a Class
D3 felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed two (2) years or
in the county jail for a term not to exceed one (1) year as provided
ENR. H. B. NO. 2104 Page 244
for in subsections B through F of Section 20P of this title, shall
be subject to a fine not exceeding Five Thousand Dollars
($5,000.00), and ordered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Statutes;

3. If the value of the property embezzled is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), any person convicted shall be guilty of a
Class D1 felony offense punishable by imprisonment in the custody of
the Department of Corrections for a term not to exceed five (5)
years as provided for in subsections B through F of Section 20N of
this title, shall be subject to a fine not exceeding Five Thousand
Dollars ($5,000.00), and ordered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Statutes; or

4. If the value of the property embezzled is Fifteen Thousand
Dollars ($15,000.00) or more, any person convicted shall be guilty
of a Class C2 felony offense punishable by imprisonment in the
custody of the Department of Corrections for a term not to exceed
eight (8) years as provided for in subsections B through F of
Section 20M of this title, subject to a fine not exceeding Ten
Thousand Dollars ($10,000.00), and ordered to pay restitution to the
victim as provided in Section 991f of Title 22 of the Oklahoma
Statutes.

For purposes of this subsection, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.

C. Any county or state officer, deputy or employee of such
officer, who shall divert any money appropriated by law from the
purpose and object of the appropriation shall, upon conviction, be
guilty of a Class C2 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term not less
than one (1) year nor more than ten (10) years as provided for in
subsections B through F of Section 20M of this title, and a fine
equal to triple the amount of money so embezzled and ordered to pay
restitution to the victim as provided in Section 991f of Title 22 of
ENR. H. B. NO. 2104 Page 245
the Oklahoma Statutes. The fine shall operate as a judgment lien at
law on all estate of the party so convicted and sentenced, and shall
be enforced by execution or other process for the use of the person
whose money or other funds or property were embezzled. In all cases
the fine, so operating as a judgment lien, shall be released or
entered as satisfied only by the person in interest.

D. Any executor, administrator, trustee, beneficiary or other
person benefiting from, acting in a fiduciary capacity for, or
otherwise administering a probate, intestate, or trust estate,
whether the trust is inter vivos or testamentary, upon conviction of
embezzlement from the estate shall not receive any portion, share,
gift or otherwise benefit from the estate.

SECTION 234. AMENDATORY 21 O.S. 2021, Section 1531, is
amended to read as follows:

Section 1531. Any person who falsely personates another, and in
such assumed character:

1. Marries or pretends to marry, or to sustain the marriage
relation toward another, with or without the connivance of such
other person; or

2. Becomes bail or surety for any party, in any proceeding
whatever, before any court or officer authorized to take such bail
or surety; or

3. Subscribes, verifies, publishes, acknowledges or proves, in
the name of another person, any written instrument, with intent that
the same may be delivered or used as true; or

4. Does any other act whereby, if it were done by the person
falsely personated, he might in any event become liable to any suit
or prosecution, or to pay any sum of money, or to incur any charge,
forfeiture or penalty, or whereby any benefit might accrue to the
party personating, or to any other person;,

shall be guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years
as provided for in subsections B through F of Section 20M of this
title.

SECTION 235. AMENDATORY 21 O.S. 2021, Section 1532, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 246

Section 1532. Any person who falsely personates another, and in
such assumed character receives any money or property, that knowing
it is intended to be delivered to the individual so personated, with
intent to convert the same to his own use, or to that of another
person who is not entitled thereto, shall be punishable as follows:

1. If the value of the money or property is less than One
Thousand Dollars ($1,000.00), the person shall be guilty of a
misdemeanor punishable by imprisonment in the county jail not to
exceed one (1) year, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine;

2. If the value of the money or property is One Thousand
Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), the person shall be guilty of a Class D3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not to exceed two (2) years, or in the county jail
not to exceed one (1) year as provided for in subsections B through
F of Section 20P of this title, or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such imprisonment and fine;

3. If the value of the money or property is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), the person shall be guilty of a Class D1
felony offense punishable by imprisonment in the custody of the
Department of Corrections not to exceed five (5) years, or in the
county jail not to exceed one (1) year as provided for in
subsections B through F of Section 20N of this title, or by a fine
not to exceed Five Thousand Dollars ($5,000.00), or by both such
imprisonment and fine; and

4. If the value of the money or property is Fifteen Thousand
Dollars ($15,000.00) or more, the person shall be guilty of a Class
C2 felony offense punishable by imprisonment in the custody of the
Department of Corrections not to exceed eight (8) years as provided
for in subsections B through F of Section 20M of this title, or by a
fine not to exceed Ten Thousand Dollars ($10,000.00), or by both
such imprisonment and fine.

SECTION 236. AMENDATORY 21 O.S. 2021, Section 1533, is
amended to read as follows:

Section 1533. A. Except as provided in subsection B of this
section, every person who falsely personates any public officer,
ENR. H. B. NO. 2104 Page 247
civil or military, any firefighter, any law enforcement officer, any
emergency medical technician or other emergency medical care
provider, or any private individual having special authority by law
to perform any act affecting the rights or interests of another, or
who assumes, without authority, any uniform or badge by which such
officers or persons are usually distinguished, and in such assumed
character does any act whereby another person is injured, defrauded,
harassed, vexed or annoyed, upon conviction, is guilty of a
misdemeanor punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine not exceeding Two Thousand
Dollars ($2,000.00), or by both such fine and imprisonment.

B. Every person who falsely personates any public officer or
any law enforcement officer in connection with or relating to any
sham legal process shall, upon conviction, be guilty of a Class D3
felony offense, punishable by imprisonment in the custody of the
Department of Corrections for not more than two (2) years as
provided for in subsections B through F of Section 20P of this
title, or a fine not exceeding Five Thousand Dollars ($5,000.00), or
both such fine and imprisonment.

C. Every person who falsely asserts authority of law not
provided for by federal or state law in connection with any sham
legal process shall, upon conviction, be guilty of a Class D3 felony
offense, punishable by imprisonment in the custody of the Department
of Corrections for not more than two (2) years as provided for in
subsections B through F of Section 20P of this title, or a fine not
exceeding Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.

D. Every person who, while acting falsely in asserting
authority of law, attempts to intimidate or hinder a public official
or law enforcement officer in the discharge of official duties by
means of threats, harassment, physical abuse, or use of sham legal
process shall, upon conviction, be guilty of a Class D3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for not more than two (2) years as provided for in
subsections B through F of Section 20P of this title, or a fine not
exceeding Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.

E. Any person who, without authority under federal or state
law, acts as a supreme court justice, a district court judge, an
associate district judge, a special judge, a magistrate, a clerk of
the court or deputy, a notary public, a juror or other official
ENR. H. B. NO. 2104 Page 248
holding authority to determine a controversy or adjudicate the
rights or interests of others, or signs a document in such capacity,
shall, upon conviction, be guilty of a Class D3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for not more than two (2) years as provided for in
subsections B through F of Section 20P of this title, or a fine not
exceeding Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.

F. Every person who uses any motor vehicle or motor-driven
cycle usually distinguished as a law enforcement vehicle or equips
any motor vehicle or motor-driven cycle with any spot lamps, audible
sirens, or flashing lights, in violation of Section 12-217, 12-218
or 12-227 of Title 47 of the Oklahoma Statutes, or in any other
manner uses any motor vehicle or motor-driven cycle:

1. Which, by markings that conform to or imitate the markings
required or authorized in subsection B of Section 151 of Title 47 of
the Oklahoma Statutes and used by the Oklahoma Highway Patrol
Division of the Department of Public Safety, conveys to any person
the impression or appearance that it is a vehicle of the Oklahoma
Highway Patrol shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, or by a fine not exceeding Five Hundred Dollars ($500.00),
or both fine and imprisonment; provided, nothing in this paragraph
shall be construed to prohibit the use of such a vehicle for
exhibitions, club activities, parades, and other functions of public
interest and which is not used on the public roads, streets, and
highways for regular transportation; or

2. For the purpose of falsely personating a law enforcement
officer and who in such assumed character commits any act whereby
another person is injured, defrauded, harassed, vexed or annoyed
shall, upon conviction, be guilty of a Class C2 felony offense
punishable by imprisonment in the custody of the Department of
Corrections not exceeding ten (10) years as provided for in
subsections B through F of Section 20M of this title, or by a fine
not exceeding Ten Thousand Dollars ($10,000.00), or by both such
fine and imprisonment.

G. 1. Any person who displays or causes to be displayed the
words “State Police” alone or in conjunction with any other word or
words on any motor vehicle, badge, clothing, identification card, or
any other object or document with the intent to communicate peace
officer or investigating authority shall, upon conviction, be guilty
ENR. H. B. NO. 2104 Page 249
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00). This paragraph shall not apply to any officer
with statewide investigatory or law enforcement authority.

2. Any person who displays or causes to display such words as
provided in this subsection for the purpose of falsely personating a
law enforcement officer and as such commits any act whereby another
person is injured, defrauded, harassed, vexed or annoyed shall, upon
conviction, be guilty of a Class D1 felony offense punishable by
imprisonment in the custody of the Department of Corrections not
exceeding ten (10) years as provided for in subsections B through F
of Section 20N of this title, or by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.

H. As used in this section:

1. “Sham legal process” means the issuance, display, delivery,
distribution, reliance on as lawful authority, or other use of an
instrument that is not lawfully issued, whether or not the
instrument is produced for inspection or actually exists, and
purports to do any of the following:

a. to be a summons, subpoena, judgment, arrest warrant,
search warrant, or other order of a court recognized
by the laws of this state, a law enforcement officer
commissioned pursuant to state or federal law or the
law of a federally recognized Indian tribe, or a
legislative, executive, or administrative agency
established by state or federal law or the law of a
federally recognized Indian tribe,

b. to assert jurisdiction or authority over or determine
or adjudicate the legal or equitable status, rights,
duties, powers, or privileges of any person or
property, or

c. to require or authorize the search, seizure,
indictment, arrest, trial, or sentencing of any person
or property; and

2. “Lawfully issued” means adopted, issued, or rendered in
accordance with the applicable statutes, rules, regulations, and
ordinances of the United States, a state, or a political subdivision
of a state.
ENR. H. B. NO. 2104 Page 250

I. It shall not be a defense to a prosecution under subsection
B, C, D or E of this section that:

1. The recipient of the sham legal process did not accept or
believe in the authority falsely asserted in the sham legal process;

2. The person violating subsection B, C, D or E of this section
does not believe in the jurisdiction or authority of this state or
of the United States government; or

3. The office the person violating subsection B, C, D or E of
this section purports to hold does not exist or is not an official
office recognized by state or federal law.

SECTION 237. AMENDATORY 21 O.S. 2021, Section 1533.2, is
amended to read as follows:

Section 1533.2. A. It is unlawful for any person to willfully
and knowingly obtain, or attempt to obtain, another person’s
personal, financial or other information of a financial institution
by means of any false or fraudulent statement made to any officer,
employee, agent or customer of such financial institution.

B. It is unlawful for any person to willfully and knowingly
present any false or fraudulent document or information, or any
document or information obtained or used without lawful consent or
authority, to any officer, employee, agent or another customer of
such financial institution to obtain, or attempt to obtain, another
person’s personal, financial or other information from a financial
institution or to commit any crime.

C. Any person violating any provision of this section shall,
upon conviction, be guilty of a Class C2 felony offense punishable
by imprisonment in the Department of Corrections for a term of not
more than ten (10) years as provided for in subsections B through F
of Section 20M of this title. In addition, the court may order
restitution to be paid by the defendant to every customer whose
information was obtained or otherwise utilized in violation of this
provision.

SECTION 238. AMENDATORY 21 O.S. 2021, Section 1541.2, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 251
Section 1541.2. A. If the value of the money, property or
valuable thing referred to in Section 1541.1 of this title is:

1. One Thousand Dollars ($1,000.00) or more but less than Two
Thousand Five Hundred Dollars ($2,500.00), the person shall be
guilty of a Class D3 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term not to
exceed two (2) years or in the county jail for a term not to exceed
one (1) year as provided for in subsections B through F of Section
20P of this title, or by a fine not to exceed Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment;

2. Two Thousand Five Hundred Dollars ($2,500.00) or more but
less than Fifteen Thousand Dollars ($15,000.00), the person shall be
guilty of a Class D1 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term not to
exceed five (5) years or in the county jail for a term not to exceed
one (1) year as provided for in subsections B through F of Section
20N of this title, or by a fine not to exceed Five Thousand Dollars
($5,000.00), or by both such imprisonment and fine; or

3. Fifteen Thousand Dollars ($15,000.00) or more, the person
shall be guilty of a Class C2 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed eight (8) years as provided for in subsections B
through F of Section 20M of this title, or by a fine not to exceed
Five Thousand Dollars ($5,000.00), or by both such imprisonment and
fine.

B. Any person convicted pursuant to this section shall also be
ordered to pay restitution to the victim as provided in Section 991f
of Title 22 of the Oklahoma Statutes.

SECTION 239. AMENDATORY 21 O.S. 2021, Section 1541.3, is
amended to read as follows:

Section 1541.3. A. Any person making, drawing, uttering or
delivering two or more false or bogus checks, drafts or orders, as
defined by Section 1541.4 of this title, the total sum of which is
Two Thousand Dollars ($2,000.00) or more, even though each separate
instrument is written for less than One Thousand Dollars
($1,000.00), all in pursuance of a common scheme or plan to cheat
and defraud shall be deemed guilty of a felony and shall be punished
as follows:

ENR. H. B. NO. 2104 Page 252
1. If the total sum of two or more false or bogus checks,
drafts or orders is Two Thousand Dollars ($2,000.00) or more but
less than Two Thousand Five Hundred Dollars ($2,500.00), the person
shall be guilty of a Class D3 felony offense and shall be punished
by imprisonment in the custody of the Department of Corrections for
a term not to exceed two (2) years or in the county jail for a term
not to exceed one (1) year as provided for in subsections B through
F of Section 20P of this title, or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment;

2. If the total sum of two or more false or bogus checks,
drafts or orders is Two Thousand Five Hundred Dollars ($2,500.00) or
more but less than Fifteen Thousand Dollars ($15,000.00), the person
shall be guilty of a Class D1 felony offense and shall be punished
by imprisonment in the custody of the Department of Corrections for
a term not to exceed five (5) years or in the county jail for a term
not to exceed one (1) year as provided for in subsections B through
F of Section 20N of this title, or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment;
or

3. If the total sum of two or more false or bogus checks,
drafts or orders is Fifteen Thousand Dollars ($15,000.00) or more,
the person shall be guilty of a Class C2 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for a term not to exceed eight (8) years as provided for
in subsections B through F of Section 20M of this title, or by a
fine not to exceed Five Thousand Dollars ($5,000.00), or by both
such fine and imprisonment.

B. If the total sum of two or more false or bogus checks,
drafts or orders is Five Hundred Dollars ($500.00) or more but less
than Two Thousand Dollars ($2,000.00), the person shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail for a term not to exceed one (1) year or, at the
discretion of the court, by imprisonment in the county jail for one
or more nights or weekends pursuant to Section 991a-2 of Title 22 of
the Oklahoma Statutes, shall be subject to a fine of not more than
Five Thousand Dollars ($5,000.00), and ordered to pay restitution to
the victim as provided in Section 991f of Title 22 of the Oklahoma
Statutes.

SECTION 240. AMENDATORY 21 O.S. 2021, Section 1577, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 253
Section 1577. A. Every person who sells, exchanges or delivers
for any consideration any forged or counterfeited promissory note,
check, bill, draft, or other evidence of debt, or engagement for the
payment of money absolutely, or upon any contingency, knowing the
same to be forged or counterfeited, with intent to have the same
uttered or passed, or who offers any such note or other instrument
for sale, exchange or delivery for any consideration, with the like
knowledge and intent, or who receives any such note or other
instrument upon a sale, exchange or delivery for any consideration
with the like knowledge and intent, is punishable as follows:

1. If the value of the instrument is less than One Thousand
Dollars ($1,000.00), the person shall be guilty of misdemeanor
forgery punishable by imprisonment in the county jail for a term not
to exceed one (1) year, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the value of the instrument is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall be guilty of felony forgery, a Class
D3 felony offense, punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed two (2) years or
in the county jail not to exceed one (1) year as provided for in
subsections B through F of Section 20P of this title, or by a fine
not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine;

3. If the value of the instrument is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall be guilty of felony forgery, a Class
D1 felony offense, punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed five (5) years or
in the county jail for a term not to exceed one (1) year as provided
for in subsections B through F of Section 20N of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine; or

4. If the value of the instrument is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of felony forgery,
a Class C2 felony offense, punishable by imprisonment in the custody
of the Department of Corrections for a term not to exceed eight (8)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine.

ENR. H. B. NO. 2104 Page 254
B. For purposes of this section, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.

SECTION 241. AMENDATORY 21 O.S. 2021, Section 1578, is
amended to read as follows:

Section 1578. A. Every person who, with intent to defraud, has
in his or her possession any forged, altered or counterfeit
negotiable note, bill, draft or other evidence of debt issued or
purporting to have been issued by any corporation or company duly
authorized for that purpose by the laws of this state or of any
other state, government or country, the forgery of which is
hereinbefore declared to be punishable, knowing the same to be
forged, altered or counterfeited, with intent to utter the same as
true or as false, or to cause the same to be so uttered, is
punishable as follows:

1. If the value of the instrument is less than One Thousand
Dollars ($1,000.00), the person shall be guilty of misdemeanor
forgery punishable by imprisonment in the county jail for a term not
to exceed one (1) year, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the value of the instrument is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall be guilty of felony forgery, a Class
D3 felony offense, punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed two (2) years or
in the county jail for a term not to exceed one (1) year as provided
for in subsections B through F of Section 20P of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine;

3. If the value of the instrument is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall be guilty of felony forgery, a Class
D1 felony offense, punishable by imprisonment in the custody of the
ENR. H. B. NO. 2104 Page 255
Department of Corrections for a term not to exceed five (5) years or
in the county jail for a term not to exceed one (1) year as provided
for in subsections B through F of Section 20N of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine; or

4. If the value of the instrument is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of felony forgery,
a Class C2 felony offense, punishable by imprisonment in the custody
of the Department of Corrections for a term not to exceed eight (8)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine.

B. For purposes of this section, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.

SECTION 242. AMENDATORY 21 O.S. 2021, Section 1579, is
amended to read as follows:

Section 1579. A. Every person who has in his or her possession
any forged or counterfeited instrument, the forgery of which is
hereinbefore declared to be punishable, other than such as are
enumerated in the last section, knowing the same to be forged,
counterfeited or falsely altered with intent to injure or defraud by
uttering the same to be true, or as false, or by causing the same to
be uttered, is punishable as follows:

1. If the value of the instrument is less than One Thousand
Dollars ($1,000.00), the person shall be guilty of misdemeanor
forgery punishable by imprisonment in the county jail for a term not
to exceed one (1) year, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the value of the instrument is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall be guilty of felony forgery, a Class
ENR. H. B. NO. 2104 Page 256
D3 felony offense, punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed two (2) years or
in the county jail for a term not to exceed one (1) year as provided
for in subsections B through F of Section 20P of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine;

3. If the value of the instrument is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall be guilty of felony forgery, a Class
D1 felony offense, punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed five (5) years or
in the county jail for a term not to exceed one (1) year as provided
for in subsections B through F of Section 20N of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine; or

4. If the value of the instrument is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of felony forgery,
a Class C2 felony offense, punishable by imprisonment in the custody
of the Department of Corrections for a term not to exceed eight (8)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine.

B. For purposes of this section, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.

SECTION 243. AMENDATORY 21 O.S. 2021, Section 1592, is
amended to read as follows:

Section 1592. A. Every person who, with intent to defraud,
utters or publishes as true any forged, altered or counterfeited
instrument or any counterfeit gold or silver coin, the forging,
altering or counterfeiting of which has previously been declared to
be punishable, knowing such instrument or coin to be forged, altered
or counterfeited, is punishable as follows:
ENR. H. B. NO. 2104 Page 257

1. If the value of the instrument is less than One Thousand
Dollars ($1,000.00), the person shall be guilty of forgery as a
misdemeanor punishable by imprisonment in the county jail not to
exceed one (1) year, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine;

2. If the value of the instrument is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall be guilty of forgery as, a Class D3
felony offense, punishable by imprisonment in the custody of the
Department of Corrections not to exceed two (2) years, or in the
county jail not to exceed one (1) year as provided for in
subsections B through F of Section 20P of this title, or by a fine
not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine;

3. If the value of the instrument is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall be guilty of forgery as, a Class D1
felony offense, punishable by imprisonment in the custody of the
Department of Corrections not to exceed five (5) years, or in the
county jail not to exceed one (1) year as provided for in
subsections B through F of Section 20N of this title, or by a fine
not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine; and

4. If the value of the instrument is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of forgery as, a
Class C2 felony offense, punishable by imprisonment in the custody
of the Department of Corrections not to exceed eight (8) years as
provided for in subsections B through F of Section 20M of this
title, or by a fine not to exceed One Thousand Dollars ($1,000.00),
or by both such imprisonment and fine.

B. For purposes of this section, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.
ENR. H. B. NO. 2104 Page 258

SECTION 244. AMENDATORY 21 O.S. 2021, Section 1632, is
amended to read as follows:

Section 1632. Any officer, agent or clerk of any corporation,
or of any persons proposing to organize a corporation or to increase
the capital stock of any corporation, who knowingly exhibits any
false, forged or altered book, paper, voucher, security or other
instrument of evidence to any public officer or board authorized by
law to examine the organization of such corporation, or to
investigate its affairs, or to allow an increase of its capital with
intent to deceive such officer or board in respect thereto, shall be
guilty of a Class C2 felony offense punishable by imprisonment in
the State Penitentiary not exceeding ten (10) years, and not less
than three (3) years as provided for in subsections B through F of
Section 20M of this title.

SECTION 245. AMENDATORY 21 O.S. 2021, Section 1635, is
amended to read as follows:

Section 1635. Any director, officer, agent or member of any
corporation or joint stock association, who, with intent to defraud,
destroys, alters, mutilates or falsifies any of the books, papers,
writings or securities belonging to such corporation or association,
or makes or concurs in making any false entry, or omits or concurs
in omitting to make any material entry in any book of accounts, or
other record or document kept by such corporation or association,
shall be guilty of a Class C2 felony offense punishable by
imprisonment in the State Penitentiary not exceeding ten (10) years
and not less than three (3) years, or by imprisonment in a county
jail not exceeding one (1) year as provided for in subsections B
through F of Section 20M of this title, or by a fine not exceeding
Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.

SECTION 246. AMENDATORY 21 O.S. 2021, Section 1702, is
amended to read as follows:

Section 1702. One who finds lost property under circumstances
which gives him knowledge or means of inquiry as to the true owner,
and who appropriates such property to his own use, or to the use of
another person who is not entitled thereto, without having first
made such effort to find the owner and restore the property to him
as the circumstances render reasonable and just, is guilty of
larceny punishable as follows:
ENR. H. B. NO. 2104 Page 259

1. If the value of the property is less than One Thousand
Dollars ($ 1,000.00), the person shall be guilty of a misdemeanor
punishable by imprisonment in the county jail not to exceed one (1)
year, or by a fine not to exceed Five Hundred Dollars ($500.00), or
by both such imprisonment and fine;

2. If the value of the property is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall be guilty of a Class D3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections not to exceed two (2) years, or in the county jail not
to exceed one (1) year as provided for in subsections B through F of
Section 20P of this title, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine;

3. If the value of the property is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of the Department
of Corrections not to exceed five (5) years, or in the county jail
not to exceed one (1) year as provided for in subsections B through
F of Section 20N of this title, or by a fine not to exceed One
Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
and

4. If the value of the property is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of a Class C2
felony offense punishable by imprisonment in the custody of the
Department of Corrections not to exceed eight (8) years as provided
for in subsections B through F of Section 20M of this title, or by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine.

SECTION 247. AMENDATORY 21 O.S. 2021, Section 1705, as
amended by Section 1, Chapter 158, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1705), is amended to read as follows:

Section 1705. A. Grand larceny is a felony punishable as
follows:

1. If the value of the property is less than One Thousand
Dollars ($1,000.00), the person shall be punished by imprisonment in
the county jail for a term not to exceed one (1) year or by
incarceration in the county jail for one or more nights or weekends
ENR. H. B. NO. 2104 Page 260
pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at
the option of the court, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the property is one or more firearms, the property is
taken from the person of another, or the value of the property is
One Thousand Dollars ($1,000.00) or more but less than Two Thousand
Five Hundred Dollars ($2,500.00), the person shall be guilty of a
Class D3 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for a term not to exceed
five (5) years or in the county jail for a term not to exceed one
(1) year as provided for in subsections B through F of Section 20P
of this title, or by a fine not to exceed Two Thousand Five Hundred
Dollars ($2,500.00), or by both such imprisonment and fine;

3. In the event the value of the property is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), the person shall be guilty of a Class D1
felony offense and shall be punished by imprisonment in the custody
of the Department of Corrections for a term not to exceed five (5)
years or in the county jail for a term not to exceed one (1) year as
provided for in subsections B through F of Section 20N of this
title, or by a fine not to exceed One Thousand Dollars ($1,000.00),
or by both such imprisonment and fine; or

4. If the value of the property is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be guilty of a Class C2
felony offense and shall be punished by imprisonment in the custody
of the Department of Corrections for a term not to exceed eight (8)
years as provided for in subsections B through F of Section 20M of
this title, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine.

B. The person shall also be ordered to pay restitution to the
victim as provided in Section 991f of Title 22 of the Oklahoma
Statutes.

SECTION 248. AMENDATORY 21 O.S. 2021, Section 1707, is
amended to read as follows:

Section 1707. When it appears upon a trial for grand larceny
that the larceny alleged was committed in any dwelling house or
vessel, the offender shall be guilty of a Class C2 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
ENR. H. B. NO. 2104 Page 261
eight (8) years as provided for in subsections B through F of
Section 20M of this title.

SECTION 249. AMENDATORY 21 O.S. 2021, Section 1713, is
amended to read as follows:

Section 1713. A. Every person who buys or receives, in any
manner, upon any consideration, personal property of a value of One
Thousand Dollars ($1,000.00) or more that has been stolen,
embezzled, obtained by false pretense or robbery, knowing or having
reasonable cause to believe the same to have been stolen, embezzled,
obtained by false pretense, or robbery, or who conceals, withholds,
or aids in concealing or withholding such property from the owner
shall, upon conviction, be guilty of a felony punishable as follows:

1. If the value of the personal property is One Thousand
Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), the person shall be guilty of a Class D3 felony
offense and shall be punished by imprisonment in the custody of the
Department of Corrections for a term not to exceed two (2) years or
in the county jail for a term not to exceed one (1) year as provided
for in subsections B through F of Section 20P of this title, or by a
fine not to exceed Five Hundred Dollars ($500.00), or by both such
fine and imprisonment;

2. If the value of the personal property is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), the person shall be guilty of a Class D1
felony offense and shall be punished by imprisonment in the custody
of the Department of Corrections for a term not to exceed five (5)
years or in the county jail for a term not to exceed one (1) year as
provided for in subsections B through F of Section 20N of this
title, or by a fine not to exceed Five Hundred Dollars ($500.00), or
by both such fine and imprisonment; or

3. If the value of the personal property is Fifteen Thousand
Dollars ($15,000.00) or more, the person may shall be guilty of a
Class C2 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for a term not to exceed
eight (8) years as provided for in subsections B through F of
Section 20M of this title, or by a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and fine.

B. If the personal property that has been stolen, embezzled,
obtained by false pretense or robbery has a value of less than One
ENR. H. B. NO. 2104 Page 262
Thousand Dollars ($1,000.00), the person shall, upon conviction, be
guilty of a misdemeanor punishable by imprisonment in the county
jail for a term not to exceed six (6) months.

C. Every person who, without making reasonable inquiry, buys,
receives, conceals, withholds, or aids in concealing or withholding
any property which has been stolen, embezzled, obtained by false
pretense or robbery, or otherwise feloniously obtained, under such
circumstances as should cause such person to make reasonable inquiry
to ascertain that the person from whom such property was bought or
received had the legal right to sell or deliver it shall be presumed
to have bought or received such property knowing it to have been so
stolen or wrongfully obtained. This presumption may, however, be
rebutted by proof.

SECTION 250. AMENDATORY 21 O.S. 2021, Section 1713.1, is
amended to read as follows:

Section 1713.1. Every person who buys or receives, in any
manner, upon any consideration, any construction equipment or farm
equipment of any value whatsoever that has been stolen, embezzled,
obtained by false pretense or robbery, knowing or having reasonable
cause to believe the same to have been stolen, embezzled, obtained
by false pretense, or robbery, or who conceals, withholds, or aids
in concealing or withholding such construction equipment or farm
equipment from the owner, shall be guilty of a Class C2 felony
offense punishable by imprisonment in the State Penitentiary for a
term of not more than ten (10) years as provided for in subsections
B through F of Section 20M of this title, or by a fine in an amount
that is equal to three times the value of the property that was
stolen but not more than Five Hundred Thousand Dollars
($500,000.00), or by both such fine and imprisonment and may be
ordered to pay restitution pursuant to Section 991f of Title 22 of
the Oklahoma Statutes.

SECTION 251. AMENDATORY 21 O.S. 2021, Section 1716, as
amended by Section 1, Chapter 32, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 1716), is amended to read as follows:

Section 1716. A. Any person in this state who shall steal any
horse, jackass, jennet, mule, cow, hog or implement of husbandry as
defined in Section 1-125 of Title 47 of the Oklahoma Statutes shall,
upon conviction, be guilty of a Class C2 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term of not less than three (3) years nor more than ten (10)
ENR. H. B. NO. 2104 Page 263
years, or by a fine in an amount that is equal to three times the
value of animals and machinery that were stolen but not more than
Five Hundred Thousand Dollars ($500,000.00), or by both such fine
and imprisonment. Each head of cattle stolen may constitute a
separate offense and may be punishable as a separate violation.

B. Any person in this state who shall steal any dog, sheep or
goat shall, upon conviction, be guilty of a Class D3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term of not less than six (6) months nor more than
three (3) years as provided for in subsections B through F of
Section 20P of this title, or by a fine in an amount that is equal
to three times the value of the animals that were stolen but not
more than Five Hundred Thousand Dollars ($500,000.00), or by both
such fine and imprisonment.

C. The word "horse" as used in this section includes all
animals of the equine species, and the word "cow" includes all
animals of the bovine species.

D. Persons convicted of violating the provisions of subsection
A of this section shall be registered by the Oklahoma Department of
Agriculture, Food, and Forestry in the Livestock Offender Registry
created in Section 2-16.1 of Title 2 of the Oklahoma Statutes.

E. The county in which the offender is convicted shall submit a
certified copy of the judgment and sentence confirming the
conviction for entry in the Livestock Offender Registry to the
Oklahoma Department of Agriculture, Food, and Forestry or, if
designated by the Department, to a statewide livestock organization.
In lieu of sending a paper copy of the judgment and sentence
required by this subsection, the county may transmit the conviction
information by using an electronic method authorized by the Oklahoma
Department of Agriculture, Food, and Forestry.

SECTION 252. AMENDATORY 21 O.S. 2021, Section 1719.2, is
amended to read as follows:

Section 1719.2. A. Any person who shall take, steal or carry
away any exotic livestock, any person purchasing or receiving such
exotic livestock, knowing them to have been stolen, shall be deemed
guilty of grand larceny, a Class C2 felony offense, regardless of
the value thereof, and upon conviction thereof shall be punished by
imprisonment in the State Penitentiary not exceeding ten (10) years,
ENR. H. B. NO. 2104 Page 264
or by a fine not exceeding Twenty Thousand Dollars ($20,000.00), or
by both such fine and imprisonment.

B. For purposes of this section the term “exotic livestock”
means commercially raised exotic livestock including animals of the
families bovidae, cervidae and antilocapridae or birds of the ratite
group.

SECTION 253. AMENDATORY 21 O.S. 2021, Section 1720, is
amended to read as follows:

Section 1720. Any person in this state who shall steal an
aircraft, automobile or other automotive driven vehicle,
construction equipment or farm equipment, shall be guilty of a Class
D1 felony offense, and, upon conviction, shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not exceeding five (5) years as provided for in subsections B
through F of Section 20N of this title if the value of the vehicle
is less than Fifty Thousand Dollars ($50,000.00), or for a term of
not less than three (3) years, nor more than ten (10) years shall be
guilty of a Class C2 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20M of this title if the value of the vehicle is Fifty Thousand
Dollars ($50,000.00) or greater, or by a fine in an amount that is
equal to three times the value of the property that was stolen but
not more than Five Hundred Thousand Dollars ($500,000.00), or by
both such fine and imprisonment and. In addition, the person shall
be ordered to pay restitution pursuant to Section 991f of Title 22
of the Oklahoma Statutes.

SECTION 254. AMENDATORY 21 O.S. 2021, Section 1721, is
amended to read as follows:

Section 1721. Any person who shall unlawfully make or cause to
be made any connection with or in any way tap or cause to be tapped,
or drill or cause to be drilled a hole in any pipe or pipeline or
tank laid or used for the conduct or storage of crude oil, naphtha,
gas or casinghead gas, or any of the manufactured or natural
products thereof, with intent to deprive the owner thereof of any of
said crude oil, naphtha, gas, casinghead gas or any of the
manufactured or natural products thereof, shall be guilty of a Class
C2 felony offense, and upon conviction the person shall be punished
by forfeiture of the instrumentality of the crime and by a fine of
not less than One Hundred Dollars ($100.00), and not more than Fifty
Thousand Dollars ($50,000.00), or confinement in the State
ENR. H. B. NO. 2104 Page 265
Penitentiary for a term of not less than one (1) year nor more than
ten (10) years, or by both such fine and imprisonment.

SECTION 255. AMENDATORY 21 O.S. 2021, Section 1722, is
amended to read as follows:

Section 1722. Any person who shall unlawfully take any crude
oil or gasoline, or any product thereof, from any pipe, pipeline,
tank, tank car, or other receptacle or container and any person who
shall unlawfully take or cause to be taken any machinery, drilling
mud, equipment or other materials necessary for the drilling or
production of oil or gas wells, with intent to deprive the owner or
lessee thereof of said crude oil, gas, gasoline, or any product
thereof, machinery, drilling mud, equipment or other materials
necessary for the drilling or production of oil or gas wells shall:

1. Be guilty of a misdemeanor if the value of said product so
taken is less than One Thousand Dollars ($1,000.00), and upon
conviction thereof, shall be punished by a fine of not more than
Five Hundred Dollars ($500.00), or by imprisonment in the county
jail for a term not to exceed sixty (60) days, or by both such fine
and imprisonment;

2. Be guilty of a Class C2 felony offense if the value of such
product so taken is One Thousand Dollars ($1,000.00) or more and
upon conviction thereof, shall be punished by forfeiture of the
instrumentality of the crime and by a fine of not less than One
Hundred Dollars ($100.00), and not more than Fifty Thousand Dollars
($50,000.00), or by imprisonment in the State Penitentiary for a
term in the range of one (1) year to ten (10) years, or by both such
fine and imprisonment.

SECTION 256. AMENDATORY 21 O.S. 2021, Section 1731, as
amended by Section 1, Chapter 176, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1731), is amended to read as follows:

Section 1731. A. Larceny of merchandise held for sale in
retail or wholesale establishments shall be punishable as follows:

1. For the first or second conviction, in the event the value
of the goods, edible meat, or other corporeal property which has
been taken is less than One Thousand Dollars ($1,000.00), the person
shall be guilty of a misdemeanor punishable by imprisonment in the
county jail for a term not exceeding thirty (30) days, and by a fine
not less than Ten Dollars ($10.00) nor more than Five Hundred
ENR. H. B. NO. 2104 Page 266
Dollars ($500.00); provided, for the first or second conviction, in
the event more than one item of goods, edible meat, or other
corporeal property has been taken, punishment shall be by
imprisonment in the county jail for a term not to exceed thirty (30)
days, and by a fine not less than Fifty Dollars ($50.00) nor more
than Five Hundred Dollars ($500.00);

2. For a third or subsequent conviction, in the event the value
of the goods, edible meat, or other corporeal property which has
been taken is less than One Thousand Dollars ($1,000.00), the person
shall be guilty of a misdemeanor and shall be punished by
imprisonment in the county jail for a term not to exceed one (1)
year, and by a fine not exceeding One Thousand Dollars ($1,000.00);

3. In the event the value of the goods, edible meat, or other
corporeal property is One Thousand Dollars ($1,000.00) or more but
less than Two Thousand Five Hundred Dollars ($2,500.00), the person
shall be guilty of a Class D3 felony offense and shall be punished
by imprisonment in the custody of the Department of Corrections for
a term not to exceed two (2) years as provided for in subsections B
through F of Section 20P of this title, and by a fine not to exceed
One Thousand Dollars ($1,000.00);

4. In the event the value of the goods, edible meat, or other
corporeal property is Two Thousand Five Hundred Dollars ($2,500.00)
or more but less than Fifteen Thousand Dollars ($15,000.00), the
person shall be guilty of a Class D1 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for a term not to exceed five (5) years as provided for
in subsections B through F of Section 20N of this title, and by a
fine not to exceed One Thousand Dollars ($1,000.00); or

5. In the event the value of the goods, edible meat, or other
corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,
the person shall be guilty of a Class C2 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for a term not to exceed eight (8) years as provided for
in subsections B through F of Section 20M of this title, and by a
fine not to exceed One Thousand Dollars ($1,000.00).

B. When three or more separate offenses under this section are
committed within a one-hundred-eighty-day period, the value of the
goods, edible meat, or other corporeal property involved in each
larceny offense may be aggregated to determine the total value for
ENR. H. B. NO. 2104 Page 267
purposes of determining the appropriate punishment under this
section.

C. In the event any person engages in conduct that is a
violation of this section in concert with at least one other
individual, such person shall be liable for the aggregate value of
all items taken by all individuals. Such person may also be subject
to the penalties set forth in Section 421 of this title, which shall
be in addition to any other penalties provided for by law.

D. Any person convicted pursuant to the provisions of this
section shall also be ordered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Statutes.

SECTION 257. AMENDATORY 21 O.S. 2021, Section 1732, is
amended to read as follows:

Section 1732. A. Any person who, with intent to deprive or
withhold from the owner thereof the control of a trade secret, or
with an intent to appropriate a trade secret to his or her own use
or to the use of another:

(a) steals 1. Steals or embezzles an article representing a
trade secret,; or,

(b) without 2. Without authority makes or causes to be made a
copy of an article representing a trade secret,

shall be guilty of larceny under Section 1704 of this title and
shall be subject to punishment as provided for in Section 1705 of
this title. For purposes of determining whether such larceny is
grand larceny or petit larceny under this section, the value of the
trade secret and not the value of the article shall be controlling.

B. (a) 1. The word "article" means any object, material,
device, customer list, business records, or substance or copy
thereof, including any writing, record, recording, drawing, sample,
specimen, prototype, model, photograph, microorganism, blueprint,
information stored in any computer-related format, or map.

(b) 2. The word "representing" means describing, depleting,
containing, constituting, reflecting or recording.

ENR. H. B. NO. 2104 Page 268
(c) 3. The term "trade secret" means information, including a
formula, pattern, compilation, program, device, method, technique,
customer list, business records or process, that:

1.

a. derives independent economic value, actual or
potential, from not being generally known to, and not
being readily ascertainable by proper means by, other
persons who can obtain economic value from its
disclosure or use;, and

2.

b. is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.

(d) 4. The word "copy" means any facsimile, replica, photograph
or other reproduction of an article, including copying, transferring
and e-mailing of computer data, and any note, drawing or sketch made
of or from an article.

C. In a prosecution for a violation of this act, it shall be no
defense that the person so charged returned or intended to return
the article so stolen, embezzled or copied.

D. The provisions of this section shall not apply if the person
acted in accordance with a written agreement with the person’s
employer that specified the manner in which disputes involving
clients are to be resolved upon termination of the employer-employee
relationship.

SECTION 258. AMENDATORY 21 O.S. 2021, Section 1778, is
amended to read as follows:

Section 1778. Any person who unlawfully masks, alters or
removes any light or signal, or willfully exhibits any false light
or signal, with intent to bring any locomotive or any railway car or
train of cars into danger, shall be guilty of a Class C2 felony
offense punishable by imprisonment in the State Penitentiary not
exceeding ten (10) years and not less than three (3) years as
provided for in subsections B through F of Section 20M of this
title.

ENR. H. B. NO. 2104 Page 269
SECTION 259. AMENDATORY 21 O.S. 2021, Section 1779, is
amended to read as follows:

Section 1779. Every person who maliciously mutilates, tears,
defaces, obliterates, or destroys any written instrument being the
property of another, the false making of which would be forgery, is
punishable in the same manner as the forgery of such instrument is
made punishable.

1. If the value of the property is Fifteen Thousand Dollars
($15,000.00) or more, the person shall, upon conviction, be guilty
of a Class C2 felony offense and shall be punished by imprisonment
as provided for in subsections B through F of Section 20M of this
title.

2. If the value of the property is Two Thousand Five Hundred
Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
($15,000.00), the person shall, upon conviction, be guilty of a
Class D1 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20N of this
title.

3. If the value of the property is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five Hundred Dollars
($2,500.00), the person shall, upon conviction, be guilty of a Class
D3 felony offense and shall be punished by imprisonment as provided
for in subsections B through F of Section 20P of this title.

SECTION 260. AMENDATORY 21 O.S. 2021, Section 1953, is
amended to read as follows:

Section 1953. A. It shall be unlawful to:

1. Willfully, and without authorization, gain or attempt to
gain access to and damage, modify, alter, delete, destroy, copy,
make use of, use malicious computer programs on, disclose or take
possession of a computer, computer system, computer network, data or
any other property;

2. Use a computer, computer system, computer network or any
other property as hereinbefore defined for the purpose of devising
or executing a scheme or artifice with the intent to defraud,
deceive, extort or for the purpose of controlling or obtaining
money, property, data, services or other thing of value by means of
a false or fraudulent pretense or representation;
ENR. H. B. NO. 2104 Page 270

3. Willfully exceed the limits of authorization and damage,
modify, alter, destroy, copy, delete, disclose or take possession of
a computer, computer system, computer network, data or any other
property;

4. Willfully and without authorization, gain or attempt to gain
access to a computer, computer system, computer network, data or any
other property;

5. Willfully and without authorization use or cause to be used
computer services;

6. Willfully and without authorization disrupt or cause the
disruption of computer services or deny or cause the denial of
access or other computer services to an authorized user of a
computer, computer system or computer network, other than an
authorized entity acting for a legitimate business purpose with the
effective consent of the owner;

7. Willfully and without authorization provide or assist in
providing a means of accessing a computer, computer system, data or
computer network in violation of this section;

8. Willfully use a computer, computer system, or computer
network to annoy, abuse, threaten, or harass another person;

9. Willfully use a computer, computer system, or computer
network to put another person in fear of physical harm or death; and

10. Willfully solicit another, regardless of any financial
consideration or exchange of property, of any acts described in
paragraphs 1 through 9 of this subsection.

B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9
or 10 of subsection A of this section shall be guilty of a Class C2
felony offense punishable as provided in Section 1955 of this title.

C. Any person convicted of violating paragraph 4, 5 or 8 of
subsection A of this section shall be guilty of a misdemeanor.

D. Nothing in the Oklahoma Computer Crimes Act shall be
construed to prohibit the monitoring of computer usage of, or the
denial of computer or Internet access to, a child by a parent, legal
guardian, legal custodian, or foster parent. As used in this
ENR. H. B. NO. 2104 Page 271
subsection, "child" shall mean any person less than eighteen (18)
years of age.

E. Nothing in the Oklahoma Computer Crimes Act shall be
construed to prohibit testing by an authorized entity, the purpose
of which is to provide to the owner or operator of the computer,
computer system or computer network an evaluation of the security of
the computer, computer system or computer network against real or
imagined threats or harms.

SECTION 261. AMENDATORY 21 O.S. 2021, Section 1955, is
amended to read as follows:

Section 1955. A. Upon conviction of a felony under the
provisions of the Oklahoma Computer Crimes Act, punishment the
person shall be guilty of a Class C2 felony offense and shall be
punished by a fine of not less than Five Thousand Dollars
($5,000.00) and not more than One Hundred Thousand Dollars
($100,000.00), or by confinement in the State Penitentiary for a
term of not more than ten (10) years as provided for in subsections
B through F of Section 20M of this title, or by both such fine and
imprisonment.

B. Upon conviction of a misdemeanor under the provisions of the
Oklahoma Computer Crimes Act, punishment shall be by a fine of not
more than Five Thousand Dollars ($5,000.00), or by imprisonment in
the county jail not to exceed thirty (30) days, or by both such fine
and imprisonment.

C. In addition to any other civil remedy available, the owner
or lessee of the computer, computer system, computer network,
computer program or data may bring a civil action against any person
convicted of a violation of the Oklahoma Computer Crimes Act for
compensatory damages, including any victim expenditure reasonably
and necessarily incurred by the owner or lessee to verify that a
computer system, computer network, computer program or data was or
was not altered, damaged, deleted, disrupted or destroyed by the
access. In any action brought pursuant to this subsection the court
may award reasonable attorneys fees to the prevailing party.

SECTION 262. AMENDATORY 22 O.S. 2021, Section 17, is
amended to read as follows:

Section 17. A. Every person who has been charged, convicted,
has pled guilty or has pled nolo contendere to any crime,
ENR. H. B. NO. 2104 Page 272
hereinafter referred to as the defendant, or any other person with
the cooperation of the defendant, who contracts to receive, or have
any other person or entity receive, any proceeds or profits from any
source, as a direct or indirect result of the crime or sentence, or
the notoriety which the crime or sentence has conferred upon the
defendant, shall forfeit the proceeds or profits as provided in this
section; provided, however, proceeds or profits from a contract
relating to the depiction or discussion of the defendant's crime
shall not be subject to forfeiture unless an integral part of the
work is a depiction or discussion of the defendant's crime or an
impression of the defendant's thoughts, opinions, or emotions
regarding the crime. All parties to a contract described in this
section are required to pay to the district court wherein the
criminal charges were filed any proceeds or thing of value which
pursuant to the contract is to be paid to the defendant or to
another person or entity. The district court shall make deposit of
proceeds received pursuant to this section and direct the county
treasurer to make the deposit of those funds in an escrow account
for the benefit of and payable to victims of the crime or the legal
representative of any victim of the crime committed by the defendant
or to repay a public defender office for legal representation during
a criminal proceeding. There is hereby created a lien upon any sum
of money or other thing of value payable to anyone pursuant to any
contract described in this section, for the purpose of enforcing the
forfeiture obligation established herein, which lien may be
foreclosed in the same manner as statutory tax liens created by
Oklahoma law. Any person who contracts without fully providing for
such forfeiture in compliance with the provisions of this section
shall be guilty of a Class C2 felony offense and, upon conviction,
shall be punished by a fine of not less than Ten Thousand Dollars
($10,000.00) and not to exceed three times the value of the proceeds
of the contract, or by imprisonment not exceeding ten (10) years in
the custody of the Department of Corrections as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or both such fine and imprisonment.

B. Payments from the escrow account shall be used, in the
following order of priority, to satisfy any judgment rendered in
favor of a victim or a victim's legal representative, to pay
restitution, fines, court costs, and other payments, reparations or
reimbursements ordered by the court at the time of sentencing
including repayments to a public defender office for legal
representation of the defendant and to pay every cost and expense of
incarceration and treatment authorized by law as a cost of the
defendant.
ENR. H. B. NO. 2104 Page 273

C. A victim or the legal representative of a victim must file a
civil action, in a court of competent jurisdiction, to recover money
against the defendant or the defendant's legal representative within
seven (7) years of the filing of the criminal charges against the
defendant. The victims and the legal representative of a victim of
the crime shall have a priority interest in any proceeds or profits
received pursuant to the provisions of this section. If no victim
or legal representative of a victim has filed a civil suit within
seven (7) years from the filing of the criminal charges against the
defendant, any money in the escrow account shall be paid over in the
following order of priority:

1. For restitution;

2. For any fine and court costs;

3. For other payments ordered in the sentence;

4. For the costs and expenses of incarceration; and

any remaining money to the Victims' Compensation Revolving Fund.
Upon disposition of charges favorable to the defendant, any money in
the escrow account shall be paid over to the defendant.

D. The district court wherein the criminal charges were filed
shall, once every six (6) months for seven (7) years from the date
any money is deposited with the court, publish a notice in at least
one (1) newspaper of general circulation in each county of the state
in accordance with the provisions on publication of notices found in
Sections 101 et seq. of Title 25 of the Oklahoma Statutes, notifying
any eligible victim or legal representative of an eligible victim
that monies are available to satisfy judgments pursuant to this
section.

SECTION 263. AMENDATORY 27A O.S. 2021, Section 2-5-116,
is amended to read as follows:

Section 2-5-116. A. Any person who knowingly and willfully:

1. Violates any applicable provision of the Oklahoma Clean Air
Act or any rule or standard promulgated thereunder;

2. Violates any order issued or permit condition prescribed
pursuant to the Oklahoma Clean Air Act;
ENR. H. B. NO. 2104 Page 274

3. Violates any emission limitation or any substantive
provision or condition of any permit;

4. Makes any false material statement, representation, or
certification in, or omits material information from, or knowingly
alters, conceals, or fails to file or maintain any notice,
application, record, report, plan or other document, except for
monitoring data, required pursuant to the Oklahoma Clean Air Act to
be either filed or maintained;

5. Fails to notify or report as required by the Oklahoma Clean
Air Act, rules promulgated thereunder or orders or permits issued
pursuant thereto; or

6. Fails to install any monitoring device or method required to
be maintained or followed pursuant to the Oklahoma Clean Air Act;

shall, upon conviction, be guilty of a misdemeanor and be punished
by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00)
per day of violation or for not more than one (1) year imprisonment
in the county jail, or both such fine and imprisonment.

B. Any person who knowingly and willfully:

1. Violates any applicable provision of the Oklahoma Clean Air
Act or any rule promulgated thereunder, or any order of the
Department or any emission limitation or substantive provision or
condition of any permit, and who knows at the time that he thereby
places another in danger of death or serious bodily injury;

2. Tampers with or renders inaccurate any monitoring device; or

3. Falsifies any monitoring information required to be
maintained or submitted to the Department pursuant to the Oklahoma
Clean Air Act;,

shall, upon conviction, be guilty of a Class C2 felony offense and
subject to a fine of not more than Two Hundred Fifty Thousand
Dollars ($250,000.00), or for not more than ten (10) years
imprisonment, or both such fine and imprisonment.

SECTION 264. AMENDATORY 27A O.S. 2021, Section 2-6-206,
is amended to read as follows:

ENR. H. B. NO. 2104 Page 275
Section 2-6-206. A. Whenever there are reasonable grounds to
believe that there has been a violation of any of the provisions of
the Oklahoma Pollutant Discharge Elimination System Act, any permit,
any rule, or any order of the Executive Director, the Executive
Director shall have the authority and powers to proceed as specified
in the Administrative Procedures Act unless otherwise provided
herein. Provided, however, that provisions of this section for
written notice, enforcement hearing, and administrative orders shall
not be conditions precedent for the Department to seek action in the
district court as provided by the Oklahoma Pollutant Discharge
Elimination System Act or other applicable provisions of law.

B. The Oklahoma Pollutant Discharge Elimination System Act
shall not in any way impair or in any way affect a person's right to
recover damages for pollution in a court of competent jurisdiction.
Any person having any interest connected with the geographic area or
waters or water system affected, including but not limited to any
aesthetic, recreational, health, environmental, pecuniary or
property interest, which interest is or may be adversely affected,
shall have the right to intervene as a party in any administrative
proceeding before the Department, or in any civil proceeding,
relating to violations of the Oklahoma Pollutant Discharge
Elimination System Act or rules, permits or orders issued hereunder.

C. Whenever on the basis of any information available, the
Department finds that any person or entity regulated by the
Department is in violation of any act, rule, order, permit,
condition or limitation implementing the Oklahoma Pollutant
Discharge Elimination System Act, or any previously issued discharge
permit, the Executive Director shall issue an order requiring such
person or entity to comply with such provision or requirement,
commence appropriate administrative enforcement proceedings, or
bring a civil action. Provided, however, the issuance of a
compliance order or suspension or revocation of a permit shall not
be considered a condition precedent to the accrual or imposition of
penalties or fines in any administrative, civil or criminal
proceeding.

D. A copy of any order issued pursuant to this section shall be
sent immediately to the violator. In any case in which an order or
notice to a violator is issued to a corporation, a copy of such
order shall be served on any appropriate corporate officers.

Any order issued pursuant to this section shall state with
reasonable specificity the nature of the violation, and shall
ENR. H. B. NO. 2104 Page 276
specify a time for compliance not to exceed thirty (30) days in the
case of a violation of an interim compliance schedule or operation
and maintenance requirement and not to exceed a reasonable time in
the case of a violation of a final deadline, taking into account the
seriousness of the violation and any good faith efforts to comply
with applicable requirements. Any order or notice issued by the
Executive Director may be served in any manner allowed by Oklahoma
Rules of Civil Procedures applicable to a civil summons.

E. Whenever on the basis of any information available the
Executive Director finds that any person regulated by the Department
has violated any of the provisions of the Oklahoma Pollutant
Discharge Elimination System Act, or any permit, rule, order or
condition or limitation implementing any of such sections, or
previously issued discharge permit or related order, the Executive
Director may, after providing notice and opportunity for an
enforcement hearing to the alleged violator, assess an
administrative fine of not more than Ten Thousand Dollars
($10,000.00) per day of violation, for each day during which the
violation continues. The total amount of such fine shall not exceed
One Hundred Twenty-five Thousand Dollars ($125,000.00) per
violation. In determining the amount of any penalty assessed under
this subsection, the Executive Director shall take into account the
nature, circumstances, extent and gravity of the violation, or
violations, and, with respect to the violator, ability to pay, any
prior history of such violations, the degree of culpability,
economic benefit savings, if any, resulting from the violation, and
such other matters as justice may require. For purposes of this
subsection, a single operational upset which leads to simultaneous
violations of more than one pollutant parameter shall be treated as
a single violation. Enforcement hearings shall be conducted in
accordance with the procedures set out in the Administrative
Procedures Act.

F. 1. The Executive Director is authorized to commence a civil
action for appropriate relief, including a permanent or temporary
injunction, for any violation for which he is authorized to issue a
compliance order under subsection C of this section.

2. Any person who violates any provision of the Oklahoma
Pollutant Discharge Elimination System Act, or any permit condition
or limitation implementing any of such provisions in a permit issued
under the Oklahoma Pollutant Discharge Elimination System Act, or
any requirement imposed in a pretreatment program approved under the
Oklahoma Pollutant Discharge Elimination System Act, and any person
ENR. H. B. NO. 2104 Page 277
who violates any order issued by the Executive Director under
subsection C of this section, shall be subject to a civil penalty
not to exceed Ten Thousand Dollars ($10,000.00) per day for each
violation. In determining the amount of the civil penalty the court
shall consider the seriousness of the violation or violations, the
economic benefit, if any, resulting from the violation, any history
of such violations, any good faith efforts to comply with the
applicable requirements, the economic impact of the penalty on the
violator and such other matters as justice may require. For
purposes of this subsection, a single operational upset which leads
to simultaneous violations of more than one pollutant parameter
shall be treated as a single violation.

3. Any action pursuant to this subsection may be brought in the
district court for the district in which the property or defendant
is located or defendant resides or is doing business, and such court
shall have jurisdiction to restrain such violation and to require
compliance.

4. The prior revocation of a permit shall not be a condition
precedent to the filing of a civil action under the Oklahoma
Pollutant Discharge Elimination System Act.

G. 1. Any person who:

a. negligently violates any provision of the Oklahoma
Pollutant Discharge Elimination System Act, or any
order issued by the Executive Director hereunder, or
any permit condition or limitation in a permit issued
or any requirement imposed in a pretreatment program
authorized pursuant to the Oklahoma Pollutant
Discharge Elimination System Act, or

b. negligently introduces into the waters of the state or
a treatment works discharging into the waters of the
state any pollutant or hazardous substance which such
person knew or reasonably should have known could
cause personal injury or property damage or, other
than in compliance with all applicable federal, state
or local requirements or permits, which causes such
treatment work to violate any effluent limitation or
condition in a permit issued to the treatment works
pursuant to the Oklahoma Pollutant Discharge
Elimination System Act,

ENR. H. B. NO. 2104 Page 278
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by a fine of not less than Two Thousand Five
Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand
Dollars ($25,000.00) per day of violation, or by imprisonment in the
county jail for not more than one (1) year as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment. If a conviction of
a person is for a violation committed after a first conviction of
such person under this paragraph, punishment shall be a fine of not
more than Fifty Thousand Dollars ($50,000.00) per day of violation,
or by imprisonment in the State Penitentiary for not more than two
(2) years as provided for in subsections B through F of Section 20P
of Title 21 of the Oklahoma Statutes, or by both.

2. Any person who:

a. knowingly violates any provision of the Oklahoma
Pollutant Discharge Elimination System Act, or any
order issued by the Executive Director hereunder, or
any permit condition or limitation in a permit issued
or any requirement imposed in a pretreatment program
authorized pursuant to the Oklahoma Pollutant
Discharge Elimination System Act, or

b. knowingly introduces into the waters of the state or a
treatment works discharging into the waters of the
state any pollutant or hazardous substance which such
person knew or reasonably should have known could
cause personal injury or property damage or, other
than in compliance with all applicable federal, state
or local requirements or permits, which causes such
treatment work to violate any effluent limitation or
condition in a permit issued to the treatment works
under the Oklahoma Pollutant Discharge Elimination
System Act,

shall, upon conviction, be guilty of a Class D1 felony offense and
shall be punished by a fine of not less than Five Thousand Dollars
($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per
day of violation, or by imprisonment in the county jail for not more
than one (1) year or in the State Penitentiary for not more than
three (3) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by both. If a
conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment shall be
ENR. H. B. NO. 2104 Page 279
a fine of not more than One Hundred Thousand Dollars ($100,000.00)
per day of violation, or by imprisonment in the State Penitentiary
for not more than six (6) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both.

3. a. Any person who knowingly violates any provision of the
Oklahoma Pollutant Discharge Elimination System Act,
or any permit condition or limitation in a permit
issued hereunder by the Executive Director, and who
knows at that time that he thereby places another
person in imminent danger of death or serious bodily
injury, shall, upon conviction, be guilty of a Class
C2 felony offense and shall be subject to a fine of
not more than Two Hundred Fifty Thousand Dollars
($250,000.00), or imprisonment in the State
Penitentiary for not more than fifteen (15) years, or
both. A person which is an organization shall, upon
conviction of violating this subparagraph, be subject
to a fine of not more than One Million Dollars
($1,000,000.00). If a conviction of a person is for a
violation committed after a first conviction of such
person under this paragraph, the maximum punishment
shall be doubled with respect to both fine and
imprisonment.

b. For the purpose of subparagraph a of this paragraph:

(1) in determining whether a defendant who is an
individual knew that his conduct placed another
person in imminent danger of death or serious
bodily injury, a person shall be responsible only
for actual awareness or actual belief that he
possessed, and knowledge possessed by a person
other than the defendant but not by the defendant
himself may not be attributed to the defendant;
provided however that in proving the defendant's
possession of actual knowledge, circumstantial
evidence may be used, including evidence that the
defendant took affirmative steps to shield
himself from relevant information,

(2) it is an affirmative defense to prosecution under
this subsection that the conduct charged was
consented to by the person endangered and that
ENR. H. B. NO. 2104 Page 280
the danger and conduct charged were reasonably
foreseeable hazards of an occupation, business,
profession or of a medical treatment or medical
or scientific experimentation conducted by
professionally approved methods and such other
person had been made aware of the risks involved
prior to giving consent, and such defense may be
established under this subparagraph by a
preponderance of the evidence.

4. Any person who knowingly makes any false material statement,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under the
Oklahoma Pollutant Discharge Elimination System Act or who knowingly
falsifies, tampers with, or renders inaccurate any monitoring device
or method required to be maintained under the Oklahoma Pollutant
Discharge Elimination System Act, shall, upon conviction, be guilty
of a Class D1 felony offense and shall be punished by a fine of not
more than Ten Thousand Dollars ($10,000.00), or by imprisonment for
not more than two (2) years, or by both as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph,
punishment shall be by a fine of not more than Twenty Thousand
Dollars ($20,000.00) per day of violation, or by imprisonment for
not more than four (4) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both.

5. For purposes of this subsection, a single operational upset
which leads to simultaneous violations of more than one pollutant
parameter shall be treated as a single violation.

H. Whenever, on the basis of information available to him, the
Department finds that an owner or operator of any source is
introducing a pollutant into a treatment works in violation of the
Oklahoma Pollutant Discharge Elimination System Act or any
requirement, rule, permit or order issued under the Oklahoma
Pollutant Discharge Elimination System Act, the Department shall
notify the owner or operator of such treatment works of such
violation. If the owner or operator of the treatment works does not
commence appropriate enforcement action within thirty (30) days of
the date of such notification, the Department may commence a civil
action for appropriate relief, including but not limited to a
permanent or temporary injunction, against the owner or operator of
ENR. H. B. NO. 2104 Page 281
such treatment works. In any such civil action the Department shall
join the owner or operator of such source as a party to the action.
Such action shall be brought in the district court in the county in
which the treatment works is located. Such court shall have
jurisdiction to restrain such violation and to require the owner or
operator of the treatment works and the owner or operator of the
source to take such action as may be necessary to come into
compliance with the Oklahoma Pollutant Discharge Elimination System
Act. Nothing in this subsection shall be construed to limit or
prohibit any other authority the Department may have under this
section.

I. 1. Any person against whom an administrative compliance or
penalty order is issued under this section may obtain review of such
order by filing a petition for review in district court pursuant to
the Administrative Procedures Act. Such court shall not set aside
or remand such order unless there is not substantial evidence in the
administrative record, taken as a whole, to support the finding of a
violation or unless the assessment of the penalty constitutes an
abuse of discretion and shall not impose additional civil penalties
for the same violation unless the assessment of the penalty
constitutes an abuse of discretion. No stay of an administrative
penalty order shall be granted until the amount of penalty assessed
has been deposited with the reviewing district court pending
resolution of the petition for review.

2. If any person fails to pay an assessment of an
administrative penalty:

a. after the order making the assessment has become
final, or

b. after a court in an action brought under paragraph 1
of this subsection has entered a final judgment in
favor of the Department, as the case may be,

the Department may commence or may request the Attorney General to
bring a civil action in an appropriate district court to recover the
amount assessed plus interest at currently prevailing rates from the
date of the final order or the date of the final judgment, as the
case may be. In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.

3. Any person who fails to pay on a timely basis the amount of
an assessment of an administrative or civil penalty shall be
ENR. H. B. NO. 2104 Page 282
required to pay, in addition to such amount and interest, attorneys
fees and costs for collection proceeding and quarterly nonpayment
penalty for each quarter during which such failure to pay persists.
Such nonpayment penalty shall be in an amount equal to twenty
percent (20%) of the aggregate amount of such person's penalties and
nonpayment penalties which are unpaid as of the beginning of such
quarter.

SECTION 265. AMENDATORY 29 O.S. 2021, Section 3-201, is
amended to read as follows:

Section 3-201. A. All things being equal, veterans of World
War II, the Korean, the Vietnam and Persian Gulf Wars shall be
appointed as game wardens when vacancies occur.

B. All persons appointed game wardens shall be peace officers
and have the full powers of peace officers of the State of Oklahoma
in the enforcement of the provisions of this Code and are authorized
to:

1. Enforce all state laws on Department-owned or Department-
managed lands;

2. Enforce all other laws of this state;

3. Make arrests for wildlife conservation violations and
nonconservation-related crimes with the same power and authority as
sheriffs are vested with and in cooperation with other law
enforcement officers and agencies;

4. Take into possession any and all protected wildlife, or any
part thereof, killed, taken, shipped or in any possession contrary
to the law, and the wildlife or parts thereof may be disposed of as
determined by the Director or any court of competent jurisdiction;

5. Make a complaint and cause proceedings to be commenced
against any person for violation of any of the laws for the
protection and propagation of wildlife, with the sanction of the
prosecuting or district attorney of the county in which the
proceedings are brought, and shall not be required to give security
for costs;

6. Be an authorized agent of the Commission or Department under
Section 3-202 of this title in addition to duties as a game warden;
and
ENR. H. B. NO. 2104 Page 283

7. Assist in enforcement of the state fire laws, upon request
of the Oklahoma Department of Agriculture, Food, and Forestry.

C. 1. Pursuant to the provisions of this subsection, a game
warden may operate a vehicle owned or leased by the Department upon
a roadway during the hours of darkness without lighted headlamps,
clearance lamps, or other illuminating devices. As used in this
paragraph, "roadway" shall include any street or highway in this
state except an interstate highway, a limited access highway, a
state trunk highway, or any street or highway within the limits of
an incorporated area.

2. Pursuant to the provisions of this subsection, a game warden
may operate a vessel upon any waters of this state during the hours
of darkness without the illuminating devices required by Section
4207 of Title 63 of the Oklahoma Statutes.

3. A game warden may operate a vehicle or vessel without the
illuminating devices specified in this subsection only if the
operation:

a. is made in the performance of the duties of the game
warden pursuant to the provisions of the Code, and

b. (1) will aid in the accomplishment of a lawful arrest
for any violation of the Code or any rule or
regulation promulgated thereto, or

(2) will aid in ascertaining whether a violation of
the Code or any rule or regulation promulgated
thereto has been or is about to be committed.

D. Any person who refuses to stop a vehicle or boat when
requested to do so by a game warden in the performance of the duties
of the game warden is guilty of a misdemeanor and upon conviction is
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00).

E. Any game warden who solicits or accepts any bribe or money
or other thing of value in connection with the performance of duty
as a game warden shall be guilty of a Class C2 felony offense and,
upon conviction, shall be sentenced to a term not less than two (2)
years nor more than seven (7) years in the custody of the Department
of Corrections of imprisonment as provided for in subsections B
ENR. H. B. NO. 2104 Page 284
through F of Section 20M of Title 21 of the Oklahoma Statutes and
shall be summarily removed from office.

F. Pursuant to the provisions of subsection B of this section
and the Oklahoma Wildlife Conservation Code, a game warden shall not
have authority to use or place a game or wildlife camera on private
property without the permission of the owner or controller of the
property or pursuant to a warrant issued by a court of competent
jurisdiction.

SECTION 266. AMENDATORY 42 O.S. 2021, Section 153, is
amended to read as follows:

Section 153. (1) A. The trust funds created under Section 152
of this title shall be applied to the payment of said valid lienable
claims and no portion thereof shall be used for any other purpose
until all lienable claims due and owing or to become due and owing
shall have been paid.

(2) B. If the party receiving any money under Section 152 of
this title is an entity having the characteristics of limited
liability pursuant to law, such entity and the natural persons
having the legally enforceable duty for the management of the entity
shall be liable for the proper application of such trust funds and
subject to punishment under Section 1451 of Title 21 of the Oklahoma
Statutes; provided, however, if the value of the property embezzled
is Fifteen Thousand Dollars ($15,000.00) or more, the party shall,
upon conviction, be guilty of a Class C2 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20M of Title 21 of the Oklahoma Statutes. If the value
of the property embezzled is not less than One Thousand Dollars
($1,000.00) nor more than Two Thousand Five Hundred Dollars
($2,500.00), the party shall, upon conviction, be guilty of a Class
D3 felony offense and shall be punished by imprisonment as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes. For purposes of this section, the natural
persons subject to punishment shall be the managing officers of a
corporation and the managers of a limited liability company.

(3) C. The existence of such trust funds shall not prohibit the
filing or enforcement of a labor, mechanic or materialmen's lien
against the affected real property by any lien claimant, nor shall
the filing of such a lien release the holder of such funds from the
obligations created under this section or Section 152 of this title.

ENR. H. B. NO. 2104 Page 285
SECTION 267. AMENDATORY 47 O.S. 2021, Section 4-108, is
amended to read as follows:

Section 4-108. Any person who shall knowingly make any false
statement of a material fact, either in his application for the
certificate of title herein provided for, or in any assignment
thereof, or who, with intent to procure or pass title to a motor
vehicle which he knows, or has reason to believe, has been stolen,
shall receive or transfer possession of the same from or to another,
or who shall have in his possession any motor vehicle which he knows
or has reason to believe has been stolen, and who is not an officer
of the law engaged at the time in the performance of his duty as
such officer, shall be deemed guilty of a Class C2 felony offense,
and upon conviction thereof shall be fined not less than One Hundred
Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00),
or imprisoned in the State Penitentiary for a period of not less
than one (1) year nor more than ten (10) years as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment, at the discretion
of the court. This provision shall not be exclusive of any other
penalties prescribed by an existing or future law for the larceny or
unauthorized taking of a motor vehicle.

SECTION 268. AMENDATORY 47 O.S. 2021, Section 4-109, as
amended by Section 36, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 4-109), is amended to read as follows:

Section 4-109. Any person who shall alter or forge, or cause to
be altered or forged, any certificate of title issued by Service
Oklahoma, pursuant to the provisions of this act, or any assignment
thereof, or who shall hold or use any such certificate or
assignment, knowing the same to have been altered or forged, shall
be deemed guilty of a Class C2 felony offense, and upon conviction
thereof shall be liable to pay a fine of not less than Fifty Dollars
($50.00), nor more than Five Thousand Dollars ($5,000.00), or to
imprisonment in the custody of the Oklahoma Department of
Corrections for a period of not less than one (1) year, nor more
than ten (10) years as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment, at the discretion of the court.

SECTION 269. AMENDATORY 47 O.S. 2021, Section 7-612, is
amended to read as follows:

Section 7-612. A. It is a misdemeanor for any person:
ENR. H. B. NO. 2104 Page 286

1. To purchase a security verification form which bears altered
or fictitious information concerning the existence of security
required by the Compulsory Insurance Law;

2. To display or cause or permit to be displayed or to possess
a security verification form which the person knows bears altered or
fictitious information concerning the existence of security required
by the Compulsory Insurance Law; or

3. To display or cause or permit to be displayed or to possess
any security verification form that is counterfeit.

B. It is a Class C2 felony offense for anyone, other than an
insurer or insurance producer as defined by Section 1435.2 of Title
36 of the Oklahoma Statutes, to:

1. Create or otherwise manufacture a security verification form
or facsimile thereof, or to create, manufacture or possess an
engraved plate or other such device for the printing of security
verification forms; or

2. Issue or sell security verification forms.

C. 1. The violation of any of the provisions of subsection A
of this section shall constitute a misdemeanor punishable by a fine
of not less than Twenty-five Dollars ($25.00), nor more than Two
Hundred Fifty Dollars ($250.00) and by mandatory suspension of the
person’s driving privilege for:

a. two (2) months, for a first offense,

b. six (6) months, for a second offense, or

c. one (1) year, for a third or subsequent offense.

The suspension imposed under this subsection shall not be modified.

2. The violation of any of the provisions of subsection B of
this section shall constitute a Class C2 felony offense punishable
by a fine not exceeding Ten Thousand Dollars ($10,000.00), or a term
of imprisonment in the custody of the Department of Corrections not
to exceed seven (7) years as provided for in subsections B through F
of Section 20M of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment.
ENR. H. B. NO. 2104 Page 287

D. The suspension required in subsection C of this section
shall remain in effect until payment is made of the fees provided
for in Section 6-212 of this title and proof of security is
furnished to the Department of Public Safety which complies with the
requirements of Section 7-601 of this title. Suspension under this
section shall be effective when notice is given pursuant to Section
2-116 of this title.

E. Any person whose driving privilege has been suspended
pursuant to the provisions of subsection C of this section shall
surrender to the Department his or her driver license within thirty
(30) days from the date of the suspension. Any owner failing to
surrender his or her driver license to the Department within such
time shall pay a fee of Fifty Dollars ($50.00) which shall be in
addition to the fees provided for in Section 6-212 of this title.

SECTION 270. AMENDATORY 47 O.S. 2021, Section 592.9, as
amended by Section 17, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 592.9), is amended to read as follows:

Section 592.9. A. Rulemaking Power. The Oklahoma Used Motor
Vehicle, Dismantler, and Manufactured Housing Commission may adopt,
amend and repeal such rules as are necessary for the enforcement of
the provisions of the Oklahoma Crusher Act and consistent with its
provisions.

B. Criminal Penalties.

1. Any person who engages in the business of operating as a
crusher without first obtaining the license prescribed in the
Oklahoma Crusher Act or any person who receives, obtains or
possesses and crushes any vehicle or other property which the person
knows to be subject to an outstanding lien shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not in excess of One Thousand Dollars ($1,000.00), by confinement in
the county jail for not more than six (6) months, or by both.

2. Any person who engages in the business of operating as a
crusher without first obtaining the license prescribed in the
Oklahoma Crusher Act and who receives, obtains or possesses any
vehicle or other property which he or she knows to be stolen shall
be guilty of a Class C2 felony offense of receiving, obtaining or
possessing stolen property and, upon conviction, shall be subject to
the penalties which may be imposed for such crime provided for in
ENR. H. B. NO. 2104 Page 288
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes.

3. Any person selling a vehicle or other property to a crusher
who uses false or altered identification or makes a false
declaration of ownership or lien status as related to the provisions
of the Oklahoma Crusher Act shall be guilty of a Class C2 felony
offense, and upon conviction shall be punished by imprisonment in
the custody of the Department of Corrections for a term of not more
than five (5) years, or in the county jail for a term of not more
than one (1) year as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, or by a fine not
exceeding One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.

4. Any person who fails to repay a crusher the full amount
received from the sale of a vehicle or other property after being
officially notified by a peace officer or the Commission that the
vehicle or other property the person sold to the crusher was stolen
shall be guilty of a misdemeanor and upon conviction shall be
punished by imprisonment in the county jail for a term of not to
exceed six (6) months, or a fine not to exceed One Thousand Dollars
($1,000.00), or by both such fine and imprisonment.

C. Injunctive Action. The Commission may institute, in the
name of the State of Oklahoma ex rel. Oklahoma Used Motor Vehicle,
Dismantler, and Manufactured Housing Commission, any necessary
action to enjoin any person, firm, or corporation from engaging in
the business of a crusher without a license, or for any violations
of this act. An injunction shall issue without the requirement of a
bond of any kind from the state. The venue of any action authorized
by this section shall be in the county wherein the business activity
complained of is conducted.

SECTION 271. AMENDATORY 47 O.S. 2021, Section 1503, is
amended to read as follows:

Section 1503. A. Any person who knowingly and with intent that
a violation of this section be committed:

1. Owns, operates, or conducts a chop shop;

2. Transports any motor vehicle or motor vehicle part to or
from a location knowing it to be a chop shop; or

ENR. H. B. NO. 2104 Page 289
3. Sells, transfers, purchases, or receives any motor vehicle
or motor vehicle part either to or from a location knowing it to be
a chop shop,

upon conviction, is guilty of a Class C2 felony offense, punishable
by imprisonment for not more than ten (10) years as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or by a fine of not more than One Hundred Thousand Dollars
($100,000.00), or both such imprisonment and fine.

B. Any person who knowingly alters, counterfeits, defaces,
destroys, disguises, falsifies, forges, obliterates, or knowingly
removes a vehicle identification number, with the intent to
misrepresent the identity or prevent the identification of a motor
vehicle or motor vehicle part, upon conviction is guilty of a Class
C2 felony offense, punishable by imprisonment for not more than ten
(10) years as provided for in subsections B through F of Section 20M
of Title 21 of the Oklahoma Statutes, or by a fine of not more than
One Hundred Thousand Dollars ($100,000.00), or both such
imprisonment and fine.

C. 1. Any person who buys, disposes, sells, transfers, or
possesses a motor vehicle or motor vehicle part, with knowledge that
the vehicle identification number of the motor vehicle or motor
vehicle part has been altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated, or removed, upon
conviction is guilty of a Class D1 felony offense, punishable by
imprisonment for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Fifty Thousand Dollars
($50,000.00), or by both such imprisonment and fine.

2. The provisions of paragraph 1 of this subsection shall not
apply to a motor vehicle scrap processor who, in the normal legal
course of business and in good faith, processes a motor vehicle or
motor vehicle part by crushing, compacting, or other similar
methods, provided that any vehicle identification number is not
removed from the motor vehicle or motor vehicle part prior to or
during any such processing.

3. The provisions of paragraph 1 of this subsection shall not
apply to any owner or authorized possessor of a motor vehicle or
motor vehicle part which has been recovered by law enforcement
authorities after having been stolen or where the condition of the
vehicle identification number of the motor vehicle or motor vehicle
ENR. H. B. NO. 2104 Page 290
part is known to or has been reported to law enforcement
authorities. It shall be presumed that law enforcement authorities
have knowledge of all vehicle identification numbers on a motor
vehicle or motor vehicle part which are altered, counterfeited,
defaced, disguised, falsified, forged, obliterated, or removed, when
law enforcement authorities deliver or return the motor vehicle or
motor vehicle part to its owner or authorized possessor after it has
been recovered by law enforcement authorities after having been
reported stolen.

D. A person commits an attempt when, with intent to commit a
violation proscribed by subsections A, B or C of this section, the
person does any act which constitutes a substantial step toward the
commission of the violation proscribed by subsections A, B or C of
this section, and upon conviction is guilty of a Class D1 felony
offense, punishable by imprisonment for not more than five (5) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or by a fine of not more than Fifty
Thousand Dollars ($50,000.00), or by both such imprisonment and
fine.

E. A person commits conspiracy when, with an intent that a
violation proscribed by subsections A, B or C of this section be
committed, the person agrees with another to the commission of the
violation proscribed by subsections A, B or C of this section, and
upon conviction is guilty of Class D3 felony offense punishable by
imprisonment for not more than two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Twenty-five Thousand Dollars
($25,000.00), or by both such imprisonment and fine. No person may
be convicted of conspiracy under this section unless an act in
furtherance of such agreement is alleged and proved to have been
committed by that person or a coconspirator.

F. A person commits solicitation when, with intent that a
violation proscribed by subsections A, B or C of this section be
committed, the person commands, encourages, or requests another to
commit the violation proscribed by subsections A, B or C of this
section, and upon conviction is guilty of a Class D3 felony offense,
punishable by imprisonment for not more than two (2) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or by a fine of not more than Ten Thousand
Dollars ($10,000.00), or by both such imprisonment and fine.

ENR. H. B. NO. 2104 Page 291
G. A person commits aiding and abetting when, either before or
during the commission of a violation proscribed by subsections A, B
or C of this section, with the intent to promote or facilitate such
commission, the person aids, abets, agrees or attempts to aid
another in the planning or commission of the violation proscribed by
subsections A, B or C of this section, and upon conviction is guilty
of a Class D3 felony offense, punishable by imprisonment for not
more than one (1) year as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes, or by a fine of
not more than Five Thousand Dollars ($5,000.00), or by both such
imprisonment and fine.

H. A person is an accessory after the fact who maintains,
assists, or gives any other aid to an offender while knowing or
having reasonable grounds to believe the offender to have committed
a violation under subsections A, B, C, D, E, F or G of this section,
and upon conviction is guilty of a Class D3 felony offense
punishable by imprisonment for not more than one (1) year as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or by a fine of not more than Five
Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

I. No prosecution shall be brought, and no person shall be
convicted, of any violation under this section, where acts of the
person, otherwise constituting a violation were done in good faith
in order to comply with the laws or regulations of any state or
territory of the United States, or of the federal government of the
United States.

J. The sentence imposed upon a person convicted of any
violation of this section shall not be reduced to less than one (1)
year imprisonment for a second conviction of any violation, or less
than five (5) years for a third or subsequent conviction of any
violation of this section, and no sentence imposed upon a person for
a second or subsequent conviction of any violation of this section
shall be suspended, or reduced, until such person shall have served
the minimum period of imprisonment provided for herein. A person
convicted of a second or subsequent violation of this section shall
not be eligible for probation, parole, furlough or work release.

K. 1. In addition to any other punishment, a person who
violates this section, shall be ordered to make restitution to the
lawful owner or owners of the stolen motor vehicle or vehicles or
the stolen motor vehicle part or parts, or to the owner's insurer to
the extent that the owner has been compensated by the insurer, and
ENR. H. B. NO. 2104 Page 292
to any other person for any financial loss sustained as a result of
a violation of this section.

Financial loss shall include, but not be limited to, loss of
earnings, out-of-pocket and other expenses, repair and replacement
costs and claims payments. Lawful owner shall include an innocent
bona fide purchaser for value of a stolen motor vehicle or stolen
motor vehicle part who does not know that the motor vehicle or part
is stolen; or an insurer to the extent that such insurer has
compensated a bona fide purchaser for value.

2. The court shall determine the extent and method of
restitution. In an extraordinary case, the court may determine that
the best interests of the victim and justice would not be served by
ordering restitution. In any such case, the court shall make and
enter specific written findings on the record concerning the
extraordinary circumstances presented which militated against
restitution.

SECTION 272. AMENDATORY 51 O.S. 2021, Section 36.5, is
amended to read as follows:

Section 36.5. Every public officer or employee who, in taking
and subscribing to the oath or affirmation required by this act,
states as true any material matter which he knows to be false, shall
be guilty of the felony of perjury, a Class C2 felony offense, and
upon conviction be punished by imprisonment in the state prison for
not less than one (1) year nor more than fourteen (14) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes, and in addition thereto, the person shall
forfeit any public office or employment held by the person.

SECTION 273. AMENDATORY 51 O.S. 2021, Section 36.6, is
amended to read as follows:

Section 36.6. Every public officer or employee having taken and
subscribed to the oath or affirmation required by this act and
having entered upon the duties of his office or employment, who,
while holding his office or while being so employed, advocates by
the medium of teaching, or justifies, directly or indirectly, or
becomes a member of or affiliated with the Communist Party or the
Cominform, or with any party or organization, political or
otherwise, known by him to advocate by the medium of teaching, or
justify, directly or indirectly, revolution, sedition, treason or a
program of sabotage, or the overthrow of the government of the
ENR. H. B. NO. 2104 Page 293
United States or of the State of Oklahoma or a change in the form of
government thereof by force, violence, or other unlawful means,
shall be guilty of a Class C2 felony offense and, upon conviction,
be punished by imprisonment in the state prison for not less than
one (1) year nor more than fourteen (14) years; as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, and in addition thereto, the person shall forfeit his or
her office or employment.

SECTION 274. AMENDATORY 52 O.S. 2021, Section 109, is
amended to read as follows:

Section 109. Any person who shall verify under oath any report,
map or drawing or other statement or document authorized or required
by the provisions of this act, or by any order, rule or regulation
of the Commission made under the provisions of this act to be filed
with the Commission or with the Secretary of the Commission, or with
any other officer, and who files or causes the same to be filed with
the Secretary of the Commission or other officer, which states or
contains any material matter which he knows to be false is guilty of
the felony of perjury, a Class C2 felony offense, and upon
conviction thereof shall be punished by imprisonment in the State
Penitentiary for not less than two (2) years, nor more than ten (10)
years as provided for in subsections B through F of Section 20M of
Title 21 of the Oklahoma Statutes.

SECTION 275. AMENDATORY 52 O.S. 2021, Section 118, is
amended to read as follows:

Section 118. Any member of the Commission, Proration Umpire,
assistant, deputy, agent or employee of the Proration Umpire,
Proration Attorney, or any agent or employee of the Commission who
asks, receives or agrees to receive any gift or gratuity upon any
agreement or understanding that his acts or conduct with respect to
(a) enforcing any provision of this act or of any order, rule, or
regulation of the Commission made under or in pursuance of this act,
or (b) the discharge of any duty by any such officer or person
imposed upon him by the provisions of this act, or by any order,
rule, or regulation of the Commission issued and promulgated under
the provisions of this act, shall be influenced thereby shall be
guilty of a Class C2 felony offense punishable by imprisonment in
the State Penitentiary not exceeding ten (10) years, and by a fine
not exceeding Ten Thousand Dollars ($10,000.00) as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes.
ENR. H. B. NO. 2104 Page 294

SECTION 276. AMENDATORY 63 O.S. 2021, Section 2-407, is
amended to read as follows:

Section 2-407. A. No person shall obtain or attempt to obtain
any preparation excepted from the provisions of the Uniform
Controlled Dangerous Substances Act pursuant to Section 2-313 of
this title in a manner inconsistent with the provisions of paragraph
1 of subsection B of Section 2-313 of this title, or a controlled
dangerous substance or procure or attempt to procure the
administration of a controlled dangerous substance:

1. By fraud, deceit, misrepresentation, or subterfuge;

2. By the forgery of, alteration of, adding any information to
or changing any information on a prescription or of any written
order;

3. By the concealment of a material fact;

4. By the use of a false name or the giving of a false address;
or

5. By knowingly failing to disclose the receipt of a controlled
dangerous substance or a prescription for a controlled dangerous
substance of the same or similar therapeutic use from another
practitioner within the previous thirty (30) days.

B. Except as authorized by this act, a person shall not
manufacture, create, deliver, or possess with intent to manufacture,
create, or deliver or possess a prescription form, an original
prescription form, or a counterfeit prescription form. This shall
not apply to the legitimate manufacture or delivery of prescription
forms, or a person acting as an authorized agent of the
practitioner.

C. Information communicated to a physician in an effort
unlawfully to procure a controlled dangerous substance, or
unlawfully to procure the administration of any such drug, shall not
be deemed a privileged communication.

D. Any person who violates this section is guilty of a Class C2
felony offense punishable by imprisonment for not more than ten (10)
years as provided for in subsections B through F of Section 20M of
Title 21 of the Oklahoma Statutes, by a fine of not more than Ten
ENR. H. B. NO. 2104 Page 295
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment. A second or subsequent offense under this section is
a felony punishable by imprisonment for not less than four (4) years
nor more than twenty (20) years as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, by a
fine of not more than Twenty Thousand Dollars ($20,000.00), or by
both such fine and imprisonment.

E. Convictions for second or subsequent violations of this
section shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.

F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.

SECTION 277. AMENDATORY 63 O.S. 2021, Section 2-503.1,
is amended to read as follows:

Section 2-503.1. A. It is unlawful for any person knowingly or
intentionally to receive or acquire proceeds and to conceal such
proceeds, or engage in transactions involving proceeds, known to be
derived from any violation of the Uniform Controlled Dangerous
Substances Act, Section 2-101 et seq. of this title, or of any
statute of the United States relating to controlled dangerous
substances as defined by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title. This subsection does not
apply to any transaction between an individual and the counsel of
the individual necessary to preserve the right to representation of
the individual, as guaranteed by the Oklahoma Constitution and by
the Sixth Amendment of the United States Constitution. However,
this exception does not create any presumption against or
prohibition of the right of the state to seek and obtain forfeiture
of any proceeds derived from a violation of the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title, or of
any statute of the United States relating to controlled dangerous
substances as defined by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title.

B. It is unlawful for any person knowingly or intentionally to
give, sell, transfer, trade, invest, conceal, transport, or maintain
an interest in or otherwise make available anything of value which
that person knows is intended to be used for the purpose of
ENR. H. B. NO. 2104 Page 296
committing or furthering the commission of any violation of the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title, or of any statute of the United States relating to
controlled dangerous substances as defined by the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title.

C. It is unlawful for any person knowingly or intentionally to
direct, plan, organize, initiate, finance, manage, supervise, or
facilitate the transportation or transfer of proceeds known to be
derived from any violation of the Uniform Controlled Dangerous
Substances Act, Section 2-101 et seq. of this title, or of any
statute of the United States relating to controlled dangerous
substances as defined by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title.

D. It is unlawful for any person knowingly or intentionally to
conduct a financial transaction involving proceeds derived from a
violation of the Uniform Controlled Dangerous Substances Act,
Section 2-101 et seq. of this title, or of any statute of the United
States relating to controlled dangerous substances as defined by the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title, when the transaction is designed in whole or in part
to conceal or disguise the nature, location, source, ownership, or
control of the proceeds known to be derived from a violation of the
Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.
of this title, or of any statute of the United States relating to
controlled dangerous substances as defined by the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title, or to
avoid a transaction reporting requirement under state or federal
law.

E. Any person convicted of violating any of the provisions of
this section is guilty of a Class C2 felony offense and may be
punished by imprisonment for not less than two (2) years nor more
than ten (10) years as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, or by a fine of
not more than Fifty Thousand Dollars ($50,000.00), or by both said
imprisonment and fine.

SECTION 278. AMENDATORY 63 O.S. 2021, Section 2-503.1d,
is amended to read as follows:

Section 2-503.1d. A. No person shall sell, give, transfer,
trade, supply, or provide any money transmitter equipment, as
defined by the Oklahoma Financial Transaction Reporting Act, to any
ENR. H. B. NO. 2104 Page 297
person not licensed by the Oklahoma State Banking Commissioner. Any
person violating the provisions of this section shall be guilty upon
conviction of a misdemeanor, for a first offense, and a Class D1
felony offense for any second or subsequent offense. The
misdemeanor penalty shall be a fine not exceeding Three Thousand
Dollars ($3,000.00), or imprisonment in the county jail not to
exceed one (1) year, or both such fine and imprisonment. The Class
D1 felony penalty shall be imprisonment in the custody of the
Department of Corrections for five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or a fine not exceeding Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment.

B. Any person who encourages, facilitates, or allows access to
any money transmitter equipment in any manner to facilitate any
violation of Section 2-503.1 of Title 63 of the Oklahoma Statutes
this title shall be guilty of a Class C2 felony offense, upon
conviction, punishable as provided in Section 8 of this act for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes.

SECTION 279. AMENDATORY 63 O.S. 2021, Section 2-503.1e,
is amended to read as follows:

Section 2-503.1e. A. Any person who knowingly or intentionally
uses a money services business, as defined by the Oklahoma Financial
Transaction Reporting Act, or an electronic funds transfer network
for any purpose in violation of Section 2-503.1 of Title 63 of the
Oklahoma Statutes this title or Sections 1 2-503.1a through 9 2-
503.1i of this act title, or with intent to facilitate any violation
of the Uniform Controlled Dangerous Substances Act or any statute of
the United States relating to controlled substances, or to commit
any other crime shall be guilty, upon conviction, of a Class C2
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.

B. Any person who, by or through a money services business, as
defined in the Oklahoma Financial Transaction Reporting Act, or an
electronic funds transfer network, knowingly transmits, exchanges,
or processes any securities or negotiable instruments for any
purpose in violation of Section 2-503.1 of Title 63 of the Oklahoma
Statutes this title or Sections 1 2-503.1a through 9 2-503.1i of
this act title shall be guilty, upon conviction, of a Class C2
felony offense and shall be punished by imprisonment as provided for
ENR. H. B. NO. 2104 Page 298
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.

SECTION 280. AMENDATORY 63 O.S. 2021, Section 2-503.1g,
is amended to read as follows:

Section 2-503.1g. A. It shall be unlawful for any person to
structure, assist in structuring, attempt to structure, or attempt
to assist in structuring any transaction with one or more financial
or nonfinancial trades or businesses, to include any importation or
exportation of monetary instruments.

B. It shall be unlawful for any person to structure or assist
in structuring, or attempt to structure or assist in structuring any
transaction with one or more organizations that have a monetary
reporting requirement under federal law or under Title 6 or Sections
2-101 through 2-608 of Title 63 of the Oklahoma Statutes.

C. For purposes of this section, “structuring” means a person
who, acting alone, in conjunction with others, or on behalf of
others, conducts or attempts to conduct one or more transactions in
currency, in any amount, at one or more organizations that have a
monetary reporting requirement under federal law or under Title 6 or
Title 63 of the Oklahoma Statutes, on one or more days, for the
purpose of evading the reporting requirements of any federal law or
any provision of Title 6 or Title 63 of the Oklahoma Statutes
requiring reporting of financial transactions.

D. Any person violating the provisions of this section shall,
upon conviction, be guilty of a Class C2 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes.

SECTION 281. AMENDATORY 68 O.S. 2021, Section 218.1, is
amended to read as follows:

Section 218.1. A. Any person who shall knowingly give a false
or bogus check, as defined in this section, of a value less than
Five Hundred Dollars ($500.00) in payment or remittance of any
taxes, fees, penalties, or interest levied pursuant to any state tax
law shall be, upon conviction, guilty of a misdemeanor punishable by
a fine not to exceed One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a term of not more than one (1)
year, or by both such fine and imprisonment. If the value of the
false or bogus check referred to in this subsection is Five Hundred
ENR. H. B. NO. 2104 Page 299
Dollars ($500.00) or more, such person shall be, upon conviction,
guilty of a Class C2 felony offense punishable by a fine not to
exceed Five Thousand Dollars ($5,000.00), or by imprisonment in the
State Penitentiary for a term of not more than ten (10) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment.

B. Any person who shall knowingly give two or more false or
bogus checks, the total sum of which is Five Hundred Dollars
($500.00) or more, even though each separate instrument is written
for less than Five Hundred Dollars ($500.00), in payment or
remittance of any taxes, fees, penalties, or interest levied
pursuant to any state tax law shall be, upon conviction, guilty of a
Class C2 felony offense punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00) or by imprisonment in the State
Penitentiary for a term of not more than ten (10) years as provided
for in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes, or by both such fine and imprisonment.

C. For purposes of this section, the term “false or bogus check
or checks” shall include any check or order which is not honored on
account of insufficient funds of the maker to pay same, or because
the check or order was drawn on a closed account or on a nonexistent
account. The making, drawing, uttering or delivering of a check or
order, the payment of which is refused by the drawee, shall be prima
facie evidence of the knowledge of insufficient funds, a closed
account, or a nonexistent account with such bank or other depository
drawee. Said term shall not include any check or order not honored
on account of insufficient funds if the maker or drawer shall pay
the drawee thereof the amount due within five (5) days from the date
the same is presented for payment nor any check or order that is not
presented for payment within thirty (30) days after same is
delivered and accepted.

SECTION 282. AMENDATORY 68 O.S. 2021, Section 244, is
amended to read as follows:

Section 244. Any person, or member of any firm or association,
or any official, agent, or employee of any corporation, who shall
knowingly make false answer to any question which may be put to him
by the Tax Commission, touching the business, property, assets, or
effects of any such person, firm, association, or corporation, or
the valuation thereof, or the income or profits therefrom, or who
shall make or present any false affidavit concerning any list,
schedule, statement, report or return, or for any other purpose,
ENR. H. B. NO. 2104 Page 300
filed with said Tax Commission or required to be filed by this title
or by any state tax law, shall be guilty of the felony of perjury, a
Class C2 felony offense, and, upon conviction, shall be punished as
provided for in Section 246 of this title subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes.

SECTION 283. AMENDATORY 68 O.S. 2021, Section 246, is
amended to read as follows:

Section 246. Any person who shall knowingly verify, by oath,
affirmation, or declaration, any false report or false return or
other matter which is false, which by statute is required to be
verified by oath, affirmation, or declaration and filed with the Tax
Commission, shall be guilty, upon conviction, of the felony of
perjury, a Class C2 felony offense, and shall be punished by the
imposition of a fine of not less than Five Hundred Dollars ($500.00)
or more than Five Thousand Dollars ($5,000.00), or by imprisonment
in the county jail for not less than ninety (90) days or more than
one (1) year or by imprisonment in a state correctional institution
for not less than ninety (90) days, or more than ten (10) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes.

SECTION 284. AMENDATORY 68 O.S. 2021, Section 317, is
amended to read as follows:

Section 317. (a) A. Any person who shall, without the
authorization of the Tax Commission, make or manufacture, or who
shall falsely or fraudulently forge, counterfeit, reproduce, or
possess any stamps, impression, copy, facsimile, or other evidence
for the purpose of indicating the payment of the tax levied by the
Cigarette Stamp Tax Law, Sections 301 through 325, Title 68 of the
Oklahoma Statutes of this title, prescribed for use in the
administration of this article, or who shall knowingly or by any
deceptive act use or pass, or tender as true, or affix, impress or
imprint, by use of any device, rubber stamp or by any other means,
on any package containing cigarettes, any unauthorized, false,
altered, forged, counterfeit or previously used stamps, impressions,
copies, facsimiles or other evidence of cigarette tax payment, shall
be guilty of a Class C2 felony offense, and upon conviction thereof
shall be punished by imprisonment in the State Penitentiary for a
term of not more than twenty (20) years as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Ten Thousand Dollars
($10,000.00), or by both such imprisonment and fine.
ENR. H. B. NO. 2104 Page 301

(b) B. Each person violating any other provision of this
article shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by imprisonment in the county jail for a
period of not more than twelve (12) months, or by a fine of not more
than Five Hundred Dollars ($500.00), or by both such imprisonment
and fine.

SECTION 285. AMENDATORY 71 O.S. 2021, Section 1-301, as
amended by Section 12, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 1-301), is amended to read as follows:

Section 1-301. It is unlawful and shall be deemed a Class C2
felony offense for a person to offer or sell a security in this
state unless:

1. The security is a federal covered security;

2. The security, transaction, or offer is exempted from
registration under Sections 1-201 through 1-203 of this title; or

3. The security is registered under this title.

SECTION 286. AMENDATORY 71 O.S. 2021, Section 1-308, as
amended by Section 19, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 1-308), is amended to read as follows:

Section 1-308. A. In addition to all other applicable
registration provisions specified in this act, investment
certificate issuers are subject to the provisions of this section.
As used in this section:

1. "Investment certificate" means thrift certificates,
certificates of deposit, savings obligations and similar
certificates or obligations issued and sold by an investment
certificate issuer as defined in paragraph 2 of this subsection; and

2. "Investment certificate issuer" means any financial
institution or person, other than a federally or state chartered
bank, bank holding company, trust company or savings and loan
association, or any credit union, which accepts investor funds or
deposits in exchange for the issuance of investment certificates;
provided, however, the term "investment certificate issuer" shall
not include a financial institution or person which, as of November
1, 1985, issued only the following securities:
ENR. H. B. NO. 2104 Page 302

a. investment certificates exempt under the provisions of
Sections 1-201 through 1-203 of this title,

b. investment certificates registered by coordination
under Section 1-303 of this title, or

c. any other security as to which the Administrator, by
rule or order, finds that registration is not
necessary or appropriate for the protection of
investors.

Nothing contained in this act shall be construed as precluding
an investment certificate issuer from qualifying for and relying
upon any of the exemptions from the provisions of Sections 1-301 and
1-504 of this title as contained in Sections 1-201 through 1-203 of
this title.

B. In addition to other powers conferred by this act, the
Administrator shall have power to require an investment certificate
issuer to:

1. Cause its books and records to be made available at its
offices and to provide to the Department a trial balance within five
(5) days of the commencement of any examination. The books and
records shall be audited at least once each year by an independent
certified public accountant in accordance with generally accepted
auditing standards, and the report thereof, including financial
statements prepared in accordance with generally accepted accounting
principles, furnished to the Administrator in such form as he or she
may require;

2. Observe methods and standards, including classification
standards of loans, which the Administrator may prescribe by rule
adopted and promulgated pursuant to the Administrative Procedures
Act for determining the value of various types of assets;

3. Maintain its accounting systems and procedures in accordance
with such regulations as adopted and promulgated by the
Administrator pursuant to the Administrative Procedures Act;
provided, the accounting system required shall have due regard to
the size of the investment certificate issuer;

4. Charge off the whole or any part of an asset, the value of
which, at the time of the Administrator's action, has deteriorated
ENR. H. B. NO. 2104 Page 303
for reasons set forth by the Administrator by rule adopted and
promulgated pursuant to the Administrative Procedures Act; and

5. Write down an asset to market value as prescribed by the
Administrator by rule adopted and promulgated pursuant to the
Administrative Procedures Act.

C. Every investment certificate issuer shall obtain from the
Administrator a written acknowledgment, issued in accordance with
procedures adopted and promulgated pursuant to the Administrative
Procedures Act, that the investment certificate issuer engages in
the business of accepting investor funds or deposits in exchange for
the issuance of investment certificates. Any investment certificate
issuer who obtains such an acknowledgment shall be subject to this
section and shall possess all the rights, powers and privileges and
shall be subject to all of the duties, restrictions and limitations
contained herein. No company or person who fails to obtain such
acknowledgment within ninety (90) days of the effective date of the
adoption by the Administrator of procedures governing the issuance
of a written acknowledgment shall possess or exercise, unless
expressly given and possessed or exercised under other laws, any of
the benefits, rights, powers or privileges which are herein
conferred on investment certificate issuers. Any company or person
who fails to obtain a written acknowledgment as described herein may
not engage in the business of issuing investment certificates.

D. Any officer, director or employee of an investment
certificate issuer found by the Administrator to be dishonest,
reckless, unfit to participate in the conduct of the affairs of the
institution, or practicing a continuing disregard or violation of
laws, rules, regulations or orders which are likely to cause
substantial loss to the company or likely to seriously weaken the
condition of the company shall be removed immediately from office by
the board of directors of the investment certificate issuer of which
he or she is an officer, director or employee, on the written order
of the Administrator; provided, that the investment certificate
issuer or officer, employee, or director may within ten (10) days
file a notice of protest for the removal with the Commission, and as
soon as possible thereafter, the Commission will review the order of
the Administrator and make findings as it deems proper, and that,
pending said time, the officer, employee or director shall not
perform any of the duties of his office.

E. An investment certificate issuer shall not, without the
consent of the Administrator:
ENR. H. B. NO. 2104 Page 304

1. Make a loan to any of its stockholders owning twenty-five
percent (25%) or more of the stock of the investment certificate
issuer, or its officers or directors;

2. Make a loan to any employee in excess of Ten Thousand
Dollars ($10,000.00); or

3. Make a loan to or other investment in or purchase any asset
from any company in which any of its officers, directors or
stockholders may have any direct or indirect interest, unless made
in an arm's length transaction.

F. An investment certificate issuer shall not, without the
consent of the Administrator:

1. Lend money in excess of ten percent (10%) of its
shareholders' equity to any person, association, partnership or
corporation liable for such obligations; provided, however, that
this limitation does not apply to the purchase of investment
securities; or

2. Engage in, or acquire any interest in, any business
prohibited to a bank chartered under the laws of this state.

G. The shareholders' equity of an investment certificate issuer
shall not be less than ten percent (10%) of the investment
certificates outstanding. Provided, an investment certificate
issuer lawfully incorporated and operating in this state on or
before November 1, 1985, with less than the above specified
shareholders' equity shall, at the beginning of each fiscal year
thereafter, increase its shareholders' equity by a minimum of one-
fourth (1/4) the difference between its shareholders' equity on
November 1, 1985, and the above specified amount until such time as
its shareholders' equity equals or exceeds the amount specified
above. For purposes of computing the shareholders' equity, the
reserve against bad debts shall be included.

H. Every investment certificate issuer shall maintain a reserve
against bad debts in an amount required by the Administrator by rule
adopted and promulgated pursuant to the Administrative Procedures
Act, but in no event shall the reserve against bad debts be less
than two percent (2%) of total loans outstanding.

ENR. H. B. NO. 2104 Page 305
I. If the Administrator finds the capital of an investment
certificate issuer to be impaired according to the standard set
forth in subsection G of this section, the Administrator may:

1. Give notice of the impairment to the directors and
shareholders of the investment certificate issuer and levy an
assessment in a designated amount upon the holders of record of the
investment certificate issuer's stock to remedy an impairment of
capital. Upon receipt of an order to levy an assessment, the
directors shall cause to be sent to all holders of stock, at their
addresses as listed on the books of the investment certificate
issuer, a notice of the amount of the assessment and a copy of this
subsection. If an assessment is not paid within ninety (90) days
after the order is mailed, the Administrator, at his or her
discretion, may offer the shares of the defaulting stockholders for
sale at public auction at a price which shall not be less than the
amount of the assessment and the cost of the sale; or

2. Apply to the district court of any county where the assets
of the investment certificate issuer are located for an order
appointing a conservator of, and directing him to rehabilitate, the
investment certificate issuer. If all reasonable efforts to
rehabilitate the investment certificate issuer fail, the
Administrator may apply to the court for an order directing the
appointment of a liquidator to dissolve any such issuer and
liquidate its assets. All rights and interests of the stockholders
in the stock, property and assets of such investment certificate
issuer are thereby terminated except the rights of stockholders to
the proceeds of liquidation, if any, after all other valid claims,
including interest, against the assets of the investment certificate
issuer and the proceeds of liquidation have been satisfied. The
conservator or liquidator appointed under this subsection shall meet
qualifications established by the Administrator by rule adopted and
promulgated pursuant to the Administrative Procedures Act.

J. Whenever the capital or reserve of any investment
certificate issuer shall be impaired according to the standards set
forth in subsections G and H of this section, the investment
certificate issuer shall make no new loans, renew any investment
certificates or sell new investment certificates without the consent
of the Administrator.

K. 1. It shall be unlawful and shall be deemed a Class C2
felony offense for any investment certificate issuer to issue
investment certificates when insolvent.
ENR. H. B. NO. 2104 Page 306

2. Every officer, director, principal stockholder, or every
other person who materially participates or aids in the issuance of
an investment certificate in violation of this subsection, or who
directly or indirectly controls any such person, shall be jointly
and severally liable, unless the officer, director, principal
stockholder, or any other person who so participates, aids or
controls, sustains the burden of proof that the person did not know,
and could not have known, of the existence of the facts by reason of
which liability is alleged to exist. There shall be contribution as
in cases of contract among the persons so liable.

3. The rights and remedies provided for in this subsection are
in addition to any other rights or remedies provided for in Title 71
of the Oklahoma Statutes, or that may exist at law or in equity.

L. The Administrator may as often as he or she deems it prudent
and necessary for the protection of the public, make or cause to be
made examinations of the books, records, papers, assets and
liabilities of every kind and character owned by, or relating to,
every investment certificate issuer.

M. Every investment certificate issuer shall make and file with
the Administrator reports at such times and in such form as the
Administrator may prescribe by rule or order. The reports shall be
verified by the oath of either the president, the vice-president, or
the secretary and attested by the signature of two or more of the
directors. Each report shall exhibit in detail, as may be required
by the Administrator, the resources and liabilities of the
investment certificate issuer at the close of business on the day to
be specified by the Administrator.

N. Every investment certificate issuer whose investor funds or
deposits are not insured by an agency of the government shall
disclose on the face of each investment certificate in ten-point
type the following:

"This certificate is not insured by the Federal Deposit
Insurance Corporation or any other agency of the government."

SECTION 287. AMENDATORY 71 O.S. 2021, Section 1-401, is
amended to read as follows:

Section 1-401. A. It is unlawful and shall be deemed a Class
C2 felony offense for a person to transact business in this state as
ENR. H. B. NO. 2104 Page 307
a broker-dealer, unless the person is registered under this act as a
broker-dealer or is exempt from registration as a broker-dealer
under subsection B or D of this section.

B. The following persons are exempt from the registration
requirement of subsection A of this section:

1. A broker-dealer without a place of business in this state if
its only transactions effected in this state are with:

a. the issuer of the securities involved in the
transactions,

b. a broker-dealer registered under this act or a broker-
dealer not required to be registered as a broker-
dealer under this act,

c. an institutional investor,

d. a nonaffiliated federal covered investment adviser
with investments under management in excess of One
Hundred Million Dollars ($100,000,000.00) acting for
the account of others pursuant to discretionary
authority in a signed record,

e. a bona fide preexisting customer whose principal place
of residence is not in this state and the person is
registered as a broker-dealer under the Securities
Exchange Act of 1934 or not required to be registered
under the Securities Exchange Act of 1934 and is
registered under the securities act of the state in
which the customer maintains a principal place of
residence,

f. a bona fide preexisting customer whose principal place
of residence is in this state but was not present in
this state when the customer relationship was
established, if:

(1) the broker-dealer is registered under the
Securities Exchange Act of 1934 or the broker-
dealer is not required to be registered under the
Securities Exchange Act of 1934 and is registered
under the securities laws of the state in which
the customer relationship was established and
ENR. H. B. NO. 2104 Page 308
where the customer had maintained a principal
place of residence, and

(2) within forty-five (45) days after the customer's
first transaction in this state, the person files
an application for registration as a broker-
dealer in this state and a further transaction is
not effected more than seventy-five (75) days
after the date on which the application is filed,
or, if earlier, the date on which the
Administrator notifies the person that the
Administrator has denied the application for
registration or has stayed the pendency of the
application for cause, and

g. not more than three customers in this state during the
previous twelve (12) months, in addition to those
specified in subparagraphs a through f of this
paragraph, if the broker-dealer is registered under
the Securities Exchange Act of 1934 or not required to
be registered under the Securities Exchange Act of
1934 and is registered under the securities act of the
state in which the broker-dealer has its principal
place of business;

2. A person that deals solely in United States government
securities and is supervised as a dealer in government securities by
the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Federal Deposit Insurance
Corporation, or the Office of Thrift Supervision; and

3. Any other person exempted by rule or order under this act.

C. It is unlawful and shall be deemed a Class C2 felony offense
for a broker-dealer, or for an issuer engaged in offering, offering
to purchase, purchasing, or selling securities in this state,
directly or indirectly, to employ or associate with an individual to
engage in an activity related to securities transactions in this
state if the registration of the individual is suspended or revoked
under this act; or the individual is barred from employment or
association with a broker-dealer, an issuer, an investment adviser
or a federal covered investment adviser by an order of the
securities regulator of a state, the Securities and Exchange
Commission, or a self-regulatory organization. A broker-dealer or
issuer does not violate this subsection if the broker-dealer or
ENR. H. B. NO. 2104 Page 309
issuer did not know, and in the exercise of reasonable care could
not have known, of the suspension, revocation, or bar. Upon request
from a broker-dealer or issuer and for good cause shown, an order
under this act may modify or waive the prohibitions of this
subsection.

D. A rule adopted or order issued under this act may permit:

1. A broker-dealer that is registered in Canada or other
foreign jurisdiction and that does not have a place of business in
this state to effect transactions in securities with or for, or
attempt to effect the purchase or sale of any securities by:

a. an individual from Canada or other foreign
jurisdiction that is temporarily present in this state
and with whom the broker-dealer had a bona fide
customer relationship before the individual entered
the United States,

b. an individual from Canada or other foreign
jurisdiction who is present in this state and whose
transactions are in a self-directed tax advantaged
retirement plan of which the individual is the holder
or contributor in that foreign jurisdiction, or

c. an individual who is resident in this state, with whom
the broker-dealer customer relationship arose while
the individual was temporarily or permanently resident
in Canada or the other foreign jurisdiction; and

2. An agent who represents a broker-dealer, that is exempt
under this subsection to effect transactions in securities or
attempt to effect the purchase or sale of any securities in this
state as permitted for a broker-dealer described in paragraph 1 of
this subsection.

SECTION 288. AMENDATORY 71 O.S. 2021, Section 1-402, as
amended by Section 20, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 1-402), is amended to read as follows:

Section 1-402. A. It is unlawful and shall be deemed a Class
C2 felony offense for an individual to transact business in this
state as an agent unless the individual is registered under this act
as an agent or is exempt from registration as an agent under
subsection B of this section.
ENR. H. B. NO. 2104 Page 310

B. The following individuals are exempt from the registration
requirement of subsection A of this section:

1. An individual who represents a broker-dealer in effecting
transactions in this state limited to those described in Section
15(i)(3) of the Securities Exchange Act of 1934 (15 U.S.C. Section
78o(i)(3));

2. An individual who represents a broker-dealer that is exempt
under subsection B or D of Section 1-401 of this title;

3. An individual who represents an issuer with respect to an
offer or sale of the issuer's own securities or those of the
issuer's parent or any of the issuer's subsidiaries to existing
employees, partners, members or directors of the issuer or the
issuer's parent or any of the issuer's subsidiaries, and who is not
compensated in connection with the individual's participation by the
payment of commissions or other remuneration based, directly or
indirectly, on transactions in those securities;

4. An individual who represents an issuer and who effects
transactions in the issuer's securities exempted by Section 1-202 of
this title, other than paragraphs 11 and 14 of Section 1-202 of this
title;

5. An individual who represents an issuer who effects
transactions solely in federal covered securities of the issuer, but
an individual who effects transactions in a federal covered security
under Section 18(b)(3) or 18(b)(4)(F) of the Securities Act of 1933
(15 U.S.C. Section 77r(b)(3) or 77r(b)(4)(F)) is not exempt if the
individual is compensated in connection with the agent's
participation by the payment of commissions or other remuneration
based, directly or indirectly, on transactions in those securities;

6. An individual who represents a broker-dealer registered in
this state under subsection A of Section 1-401 of this title or
exempt under subsection B of Section 1-401 of this title in the
offer and sale of securities for an account of a nonaffiliated
federal covered investment adviser with investments under management
in excess of One Hundred Million Dollars ($100,000,000.00) acting
for the account of others pursuant to discretionary authority in a
signed record;

ENR. H. B. NO. 2104 Page 311
7. An individual who represents an issuer in connection with
the purchase of the issuer's own securities;

8. An individual who represents an issuer and who restricts
participation to performing ministerial or clerical work; or

9. Any other individual exempted by rule adopted or order
issued under this act.

C. The registration of an agent is effective only while the
agent is employed by or associated with a broker-dealer registered
under this act or an issuer that is offering, selling or purchasing
its securities in this state.

D. It is unlawful and shall be deemed a Class C2 felony offense
for a broker-dealer, or an issuer engaged in offering, selling, or
purchasing securities in this state, to employ or associate with an
agent who transacts business in this state on behalf of broker-
dealers or issuers unless the agent is registered under subsection A
of this section or exempt from registration under subsection B of
this section.

E. Unless prohibited by rule adopted or order issued under this
act, an individual may act as an agent for more than one broker-
dealer or more than one issuer at a time.

F. It is unlawful and shall be deemed a Class C2 felony offense
for an individual acting as an agent, directly or indirectly, to
conduct business in this state on behalf of a broker-dealer or
issuer if the registration of the individual as an agent is
suspended or revoked under this act; or the individual is barred
from employment or association with a broker-dealer by an order
under this act, the Securities and Exchange Commission, or a self-
regulatory organization; or the individual is subject to an order of
a court of competent jurisdiction temporarily, preliminarily or
permanently enjoining such individual from conducting business in
this state on behalf of a broker-dealer or issuer.

SECTION 289. AMENDATORY 71 O.S. 2021, Section 1-403, as
amended by Section 21, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 1-403), is amended to read as follows:

Section 1-403. A. It is unlawful and shall be deemed a Class
C2 felony offense for a person to transact business in this state as
an investment adviser unless the person is registered under this act
ENR. H. B. NO. 2104 Page 312
as an investment adviser or is exempt from registration as an
investment adviser under subsection B of this section.

B. The following persons are exempt from the registration
requirement of subsection A of this section:

1. A federal covered investment adviser;

2. A person without a place of business in this state that is
registered under the securities act of the state in which that
person has its principal place of business if its only clients in
this state are:

a. federal covered investment advisers, investment
advisers registered under this act, or broker-dealers
registered under this act,

b. institutional investors,

c. bona fide preexisting clients whose principal places
of residence are not in this state if the investment
adviser is registered under the securities act of the
state in which the clients maintain principal places
of residence, or

d. any other client exempted by rule adopted or order
issued under this act;

3. A person without a place of business in this state if the
person has had, during the preceding twelve (12) months, not more
than five clients that are residents of this state in addition to
those specified under paragraph 2 of this subsection; or

4. Any other person exempted by rule adopted or order issued
under this act.

C. It is unlawful and shall be deemed a Class C2 felony offense
for an investment adviser, directly or indirectly, to employ or
associate with an individual to engage in an activity related to
investment advice in this state if the registration of the
individual is suspended or revoked under this act, or the individual
is barred from employment or association with an investment adviser,
federal covered investment adviser, or broker-dealer by an order
under this act, the Securities and Exchange Commission, or a self-
regulatory organization, unless the investment adviser did not know,
ENR. H. B. NO. 2104 Page 313
and in the exercise of reasonable care could not have known, of the
suspension, revocation, or bar. Upon request from the investment
adviser and for good cause, the Administrator, by order, may waive,
in whole or in part, the application of the prohibitions of this
subsection to the investment adviser.

D. It is unlawful and shall be deemed a Class C2 felony offense
for an investment adviser to employ or associate with an individual
required to be registered under this act as an investment adviser
representative who transacts business in this state on behalf of the
investment adviser unless the individual is registered under
subsection A of Section 1-404 of this title or is exempt from
registration under subsection B of Section 1-404 of this title.

E. The exemption from registration provided by subparagraph b
of paragraph 2 of subsection B of this section shall not be
available to any person who acts as an investment adviser to the
state, any county, municipality or school district of this state, or
any other political subdivision of this state; any agency or
corporate or other instrumentality of any such entity; or any
pension fund for the benefit of employees of any such entity, unless
registered with the Securities and Exchange Commission and the
Municipal Securities Rulemaking Board.

SECTION 290. AMENDATORY 71 O.S. 2021, Section 1-404, as
amended by Section 22, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 1-404), is amended to read as follows:

Section 1-404. A. It is unlawful and shall be deemed a Class
C2 felony offense for an individual to transact business in this
state as an investment adviser representative unless the individual
is registered under this act as an investment adviser representative
or is exempt from registration as an investment adviser
representative under subsection B of this section.

B. The following individuals are exempt from the registration
requirement of subsection A of this section:

1. An individual who is employed by or associated with an
investment adviser that is exempt from registration under subsection
B of Section 1-403 of this title unless the individual has a place
of business in this state or is not a "supervised person" as that
term is defined in Section 202(a)(25) of the Investment Advisers Act
of 1940 (15 U.S.C. Section 80b-2(a)(25)); and

ENR. H. B. NO. 2104 Page 314
2. Any other individual exempted by rule adopted or order
issued under this act.

C. The registration of an investment adviser representative is
not effective while the investment adviser representative is not
employed by or associated with an investment adviser registered
under this act or a federal covered investment adviser that has made
or is required to make a notice filing under Section 1-405 of this
title.

D. An individual may transact business as an investment adviser
representative for more than one investment adviser or federal
covered investment adviser at a time unless a rule adopted or order
issued under this act prohibits or limits an individual from acting
as an investment adviser representative for more than one investment
adviser or federal covered investment adviser.

E. It is unlawful and shall be deemed a Class C2 felony offense
for an individual acting as an investment adviser representative,
directly or indirectly, to conduct business in this state on behalf
of an investment adviser or a federal covered investment adviser if
the registration of the individual as an investment adviser
representative is suspended or revoked; or the individual is barred
from employment or association with an investment adviser or a
federal covered investment adviser by an order under this act, the
Securities and Exchange Commission, or a self-regulatory
organization; or the individual is subject to an order of a court of
competent jurisdiction temporarily, preliminarily or permanently
enjoining such individual from conducting business in this state on
behalf of an investment adviser or a federal covered investment
adviser. Upon request from a federal covered investment adviser and
for good cause, the Administrator, by order issued, may waive, in
whole or in part, the application of the requirements of this
subsection to the federal covered investment adviser.

F. An investment adviser registered under this act, a federal
covered investment adviser that has filed a notice under Section 1-
405 of this title, or a broker-dealer registered under this act is
not required to employ or associate with an individual as an
investment adviser representative for the referral of investment
advisory clients so long as any compensation paid by such persons
for such referral is paid to an investment adviser registered under
this act, a federal covered investment adviser who has filed a
notice under Section 1-405 of this title, or a broker-dealer
ENR. H. B. NO. 2104 Page 315
registered under this act with which the individual is employed or
associated as an investment adviser representative.

SECTION 291. AMENDATORY 71 O.S. 2021, Section 1-501, is
amended to read as follows:

Section 1-501. It is unlawful and shall be deemed a Class C2
felony offense for a person, in connection with the offer, sale, or
purchase of a security, directly or indirectly:

1. To employ a device, scheme, or artifice to defraud;

2. To make an untrue statement of a material fact or to omit to
state a material fact necessary in order to make the statement made,
in the light of the circumstances under which it is made, not
misleading; or

3. To engage in an act, practice, or course of business that
operates or would operate as a fraud or deceit upon another person.

SECTION 292. AMENDATORY 71 O.S. 2021, Section 1-502, is
amended to read as follows:

Section 1-502. A. It is unlawful and shall be deemed a Class
C2 felony offense for a person that advises others, for
compensation, either directly or indirectly, or through publications
or writings, as to the value of securities or the advisability of
investing in, purchasing or selling securities, or that, for
compensation and as part of a regular business, issues or
promulgates analyses or reports concerning securities:

1. To employ a device, scheme, or artifice to defraud another
person;

2. To make an untrue statement of a material fact or to omit to
state a material fact necessary in order to make the statement made,
in the light of the circumstances under which it is made, not
misleading; or

3. To engage in an act, practice, or course of business that
operates or would operate as a fraud or deceit upon another person.

B. 1. A rule adopted under this act may define an act,
practice, or course of business of an investment adviser or an
investment adviser representative as fraudulent, deceptive or
ENR. H. B. NO. 2104 Page 316
manipulative, and prescribe means reasonably designed to prevent
investment advisers and investment adviser representatives from
engaging in acts, practices, and courses of business defined as
fraudulent, deceptive, or manipulative.

2. A rule adopted or order issued under this act may specify
the contents of an investment advisory contract entered into,
extended, or renewed by an investment adviser.

SECTION 293. AMENDATORY 71 O.S. 2021, Section 1-505, is
amended to read as follows:

Section 1-505. It is unlawful and shall be deemed a Class C2
felony offense for a person to make or cause to be made, in a record
that is used in an action or proceeding or filed under this act, a
statement that, at the time and in the light of the circumstances
under which it is made, is false or misleading in a material
respect, or, in connection with the statement, to omit to state a
material fact necessary in order to make the statement made, in the
light of the circumstances under which it was made, not false or
misleading.

SECTION 294. AMENDATORY 71 O.S. 2021, Section 1-506, is
amended to read as follows:

Section 1-506. The filing of an application for registration, a
registration statement, or a notice filing under this act, or the
registration of a person or security under this act, does not
constitute a finding by the Administrator that a record filed under
this act is true, complete, and not misleading. The filing or
registration or the availability of an exemption, exception,
preemption, or exclusion for a security or a transaction does not
mean that the Administrator has passed upon the merits or
qualifications of, or recommended or given approval to, a person,
security, or transaction. It is unlawful and shall be deemed a
Class C2 felony offense to make, or cause to be made, to a
purchaser, customer, client, or prospective customer or client, a
representation inconsistent with this section.

SECTION 295. AMENDATORY 71 O.S. 2021, Section 1-508, as
amended by Section 31, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 1-508), is amended to read as follows:

Section 1-508. A. A person who willfully violates this act, or
a rule adopted or order issued under this act, except Section 1-504
ENR. H. B. NO. 2104 Page 317
of this title or the notice filing requirements of Section 1-302 or
1-405 of this title, or that willfully violates Section 1-505 of
this title knowing the statement made to be false or misleading in a
material respect, upon conviction, shall be guilty of a Class C2
felony offense and shall be fined not more than One Hundred Thousand
Dollars ($100,000.00), or imprisoned not more than ten (10) years as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes, or both such fine and imprisonment. An
individual convicted of violating a rule adopted or order issued
under this act may be fined, but may not be imprisoned, if the
individual did not have knowledge of the rule or order.

B. This act does not limit the power of this state to punish a
person for conduct that constitutes a crime under other laws of this
state.

C. On a criminal matter referred by the Administrator, the
prosecuting attorney may designate and appoint one or more lawyers
of the Department as special assistants as available for the purpose
of assisting in or conducting a criminal prosecution arising by
reason of an investigation or proceeding under this section.

SECTION 296. AMENDATORY 71 O.S. 2021, Section 806, is
amended to read as follows:

Section 806. It is unlawful and shall be deemed a Class C2
felony offense for any person to offer or sell any business
opportunity, as defined in Section 802 of this title, in this state
unless the business opportunity is registered under the provisions
of the Oklahoma Business Opportunity Sales Act or is exempt under
Section 803 of this title.

SECTION 297. AMENDATORY 71 O.S. 2021, Section 808, is
amended to read as follows:

Section 808. A. It shall be unlawful and shall be deemed a
Class C2 felony offense for any person to offer or sell any business
opportunity required to be registered pursuant to the Oklahoma
Business Opportunity Sales Act unless a written disclosure document
as filed pursuant to Section 807 of this title is delivered to each
purchaser at least ten (10) business days prior to the execution by
a purchaser of any contract or agreement imposing a binding legal
obligation on the purchaser or the payment by a purchaser of any
consideration in connection with the offer or sale of the business
opportunity.
ENR. H. B. NO. 2104 Page 318

B. The disclosure document shall have a cover sheet which is
entitled, in at least ten-point bold type, "DISCLOSURE REQUIRED BY
THE STATE OF OKLAHOMA". Under the title shall appear the statement
in at least ten-point type that "THE REGISTRATION OF THIS BUSINESS
OPPORTUNITY DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR
ENDORSEMENT BY THE STATE OF OKLAHOMA. THE INFORMATION CONTAINED IN
THIS DISCLOSURE DOCUMENT HAS NOT BEEN VERIFIED BY THIS STATE. IF
YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS INVESTMENT, SEEK
PROFESSIONAL ADVICE BEFORE YOU SIGN A CONTRACT OR MAKE ANY PAYMENT.
YOU ARE TO BE PROVIDED TEN (10) BUSINESS DAYS TO REVIEW THIS
DOCUMENT BEFORE SIGNING ANY CONTRACT OR AGREEMENT OR MAKING ANY
PAYMENT TO THE SELLER OR THE SELLER'S REPRESENTATIVE". The seller's
name and principal business address, along with the date of the
disclosure document shall also be provided on the cover sheet. No
other information shall appear on the cover sheet. The disclosure
document shall contain the following information unless the seller
uses a disclosure document as provided in Section 807 of this title:

1. The names and residential addresses of those salespersons
who will engage in the offer or sale of the business opportunity in
this state;

2. The name of the seller; whether the seller is doing business
as an individual, partnership, corporation, limited liability
company, or any other form of business entity; the names under which
the seller has done, is doing or intends to do business; and the
name of any parent or affiliated company that will engage in
business transactions with purchasers or which will take
responsibility for statements made by the seller;

3. The names, addresses and titles of the seller's officers,
directors, trustees, general managers, principal executives, agents
and any other persons charged with responsibility for the seller's
business activities relating to the sale of the business
opportunity;

4. Prior business experience of the seller relating to business
opportunities including:

a. the name, address and a description of any business
opportunity previously offered by the seller,

b. the length of time the seller has offered each such
business opportunity, and
ENR. H. B. NO. 2104 Page 319

c. the length of time the seller has conducted the
business opportunity currently being offered to the
purchaser;

5. With respect to persons identified in paragraph 3 of
subsection B of this section:

a. a description of the persons' business experience for
the ten-year period preceding filing date of the
disclosure document. The description of business
experience shall list principal occupations and
employers, and

b. a listing of the persons' educational and professional
backgrounds, including the names of schools attended
and degrees received, and any other information that
will demonstrate sufficient knowledge and experience
to perform the services proposed;

6. Whether the seller or any person identified in paragraph 3
of subsection B of this section:

a. has been convicted of any felony, has pleaded nolo
contendere to a felony charge or has been the subject
of any criminal, civil or administrative proceedings
alleging: The violation of any business opportunity
law, securities law, commodities law, franchise law,
fraud or deceit, embezzlement, fraudulent conversion,
restraint of trade, unfair or deceptive practices,
misappropriation of property or comparable
allegations; or

b. has filed in bankruptcy, been adjudged bankrupt, been
reorganized due to insolvency, or was an owner,
principal officer or general partner of any other
person that has so filed or was so adjudged or
reorganized during or within seven (7) years of the
date of the disclosure document;

7. The name(s) of the person(s) identified in paragraph 6 of
subsection B of this section, nature of and parties to the action or
proceeding, court or other forum, date of the institution of the
action, docket reference to the action, current status of the action
ENR. H. B. NO. 2104 Page 320
or proceeding, terms and conditions or any order or decree, the
penalties or damages assessed and terms of settlement;

8. The initial payment required, or when the exact amount
cannot be determined, a detailed estimate of the amount of the
initial payment to be made to the seller;

9. A detailed description of the actual services the seller
agrees to perform for the purchaser;

10. A detailed description of any training the seller agrees to
provide for the purchaser;

11. A detailed description of services the seller agrees to
perform in connection with the placement of equipment, products or
supplies at a location, as well as any agreement necessary in order
to locate or operate equipment, products or supplies on a premises
neither owned nor leased by the purchaser or seller;

12. A detailed description of any license(s) or permit(s) that
will be necessary in order for the purchaser to engage in or operate
the business opportunity;

13. Any representations made by the seller to the purchaser
concerning sales or earnings that may be made from the business
opportunity, including, but not limited to:

a. the bases or assumptions for any actual, average,
projected or forecasted sales, profits, income or
earnings,

b. the total number of purchasers who, within a period of
three (3) years of the date of the disclosure
document, purchased a business opportunity involving
the product, equipment, supplies or services being
offered to the purchaser, and

c. the total number of purchasers who, within three (3)
years of the date of the disclosure document,
purchased a business opportunity involving the
product, equipment, supplies or services being offered
to the purchaser who, to the seller's knowledge, have
actually received earnings in the amount or range
specified;

ENR. H. B. NO. 2104 Page 321
14. A detailed description of the elements of a guarantee made
by a seller to a purchaser. Such description shall include, but
shall not be limited to, the duration, terms, scope, conditions and
limitations of the guarantee;

15. A statement describing any contractual restrictions,
prohibitions or limitations on the purchaser's conduct. The seller
shall attach a copy of all business opportunity and other contracts
or agreements proposed for use or in use in this state including,
without limitation, all lease agreements, option agreements and
purchase agreements;

16. The rights and obligations of the seller and the purchaser
regarding termination of the business opportunity contract or
agreement;

17. A statement accurately describing the grounds upon which
the purchaser may initiate legal action to terminate the business
opportunity contract or agreement;

18. A copy of the most recent audited financial statements of
the seller. If the seller's audited financial statements are dated
more than four (4) months prior to the filing of the disclosure
document, the seller shall submit unaudited financial statements for
the interim period;

19. A list of the states in which the business opportunity is
registered;

20. A list of the states in which the disclosure document is on
file;

21. A list of the states which have denied, suspended or
revoked the registration of the business opportunity;

22. A section entitled "Risk Factors" containing a series of
short concise statements summarizing the principal factors which
make the business opportunity a high risk or one of a speculative
nature. Each statement shall include a cross-reference to the page
on which further information regarding that risk factor can be found
in the disclosure document; and

23. Any additional information as the Administrator may require
by rule or order.

ENR. H. B. NO. 2104 Page 322
SECTION 298. AMENDATORY 71 O.S. 2021, Section 809, as
amended by Section 44, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 809), is amended to read as follows:

Section 809. A. It is unlawful and shall be deemed a Class C2
felony offense for any person to offer or sell any business
opportunity, as defined in Section 802 of this title, unless the
business opportunity contract or agreement is in writing and a copy
of the contract or agreement is given to the purchaser at the time
the purchaser signs the contract or agreement.

B. Contracts or agreements shall set forth in at least ten-
point type the following:

1. The terms and conditions of any and all payments due to the
seller;

2. The seller's principal business address and the name and
address of the seller's agent in this state authorized to receive
service of process;

3. The business form of the seller, whether corporate,
partnership or otherwise;

4. The delivery date or, when the contract provides for a
periodic delivery of items to the purchaser, the approximate
delivery date of the product, equipment or supplies the seller is to
deliver to the purchaser to enable the purchaser to start his or her
business; and

5. Whether the product, equipment or supplies are to be
delivered to the purchaser's home or business address or are to be
placed or caused to be placed by the seller at locations owned or
managed by persons other than the purchaser.

SECTION 299. AMENDATORY 71 O.S. 2021, Section 811, as
amended by Section 45, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 811), is amended to read as follows:

Section 811. In connection with the offer or sale of a business
opportunity, no seller may make or use any of the representations
set forth in divisions (4) and (5) of subparagraph a of paragraph 3
of Section 802 of this title unless the seller has at all times a
minimum net worth of Fifty Thousand Dollars ($50,000.00) as
determined in accordance with generally accepted accounting
ENR. H. B. NO. 2104 Page 323
principles. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class C2 felony offense.

SECTION 300. AMENDATORY 71 O.S. 2021, Section 812, is
amended to read as follows:

Section 812. A. The Oklahoma Business Opportunity Sales Act
shall be administered by the Administrator.

B. It is unlawful and shall be deemed a Class C2 felony offense
for the Administrator or any of his or her officers or employees to
use for personal benefit any information which is filed with or
obtained by the Administrator and which is not made public. No
provision of the Oklahoma Business Opportunity Sales Act authorizes
the Administrator or any of the Administrator's officers or
employees to disclose any such information except among themselves
or when necessary or appropriate in a proceeding or investigation
under the act or in cooperation with other law enforcement agencies.
No provision of the Oklahoma Business Opportunity Sales Act either
creates or derogates from any privilege which exists at common law
or otherwise when documentary or other evidence is sought under a
subpoena directed to the Administrator or any of the Administrator's
officers or employees.

SECTION 301. AMENDATORY 71 O.S. 2021, Section 819, is
amended to read as follows:

Section 819. It is unlawful and shall be deemed a Class C2
felony offense for any person, in connection with the offer or sale
of any business opportunity in this state, directly or indirectly:

1. To employ any device, scheme or artifice to defraud;

2. To make any untrue statement of a material fact or to omit
to state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are made,
not misleading; or

3. To engage in any act, practice or course of business which
operates or would operate as a fraud or deceit upon any person.

SECTION 302. AMENDATORY 71 O.S. 2021, Section 820, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 324
Section 820. It is unlawful and shall be deemed a Class C2
felony offense for any person to make or cause to be made, in any
document filed with the Administrator or in any proceeding pursuant
to the Oklahoma Business Opportunity Sales Act any statement which
is, at the time and in the light of the circumstances under which it
is made, false or misleading in any material respect or, in
connection with such statement, to omit to state a material fact
necessary in order to make the statements made, in the light of the
circumstances under which they are made, not misleading.

SECTION 303. AMENDATORY 71 O.S. 2021, Section 821, is
amended to read as follows:

Section 821. Neither the fact that an application for
registration has been filed nor the fact that a business opportunity
is effectively registered constitutes a finding by the Administrator
that any document filed pursuant to the Oklahoma Business
Opportunity Sales Act is true, complete and not misleading. Neither
any such fact nor the fact that an exemption or exception is
available for a business opportunity means that the Administrator
has passed in any way upon the merits or qualifications of, or
recommended or given approval to, any person or business
opportunity. It is unlawful and shall be deemed a Class C2 felony
offense to make, or cause to be made, to any purchaser or
prospective purchaser any representation inconsistent with the
provisions of this section.

SECTION 304. AMENDATORY 71 O.S. 2021, Section 822, is
amended to read as follows:

Section 822. It is unlawful and shall be deemed a Class C2
felony offense for any person, in connection with the offer or sale
of any business opportunity in this state, to publish, circulate or
use any advertising which contains an untrue statement of a material
fact or omits to state a material fact necessary in order to make
the statements made, in the light of the circumstances under which
they are made, not misleading.

SECTION 305. AMENDATORY 71 O.S. 2021, Section 823, is
amended to read as follows:

Section 823. A. Any person who willfully violates Section 806,
subsection A of Section 808, subsection A of Section 809, Sections
811, 812, 819, 821 or 822 of this title or who willfully violates
any rule under the act or who willfully violates any order of which
ENR. H. B. NO. 2104 Page 325
the person has notice, or who violates Section 820 of this title
knowing that the statement made was false or misleading in any
material respect, shall be guilty of a Class C2 felony offense and
may upon conviction be fined not more than Ten Thousand Dollars
($10,000.00), or imprisoned not more than ten (10) years as provided
for in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes, or both, for each offense. Each of the acts
specified shall constitute a separate offense and a prosecution or
conviction for any one of such offenses shall not bar prosecution or
conviction for any other offense.

B. The Administrator may refer such evidence as may be
available concerning violations of the Oklahoma Business Opportunity
Sales Act or any rule or order hereunder to the Attorney General of
the State of Oklahoma or the district attorney for the county where
a violation occurred, who may, with or without such a reference,
institute the appropriate criminal proceedings under the act. The
Attorney General or district attorney may designate and appoint one
or more lawyers of the Department as special assistants available
for the purpose of assisting in or conducting all criminal
prosecutions arising by reason of proceedings under this section.

C. Nothing in the Oklahoma Business Opportunity Sales Act
limits the power of the state to punish any person for any conduct
which constitutes a crime under any other statute.

SECTION 306. AMENDATORY 74 O.S. 2021, Section 71, is
amended to read as follows:

Section 71. The taking or receiving by any officer of said
Office of Management and Enterprise Services of any rebate,
percentage of contract, money, or any other thing of value from any
person, firm, or corporation offering, bidding for, or in the open
market and seeking to make sales to said Office, shall be a Class C2
felony offense. Any officer of said Office convicted under this
section shall be punished by a fine not to exceed Five Thousand
Dollars ($5,000.00), and by imprisonment in the custody of the
Department of Corrections not less than five (5) years nor more than
ten (10) years as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. Such fine shall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.

SECTION 307. AMENDATORY 79 O.S. 2021, Section 203, is
amended to read as follows:
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Section 203. A. Every act, agreement, contract, or combination
in the form of a trust, or otherwise, or conspiracy in restraint of
trade or commerce within this state is hereby declared to be against
public policy and illegal.

B. It is unlawful and shall be deemed a Class C2 felony offense
for any person to monopolize, attempt to monopolize, or conspire to
monopolize any part of trade or commerce in a relevant market within
this state.

C. Without limiting any other section of Title 79 of the
Oklahoma Statutes or applicable sections of Title 17 of the Oklahoma
Statutes, it is unlawful for any person in control of an essential
facility to unreasonably refuse to give a competitor or customer of
an entity controlling an essential facility access to it upon
reasonable terms if the effect of such denial is to injure
competition. An injured competitor or customer may bring an action
under Section 5 of this act to enforce the provisions of this
section only when such injured competitor or customer does not have
a remedy before the Corporation Commission.

D. As used in this section:

1. "Monopolize" means:

a. the possession of monopoly power in the relevant
market, and

b. the willful acquisition or maintenance of that power
by exclusionary conduct as distinguished from growth
or development as a consequence of a superior product
and/or service, business acumen, or historic accident;

2. "Monopoly power" means the power to control market prices or
exclude competition; and

3. "Essential facility" means a facility:

a. which is controlled by an entity that possesses
monopoly power,

b. that a competitor would be unable to practically or
reasonably duplicate,

ENR. H. B. NO. 2104 Page 327
c. the use of which has been unreasonably denied to a
competitor or a customer of the entity that possesses
monopoly power, and

d. that it would be feasible to allow the competitor or
customer to use or have access to without causing harm
to or unreasonably interfering with the entity that
possesses monopoly power.

SECTION 308. AMENDATORY 79 O.S. 2021, Section 204, is
amended to read as follows:

Section 204. It shall be unlawful and shall be deemed a Class
C2 felony offense for any person engaged in commerce, in the course
of such commerce, either directly or indirectly, to discriminate in
price between different purchasers of commodities of like grade and
quality, where either or any of the purchases involved in such
discrimination are in commerce, where such commodities are sold for
use, consumption, or resale within this state, and where the effect
of such discrimination may be substantially to lessen competition or
tend to create a monopoly in any line of commerce, or to injure,
destroy, or prevent competition with any person who either grants or
knowingly receives the benefit of such discrimination, or with
customers of either of them; provided, that nothing herein contained
shall prevent differentials which make only due allowance for
differences in the cost of manufacture, sale, or delivery resulting
from the differing methods or quantities in which such commodities
are to such purchasers sold or delivered; provided further, that
nothing herein contained shall prevent persons engaged in selling
commodities, wares, or merchandise in commerce from selecting their
own customers in bona fide transactions and not in restraint of
trade; provided further, that nothing herein contained shall prevent
price changes from time to time where in response to changing
conditions affecting the market for or the marketability of the
commodities concerned, including, but not limited to, actual or
imminent deterioration of perishable commodities, obsolescence of
seasonal commodities, distress sales under court process, or sales
in good faith in discontinuance of business in the commodities
concerned. Nothing herein contained shall prevent a seller
rebutting the prima facie case thus made by showing that his or her
lower price to any purchaser or purchasers was made in good faith to
meet an equally low price of a competitor.

SECTION 309. AMENDATORY 79 O.S. 2021, Section 206, is
amended to read as follows:
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Section 206. A. Any person, other than a municipal
corporation, who violates Section 3, 4, or 8 of Enrolled Senate Bill
No. 1357 of the 2nd Session of the 46th Oklahoma Legislature is
guilty of a Schedule G Class C2 felony offense, if the offense
occurs on or after the effective date of Section 20.1 of Title 21 of
the Oklahoma Statutes. If the offense is committed prior to the
effective date of Section 20.1 of Title 21 of the Oklahoma Statutes,
the crime person, other than a municipal corporation, shall be
guilty of a Class C2 felony offense and shall be punishable by
incarceration in the custody of the Department of Corrections for
not more than ten (10) years as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes. A
violator shall, upon conviction, be subject to a fine not to exceed
Ten Thousand Dollars ($10,000.00) per violation.

B. The Attorney General or any district attorney may file a
criminal information or seek a criminal indictment to enforce the
provisions of subsection A of this section.

SECTION 310. AMENDATORY 82 O.S. 2021, Section 867, is
amended to read as follows:

Section 867. No director, officer, agent, or employee of the
district shall be directly or indirectly interested in any contract
for the purchase of any property or construction of any work by or
for the district, and if any such person shall be or become so
interested in any such contract, he shall be guilty of a Class C2
felony offense and, on conviction thereof, shall be subject to a
fine in an amount not exceeding Ten Thousand Dollars ($10,000.00),
or to confinement in the county jail for not less than one (1) year
nor more than ten (10) years as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, or
both.

SECTION 311. AMENDATORY 2 O.S. 2021, Section 9-34, is
amended to read as follows:

Section 9-34. A. It shall be a felony for any warehouseman,
employee, or manager of a public warehouse to knowingly:

1. Issue or receive a fraudulent warehouse receipt regarding,
but not limited to, commodities that are not actually stored at the
time of issuing the receipt, issuing any warehouse receipt or scale
ticket that is in any respect fraudulent in its character, either as
ENR. H. B. NO. 2104 Page 329
to its date or to the quantity, quality, or inspected grade of the
commodities, or who shall remove any commodities from store, except
to preserve the commodities from fire or other damage without the
return and cancellation of all outstanding receipts that may have
been issued to represent the commodities; or

2. Issue a delayed pricing contract, deferred payment contract,
or any other records for sales of commodities in a fraudulent manner
without the full knowledge and consent of the producer.

A violation of this section shall, upon conviction, be a Class
D1 felony offense punishable by a fine of not more than Ten Thousand
Dollars ($10,000.00), or by imprisonment in the State Penitentiary
for not more than ten (10) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment.

B. The State Board of Agriculture, upon application from the
warehouseman, may approve the prepositioning of commodity stocks in
state-chartered or federally licensed terminal warehouses in order
to free storage space for new harvest commodities. The period for
such action shall not exceed sixty (60) days prior to anticipated
beginning of harvest for the commodity nor can they be out of
position more than one hundred eighty (180) days. The Board may
extend the time period an additional one hundred eighty (180) days
as specified by rules promulgated by the Board.

SECTION 312. AMENDATORY 2 O.S. 2021, Section 9-35, is
amended to read as follows:

Section 9-35. Any warehouseman, manager, or other employee of a
public warehouse, who issues or aids in issuing a warehouse receipt
for any commodities, without knowing that the commodities have
actually been placed in a public warehouse, who delivers any
commodities from a public warehouse without the surrender and
cancellation of the warehouse receipt, or who fails to mark the
depositor's receipt “Cancelled” on the delivery of the commodities,
shall, upon conviction, be guilty of a Class D1 felony offense. The
fine for a violation of this section shall not be more than Ten
Thousand Dollars ($10,000.00), or by imprisonment in the State
Penitentiary for a term of not more than twenty (20) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 330
SECTION 313. AMENDATORY 2 O.S. 2021, Section 9-36, is
amended to read as follows:

Section 9-36. No public warehouse shall be designated as
chartered or operated under the provisions of the Public Warehouse
and Commodity Indemnity Act and no name or description conveying the
impression that it is chartered or operated shall be used unless the
public warehouse is chartered. Any person who misrepresents,
forges, alters, counterfeits, simulates, or falsely represents the
charter required by the Public Warehouse and Commodity Indemnity
Act, or who issues, utters, or assists or attempts to issue or
utter, a false or fraudulent receipt for any commodities, shall be,
upon conviction, guilty of a Class D1 felony offense. The fine for
a violation of this section shall not be more than Ten Thousand
Dollars ($10,000.00), or by imprisonment in the State Penitentiary
for a term of not more than twenty (20) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment.

SECTION 314. AMENDATORY 2 O.S. 2021, Section 16-25, is
amended to read as follows:

Section 16-25. A. It is unlawful for any person to carelessly
or willfully burn or cause to be burned or to set fire to or cause
any fire to be set to any forest, grass, crops, rangeland, or other
wild lands not owned by, duly authorized by the owner or manager, or
in the lawful possession of, the person setting the fire or burning
the lands or causing the fire to be burned.

B. Any person who carelessly violates this section is guilty of
a misdemeanor punishable by a fine of not more than Five Hundred
Dollars ($500.00), by imprisonment for not more than one (1) year,
or both. Any person who willfully violates this section is guilty
of a Class D1 felony offense punishable by a fine of not more than
Five Thousand Dollars ($5,000.00), by imprisonment for not more than
three (3) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by both.

C. Any person who carelessly or willfully burns, causes to be
burned, sets fire, or causes fire to be set, any forest, grass,
croplands, or woodlands not owned by, duly authorized by the owner
or manager, or in lawful possession of, shall be liable in a civil
action to any person injured or damaged by a fire to the amount of
the injury or damages.

ENR. H. B. NO. 2104 Page 331
SECTION 315. AMENDATORY 2 O.S. 2021, Section 16-28.1, is
amended to read as follows:

Section 16-28.1. A. It is unlawful for any person either
willfully or carelessly to burn, cause to be burned, to set fire to,
or cause fire to be set to any forest, grass, croplands, rangeland,
or other wild lands, by an owner of such property, except under the
following circumstances:

1. In protection areas, notification to burn shall be made by
the owner to the local office or local representative of the
Forestry Division at least four (4) hours in advance and verbal or
written approval obtained. In addition to the notification
requirements of this paragraph, any owner conducting a limited
liability burn in a protected area shall comply with the provisions
of Section 16-28.2 of Title 2 of the Oklahoma Statutes; or

2. Outside protection areas, in order for prescribed or
controlled burning to be lawful, an owner shall take reasonable
precaution against the spreading of fire to other lands by providing
adequate firelines, manpower, and fire fighting equipment for the
control of the fire, shall watch over the fire until it is
extinguished and shall not permit fire to escape to adjoining land.

B. Nothing in this section shall relieve the person from the
obligation to confine the fire to the owner's, agent's, or tenant's
land.

C. The Oklahoma Forestry Code shall not apply to trimming or
cutting of trees by public or private utilities for the purpose of
eliminating interference with utility lines, poles, or other utility
equipment.

D. 1. Except as otherwise provided by Section 16-28.2 of this
title, any person:

a. who, whether by accident, neglect or intent, causes or
allows damage or injury to occur to any ranch,
buildings, improvements, hay, grass, crops, fencings,
timber, marsh, or other property of another person by
any fire described and conducted pursuant to this
section, shall be civilly responsible for such damage
or injury so caused pursuant to Section 16-30 of Title
2 of the Oklahoma Statutes, and

ENR. H. B. NO. 2104 Page 332
b. who carelessly violates this section is guilty of a
misdemeanor punishable by a fine of not more than Five
Hundred Dollars ($500.00), by imprisonment for not
more than one (1) year, or both.

2. In addition to civil liability, any person who willfully
violates this section is guilty of a Class D1 felony offense
punishable by a fine of not more than One Thousand Dollars
($1,000.00), by imprisonment for not more than three (3) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both.

E. Fire set under the provisions of this section shall not be
allowed to spread beyond the control of the person setting the fire
and shall be subdued and extinguished.

SECTION 316. AMENDATORY 2 O.S. 2021, Section 16-34, is
amended to read as follows:

Section 16-34. A. Any person possessing any incendiary device
as defined by subsection B of this section with the intent to use
the device for the purpose of burning or setting fire to any forest,
grass, crops, or woodlands that the person possessing that device is
not the owner of nor in possession of lawfully, as under a lease,
shall be guilty of a Class D1 felony offense punishable by a fine of
not more than One Thousand Dollars ($1,000.00), by imprisonment for
not more than three (3) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both.

B. The term “incendiary device” as used in this section
includes, but is not limited to, any “slow match” which is any
device contrived to accomplish the delayed ignition of a match or
matches or other flammable material by the use of a cigarette, rope,
or candle to which the match or matches are attached, or a
magnifying glass focused to intensify heat on flammable material and
cause a fire to start at a subsequent time, or any chemicals,
chemically treated paper or material, or other combustible material
arranged or designed to make possible its use as a delayed firing
device.

SECTION 317. AMENDATORY 3 O.S. 2021, Section 258, is
amended to read as follows:

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Section 258. A. It is unlawful for any person in this state to
operate an aircraft that is not registered with the Federal Aviation
Administration Office of Aircraft Registry or with a foreign country
which has ratified and is subject to the Convention on the
International Recognition of Rights in Aircraft, 4 U.S.T. 1830.
Provided however, no person charged with violating this subsection
shall be convicted of the charge if he or she produces in court or
the office of the arresting officer proof of registration that was
valid at the time of arrest.

B. It is a violation of this section for any person or
corporate entity to knowingly supply false information to any
governmental entity in regard to ownership of an aircraft in or
operated in this state.

C. It is a violation of this section for any person to give a
wrong description in any application for the registration of any
aircraft in this state for the purpose of concealing or hiding the
identity of such aircraft.

D. This section does not apply to any aircraft registration or
information supplied by a governmental entity in the course and
scope of performing its lawful duties.

E. A conviction for a violation of this section shall be a
Class D1 felony offense and shall be punishable as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 318. AMENDATORY 3 O.S. 2021, Section 259, is
amended to read as follows:

Section 259. A. Any person or persons who shall destroy,
remove, cover, alter or deface, or cause to be destroyed, removed,
covered, altered or defaced, the United States registration number
assigned by the Federal Aviation Administration or manufacturer's
serial number of any aircraft in this state, without first giving
notice of such act to the Federal Aviation Administration, upon such
form as the Federal Aviation Administration may prescribe, shall be
deemed guilty of a Class D1 felony offense, and upon conviction
thereof shall be punished by imprisonment in the State Penitentiary
for a term of not less than one (1) year nor more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 334
B. A person who removes a manufacturer's identification number
plate or decal from an aircraft or affixes to an aircraft a
manufacturer's identification number plate or decal not authorized
by law for use on said aircraft with intent to conceal or
misrepresent the identity of the aircraft or its owner shall, upon
conviction, be guilty of a Class D1 felony offense and shall be
punished as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes.

C. A person who buys, receives, possesses, sells or disposes of
an aircraft, knowing that the identification number of the aircraft
has been removed or falsified, shall, upon conviction, be guilty of
a misdemeanor.

D. A person who buys, receives, possesses, sells or disposes of
an aircraft, with knowledge that the identification number of the
aircraft has been removed or falsified and with intent to conceal or
misrepresent the identity of the aircraft, shall, upon conviction,
be guilty of a Class D1 felony offense and shall be punished as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

E. As used in this section:

1. “Identification number” includes an identifying number or
serial number placed on an aircraft by its manufacturer or by
authority of the Federal Aviation Administration or in accordance
with the laws of another country;

2. “Remove” includes deface, cover and destroy; and

3. “Falsify” includes alter and forge.

F. An identification number may be placed on an aircraft by its
manufacturer in the regular course of business or placed or restored
on an aircraft by authority of the Federal Aviation Administration
without violating this section; an identification number so placed
or restored is not falsified.

SECTION 319. AMENDATORY 3 O.S. 2021, Section 301, is
amended to read as follows:

Section 301. A. It is unlawful and punishable as provided in
subsection D of this section for any person to operate an aircraft
within this state who:
ENR. H. B. NO. 2104 Page 335

1. Has a blood or breath alcohol concentration, as defined in
Section 305 of this title, of four-hundredths (0.04) or more within
two (2) hours after the arrest of such person; or

2. Is under the influence of any intoxicant.

B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use an intoxicant shall
not constitute a defense against any charge of violating this
section.

C. As used in Sections 301 through 308 of this title:

1. “Intoxicant” means:

a. any beverage containing alcohol,

b. any controlled dangerous substance as defined in the
Uniform Controlled Dangerous Substances Act, Section
2-101 et seq. of Title 63 of the Oklahoma Statutes,

c. any substance which is capable of being ingested,
inhaled, injected or absorbed into the human body and
is capable of adversely affecting the central nervous
system, vision, hearing or other sensory or motor
functions of the human body, and

d. any combination of alcohol, controlled dangerous
substances, and substances capable of being ingested,
inhaled, injected or absorbed into the human body and
capable of adversely affecting the central nervous
system, vision, hearing or other sensory or motor
functions of the human body; and

2. “Operate” means manipulating any of the levers, the starting
mechanism, the brakes or other mechanism or device of an aircraft,
setting in motion any aircraft, or piloting any aircraft.

D. Every person who is convicted of a violation of the
provisions of this section shall be deemed guilty of a misdemeanor
for the first offense and shall be punished by imprisonment in jail
for not less than ten (10) days nor more than one (1) year, and a
fine of not more than One Thousand Dollars ($1,000.00). Any person
who within ten (10) years after a previous conviction of a violation
ENR. H. B. NO. 2104 Page 336
of this section is convicted of a second or subsequent offense
pursuant to the provisions of this section or has a prior conviction
within ten (10) years prior to the conviction pursuant to the
provisions of this section, in a municipal criminal court of record
for the violation of a municipal ordinance prohibiting the offense
provided for in subsection A of this section shall be guilty of a
Class D1 felony offense and shall be sentenced to the custody of the
Department of Corrections for not less than one (1) year and not to
exceed five (5) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, and a fine of not
to exceed Two Thousand Five Hundred Dollars ($2,500.00); provided,
such fine shall be in addition to other punishment provided by law
and shall not be imposed in lieu of other punishment. When a
sentence of incarceration is imposed, the person shall be processed
through the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. If the
person is evaluated to be receptive to treatment and not deemed by
the Department of Corrections to be a security risk, the person
shall be assigned to the Department of Mental Health and Substance
Abuse Services for substance abuse treatment. The inmate shall be
required to reimburse the Department of Mental Health and Substance
Abuse Services for all or part of the actual cost incurred for
treatment of the inmate while the inmate was assigned to the
Department of Mental Health and Substance Abuse Services, if at the
time the sentence of incarceration was imposed, the court determined
that the convicted person has the ability to pay for all or part of
the cost of treatment. The court shall determine the amount of
reimbursement the convicted person shall pay. While assigned to
such a Department of Mental Health and Substance Abuse Services
treatment program the inmate shall comply with the rules and
regulations as agreed upon by the Department of Mental Health and
Substance Abuse Services and the Department of Corrections. Any
infraction of said rules may result in the inmate's reassignment to
a correctional facility of the Department of Corrections. Upon
successful completion of the treatment program the person shall be
properly reassigned by the Department of Corrections for the
completion of the sentence imposed by the court. Prior to discharge
from the treatment facility, the treatment facility shall forward to
the Department of Corrections a report and discharge summary
including arrangements and recommendations for further disposition
and follow-up treatment. If the person is evaluated not to be
receptive to treatment or is evaluated to be a security risk, the
inmate shall be assigned to a state correctional facility according
to normal Department of Corrections classification procedures. In
the event a felony conviction does not result in a sentence of
ENR. H. B. NO. 2104 Page 337
incarceration as provided for in this subsection, the person shall
be required to serve not less than ten (10) days of community
service, or to undergo in-patient rehabilitation or treatment in a
public or private facility with at least minimum security for a
period of not less than forty-eight (48) consecutive hours,
notwithstanding the provisions of Sections 991a, 991a-2 and 996.3 of
Title 22 of the Oklahoma Statutes.

E. Any person who is found guilty of a violation of the
provisions of this section may be referred, prior to sentencing, to
an alcoholism evaluation facility designated by the Department of
Mental Health and Substance Abuse Services for the purpose of
evaluating the receptivity to treatment and prognosis of the person.
The court shall order the person to reimburse the facility for the
evaluation in an amount not to exceed Seventy-five Dollars ($75.00).
The facility shall, within seventy-two (72) hours, submit a written
report to the court for the purpose of assisting the court in its
final sentencing determination.

SECTION 320. AMENDATORY 3 O.S. 2021, Section 321, is
amended to read as follows:

Section 321. A. A person not entitled to possession of an
aircraft who, without the consent of the owner and with intent to
deprive the owner, temporarily or otherwise, of the aircraft or its
possession, takes, uses or flies the aircraft, upon conviction,
shall be guilty of a Class D1 felony offense and shall be punished
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes.

B. A person who, with intent and without right to do so,
injures or tampers with any aircraft or in any other manner damages
any part or portion of said aircraft or any accessories,
appurtenances or attachments thereto, upon conviction, shall be
guilty of a misdemeanor.

C. A person who, without right to do so and with intent to
commit a crime, climbs into or upon an aircraft whether it is in
motion or at rest, manipulates any of the levers, starting
mechanism, brakes or other mechanism or device of an aircraft while
the same is at rest and unattended, or sets in motion any aircraft
while the same is at rest and unattended, upon conviction, shall be
guilty of a misdemeanor.

ENR. H. B. NO. 2104 Page 338
SECTION 321. AMENDATORY 3A O.S. 2021, Section 205, is
amended to read as follows:

Section 205. A. No person shall conduct a horse race where the
public is charged any type of fee for admission, parking, or to race
a horse without a valid organization license issued pursuant to the
provisions of the Oklahoma Horse Racing Act.

B. Any person violating the provision of this section, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be fined not more than Ten Thousand Dollars ($10,000.00), or be
imprisoned for a period of not more than ten (10) years or both said
fine and imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 322. AMENDATORY 3A O.S. 2021, Section 208.4, is
amended to read as follows:

Section 208.4. A. Any person holding a race or race meeting at
which pari-mutuel or non-pari-mutuel wagering is conducted without a
valid organization license issued pursuant to the provisions of the
Oklahoma Horse Racing Act, upon conviction, shall be guilty of a
Class D1 felony offense and shall be fined not more than Ten
Thousand Dollars ($10,000.00), or be imprisoned for a period of not
more than ten (10) years as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes, or both said
fine and imprisonment.

B. No organization licensee shall knowingly permit any minor to
be a patron of the pari-mutuel system of wagering conducted by the
organization licensee. Any person convicted of violating any
provision of this subsection shall be guilty of a misdemeanor.

SECTION 323. AMENDATORY 3A O.S. 2021, Section 208.6, is
amended to read as follows:

Section 208.6. A. No person shall knowingly enter or cause to
be entered for competition any horse under any other name than its
true name, or out of its proper class, for any purse, prize,
premium, stake, or sweepstakes offered to the winner of a contest of
speed at any race meeting held by an organization licensee.

B. The name of any horse, for the purpose of entry for
competition in any contest of speed, shall be the name under which
the horse has been registered and has publicly performed.
ENR. H. B. NO. 2104 Page 339

C. Any person convicted of violating the provisions of this
section shall be guilty of a Class D1 felony offense and shall be
fined not more than Ten Thousand Dollars ($10,000.00), or be
imprisoned for a period of not more than ten (10) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or both said fine and imprisonment.

SECTION 324. AMENDATORY 3A O.S. 2021, Section 208.7, is
amended to read as follows:

Section 208.7. A. It shall be unlawful for any person to:

1. Use or conspire to use any battery, buzzer, electrical or
mechanical device, or other device other than the ordinary whip for
the purpose of stimulating or depressing a horse or affecting its
speed at any time; or

2. Sponge the nostrils or windpipe of a horse for the purpose
of stimulating or depressing a horse or affecting its speed at any
time; or

3. Have in the possession of the person, within the confines of
a racetrack, stables, sheds, buildings, or grounds where horses are
kept which are eligible to race over a racetrack of any organization
licensee, any device other than the ordinary whip which may or can
be used for the purpose of stimulating or depressing a horse or
affecting its speed at any time; or

4. Have in the possession of the person with the intent to
sell, give away, or exchange any such devices.

B. Possession of such devices by anyone within the confines of
a racetrack, stables, sheds, buildings, or grounds where horses are
kept which are eligible to race over the racetracks of any
organization licensee shall be prima facie evidence of intention to
use such devices.

C. Any person who violates the provisions of this section, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be fined not more than Ten Thousand Dollars ($10,000.00), or be
imprisoned for a period of not more than ten (10) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or both said fine and imprisonment. The
ENR. H. B. NO. 2104 Page 340
Commission shall suspend or revoke the license of any person
convicted of violating the provisions of this section.

SECTION 325. AMENDATORY 3A O.S. 2021, Section 208.8, is
amended to read as follows:

Section 208.8. A. It shall be unlawful for any person to
directly or indirectly engage or to conspire with or aid, assist, or
abet any other person in the commission of any corrupt act or
practice, including but not limited to:

1. The giving, offering, promising, accepting, soliciting or
receiving, directly or indirectly, any gratuity or bribe in any form
to any person having duties in relation to any race or race horse or
to any trainer, jockey, starter, assistant starter, gatekeeper or
agent or to any other person having charge of, or access to, any
race horse; or

2. The passing or attempting to pass or the cashing or
attempting to cash any altered or fraudulent pari-mutuel ticket; or

3. The unauthorized sale or the attempt to make an unauthorized
sale of any racetrack admission ticket.

B. Any person who is convicted of violating the provisions of
subsection A of this section shall be guilty of a Class D1 felony
offense and shall be fined not more than Ten Thousand Dollars
($10,000.00), or be imprisoned for a period of not more than ten
(10) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or both said fine and
imprisonment.

C. If any person who is convicted of violating the provisions
of subsection A of this section is licensed pursuant to the
provisions of the Oklahoma Horse Racing Act, Section 200 et seq. of
this title, the Commission shall suspend or revoke the organization
or occupation license of the person in addition to the penalty and
fine imposed in subsection B of this section.

SECTION 326. AMENDATORY 3A O.S. 2021, Section 208.9, is
amended to read as follows:

Section 208.9. No person shall directly or indirectly, for any
type of compensation including but not limited to fees, dues, or
donations, accept anything of value from another to be transmitted
ENR. H. B. NO. 2104 Page 341
or delivered for wager in any pari-mutuel system of wagering on
horse races or collect a wager in any pari-mutuel system of wagering
on horse races. Nothing in this section prohibits wagering
transactions authorized pursuant to the provisions of the Oklahoma
Horse Racing Act. Any person that violates the provisions of this
section, upon conviction, shall be guilty of a Class D1 felony
offense and shall be fined not more than Ten Thousand Dollars
($10,000.00), or be imprisoned for a period of not more than ten
(10) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or both said fine and
imprisonment.

SECTION 327. AMENDATORY 3A O.S. 2021, Section 208.10, is
amended to read as follows:

Section 208.10. It shall be unlawful for any person to falsify,
conceal, or cover up by any trick, scheme, or device a material
fact, or make any false, fictitious, or fraudulent statements or
representations, or make or use any false writing or document
knowing the same to contain any false, fictitious, or fraudulent
statement or entry regarding the prior racing record, pedigree,
identity or ownership of a registered animal in any matter related
to the breeding, buying, selling, or racing of such animal. Whoever
violates any provision of this section shall be guilty of a Class D1
felony offense and fined not more than Ten Thousand Dollars
($10,000.00), or imprisoned for not more than ten (10) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or be both so fined and imprisoned.

SECTION 328. AMENDATORY 3A O.S. 2021, Section 208.11, is
amended to read as follows:

Section 208.11. A. Except as provided in subsection B of this
section, the Oklahoma Horse Racing Commission is hereby authorized
to determine by rule which drugs and medications, if any, may be
administered to a horse prior to or during a horse race and to
determine by rule the conditions under which such drugs and
medications may be used or administered.

B. All horses participating in a horse race may be administered
Furosemide prior to a horse race as authorized by the rules of the
Oklahoma Horse Racing Commission.

ENR. H. B. NO. 2104 Page 342
C. The administration of any drug or medication to a horse
prior to or during a horse race which is not permitted by rule of
the Commission is prohibited.

D. Any person who violates the provisions of this section or
who knowingly enters in a race a horse to which any drug or
medication has been administered in violation of this section shall
be guilty, upon conviction, of a Class D1 felony offense and shall
be fined not more than Ten Thousand Dollars ($10,000.00), or be
imprisoned for a period of not more than ten (10) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or by both said fine and imprisonment. The
Commission shall suspend or revoke the license of any such guilty
party.

SECTION 329. AMENDATORY 3A O.S. 2021, Section 727, is
amended to read as follows:

Section 727. A. Any person who, with intent to defraud,
falsely makes, alters, forges, utters, passes, or counterfeits a
state lottery ticket shall, upon conviction, be guilty of a Class D1
felony offense and shall be punished by a fine not to exceed Fifty
Thousand Dollars ($50,000.00), or by imprisonment for not longer
than five (5) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment.

B. Any person who influences or attempts to influence the
winning of a prize through the use of coercion, fraud, deception, or
tampering with lottery equipment or materials shall, upon
conviction, be guilty of a Class D1 felony offense and shall be
punished by a fine not to exceed Fifty Thousand Dollars
($50,000.00), or by imprisonment for not longer than five (5) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or by both such fine and imprisonment.

SECTION 330. AMENDATORY 4 O.S. 2021, Section 42.4, is
amended to read as follows:

Section 42.4. A. It is unlawful for the owner of any dog that
previously has:

1. When unprovoked inflicted bites on any person or severely
injured any person either on public or private property; or

ENR. H. B. NO. 2104 Page 343
2. When unprovoked created an imminent threat of injury or
death to any person,

to permit such dog to run at large or aggressively bite or attack
any person while such person is lawfully upon public or private
property. Upon conviction, the violator shall be guilty of a
misdemeanor punishable by imprisonment in the county jail for not
more than one (1) year, or by imposition of a fine not to exceed
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment. In addition, the owner shall be liable for damages as
provided in Section 42.1 of Title 4 of the Oklahoma Statutes this
title.

B. The owner of any dangerous dog as defined by Section 44 of
Title 4 of the Oklahoma Statutes this title, or any dog that is
described in subsection A of this section, that attacks any person
causing the death of such person shall, upon conviction, be guilty
of a Class D1 felony offense punishable by imprisonment in the
custody of the Department of Corrections for not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or by the imposition of a fine
not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both
such fine and imprisonment.

C. It is unlawful for any person to release any dog upon a law
enforcement officer while the officer is in the performance of
official duties. Upon conviction, the violator shall be guilty of a
Class D1 felony offense punishable by imprisonment in the custody of
the Department of Corrections for not more than five (5) years, or
imprisonment in the county jail for not more than one (1) year as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by imposition of a fine not exceeding
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment.

D. It shall be an affirmative defense to a prosecution pursuant
to subsection A or B of this section that the injury or death was
sustained by a person who, at the time, was committing a willful
criminal act upon the premises of the owner of the dog or was
assaulting the owner of the dog.

SECTION 331. AMENDATORY 6 O.S. 2021, Section 809, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 344
Section 809. A. Except as provided in Section 411 of this
title, no bank, banker or bank official shall give preference to any
depositor, borrower, or creditor by pledging the assets of the bank
as collateral security. No bank, banker or bank official shall sell
or transfer any of the assets of any insolvent bank in consideration
of any deposit in such bank. Any officer, director or employee of
any bank who violates any provision of this section shall be guilty
of a Class D1 felony offense and upon conviction thereof shall be
punished by a fine of not less than One Hundred Dollars ($100.00),
nor more than One Thousand Dollars ($1,000.00), or by imprisonment
in the State Penitentiary for not less than one (1) year, nor more
than five (5) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment.

B. No attachment, injunction, execution or other recordation
which constitutes a lien under the laws of this state upon the
property of a bank created, organized or existing under or by virtue
of the laws of this state, shall be issued against such a bank or
its property before final judgment in any suit, action or proceeding
in any federal, state, county or municipal court. As used in this
subsection, “final judgment” shall mean a judgment on the merits
from which no appeal can be taken or the time in which to file an
appeal has elapsed and not merely a judgment rendered.

C. The Board shall have the authority, pursuant to Section 203
of this title, to order or seek injunction over any person, as
defined in Section 103 of this title, to cease and desist violating
any of the provisions of this section.

SECTION 332. AMENDATORY 6 O.S. 2021, Section 1405, is
amended to read as follows:

Section 1405. A. It shall be unlawful and deemed a Class D1
felony offense for an affiliate of a bank or trust company or for an
officer, director or employee of a bank or trust company or
affiliate of a bank or trust company:

1. To solicit, accept or agree to accept, directly or
indirectly, from any person other than the institution any gratuity,
compensation or other personal benefit for any action taken by the
institution or for endeavoring to procure any such action; or

2. To have any interest, directly or indirectly, in the
proceeds of a loan or of a purchase or sale made by the bank, unless
ENR. H. B. NO. 2104 Page 345
such loan is otherwise permissible, and the purchase or sale is
expressly authorized by this Code or by rule of the Board and,
unless otherwise directed in writing by the Commissioner, is
specifically approved by vote of a majority of the board of
directors of the bank or trust company. Provided, no interested
director or trustee shall take part in such vote.

B. In this section the term "affiliate" shall include:

1. Any person who holds a majority of the stock of a bank or
has been determined by the Board to hold a controlling interest
therein, any other corporation in which such person owns a majority
of the stock and any partnership in which the person has an
interest;

2. Any corporation in which the institution or an officer,
director or employee thereof holds a majority of the stock and any
partnership in which such person has an interest; or

3. Any corporation of which a majority of the directors are
officers, directors or employees of the institution or of which
officers, directors, trustees or employees constitute a majority of
the directors of the institution.

SECTION 333. AMENDATORY 6 O.S. 2021, Section 1406, is
amended to read as follows:

Section 1406. It shall be unlawful and deemed a Class D1 felony
offense for a bank to receive any deposit after the bank has been
notified by its primary regulator that it is insolvent or for an
officer, director or employee who knows or, in the proper
performance of his duty, should know of the notification of such
insolvency to receive or authorize the receipt of such deposit, if
such deposit, when aggregated together with other funds held by the
depositor in the same right and capacity, would exceed the limit of
federal deposit insurance coverage.

SECTION 334. AMENDATORY 6 O.S. 2021, Section 1407, is
amended to read as follows:

Section 1407. It is shall be unlawful and deemed a Class D1
felony offense for any person to serve as an officer or director of
a bank who:

ENR. H. B. NO. 2104 Page 346
(1) has 1. Has been convicted of an offense constituting in the
jurisdiction in which the conviction was rendered a violation of the
banking laws, a felony involving dishonesty or a breach of trust.;

(2) is 2. Is indebted to the bank for more than thirty (30)
days upon a judgment that has become final.

SECTION 335. AMENDATORY 6 O.S. 2021, Section 1408, is
amended to read as follows:

Section 1408. It shall be unlawful and deemed a criminal Class
D1 felony offense for any person to serve as Commissioner, Deputy
Commissioner, Administrative Assistant or Assistant Commissioner, of
the Department who has been convicted of an offense constituting, in
the jurisdiction in which the conviction was had, a violation of the
banking laws, a felony involving dishonesty or a breach of trust.

SECTION 336. AMENDATORY 6 O.S. 2021, Section 1409, is
amended to read as follows:

Section 1409. It shall be unlawful and deemed a Class D1 felony
offense for an officer, director, employee, attorney, or agent of a
bank or trust company to conceal or endeavor to conceal any
transaction of the bank or trust company from any officer, director
or employee of the bank or trust company or any official or employee
of the department to whom it should be properly disclosed.

SECTION 337. AMENDATORY 6 O.S. 2021, Section 1410, is
amended to read as follows:

Section 1410. It shall be unlawful and deemed a Class D1 felony
offense for an officer, director, employee or agent of a bank or
trust company:

(1) to 1. To maintain or authorize the maintenance of any
account of the bank or trust company in a manner which, to his
knowledge, does not conform to the requirements prescribed by this
Code or by the Commissioner or the Board.;

(2) with 2. With intent to deceive, to make any false or
misleading statement or entry or omit any statement or entry that
should be made in any book, account, report or statement of the
institution.;

ENR. H. B. NO. 2104 Page 347
(3) to 3. To obstruct or endeavor to obstruct a lawful
examination of the institution by an officer or employee of the
Department.

SECTION 338. AMENDATORY 6 O.S. 2021, Section 1411, is
amended to read as follows:

Section 1411. It shall be unlawful and deemed a Class D1 felony
offense for a bank or trust company to pay a fine or penalty imposed
by law upon any other person or any judgment against such person or
to reimburse directly or indirectly any person by whom such fine,
penalty or judgment has been paid, except in settlement of its own
liability or in connection with the acquisition of property against
which such judgment is a lien, or as provided in Section 68 of
Enrolled House Bill No. 2173 of the 1st Session of the 46th Oklahoma
Legislature.

SECTION 339. AMENDATORY 6 O.S. 2021, Section 1412, is
amended to read as follows:

Section 1412. It shall be unlawful and deemed a criminal Class
D1 felony offense for any officer, director, shareholder or employee
of any bank or trust company to directly or indirectly embezzle,
abstract, or misapply, or cause to be embezzled, abstracted or
misapplied, any of the funds or securities or other property of or
under the control of the bank or trust company with intent to
deceive, injure, cheat, wrong, or defraud any bank, trust company or
person.

SECTION 340. AMENDATORY 6 O.S. 2021, Section 1413, is
amended to read as follows:

Section 1413. It shall be unlawful and deemed a Class D1 felony
offense for any person to publish, utter, or circulate any false,
malicious, unprivileged statement or representation for the purpose
of injuring any banking institution or credit union chartered,
existing and doing business within the State of Oklahoma, under and
by virtue of the laws of this state, or under and by virtue of the
laws of the United States of America.

SECTION 341. AMENDATORY 6 O.S. 2021, Section 1414, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 348
Section 1414. A. Any person responsible for an act or omission
expressly declared to be unlawful or a criminal offense by this Code
shall be guilty:

(1) 1. Of a misdemeanor punishable by imprisonment for a term
not exceeding one (1) year or a fine not exceeding Fifty Thousand
Dollars ($50,000.00), or both.;

(2) 2. If the act or omission was intended to defraud, of a
Class D1 felony offense punishable by imprisonment not exceeding
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or a fine not exceeding
One Hundred Thousand Dollars ($100,000.00), or both.

B. An officer, director, employee, agent or attorney of a bank
or trust company shall be responsible for an act or omission of the
institution declared to be a criminal offense against this Code
whenever, knowing that such act or omission is unlawful, he
participates in authorizing, executing, ratifying or concealing such
act, or in authorizing or ratifying such omission or, having a duty
to take the required action, omits to do so.

A director shall be deemed to participate in any action of which
he has knowledge taken or omitted to be taken by the board of which
he is a member unless he dissents therefrom in writing and promptly
notifies the Commissioner of his dissent.

C. It shall be unlawful and deemed a criminal Class D1 felony
offense against this Code to violate any lawful order of the Board
or Commissioner, served upon it, or to knowingly violate any lawful
rule, regulation or order of the Board or Commissioner. Any person
who violates the provisions of this subsection shall, upon
conviction, be punished by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

The Commissioner may refer evidence concerning violations of
this Code or of any rule or order thereunder to the Attorney General
of the State of Oklahoma or to the district attorney for the county
where a violation occurred in order that an information or
indictment for such violations may be filed. The Attorney General
or district attorney may designate and appoint a lawyer of the
Department as special assistant, if available, for the purpose of
assisting in or conducting criminal prosecutions arising because of
the proceedings provided for in this section.
ENR. H. B. NO. 2104 Page 349

D. Unless otherwise provided in this Code, it shall be no
defense to a criminal prosecution hereunder that the defendant did
not know the facts establishing the criminal character of the act or
omission charged if he could and should have known such facts in the
proper performance of his duty.

E. This section shall not apply to specific offenses for which
criminal sanctions have been imposed in other sections of this Code.

SECTION 342. AMENDATORY 6 O.S. 2021, Section 1417, is
amended to read as follows:

Section 1417. A. It is unlawful and deemed a Class D1 felony
offense for any bank or out-of-state bank having a confusingly
similar name to advertise its name in Oklahoma, including without
limitation by means of outdoor signage, newspaper, radio,
television, billboards, bulk mailings, and other solicitations to
persons who are not customers of the bank, unless the advertising
also conspicuously identifies the city or town where that bank has
its main office. This subsection shall not apply to a bank's
advertising through local media. Any person who violates the
provisions of this subsection shall, upon conviction, be punished by
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.

B. It is unlawful and deemed a Class D1 felony offense for any
bank having a full legal name which is not a confusingly similar
name to use a shortened name for purposes of advertising within
Oklahoma, including without limitation on outdoor signage,
newspaper, radio, television, billboards, bulk mailings, and other
solicitations to persons who are not customers of the bank, if that
shortened name would be a confusingly similar name and if such
advertising does not also conspicuously identify the city or town
where that bank has its main office. This subsection shall not
apply to a bank's advertising through local media. Any person who
violates the provisions of this subsection shall, upon conviction,
be punished by imprisonment as provided for in subsections B through
F of Section 20N of Title 21 of the Oklahoma Statutes.

C. It shall be unlawful and deemed a Class D1 felony offense
for any bank which acquires another bank or other financial
institution for one or more of its offices or branches, by merger,
purchase and assumption or otherwise, to continue to use the former
name of the acquired institution or office, or similar name, for
ENR. H. B. NO. 2104 Page 350
more than six (6) months after the date of acquisition, either on
outdoor signage or in other advertising, unless such name is the
legal name of the resulting bank. Nothing contained in this
subsection shall prohibit an acquiring bank from using a variation
of the former name as a branch title if such variation is at all
times used only in combination with the name of the acquiring bank,
including the town or city where that bank has its main office, and
the word "branch" on any outdoor signage or in other advertising.
Any person who violates the provisions of this subsection shall,
upon conviction, be punished by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

D. It shall be unlawful and deemed a Class D1 felony offense
for any person which is not a bank to use or advertise a confusingly
similar name within the State of Oklahoma. Any person who violates
the provisions of this subsection shall, upon conviction, be
punished by imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes.

E. The Commissioner may issue an order in accordance with
Section 204 of this title to any Oklahoma chartered bank or bank
registered pursuant to Section 104 of this title, ordering such bank
to cease violating the provisions of this section. This remedy
shall be in addition to and not exclusive of the remedy provided in
subsection F of this section.

F. Whenever any bank or other person shall use or advertise a
name in violation of this section, the district court from which
lawful service is obtained shall, upon suit by the Commissioner or
any injured person, issue an injunction restraining such use or
advertisement. Provided, that the Commissioner shall be deemed to
be a necessary party to any suit brought pursuant to this section
and any suit brought by the Commissioner pursuant to this section
shall be properly brought as to both jurisdiction and venue, when
brought in a county where the office of the Commissioner is located.

G. Advertisements which were in conformance with this section
prior to April 29, 1991, but are not now in conformance with
subsections A and B of this section will not be considered to be in
violation of the law. This subsection shall not be interpreted to
allow any bank to begin the advertisement of a confusingly similar
name which it had not previously used or advertised prior to April
29, 1991, but shall only serve to protect the advertisement of such
names as are in lawful use as of April 29, 1991.
ENR. H. B. NO. 2104 Page 351

SECTION 343. AMENDATORY 10 O.S. 2021, Section 404.1, is
amended to read as follows:

Section 404.1. A. On and after November 1, 2013:

1. Prior to the issuance of a permit or license, owners and
responsible entities making a request to establish or operate a
child care facility shall have:

a. an Oklahoma State Courts Network search conducted by
the Department,

b. a Restricted Registry search conducted by the
facility,

c. a national criminal history records search conducted
pursuant to paragraph 10 of this subsection,

d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years,

e. a search of the Department of Corrections' files
maintained pursuant to the Sex Offenders Registration
Act and conducted by the Department of Human Services,

f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,

g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and

h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;

2. Prior to the employment of an individual:

ENR. H. B. NO. 2104 Page 352
a. an Oklahoma State Courts Network search, conducted by
the Department, shall be requested and received by the
facility; provided however, if twenty-four (24) hours
has passed from the time the request to the Department
was made, the facility may initiate employment,
notwithstanding the provisions of this paragraph,

b. a Restricted Registry search shall be conducted by the
facility with notification of the search submitted to
the Department,

c. a national criminal history records search pursuant to
paragraph 10 of this subsection shall be submitted,

d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years, shall be submitted to the
Department,

e. a search of the Department of Corrections' files
maintained pursuant to the Sex Offenders Registration
Act shall be conducted by the Department and received
by the facility,

f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,

g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and

h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;

3. Prior to allowing unsupervised access to children by
employees or individuals, including contract employees and
volunteers and excluding the exceptions in paragraph 8 of this
subsection:

ENR. H. B. NO. 2104 Page 353
a. Oklahoma State Courts Network search results,
conducted by the Department, shall be received by the
facility,

b. a Child Care Restricted Registry search shall be
conducted by the facility with notification of the
search submitted to the Department,

c. national criminal history records search results
pursuant to paragraph 10 of this subsection shall be
received by the facility,

d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years shall be submitted to the
Department,

e. a search of the Department of Corrections' files
maintained pursuant to the Sex Offenders Registration
Act shall be conducted by the Department and received
by the facility,

f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,

g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and

h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;

4. Prior to the issuance of a permit or license and prior to
the residence of adults who subsequently move into a facility,
adults living in the facility excluding the exception in paragraph 7
of this subsection shall have:

a. an Oklahoma State Courts Network search conducted by
the Department and the facility shall be in receipt of
the search results,
ENR. H. B. NO. 2104 Page 354

b. a Restricted Registry search conducted by the facility
with notification of the search submitted to the
Department,

c. a national criminal history records search conducted
pursuant to paragraph 10 of this subsection,

d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years,

e. a search of the Department of Corrections' files
maintained pursuant to the Sex Offenders Registration
Act conducted by the Department and received by the
facility,

f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,

g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and

h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;

5. Children who reside in the facility and turn eighteen (18)
years of age excluding the exception in paragraph 7 of this
subsection shall have:

a. an Oklahoma State Courts Network search conducted by
the Department,

b. a Restricted Registry search conducted by the facility
with notification of the search submitted to the
Department,

c. a national criminal history records search conducted
pursuant to paragraph 10 of this subsection, and
ENR. H. B. NO. 2104 Page 355

d. a search of the Department of Corrections' files
pursuant to the Sex Offenders Registration Act
conducted by the Department and received by the
facility;

6. Prior to review of or access to fingerprint results, owners,
responsible entities, directors, and other individuals who have
review of or access to fingerprint results shall have a national
criminal history records search pursuant to paragraph 10 of this
subsection;

7. Provisions specified in paragraphs 4 and 5 of this
subsection shall not apply to residents who are receiving services
from a residential child care facility;

8. A national criminal history records search pursuant to
paragraph 10 of this subsection shall not be required for volunteers
who transport children on an irregular basis when a release is
signed by the parent or legal guardian noting their understanding
that the volunteer does not have a completed national criminal
history records search. The provisions in paragraph 3 of this
subsection shall not be required for specialized service
professionals who are not employed by the program and have
unsupervised access to a child when a release is signed by the
parent or legal guardian noting his or her understanding of this
exception. These exceptions shall not preclude the Department from
requesting a national fingerprint or an Oklahoma State Bureau of
Investigation name-based criminal history records search or
investigating criminal, abusive, or harmful behavior of such
individuals, if warranted;

9. A national criminal history records search pursuant to
paragraph 10 of this subsection shall be required on or before
November 1, 2016, for existing owners, responsible entities,
employees, individuals with unsupervised access to children, and
adults living in the facility, as of November 1, 2013, unless
paragraph 6 of this subsection applies;

10. The Department shall require a national criminal history
records search based upon submission of fingerprints that shall:

a. be conducted by the Oklahoma State Bureau of
Investigation and the Federal Bureau of Investigation
pursuant to Section 150.9 of Title 74 of the Oklahoma
ENR. H. B. NO. 2104 Page 356
Statutes and the federal National Child Protection Act
and the federal Volunteers for Children Act with the
Department as the authorized agency,

b. be submitted and have results received between the
Department and the Oklahoma State Bureau of
Investigation through secure electronic transmissions,

c. include Oklahoma State Bureau of Investigation rap
back, requiring the Oklahoma State Bureau of
Investigation to immediately notify the Department
upon receipt of subsequent criminal history activity,
and

d. be paid by the individual or the facility;

11. The Director of the Department, or designee, shall
promulgate rules that may authorize an exception to the
fingerprinting requirements for individuals who have a severe
physical condition which precludes such individuals from being
fingerprinted;

12. The Director of the Department, or designee, shall
promulgate rules that ensure individuals obtain a criminal history
records search, not to include the re-submission of fingerprints,
not less than once during each five (5) year period;

13. Any individual who refuses to consent to the criminal
background check or knowingly makes a materially-false statement in
connection with such criminal background check shall be ineligible
for ownership of, employment of or residence in a child care
facility; and

14. The Office of Juvenile Affairs shall require national
criminal history records searches, as defined by Section 150.9 of
Title 74 of the Oklahoma Statutes, which shall be provided by the
Oklahoma State Bureau of Investigation for the purpose of obtaining
the national criminal history records search, including Rap Back
notification of and through direct request by the Office of Juvenile
Affairs on behalf of any:

a. operator or responsible entity making a request to
establish or operate a secure detention center,
municipal juvenile facility, community intervention
ENR. H. B. NO. 2104 Page 357
center or secure facility licensed or certified by the
Office of Juvenile Affairs,

b. employee or applicant of a secure detention center,
municipal juvenile facility, community intervention
center or secure facility licensed or certified by the
Office of Juvenile Affairs, or

c. persons allowed unsupervised access to children,
including contract employees or volunteers, of a
secure detention center, municipal juvenile facility,
community intervention center or secure facility
licensed or certified by the Office of Juvenile
Affairs.

B. 1. a. On and after September 1, 1998:

(1) any child-placing agency contracting with a
person for foster family home services or in any
manner for services for the care and supervision
of children shall also, prior to executing a
contract, complete:

(a) a foster parent eligibility assessment for
the foster care provider except as otherwise
provided by divisions (2) and (4) of this
subparagraph, and

(b) a national criminal history records search
based upon submission of fingerprints for
any adult residing in the foster family home
through the Department of Human Services
pursuant to the provisions of Section 1-7-
106 of Title 10A of the Oklahoma Statutes,
except as otherwise provided by divisions
(2) and (4) of this subparagraph,

(2) the child-placing agency may place a child
pending completion of the national criminal
history records search if the foster care
provider and every adult residing in the foster
family home has resided in this state for at
least five (5) years immediately preceding such
placement,

ENR. H. B. NO. 2104 Page 358
(3) a national criminal history records search based
upon submission of fingerprints to the Oklahoma
State Bureau of Investigation shall also be
completed for any adult who subsequently moves
into the foster family home,

(4) provided, however, the Director of Human Services
or the Director of the Office of Juvenile
Affairs, or a designee, may authorize an
exception to the fingerprinting requirement for a
person residing in the home who has a severe
physical condition which precludes such person's
being fingerprinted, and

(5) any child care facility contracting with any
person for foster family home services shall
request the Office of Juvenile Affairs to conduct
a juvenile justice information system review,
pursuant to the provisions of Sections 2-7-905
and 2-7-308 of Title 10A of the Oklahoma
Statutes, for any child over the age of thirteen
(13) years residing in the foster family home,
other than a foster child, or who subsequently
moves into the foster family home. As a
condition of contract, the child care facility
shall obtain the consent of the parent or legal
guardian of the child for such review.

b. The provisions of this paragraph shall not apply to
foster care providers having a contract or contracting
with a child-placing agency, the Department of Human
Services or the Office of Juvenile Affairs prior to
September 1, 1998. Such existing foster care
providers shall comply with the provisions of this
section, until otherwise provided by rules of the
Department or by law.

2. a. (1) On and after September 1, 1998, except as
otherwise provided in divisions (2) and (4) of
this subparagraph, prior to contracting with a
foster family home for placement of any child who
is in the custody of the Department of Human
Services or the Office of Juvenile Affairs, each
Department shall complete a foster parent
eligibility assessment, pursuant to the
ENR. H. B. NO. 2104 Page 359
provisions of the Oklahoma Child Care Facilities
Licensing Act, for such foster family applicant.
In addition, except as otherwise provided by
divisions (2) and (4) of this subparagraph, the
Department shall complete a national criminal
history records search based upon submission of
fingerprints for any adult residing in such
foster family home.

(2) The Department of Human Services and Office of
Juvenile Affairs may place a child pending
completion of the national criminal history
records search if the foster care provider and
every adult residing in the foster family home
has resided in this state for at least five (5)
years immediately preceding such placement.

(3) A national criminal history records search based
upon submission of fingerprints conducted by the
Oklahoma State Bureau of Investigation shall also
be completed for any adult who subsequently moves
into the foster family home.

(4) The Director of Human Services or the Director of
the Office of Juvenile Affairs or their designee
may authorize an exception to the fingerprinting
requirement for any person residing in the home
who has a severe physical condition which
precludes such person's being fingerprinted.

b. The provisions of this paragraph shall not apply to
foster care providers having a contract or contracting
with a child-placing agency, the Department of Human
Services or the Office of Juvenile Affairs prior to
September 1, 1998. Such existing foster care
providers shall comply with the provisions of this
section, until otherwise provided by rules of the
Department or by law.

3. The Department of Human Services or the Office of Juvenile
Affairs shall provide for a juvenile justice information system
review pursuant to Section 2-7-308 of Title 10A of the Oklahoma
Statutes for any child over the age of thirteen (13) years residing
in a foster family home, other than the foster child, or who
subsequently moves into the foster family home.
ENR. H. B. NO. 2104 Page 360

C. The Department or the Board of Juvenile Affairs shall
promulgate rules to identify circumstances when a criminal history
records search or foster parent eligibility assessment for an
applicant or contractor, or any person over the age of thirteen (13)
years residing in a private residence in which a child care facility
is located, shall be expanded beyond the records search conducted by
the Oklahoma State Bureau of Investigation or as otherwise provided
pursuant to this section.

D. Except as otherwise provided by the Oklahoma Children's Code
and subsection F of this section, a conviction for a crime shall not
be an absolute bar to employment, but shall be considered in
relation to specific employment duties and responsibilities.

E. 1. Information received pursuant to this section by an
owner, administrator, or responsible entity of a child care
facility, shall be maintained in a confidential manner pursuant to
applicable state and federal laws.

2. The information, along with any other information relevant
to the ability of the individual to perform tasks that require
direct contact with children, may be released to another child care
facility in response to a request from the child care facility that
is considering employing or contracting with the individual unless
deemed confidential by state and federal laws.

3. Requirements for confidentiality and recordkeeping with
regard to the information shall be the same for the child care
facility receiving the information in response to a request as those
provided for in paragraph 1 of this subsection for the child care
facility releasing such information.

4. Information received by any facility certified by the Office
of Juvenile Affairs may be released to another facility certified by
the Office if an individual is being considered for employment or
contract, along with any other relevant information, unless the
information is deemed confidential by state or federal law. Any
information received by the Office shall be maintained in a
confidential manner pursuant to applicable state and federal law.

F. 1. It shall be unlawful for individuals who are required to
register pursuant to the Sex Offenders Registration Act to work with
or provide services to children or to reside in a child care
facility and for any employer who offers or provides services to
ENR. H. B. NO. 2104 Page 361
children to knowingly and willfully employ or contract with, or
allow continued employment of or contracting with individuals who
are required to register pursuant to the Sex Offenders Registration
Act. Individuals required to register pursuant to the Sex Offenders
Registration Act who violate any provision of Section 401 et seq. of
this title shall, upon conviction, be guilty of a Class D1 felony
offense punishable by incarceration in a correctional facility for a
period of not more than five (5) years and as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or a fine of not more than Five Thousand Dollars
($5,000.00), or both such fine and imprisonment.

2. It shall be unlawful for an individual who is the
perpetrator of a substantiated finding by the Department of heinous
and shocking abuse by a person responsible for a child's health,
safety, or welfare, as those terms are defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, to work with or provide services
to children or to reside in a child care facility and for any
employer who offers or provides services to children to knowingly
and willfully employ or contract with, or allow continued employment
of or contracting with such individual.

3. Upon a determination by the Department of any violation of
the provisions of this section, the violator shall be subject to and
the Department may pursue:

a. an emergency order,

b. license revocation or denial,

c. injunctive proceedings,

d. an administrative penalty not to exceed Ten Thousand
Dollars ($10,000.00), and

e. referral for criminal proceedings.

4. In addition to the penalties specified by this section, the
violator may be liable for civil damages.

SECTION 344. AMENDATORY 10A O.S. 2021, Section 1-2-101,
is amended to read as follows:

ENR. H. B. NO. 2104 Page 362
Section 1-2-101. A. 1. The Department of Human Services shall
establish a statewide centralized hotline for the reporting of child
abuse or neglect to the Department.

2. The Department shall provide hotline-specific training
including, but not limited to, interviewing skills, customer service
skills, narrative writing, necessary computer systems, making case
determinations, and identifying priority situations.

3. The Department is authorized to contract with third parties
in order to train hotline workers.

4. The Department shall develop a system to track the number of
calls received, and of that number:

a. the number of calls screened out,

b. the number of referrals assigned,

c. the number of calls received by persons unwilling to
disclose basic personal information including, but not
limited to, first and last name, and

d. the number of calls in which the allegations were
later found to be unsubstantiated or ruled out.

5. The Department shall electronically record each referral
received by the hotline and establish a secure means of retaining
the recordings for twelve (12) months. The recordings shall be
confidential and subject to disclosure only if a court orders the
disclosure of the referral. The Department shall redact any
information identifying the reporting party unless otherwise ordered
by the court.

B. 1. Every person having reason to believe that a child under
the age of eighteen (18) years is a victim of abuse or neglect shall
report the matter immediately to the Department of Human Services.
Reports shall be made to the hotline provided for in subsection A of
this section. Any allegation of abuse or neglect reported in any
manner to a county office shall immediately be referred to the
hotline by the Department. Provided, however, that in actions for
custody by abandonment, provided for in Section 2-117 of Title 30 of
the Oklahoma Statutes, there shall be no reporting requirement.

ENR. H. B. NO. 2104 Page 363
2. a. Every school employee having reason to believe that a
student under the age of eighteen (18) years is a
victim of abuse or neglect shall report the matter
immediately to the Department of Human Services and
local law enforcement. Reports to the Department
shall be made to the hotline provided for in
subsection A of this section. Any allegation of abuse
or neglect reported in any manner to a county office
shall immediately be referred to the hotline by the
Department. Provided, however, that in actions for
custody by abandonment, provided for in Section 2-117
of Title 30 of the Oklahoma Statutes, there shall be
no reporting requirement.

b. Every school employee having reason to believe that a
student age eighteen (18) years or older is a victim
of abuse or neglect shall report the matter
immediately to local law enforcement.

c. In reports required by subparagraph a or b of this
paragraph, local law enforcement shall keep
confidential and redact any information identifying
the reporting school employee unless otherwise ordered
by the court. A school employee with knowledge of a
report required by subparagraph a or b of this
paragraph shall not disclose information identifying
the reporting school employee unless otherwise ordered
by the court or as part of an investigation by local
law enforcement or the Department.

3. Every physician, surgeon, or other health care professional
including doctors of medicine, licensed osteopathic physicians,
residents and interns, or any other health care professional or
midwife involved in the prenatal care of expectant mothers or the
delivery or care of infants shall promptly report to the Department
instances in which an infant tests positive for alcohol or a
controlled dangerous substance. This shall include infants who are
diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol
Spectrum Disorder.

4. No privilege or contract shall relieve any person from the
requirement of reporting pursuant to this section.

5. The reporting obligations under this section are individual,
and no employer, supervisor, administrator, governing body or entity
ENR. H. B. NO. 2104 Page 364
shall interfere with the reporting obligations of any employee or
other person or in any manner discriminate or retaliate against the
employee or other person who in good faith reports suspected child
abuse or neglect, or who provides testimony in any proceeding
involving child abuse or neglect. Any employer, supervisor,
administrator, governing body or entity who discharges,
discriminates or retaliates against the employee or other person
shall be liable for damages, costs and attorney fees. If a child
who is the subject of the report or other child is harmed by the
discharge, discrimination or retaliation described in this
paragraph, the party harmed may file an action to recover damages,
costs and attorney fees.

6. Every physician, surgeon, other health care professional or
midwife making a report of abuse or neglect as required by this
subsection or examining a child to determine the likelihood of abuse
or neglect and every hospital or related institution in which the
child was examined or treated shall provide, upon request, copies of
the results of the examination or copies of the examination on which
the report was based and any other clinical notes, x-rays,
photographs, and other previous or current records relevant to the
case to law enforcement officers conducting a criminal investigation
into the case and to employees of the Department of Human Services
conducting an investigation of alleged abuse or neglect in the case.

C. Any person who knowingly and willfully fails to promptly
report suspected child abuse or neglect or who interferes with the
prompt reporting of suspected child abuse or neglect may be reported
to local law enforcement for criminal investigation and, upon
conviction thereof, shall be guilty of a misdemeanor. Any person
with prolonged knowledge of ongoing child abuse or neglect who
knowingly and willfully fails to promptly report such knowledge may
be reported to local law enforcement for criminal investigation and,
upon conviction thereof, shall be guilty of a Class D1 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes. For the purposes of this paragraph, "prolonged knowledge"
shall mean knowledge of at least six (6) months of child abuse or
neglect.

D. 1. Any person who knowingly and willfully makes a false
report pursuant to the provisions of this section or a report that
the person knows lacks factual foundation may be reported to local
law enforcement for criminal investigation and, upon conviction
thereof, shall be guilty of a misdemeanor.
ENR. H. B. NO. 2104 Page 365

2. If a court determines that an accusation of child abuse or
neglect made during a child custody proceeding is false and the
person making the accusation knew it to be false at the time the
accusation was made, the court may impose a fine, not to exceed Five
Thousand Dollars ($5,000.00) and reasonable attorney fees incurred
in recovering the sanctions, against the person making the
accusation. The remedy provided by this paragraph is in addition to
paragraph 1 of this subsection or to any other remedy provided by
law.

E. Nothing contained in this section shall be construed to
exempt or prohibit any person from reporting any suspected child
abuse or neglect pursuant to subsection B of this section.

SECTION 345. AMENDATORY 13 O.S. 2021, Section 176.3, is
amended to read as follows:

Section 176.3. Except as otherwise specifically provided in
this act, any person is guilty of a Class D1 felony offense and upon
conviction shall be punished by a fine of not less than Five
Thousand Dollars ($5,000.00), or by imprisonment of not more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both who:

1. Willfully intercepts, endeavors to intercept or procures any
other person to intercept or endeavor to intercept any wire, oral or
electronic communication;

2. Willfully uses, endeavors to use or procures any other
person to use or endeavor to use any electronic, mechanical or other
device to intercept any oral communication;

3. Willfully discloses or endeavors to disclose to any other
person the contents of any wire, oral or electronic communication,
knowing or having reason to know that the information was obtained
in violation of the provisions of the Security of Communications
Act;

4. Willfully uses or endeavors to use the contents of any wire,
oral or electronic communication, knowing or having reason to know
that the information was obtained in violation of the provisions of
the Security of Communications Act;

ENR. H. B. NO. 2104 Page 366
5. Willfully and maliciously, without legal authority, removes,
injures or obstructs any telephone or telegraph line, or any part or
appurtenances or apparatus connected thereto, or severs any wires
thereof;

6. Sends through the mail or sends or carries any electronic,
mechanical or other device with the intention of rendering the
device primarily useful for the purpose of the illegal interception
of wire, oral or electronic communications in violation of the
provisions of the Security of Communications Act;

7. Manufactures, assembles, possesses or sells any electronic,
mechanical or other device with the intention of rendering the
device primarily useful for the purpose of the illegal interception
of wire, oral or electronic communications in violation of the
provisions of the Security of Communications Act; or

8. Willfully uses any communication facility in committing or
in causing or facilitating the commission of any act or acts
constituting one or more of the felonies enumerated in Section 176.7
of this title. Each separate use of a communication facility to
cause or facilitate such a felony shall be a separate offense.
Venue for any violation of this section shall lie in the same county
as venue for the underlying felony enumerated in Section 176.7 of
this title.

SECTION 346. AMENDATORY 15 O.S. 2021, Section 753, as
amended by Section 1, Chapter 368, O.S.L. 2023 (15 O.S. Supp. 2024,
Section 753), is amended to read as follows:

Section 753. A person engages in a practice which is declared
to be unlawful and deemed a Class D1 felony offense under the
Oklahoma Consumer Protection Act when, in the course of the person's
business, the person:

1. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular make or brand,
when it is of another;

2. Makes a false or misleading representation, knowingly or
with reason to know, as to the source, sponsorship, approval, or
certification of the subject of a consumer transaction;

ENR. H. B. NO. 2104 Page 367
3. Makes a false or misleading representation, knowingly or
with reason to know, as to affiliation, connection, association
with, or certification by another;

4. Makes a false or misleading representation or designation,
knowingly or with reason to know, of the geographic origin of the
subject of a consumer transaction;

5. Makes a false representation, knowingly or with reason to
know, as to the characteristics, ingredients, uses, benefits,
alterations, or quantities of the subject of a consumer transaction
or a false representation as to the sponsorship, approval, status,
affiliation or connection of a person therewith;

6. Knowingly or with reason to know, makes a false or
misleading representation or gives the false or misleading
impression of being affiliated with a state agency or an affiliate
of a state agency through advertisement or publication;

7. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is original or new if the person
knows that it is reconditioned, reclaimed, used, or secondhand;

8. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular standard, style
or model, if it is of another;

9. Advertises, knowingly or with reason to know, the subject of
a consumer transaction with intent not to sell it as advertised;

10. Advertises, knowingly or with reason to know, the subject
of a consumer transaction with intent not to supply reasonably
expected public demand, unless the advertisement discloses a
limitation of quantity;

11. Advertises under the guise of obtaining sales personnel
when in fact the purpose is to sell the subject of a consumer
transaction to the sales personnel applicants;

12. Makes false or misleading statements of fact, knowingly or
with reason to know, concerning the price of the subject of a
consumer transaction or the reason for, existence of, or amounts of
price reduction;

ENR. H. B. NO. 2104 Page 368
13. Employs "bait and switch" advertising, which consists of an
offer to sell the subject of a consumer transaction which the seller
does not intend to sell, which advertising is accompanied by one or
more of the following practices:

a. refusal to show the subject of a consumer transaction
advertised,

b. disparagement of the advertised subject of a consumer
transaction or the terms of sale,

c. requiring undisclosed tie-in sales or other
undisclosed conditions to be met prior to selling the
advertised subject of a consumer transaction,

d. refusal to take orders for the subject of a consumer
transaction advertised for delivery within a
reasonable time,

e. showing or demonstrating defective subject of a
consumer transaction which the seller knows is
unusable or impracticable for the purpose set forth in
the advertisement,

f. accepting a deposit for the subject of a consumer
transaction and subsequently charging the buyer for a
higher priced item, or

g. willful failure to make deliveries of the subject of a
consumer transaction within a reasonable time or to
make a refund therefor upon the request of the
purchaser;

14. Conducts a closing out sale without having first obtained a
license as required in the Oklahoma Consumer Protection Act;

15. Resumes the business for which the closing out sale was
conducted within thirty-six (36) months from the expiration date of
the closing out sale license;

16. Falsely states, knowingly or with reason to know, that
services, replacements or repairs are needed;

17. Violates any provision of the Oklahoma Health Spa Act;

ENR. H. B. NO. 2104 Page 369
18. Violates any provision of the Home Repair Fraud Act;

19. Violates any provision of the Consumer Disclosure of Prizes
and Gifts Act;

20. Violates any provision of Section 755.1 of this title or
Section 1847a of Title 21 of the Oklahoma Statutes;

21. Commits an unfair or deceptive trade practice as defined in
Section 752 of this title;

22. Violates any provision of Section 169.1 of Title 8 of the
Oklahoma Statutes in fraudulently or intentionally failing or
refusing to honor the contract to provide certain cemetery services
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;

23. Misrepresents a mail solicitation as an invoice or as a
billing statement;

24. Offers to purchase a mineral or royalty interest through an
offer that resembles an oil and gas lease and that the consumer
believed was an oil and gas lease;

25. Refuses to honor gift certificates, warranties, or any
other merchandise offered by a person in a consumer transaction
executed prior to the closing of the business of the person without
providing a purchaser a means of redeeming such merchandise or
ensuring the warranties offered will be honored by another person;

26. Knowingly causes a charge to be made by any billing method
to a consumer for services which the person knows was not authorized
in advance by the consumer;

27. Knowingly causes a charge to be made by any billing method
to a consumer for a product or products which the person knows was
not authorized in advance by the consumer;

28. Violates Section 752A of this title;

29. Makes deceptive use of another's name in notification or
solicitation, as defined in Section 752 of this title;

30. Falsely states or implies that any person, product or
service is recommended or endorsed by a named third person;
ENR. H. B. NO. 2104 Page 370

31. Falsely states that information about the consumer,
including but not limited to, the name, address or phone number of
the consumer has been provided by a third person, whether that
person is named or unnamed;

32. Acting as a debt collector, contacts a debtor and threatens
to file a suit against the debtor over a debt barred by the statute
of limitations which has passed for filing suit for such debt; or

33. Acting as a debt collector, contacts a debtor and uses
obscene or profane language to collect a debt.

SECTION 347. AMENDATORY 15 O.S. 2021, Section 761.1, is
amended to read as follows:

Section 761.1. A. The commission of any act or practice
declared to be a violation of the Consumer Protection Act shall
render the violator liable to the aggrieved consumer for the payment
of actual damages sustained by the customer and costs of litigation
including reasonable attorney's fees, and the aggrieved consumer
shall have a private right of action for damages, including but not
limited to, costs and attorney's fees. In any private action for
damages for a violation of the Consumer Protection Act the court
shall, subsequent to adjudication on the merits and upon motion of
the prevailing party, determine whether a claim or defense asserted
in the action by a nonprevailing party was asserted in bad faith,
was not well grounded in fact, or was unwarranted by existing law or
a good faith argument for the extension, modification, or reversal
of existing law. Upon so finding, the court shall enter a judgment
ordering such nonprevailing party to reimburse the prevailing party
an amount not to exceed Ten Thousand Dollars ($10,000.00) for
reasonable costs, including attorney's fees, incurred with respect
to such claim or defense.

B. The commission of any act or practice declared to be a
violation of the Consumer Protection Act, if such act or practice is
also found to be unconscionable, shall render the violator liable to
the aggrieved customer for the payment of a civil penalty,
recoverable in an individual action only, in a sum set by the court
of not more than Two Thousand Dollars ($2,000.00) for each
violation. In determining whether an act or practice is
unconscionable the following circumstances shall be taken into
consideration by the court: (1) whether the violator knowingly or
with reason to know, took advantage of a consumer reasonably unable
ENR. H. B. NO. 2104 Page 371
to protect his or her interests because of his or her age, physical
infirmity, ignorance, illiteracy, inability to understand the
language of an agreement or similar factor; (2) whether, at the time
the consumer transaction was entered into, the violator knew or had
reason to know that price grossly exceeded the price at which
similar property or services were readily obtainable in similar
transactions by like consumers; (3) whether, at the time the
consumer transaction was entered into, the violator knew or had
reason to know that there was no reasonable probability of payment
of the obligation in full by the consumer; (4) whether the violator
knew or had reason to know that the transaction he or she induced
the consumer to enter into was excessively one-sided in favor of the
violator.

C. Any person who is found to be in violation of the Oklahoma
Consumer Protection Act in a civil action or who willfully violates
the terms of any injunction or court order issued pursuant to the
Consumer Protection Act shall forfeit and pay a civil penalty of not
more than Ten Thousand Dollars ($10,000.00) per violation, in
addition to other penalties that may be imposed by the court, as the
court shall deem necessary and proper. For the purposes of this
section, the district court issuing an injunction shall retain
jurisdiction, and in such cases, the Attorney General, acting in the
name of the state, or a district attorney may petition for recovery
of civil penalties.

D. In administering and pursuing actions under this act, the
Attorney General and a district attorney are authorized to sue for
and collect reasonable expenses, attorney's fees, and investigation
fees as determined by the court. Civil penalties or contempt
penalties sued for and recovered by the Attorney General or a
district attorney shall be used for the furtherance of their duties
and activities under the Consumer Protection Act.

E. In addition to other penalties imposed by the Oklahoma
Consumer Protection Act, any person convicted in a criminal
proceeding of violating the Oklahoma Consumer Protection Act shall
be guilty of a misdemeanor for the first offense and upon conviction
thereof shall be subject to a fine not to exceed One Thousand
Dollars ($1,000.00), or imprisonment in the county jail for not more
than one (1) year, or both such fine and imprisonment. If the value
of the money, property or valuable thing referred to in this section
is Five Hundred Dollars ($500.00) or more or if the conviction is
for a second or subsequent violation of the provisions of the
Oklahoma Consumer Protection Act, any person convicted pursuant to
ENR. H. B. NO. 2104 Page 372
this subsection shall be deemed guilty of a D1 felony offense and
shall be subject to imprisonment in the State Penitentiary, for not
more than ten (10) years as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes, or a fine not
to exceed Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.

SECTION 348. AMENDATORY 15 O.S. 2021, Section 765.3, is
amended to read as follows:

Section 765.3. A. A person commits the offense of home repair
fraud if the person knowingly or with reason to know:

1. enters Enters into a consumer transaction for home repair
and knowingly or with reason to know:

a. misrepresents a material fact relating to the terms of
the consumer transaction or the preexisting or
existing condition of any portion of the property
involved, or creates or confirms an impression of the
consumer which is false and which the violator does
not believe to be true, or promises performance which
the violator does not intend to perform or knows will
not be performed;, or

b. uses or employs any deception, false pretense or false
promises in order to induce, encourage or solicit such
consumer to enter into any consumer transaction;, or

c. requires payment for the home repair at a price which
unreasonably exceeds the value of the services and
materials needed for the home repair;

2. damages Damages the property of a person with the intent to
enter into a consumer transaction for home repair; or

3. misrepresents Misrepresents himself or another to be an
employee or agent of any unit of the federal, state, county, or
municipal government, or an employee or agent of any public utility,
with the intent to cause a person to enter into, with himself or
another, any consumer transaction for home repair.

B. Any person convicted in a criminal proceeding of violating
the Home Repair Fraud Act shall be guilty of a Class D1 felony
offense and shall be subject to imprisonment as provided for in
ENR. H. B. NO. 2104 Page 373
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 349. AMENDATORY 15 O.S. 2021, Section 767, is
amended to read as follows:

Section 767. A. It shall be unlawful and deemed a Class D1
felony offense for any person to advertise or conduct a closing out
sale unless a license is first obtained to conduct such sale. Any
applicant for a closing out sale license shall file an application
in writing and under oath with the clerk of the district court, on
an application form prescribed by the Attorney General. The
application form shall contain the following information, and such
other information as the Attorney General may require:

1. The name and address of the owner of the goods, wares, or
merchandise to be sold;

2. A description of the place of business where the sale is to
be held;

3. The name and address of the person holding or conducting the
sale;

4. The nature of the occupancy of the place where the sale is
to be held, whether by lease or otherwise, and the effective date of
termination of the occupancy;

5. A full and complete statement of the facts regarding the
proposed sale, including the reason the sale is being conducted, the
manner in which the sale will be conducted, and the commencement and
termination date of the sale; and

6. A complete and detailed inventory of the goods, wares, and
merchandise to be offered at the sale as disclosed by the records of
the applicant or a statement of both the cost and retail value of
the inventory of goods, wares, and merchandise to be offered at the
sale, based on the physical inventory used for the most recent
federal income tax returns adjusted for sales, purchases, and
markdowns of the applicant. Adjustments for sales, purchases, and
markdowns shall be shown on a monthly basis to the date of the
application.

Any person who advertises or conducts a closing out sale without
first obtaining a license to conduct such sale shall, upon
ENR. H. B. NO. 2104 Page 374
conviction, be guilty of a Class D1 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes.

B. Each application shall be accompanied by an affidavit signed
by the applicant attesting to the facts in the application.

C. A fee of Twenty-five Dollars ($25.00) shall be charged by
the clerk of the district court for the issuance of a license.

D. Any person making a false statement in the application, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished by imprisonment as provided for in subsections B through
F of Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 350. AMENDATORY 15 O.S. 2021, Section 776.1, is
amended to read as follows:

Section 776.1. A. It shall be unlawful for a person to
initiate an electronic mail message that the sender knows, or has
reason to know:

1. Misrepresents any information in identifying the point of
origin or the transmission path of the electronic mail message;

2. Does not contain information identifying the point of origin
or the transmission path of the electronic mail message;

3. Contains false, malicious, or misleading information which
purposely or negligently injures a person;

4. Falsely represents that it is being sent by a legitimate
online business;

5. Refers or links the recipient of the message to a web page
that is represented as being associated with a legitimate online
business with the intent to engage in conduct involving the
fraudulent use or possession of identifying information; or

6. Directly or indirectly induces, requests, or solicits the
recipient of the electronic mail message to provide identifying
information for a purpose the recipient believes is legitimate.

B. Any person violating the provisions of this section shall be
subject to a civil penalty of up to Five Hundred Dollars ($500.00).
ENR. H. B. NO. 2104 Page 375

C. All acts and practices declared to be unlawful by
subsections A and E of this section shall, in addition, be
violations of the Oklahoma Consumer Protection Act.

D. For purposes of this section, an electronic mail message
which is declared to be unlawful by subsection A of this section
shall be considered a fraudulent electronic mail message or a
fraudulent bulk electronic mail message and shall be deemed a Class
D1 felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

E. It shall be unlawful for any person to sell, give, or
otherwise distribute or possess with the intent to sell, give or
distribute software which:

1. Is primarily designed or produced for the purpose of
facilitating or enabling the falsification of electronic mail
transmission information or other routing information;

2. Has only limited commercially significant purpose or use
other than to facilitate or enable the falsification of electronic
mail transmission information or other routing information; or

3. Is marketed by that person or another acting in concert with
that person and with that person’s knowledge for use in facilitating
or enabling the falsification of electronic mail transmission
information or other routing information.

Any person who violates the provisions of this subsection shall,
upon conviction, be guilty of a Class D1 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 351. AMENDATORY 15 O.S. 2021, Section 776.6, is
amended to read as follows:

Section 776.6. A. It shall be a violation of this act and
deemed a Class D1 felony offense for any person to transmit a
commercial electronic mail message that:

1. Falsifies electronic mail transmission information or other
routing information for the unsolicited commercial electronic
message; or
ENR. H. B. NO. 2104 Page 376

2. Contains false or misleading information in the subject
line.

B. It shall be a violation of this act and deemed a Class D1
felony offense for any person that sends a commercial electronic
mail message to use a third party’s internet Internet address or
domain name without the third party’s consent for the purpose of
transmitting electronic mail in a way that makes it appear that the
third party was the sender of such mail.

C. It shall be a violation of this act and deemed a Class D1
felony offense for any person that sends an unsolicited commercial
electronic mail message to fail to use the exact characters “ADV:”
as the first four characters in the subject line of an unsolicited
commercial electronic mail message.

D. It shall be a violation of this act and deemed a Class D1
felony offense for any person that sends an unsolicited commercial
electronic mail message containing sexually explicit material, or
advertising sexually explicit goods or services, to fail to use the
exact characters “ADV-ADULT:” as the first ten characters in the
subject line of such an unsolicited commercial electronic mail
message.

E. It shall be a violation of this act and deemed a Class D1
felony offense for any person that sends an unsolicited commercial
electronic mail message to fail to provide a mechanism allowing
recipients to easily and at no cost remove themselves from the
sender’s electronic mail address lists so they are not included in
future mailings. A sender of an unsolicited commercial electronic
mail message shall remove the recipient from their electronic mail
message list if the sender receives an electronic mail message from
the recipient to the sender-operated return electronic mail address
that indicates anywhere in the subject line or text that the
recipient wants their name removed from the list of the sender.

F. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D1 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 352. AMENDATORY 17 O.S. 2021, Section 16, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 377
Section 16. Any person who shall conceal, destroy, or mutilate
or attempt to conceal, destroy, or mutilate any records, books, or
files of any corporation transacting business in this state for the
purpose of defeating, hindering or delaying any investigation,
prosecution or suit at law or equity, or any cause of action in any
vested rights of any citizen of this state, shall be deemed guilty
of a Class D1 felony offense, and upon conviction thereof shall be
punished by imprisonment in the State Penitentiary for not less than
one (1) year nor more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 353. AMENDATORY 18 O.S. 2021, Section 411, is
amended to read as follows:

Section 411. Thirty (30) days after the passage and approval of
this bill, all chambers of commerce, commercial clubs, or any such
associations organized and doing business in this state as is
commonly done by such associations shall make a report to their
entire membership, setting forth and itemizing their receipts and
disbursements for the year ending at the date of the passage and
approval of this bill, and shall thereafter make a like report each
year ending June 30th.

Every committee or individual who solicits or receives any funds
from the public for such associations herein named shall make a full
itemized report of all receipts and disbursements thereof. The
report shall be filed with the city clerk where the committee or
person soliciting such fund resides, or where the funds were
collected; provided, that any person or committee who diverts the
funds so collected from the purposes for which they were solicited
or collected shall be guilty of a Class D1 felony offense and on
conviction therefor shall be punished by confinement in the State
Penitentiary for a term of not less than one (1) year nor more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.

SECTION 354. AMENDATORY 18 O.S. 2021, Section 553.1, is
amended to read as follows:

Section 553.1. It shall be unlawful and deemed a Class D1
felony offense for any person, organization, group, association,
partnership, corporation, or combination thereof, to conduct or
carry on any drive for, or to solicit or invite, contributions of
funds for the purpose of or under the guise or representation or
ENR. H. B. NO. 2104 Page 378
promise of being able to secure old age or other assistance for any
person, under any state or federal law, or of securing for such
person or persons higher or additional assistance.

SECTION 355. AMENDATORY 18 O.S. 2021, Section 553.3, is
amended to read as follows:

Section 553.3. Any violation of the provisions of Sections
553.1 and 553.2 of this title shall constitute a Class D1 felony
offense and any person guilty thereof shall, upon conviction, be
fined not more than Ten Thousand Dollars ($10,000.00) and may, or be
confined in the State Penitentiary for a period of not to exceed ten
(10) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment. Any such prohibited communication by any agent or
servant of a corporation shall subject such corporation to the fine
above specified in addition to whatever penalty is imposed upon such
agent or servant. Any corporation may be enjoined in the manner
provided in Section 12, Chapter 70, Title 21, Page 193, Oklahoma
Session Laws 1955, when any of the conditions herein set forth are
found to exist with respect to a violation of this act, or it may be
subject to the cancellation therein specified.

SECTION 356. AMENDATORY 19 O.S. 2021, Section 90, is
amended to read as follows:

Section 90. Any city, town or place being a candidate for the
location of any county seat in any such election may appoint and
designate one qualified elector in any precinct or voting place to
act as challenger at such precinct; and may appoint and designate
one poll book holder and one special watcher in any such precinct or
voting place: Provided, that the challenger, poll book holder and
watcher shall perform duties as provided by law governing any
general election. Any such city, town or place may appoint in
writing by, the mayor or president of the board of trustees thereof
or the president of the organization representing such place one
qualified elector of the county for each precinct who shall have the
right to be present in the room where the election is held at the
precinct to which such person is assigned, and during all the time
of the receipt and counting of the tickets or ballots, and until the
vote is fully canvassed by such election officers, and the returns
certified by the inspector, judges and clerks, and to whom the
inspector, judges and clerks shall deliver a certificate, signed by
each of them, of the vote received at said election by each
candidate, and the refusal of any such inspector, judge or clerk, or
ENR. H. B. NO. 2104 Page 379
other person to extend and enforce the right herein granted, shall
constitute a Class D1 felony offense and shall, upon conviction, be
punished by imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes. Such person
shall deliver such written appointment to the special election
commissioner of such election in proof of his authority to represent
his town as aforesaid at such election.

SECTION 357. AMENDATORY 19 O.S. 2021, Section 91, is
amended to read as follows:

Section 91. Any election officer who shall be appointed or
commissioned under the provisions of this article or the laws of
Oklahoma, and who shall knowingly and willfully fail or refuse to
perform the duties required of him, shall be guilty of a Class D1
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes.

SECTION 358. AMENDATORY 19 O.S. 2021, Section 686, is
amended to read as follows:

Section 686. Any official or employee thereof or any member or
employee of any county board or county commission who shall fail,
neglect or refuse to comply with the requirements of Section 682 of
this title, or any other provision of this act, shall forfeit and
pay to the use of the county the sum of Ten Dollars ($10.00) per day
for each and every day that he shall so fail, neglect or refuse to
comply with the requirements of said act, and shall forfeit and be
removed from office; and, any such official who shall issue, sign,
attest or utter any false or illegal voucher against any monies
deposited, as in this act provided, shall be liable to the county on
his official bond for a sum double in amount of any such illegal or
fraudulent voucher, and shall be guilty of a Class D1 felony offense
and upon conviction thereof shall be punished by a fine in a sum of
not less than One Hundred Dollars ($100.00) nor more than One
Thousand Dollars ($1,000.00) and by imprisonment in the State
Penitentiary for a term of not less than one (1) year nor more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.

SECTION 359. AMENDATORY 21 O.S. 2021, Section 318, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 380
Section 318. No It shall be unlawful and deemed a Class D1
felony offense for any person, firm, or member of a firm,
corporation, or association shall to give or offer any money,
position or thing of value to any member of the State Legislature to
influence him to work or to vote for any proposition, nor and shall
be unlawful for any member of the State Legislature to accept any
money, position, promise, or reward or thing of value for his work
or vote upon any bill, resolution or measure before either house of
the Legislature.

SECTION 360. AMENDATORY 21 O.S. 2021, Section 320, is
amended to read as follows:

Section 320. Any person or member of any firm, corporation or
association violating the provisions of Section 318 of this title
shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary for not less than two (2)
years nor more than five (5) years as provided for in subsections B
through F of Section 20N of this title, and by a fine in the sum of
not less than One Thousand Dollars ($1,000.00) nor more than Five
Thousand Dollars ($5,000.00).

SECTION 361. AMENDATORY 21 O.S. 2021, Section 321, is
amended to read as follows:

Section 321. It shall be unlawful and deemed a Class D1 felony
offense for any member of the Legislature of Oklahoma to solicit,
receive or accept any money or thing of value either directly or
through another person for soliciting or securing employment of or
for another person from any department or institution of the state,
where the said department or institution is supported in whole or in
part from revenues levied pursuant to law or appropriations made by
the Legislature.

SECTION 362. AMENDATORY 21 O.S. 2021, Section 322, is
amended to read as follows:

Section 322. Any member of the Legislature who shall violate
the provisions of Section 321 of this title shall be guilty of a
Class D1 felony offense, and upon conviction shall be fined in any
sum not less than One Hundred Dollars ($100.00) nor to exceed One
Thousand Dollars ($1,000.00), and be sentenced to the State
Penitentiary for a term not less than one (1) year nor to exceed
five (5) years a term of incarceration as provided for in
ENR. H. B. NO. 2104 Page 381
subsections B through F of Section 20N of this title, and, in
addition thereto, the member shall forfeit office.

SECTION 363. AMENDATORY 21 O.S. 2021, Section 334, is
amended to read as follows:

Section 334. No person may retain or employ a lobbyist, as
defined in Section 4249 of Title 74 of the Oklahoma Statutes, for
compensation contingent in whole or in part on the passage or defeat
of any official action or the approval or veto of any legislation,
issuance of an executive order or approval or denial of a pardon or
parole by the Governor. No lobbyist may accept any employment or
render any service for compensation contingent on the passage or
defeat of any legislation or the approval or veto of any legislation
by the Governor. Any person convicted of violating the provisions
of this section shall be guilty of a Class D1 felony offense
punishable by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment in the State Penitentiary not
exceeding two (2) years as provided for in subsections B through F
of Section 20N of this title, or by both such fine and imprisonment.

SECTION 364. AMENDATORY 21 O.S. 2021, Section 355, is
amended to read as follows:

Section 355. A. It shall be unlawful and deemed a Class D1
felony offense for any member of any board of county commissioners,
city council or other governing body of any city, board of trustees
of any town, board of directors of any township, board of education
of any city or school district, to furnish, for a consideration any
material or supplies for the use of the county, city, town,
township, or school district.

B. The provisions of this section shall not apply to those
municipal officers who are subject to Section 8-113 of Title 11 of
the Oklahoma Statutes or to a member of any board of education of a
school district in this state which does not include any part of a
municipality with a population greater than two thousand five
hundred (2,500) according to the latest Federal Decennial Census
when the board member is the only person who furnishes the material
or supplies within ten (10) miles of the corporate limits of the
municipality. However, any activities permitted by this subsection
shall not exceed Five Hundred Dollars ($500.00) for any single
activity and shall not exceed Two Thousand Five Hundred Dollars
($2,500.00) for all activities in any calendar year.

ENR. H. B. NO. 2104 Page 382
C. It shall not be unlawful for any member of any board of
county commissioners, city council or other governing body of any
city, board of trustees of any town, board of directors of any
township, or board of education of any school district to vote to
purchase materials or supplies from a business that employs a member
of the governing body or employs the spouse of a member if the
member or the spouse of a member has an interest in the business of
five percent (5%) or less.

SECTION 365. AMENDATORY 21 O.S. 2021, Section 357, is
amended to read as follows:

Section 357. Any member of any public body, such as is
specified in Section 355 of this title, who shall be a party to any
such contract or purchase therein declared unlawful, or who shall
receive any money, warrant, certificate, or other consideration
thereunder, or who shall vote for or assent to any such contract or
purchase, shall be guilty of a Class D1 felony offense punishable by
a fine of not less than Fifty Dollars ($50.00), and imprisonment in
the county jail not less than thirty (30) days, or by a fine of not
more than Five Hundred Dollars ($500.00), with imprisonment in the
State Penitentiary not exceeding five (5) years as provided for in
subsections B through F of Section 20N of this title.

SECTION 366. AMENDATORY 21 O.S. 2021, Section 358, is
amended to read as follows:

Section 358. A. It shall be unlawful and deemed a Class D1
felony offense for any person, firm, corporation, association or
agency to make, present, or cause to be presented to any employee or
officer of the State of Oklahoma, or to any department or agency
thereof, any false, fictitious or fraudulent claim for payment of
public funds upon or against the State of Oklahoma, or any
department or agency thereof, knowing such claim to be false,
fictitious or fraudulent. A violation of this subsection shall be
punished as provided in subsection A of Section 359 of this title.

B. It shall be unlawful for any person applying for employment
with the State of Oklahoma to make a materially false, fictitious or
fraudulent statement or representation on an employment application,
knowing such statement or representation to be materially false,
fictitious or fraudulent. A violation of this subsection shall be
punished as provided in subsection B of Section 359 of this title.

ENR. H. B. NO. 2104 Page 383
SECTION 367. AMENDATORY 21 O.S. 2021, Section 359, is
amended to read as follows:

Section 359. A. Any person, firm, corporation, association or
agency found guilty of violating subsection A of Section 358 of this
title shall be guilty of a Class D1 felony offense punishable by a
fine not exceeding Ten Thousand Dollars ($10,000.00), or by
imprisonment in the custody of the Department of Corrections for a
term not exceeding two (2) years as provided for in subsections B
through F of Section 20N of this title, or by both such fine and
imprisonment.

B. Any person found guilty of violating subsection B of Section
358 of this title shall be guilty of a misdemeanor punishable by a
fine not exceeding One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a term not exceeding one (1)
year, or by both such fine and imprisonment.

SECTION 368. AMENDATORY 21 O.S. 2021, Section 381, is
amended to read as follows:

Section 381. Whoever corruptly gives, offers, or promises to
any executive, legislative, county, municipal, judicial, or other
public officer, or any employee of the State of Oklahoma or any
political subdivision thereof, including peace officers and any
other law enforcement officer, or any person assuming to act as such
officer, after his election or appointment, either before or after
he has qualified or has taken his seat, any gift or gratuity
whatever, with intent to influence his act, vote, opinion, decision,
or judgment on any matter, question, cause, or proceeding which then
may be pending, or may by law come or be brought before him in his
official capacity, or as a consideration for any speech, work, or
service in connection therewith, shall be guilty of a Class D1
felony offense punishable by imprisonment in the State Penitentiary
not exceeding five (5) years as provided for in subsections B
through F of Section 20N of this title, or by a fine not exceeding
Three Thousand Dollars ($3,000.00) and imprisonment in jail not
exceeding one (1) year.

SECTION 369. AMENDATORY 21 O.S. 2021, Section 399, is
amended to read as follows:

Section 399. Whoever corruptly gives, offers or promises any
gift, gratuity or thing of value to any player, participant, coach,
referee, umpire, official or any other person having authority in
ENR. H. B. NO. 2104 Page 384
connection with the conducting of any amateur or professional
athletic contest with the intent to influence the action, conduct,
judgment, or decision of any such person in, or in connection with,
such contest, or as a consideration for such person acting, playing
or performing his functions in any such contest, in any manner
calculated to affect the result thereof, or in consideration of such
person failing to participate or engage in such contest, shall be
deemed guilty of bribery, and upon conviction shall be guilty of a
Class D1 felony offense punishable by imprisonment in the State
Penitentiary for not to exceed five (5) years; as provided for in
subsections B through F of Section 20N of this title, or by a fine
of not to exceed Three Thousand Dollars ($3,000.00) and imprisonment
in the county jail for not to exceed one (1) year.

SECTION 370. AMENDATORY 21 O.S. 2021, Section 425, is
amended to read as follows:

Section 425. A. Any person who engages in a pattern of
criminal offenses in two or more counties in this state or who
attempts or conspires with others to engage in a pattern of criminal
offenses shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment in the Department of Corrections
for a term not exceeding two (2) years, or imprisonment in the
county jail for a term not exceeding one (1) year as provided for in
subsections B through F of Section 20N of this title, or by a fine
in an amount not more than Twenty-five Thousand Dollars
($25,000.00), or by both such fine and imprisonment. Such
punishment shall be in addition to any penalty imposed for any
offense involved in the pattern of criminal offenses. Double
jeopardy shall attach upon conviction.

B. For purposes of this act, “pattern of criminal offenses”
means:

1. Two or more criminal offenses are committed that are part of
the same plan, scheme, or adventure; or

2. A sequence of two or more of the same criminal offenses are
committed and are not separated by an interval of more than thirty
(30) days between the first and second offense, the second and
third, and so on; or

3. Two or more criminal offenses are committed, each proceeding
from or having as an antecedent element a single prior incident or
pattern of fraud, robbery, burglary, theft, identity theft, receipt
ENR. H. B. NO. 2104 Page 385
of stolen property, false personation, false pretenses, obtaining
property by trick or deception, taking a credit or debit card
without consent, or the making, transferring or receiving of a false
or fraudulent identification card.

C. Jurisdiction and venue for a pattern of criminal offenses
occurring in multiple counties in this state shall be determined as
provided in Section 1 of this act.

SECTION 371. AMENDATORY 21 O.S. 2021, Section 443, is
amended to read as follows:

Section 443. A. Any person having been imprisoned in a county
or city jail awaiting charges on a felony offense or prisoner
awaiting trial or having been sentenced on a felony charge to the
custody of the Department of Corrections or any other prisoner
having been lawfully detained who escapes from a county or city
jail, either while actually confined therein, while permitted to be
at large as a trusty, or while awaiting transportation to a
Department of Corrections facility for execution of sentence, shall
be guilty of a Class D1 felony offense punishable by imprisonment of
not less than one (1) year nor more than seven (7) years as provided
for in subsections B through F of Section 20N of this title.

B. Any person who is an inmate in the custody of the Department
of Corrections who escapes from said custody, either while actually
confined in a correctional facility, while assigned to an
alternative to incarceration authorized by law, while assigned to
the Preparole Conditional Supervision Program as authorized by
Section 365 of Title 57 of the Oklahoma Statutes or while permitted
to be at large as a trusty, shall be guilty of a Class D1 felony
offense punishable by imprisonment of not less than two (2) years
nor more than seven (7) years as provided for in subsections B
through F of Section 20N of this title.

C. For the purposes of this section, an inmate assigned to an
alternative to incarceration authorized by law or to the Preparole
Conditional Supervision Program shall be considered to have escaped
if the inmate cannot be located within a twenty-four hour period or
if he or she fails to report to a correctional facility or
institution, as directed. This includes any person escaping by
absconding from an electronic monitoring device or absconding after
removing an electronic monitoring device from their body.

ENR. H. B. NO. 2104 Page 386
D. For the purposes of this section, if the individual who
escapes has felony convictions for offenses other than the offense
for which the person was serving imprisonment at the time of the
escape, those previous felony convictions may be used for
enhancement of punishment pursuant to the provisions of Section 434
of this title. The fact that any such convictions may have been
used to enhance punishment in the sentence for the offense for which
the person was imprisoned at the time of the escape shall not
prevent such convictions from being used to enhance punishment for
the escape.

E. Any juvenile or youthful offender lawfully placed in a
juvenile detention facility or secure juvenile facility, other than
a community intervention center, who escapes from the facility while
actually confined therein, who escapes while escorted by a
transportation officer, or who escapes while permitted to be on an
authorized pass or work program outside the facility shall be guilty
of a Class D1 felony offense punishable by imprisonment for not less
than one (1) year nor more than three (3) years as provided for in
subsections B through F of Section 20N of this title. For purposes
of this subsection:

1. A juvenile or youthful offender permitted to be on an
authorized pass or work program shall be considered to have escaped
if the juvenile or youthful offender cannot be located within a
twenty-four-hour period or if the juvenile or youthful offender
fails to report to the facility at the specified time, and shall
include any juvenile or youthful offender escaping by absconding
from an electronic monitoring device or absconding after removing an
electronic monitoring device from the body of the juvenile or
youthful offender; and

2. “Escape” means a juvenile or youthful offender in lawful
custody who has absented himself or herself without official
permission from a facility or secure placement, during transport to
or from such facility, or failure to return from a pass issued by a
facility.

SECTION 372. AMENDATORY 21 O.S. 2021, Section 445, is
amended to read as follows:

Section 445. Any person who willfully gains unauthorized entry
into any state penal institution, jail, any place where prisoners
are located, or the penal institution grounds, upon conviction,
shall be guilty of a Class D1 felony offense punishable by
ENR. H. B. NO. 2104 Page 387
imprisonment in the State Penitentiary for not less than one (1)
year nor more than five (5) years as provided for in subsections B
through F of Section 20N of this title, or by the imposition of a
fine of not less than Five Hundred Dollars ($500.00) or more than
One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.

SECTION 373. AMENDATORY 21 O.S. 2021, Section 453, is
amended to read as follows:

Section 453. Any person guilty of falsely preparing any book,
paper, record, instrument in writing, or other matter or thing, with
intent to produce it, or allow it to be produced as genuine upon any
trial, proceeding or inquiry whatever, authorized by law, shall be
guilty of a Class D1 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20N of this title.

SECTION 374. AMENDATORY 21 O.S. 2021, Section 456, is
amended to read as follows:

Section 456. Any person who gives or offers or promises to give
to any witness or person about to be called as a witness in any
matter whatever, including contests before United States land
officers or townsite commissioners, any bribe upon any understanding
or agreement that the testimony of such witness shall be influenced,
or who attempts by any other means fraudulently to induce any
witness to give false testimony shall be guilty of a Class D1 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20N of this title, but if the
offer, promise, or bribe is in any way to induce the witness to
swear falsely, then it shall be held to be subornation of perjury.

SECTION 375. AMENDATORY 21 O.S. 2021, Section 461, is
amended to read as follows:

Section 461. Any clerk, register or other officer having the
custody of any record, maps or book, or of any paper or proceeding
of any court of justice, filed or deposited in any public office,
who is guilty of stealing, willfully destroying, mutilating,
defacing, altering or falsifying or unlawfully removing or secreting
such record, map, book, paper or proceeding, or who permits any
other person so to do, shall be guilty of a Class D1 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
five (5) years as provided for in subsections B through F of Section
ENR. H. B. NO. 2104 Page 388
20N of this title, and in addition thereto, such person shall
forfeit office.

SECTION 376. AMENDATORY 21 O.S. 2021, Section 462, is
amended to read as follows:

Section 462. Any person not an officer such as is mentioned in
Section 461 of this title, who is guilty of any of the acts
specified in that section shall be guilty of a Class D1 felony
offense, punishable by imprisonment in the State Penitentiary not
exceeding five (5) years, or in a county jail not exceeding one (1)
year as provided for in subsections B through F of Section 20N of
this title, or by a fine not exceeding Five Hundred Dollars
($500.00), or by both such fine and imprisonment.

SECTION 377. AMENDATORY 21 O.S. 2021, Section 463, is
amended to read as follows:

Section 463. Any person who knowingly procures or offers any
false or forged instrument to be filed, registered, or recorded in
any public office within this state, which instrument, if genuine,
might be filed or registered or recorded under any law of this state
or of the United States, shall be guilty of a Class D1 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20N of this title.

SECTION 378. AMENDATORY 21 O.S. 2021, Section 491, is
amended to read as follows:

Section 491. Whoever, in a trial, hearing, investigation,
deposition, certification or declaration, in which the making or
subscribing of a statement is required or authorized by law, makes
or subscribes a statement under oath, affirmation or other legally
binding assertion that the statement is true, when in fact the
witness or declarant does not believe that the statement is true or
knows that it is not true or intends thereby to avoid or obstruct
the ascertainment of the truth, is guilty of perjury, a Class D1
felony offense. It shall be a defense to the charge of perjury as
defined in this section that the statement is true.

SECTION 379. AMENDATORY 21 O.S. 2021, Section 496, is
amended to read as follows:

Section 496. Whoever, in one or more trials, hearings,
investigations, depositions, certifications or declarations, in
ENR. H. B. NO. 2104 Page 389
which the making or subscribing of statements is required or
authorized by law, makes or subscribes two or more statements under
oath, affirmation or other legally binding assertion that the
statements are true, when in fact two or more of the statements
contradict each other, is guilty of perjury, a Class D1 felony
offense.

SECTION 380. AMENDATORY 21 O.S. 2021, Section 500, is
amended to read as follows:

Section 500. Perjury is a Class D1 felony offense punishable by
imprisonment in the State Penitentiary as follows:

1. When committed on the trial of an indictment for felony, by
imprisonment not less than two (2) years nor more than twenty (20)
years;

2. When committed on any other trial proceeding in a court of
justice, by imprisonment for not less than one (1) year nor more
than ten (10) years; and

3. In all other cases by imprisonment not more than five (5)
years as provided for in subsections B through F of Section 20N of
this title.

SECTION 381. AMENDATORY 21 O.S. 2021, Section 504, is
amended to read as follows:

Section 504. Whoever procures another to commit perjury is
guilty of perjury by subornation. Perjury by subornation is a Class
D1 felony offense, punishable as provided in Section 505 of this
title. Whoever does any act with the specific intent to commit
perjury by subornation but fails to complete that offense is guilty
of attempted perjury by subornation.

SECTION 382. AMENDATORY 21 O.S. 2021, Section 505, is
amended to read as follows:

Section 505. Any person guilty of subornation of perjury is
punishable in the same manner as he would be if personally, upon
conviction, guilty of the perjury so procured a Class D1 felony
offense punishable by imprisonment as provided for in subsections B
through F of Section 20N of this title.

ENR. H. B. NO. 2104 Page 390
SECTION 383. AMENDATORY 21 O.S. 2021, Section 531, is
amended to read as follows:

Section 531. Any sheriff, coroner, clerk of a court, constable
or other ministerial officer, and every deputy or subordinate of any
ministerial officer, who mutilates, destroys, conceals, erases,
obliterates or falsifies any record or paper appertaining to his
office shall be guilty of a Class D1 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20N of this title.

SECTION 384. AMENDATORY 21 O.S. 2021, Section 540C, is
amended to read as follows:

Section 540C. A. It shall be unlawful for any person to
willfully fortify an access point into any dwelling, structure,
building or other place where a felony offense prohibited by the
Uniform Controlled Dangerous Substances Act is being committed, or
attempted, and the fortification is for the purpose of preventing or
delaying entry or access by a law enforcement officer, or to harm or
injure a law enforcement officer in the performance of official
duties.

B. For purposes of this section, “fortify an access point”
means to willfully construct, install, position, use or hold any
material or device designed to injure a person upon entry or to
strengthen, defend, restrict or obstruct any door, window or other
opening into a dwelling, structure, building or other place to any
extent beyond the security provided by a commercial alarm system,
lock or deadbolt, or a combination of alarm, lock or deadbolt.

C. Any person violating the provisions of this section shall,
upon conviction, be guilty of a Class D1 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term of not more than five (5) years as provided for in
subsections B through F of Section 20N of this title, or by a fine
in an amount not exceeding Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment.

SECTION 385. AMENDATORY 21 O.S. 2021, Section 543, is
amended to read as follows:

Section 543. Any person who, having knowledge of the actual
commission of a crime or violation of statute, takes any money or
property of another, or any gratuity or reward, or any engagement or
ENR. H. B. NO. 2104 Page 391
promise therefor, upon any agreement or understanding, express or
implied, to compound or conceal such crime, or violation of statute,
or to abstain from any prosecution therefor, or to withhold any
evidence thereof, is punishable as follows:

1. By imprisonment for a Class D1 felony in the State
Penitentiary not exceeding five (5) years, or in a county jail not
exceeding one (1) year offense as provided for in subsections B
through F of Section 20N of this title, if the crime compounded is
one punishable either by death or by imprisonment in the State
Penitentiary for life;

2. By imprisonment for a Class D1 felony in the State
Penitentiary not exceeding three (3) years, or in a county jail not
exceeding six (6) months offense as provided for in subsections B
through F of Section 20N of this title, if the crime compounded was
punishable by imprisonment in the State Penitentiary for any other
term than for life; or

3. By imprisonment in a county jail not exceeding one (1) year,
or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or
by both such fine and imprisonment, if the crime or violation of
statute compounded is a crime punishable by imprisonment in a county
jail, or by fine, or is a misdemeanor, or violation of statute for
which a pecuniary or other penalty or forfeiture is prescribed.

SECTION 386. AMENDATORY 21 O.S. 2021, Section 579, is
amended to read as follows:

Section 579. Any person to whom an infant has been confided for
nursing, education, or any other person, who, with intent to deceive
any parent or guardian of such child, substitutes or produces to
such parent or guardian another child in the place of the one so
confided shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary not exceeding seven (7) years
as provided for in subsections B through F of Section 20N of this
title.

SECTION 387. AMENDATORY 21 O.S. 2021, Section 588, is
amended to read as follows:

Section 588. If any person, firm or corporation shall knowingly
and willfully, by means of any device whatsoever, records or
attempts to record the proceedings of any grand or petit jury in any
court of the State of Oklahoma while such jury is deliberating or
ENR. H. B. NO. 2104 Page 392
voting or listens to or observes, or attempts to listen to or
observe, the proceedings of any grand or petit jury of which he is
not a member in any court of the State of Oklahoma while such jury
is deliberating or voting shall be guilty of a Class D1 felony
offense and shall be fined not more than One Thousand Dollars
($1,000.00), or imprisoned not more than two (2) years as provided
for in subsections B through F of Section 20N of this title, or
both. Provided, however, that nothing in this section shall be
construed to prohibit the taking of notes by a grand juror in any
court of the State of Oklahoma in connection with and solely for the
purpose of assisting him in the performance of his duties as such
juror.

SECTION 388. AMENDATORY 21 O.S. 2021, Section 861, is
amended to read as follows:

Section 861. Every person who administers to any woman, or who
prescribes for any woman, or advises or procures any woman to take
any medicine, drug or substance, or uses or employs any instrument,
or other means whatever, with intent thereby to procure the
miscarriage of such woman, unless the same is necessary to preserve
her life, shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary for not less than two (2)
years nor more than five (5) years as provided for in subsections B
through F of Section 20N of this title.

SECTION 389. AMENDATORY 21 O.S. 2021, Section 872, is
amended to read as follows:

Section 872. Any person guilty of the crime of adultery shall
be guilty of a Class D1 felony offense and punished by imprisonment
in the State Penitentiary not exceeding five (5) years or by a fine
not exceeding Five Hundred Dollars ($500.00), or by both such fine
and imprisonment.

SECTION 390. AMENDATORY 21 O.S. 2021, Section 883, is
amended to read as follows:

Section 883. Any person guilty of bigamy shall be guilty of a
Class D1 felony offense punishable by imprisonment in the State
Penitentiary not exceeding five (5) years as provided for in
subsections B through F of Section 20N of this title.

SECTION 391. AMENDATORY 21 O.S. 2021, Section 884, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 393

Section 884. Any person who knowingly marries the husband or
wife of another, in any case in which such husband or wife would be
punishable according to the foregoing provisions, shall be guilty of
a Class D1 felony offense punishable by imprisonment in the State
Penitentiary not exceeding five (5) years, or in a county jail not
exceeding one (1) year as provided for in subsections B through F of
Section 20N of this title, or by a fine not exceeding Five Hundred
Dollars ($500.00), or by both such fine and imprisonment.

SECTION 392. AMENDATORY 21 O.S. 2021, Section 954, is
amended to read as follows:

Section 954. Any person who deals, plays or practices in the
State of Oklahoma, or who is in any manner accessory to the dealing,
playing or practicing of a swindle known as three-card monte, or any
other swindle or confidence game, play or practice, shall be deemed
guilty of a Class D1 felony offense and, upon conviction thereof,
shall be punished by a fine of not less than One Thousand Dollars
($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by
confinement in the State Penitentiary for a term of not less than
one (1) year nor more than five (5) years as provided for in
subsections B through F of Section 20N of this title.

SECTION 393. AMENDATORY 21 O.S. 2021, Section 984, is
amended to read as follows:

Section 984. A. Dealing in gambling devices is manufacturing,
transferring or possessing with intent to transfer any gambling
device or subassembly or essential part thereof.

B. Any person dealing in gambling devices shall be guilty of a
Class D1 felony offense punishable by imprisonment for not more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or a fine of not more than Twenty-five Thousand
Dollars ($25,000.00), or by both such fine and imprisonment.

SECTION 394. AMENDATORY 21 O.S. 2021, Section 986, is
amended to read as follows:

Section 986. A. Installing communication facilities for
gamblers is:

1. Installing communications facilities in a place which the
person who installs the facilities knows is a gambling place;
ENR. H. B. NO. 2104 Page 394

2. Installing communications facilities knowing that they will
be used principally for the purpose of transmitting information to
be used in making or settling bets; or

3. Knowing that communications facilities are being used
principally for the purpose of transmitting information to be used
in making or settling bets, allowing their continued use.

B. Any person not an employee of a communications public
utility authorized to transact business in this state by the
Oklahoma Corporation Commission acting within the scope of his
employment, violating subsection A above, who knows or has reason to
know said communications facilities will be used in making or
settling commercial gambling transactions and installs said
facilities with the intent to facilitate said commercial gambling
transactions and is found guilty thereof shall be guilty of a Class
D1 felony offense and shall be punished by imprisonment for not more
than five (5) years as provided for in subsections B through F of
Section 20N of this title, or a fine of not more than Twenty-five
Thousand Dollars ($25,000.00), or by both such fine and
imprisonment.

C. When any communications public utility providing telephone
communications service is notified in writing by an order of a court
of competent jurisdiction, acting within its jurisdiction, that any
facility furnished by it is being used principally for the purpose
of transmitting or receiving gambling information, it shall
discontinue or refuse the leasing, furnishing or maintaining of such
facility, after reasonable notice to the subscriber, but no damages,
penalty or forfeiture, civil or criminal, shall be found against any
such public utility for any act done in compliance with any such
court order. Nothing in this section shall be deemed to prejudice
the right of any person affected thereby to secure an appropriate
determination, as otherwise provided by law, in a court of competent
jurisdiction, that such facility should not be discontinued or
removed, or should be restored.

SECTION 395. AMENDATORY 21 O.S. 2021, Section 987, is
amended to read as follows:

Section 987. A. Dissemination of gambling information is the
transmitting or receiving, by means of any communications
facilities, information to be used in making or settling bets.
Provided that nothing herein shall prohibit a licensed radio or
ENR. H. B. NO. 2104 Page 395
television station or newspaper of general circulation from
broadcasting or disseminating to the public reports of odds or
results of legally staged sporting events.

B. Any person found guilty of disseminating gambling
information shall be guilty of a Class D1 felony offense and shall
be punished by imprisonment for not more than five (5) years as
provided for in subsections B through F of Section 20N of this
title, or a fine of not more than Twenty-five Thousand Dollars
($25,000.00), or by both such fine and imprisonment.

SECTION 396. AMENDATORY 21 O.S. 2021, Section 988, is
amended to read as follows:

Section 988. A. A conspiracy is any agreement, combination or
common plan or scheme by two or more persons, coupled with an overt
act in furtherance of such agreement, combination or common plan or
scheme, to violate any section of this act.

B. Any person found guilty of conspiracy shall be guilty of a
Class D1 felony offense and shall be punished to the same extent as
provided for in the section of this act which such person conspired
to violate by imprisonment as provided for in subsections B through
F of Section 20N of this title.

SECTION 397. AMENDATORY 21 O.S. 2021, Section 1031, as
last amended by Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1031), is amended to read as follows:

Section 1031. A. Except as provided in subsection B, C, D, or
E of this section, any person violating any of the provisions of
paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or Section
1030 of this title shall, upon conviction, be guilty of a
misdemeanor and shall be punished by imprisonment in the county jail
for not less than thirty (30) days nor more than one (1) year or by
fines as follows: a fine not more than Two Thousand Five Hundred
Dollars ($2,500.00) upon the first conviction for violation of any
of such provisions, a fine not more than Five Thousand Dollars
($5,000.00) upon the second conviction for violation of any of such
provisions, and a fine not more than Seven Thousand Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such provisions, or by both such imprisonment
and fine. In addition, the court may require a term of community
service not less than forty (40) nor more than eighty (80) hours.
ENR. H. B. NO. 2104 Page 396
The court in which any such conviction is had shall notify the
county superintendent of public health of such conviction.

B. Any person who engages in an act of prostitution with
knowledge that he or she is infected with the human immunodeficiency
virus shall, upon conviction, be guilty of a Class D1 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for not more than five (5) years as provided for in
subsections B through F of Section 20N of this title.

C. Any person who engages in an act of child prostitution as
defined in Section 1030 of this title shall, upon conviction, be
guilty of a Class B1 felony offense punishable by imprisonment in
the custody of the Department of Corrections for not more than ten
(10) years and by fines as follows: a fine not more than Five
Thousand Dollars ($5,000.00) upon the first conviction, a fine not
more than Ten Thousand Dollars ($10,000.00) upon the second
conviction, and a fine not more than Fifteen Thousand Dollars
($15,000.00) upon the third or subsequent convictions.

D. Any person violating any of the provisions of Section 1029
or 1030 of this title within one thousand (1,000) feet of a school
or church shall, upon conviction, be guilty of a Class D1 felony
offense and shall be punished by imprisonment in the custody of the
Department of Corrections for not more than five (5) years as
provided for in subsections B through F of Section 20N of this
title, or by fines as follows: a fine not more than Two Thousand
Five Hundred Dollars ($2,500.00) upon the first conviction for
violation of any of such provisions, a fine not more than Five
Thousand Dollars ($5,000.00) upon the second conviction for
violation of any of such provisions, and a fine not more than Seven
Thousand Five Hundred Dollars ($7,500.00) upon the third or
subsequent convictions for violation of any of such provisions, or
by both such imprisonment and fine. In addition, the court may
require a term of community service not less than forty (40) nor
more than eighty (80) hours. The court in which any such conviction
is had shall notify the county superintendent of public health of
such conviction.

E. Any person violating paragraph 4 of subsection A of Section
1029 of this title shall, upon conviction, be guilty of a Class B4
felony offense and shall be punished in accordance with the
provisions of subsection B of Section 1040.57 of this title.

ENR. H. B. NO. 2104 Page 397
SECTION 398. AMENDATORY 21 O.S. 2021, Section 1040.80,
as amended by Section 32, Chapter 59, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.80), is amended to read as follows:

Section 1040.80. A. As used in this section, the term:

1. "Interactive computer service provider" means any provider
to the public of computer access via the Internet to a computer
server or similar device used for the storage of graphic, video or
images;

2. "Internet" means the international computer network of both
federal and nonfederal interoperable packet-switched data networks;

3. "Controlled or owned by" with respect to a server or other
storage device means a server or other such device that is entirely
owned by the interactive computer service provider or is subject to
exclusive management by the interactive computer service provider by
agreement or otherwise; and

4. "Child sexual abuse material" means explicit child sexual
abuse material as defined in Section 1024.1 of this title.

B. The Attorney General or a law enforcement officer who
receives information that an item of alleged child sexual abuse
material resides on a server or other storage device controlled or
owned by an interactive computer service provider shall:

1. Contact the interactive computer service provider that
controls or owns the server or other storage device where the item
of alleged child sexual abuse material is located;

2. Inform the interactive computer service provider of the
provisions of this section; and

3. Request that the interactive computer service provider
voluntarily comply with this section and remove the item of alleged
child sexual abuse material from its server or other storage device
expeditiously.

C. 1. If an interactive computer service does not voluntarily
remove the item of alleged child sexual abuse material in a timely
manner, the Attorney General or law enforcement officer shall apply
for a court order of authorization to remove the item of alleged
child sexual abuse material under this section. The obligation to
ENR. H. B. NO. 2104 Page 398
remove the item of alleged child sexual abuse material shall not
apply to the transmitting or routing of, or the intermediate,
temporary storage or caching of an image, information or data that
is otherwise subject to this section.

2. The application for a court order shall include:

a. the authority of the applicant to make such an
application,

b. the identity and qualifications of the investigative
or law enforcement officer or agency that, in the
official scope of that officer's duties or agency's
authority, discovered the images, information, or
data,

c. a particular statement of the facts relied upon by the
applicant, including:

(1) the identity of the interactive computer service,

(2) identification of the item of alleged child
sexual abuse material discovered on the server or
other storage device controlled or owned by an
interactive computer service provider,

(3) the particular images, information, or data to be
removed or to which access is to be disabled
identified by uniform resource locator (URL) or
Internet protocol (IP) address, a statement
certifying that such content resides on a server
or storage device controlled or owned by such
interactive computer service provider, and

(4) the steps taken to obtain voluntary compliance by
such interactive computer service provider with
the requirements of this act prior to filing the
application,

d. such additional testimony and documentary evidence in
support of the application as the judge may require,
and

ENR. H. B. NO. 2104 Page 399
e. a showing that there is probable cause to believe that
the child sexual abuse material items constitutes a
violation of this section.

D. The Attorney General shall notify the interactive computer
service provider which is identified in the court's order in
accordance with the provisions of this section. The Attorney
General shall notify an interactive computer service provider upon
the issuance of an order authorizing the removal of the items of
alleged child sexual abuse material.

1. The notice by the Attorney General shall include:

a. a copy of the application made pursuant to subsection
C of this section,

b. a copy of the court order issued pursuant to
subsection K of this section,

c. notification that the interactive computer service
shall remove the item of alleged child sexual abuse
material contained in the order which resides on a
server or other storage device controlled or owned by
such interactive service provider and which are
accessible to persons located within this state
expeditiously after receipt of the notification,

d. notification of the criminal penalties for failure to
remove the item of child sexual abuse material,

e. notification of the right to appeal the court's order,
and

f. contact information for the Attorney General's Office.

2. An interactive computer service may designate an agent
within the state to receive notification pursuant to this section.

E. The interactive computer service provider has the right to
request a hearing before the court imposes any penalty under this
section.

F. Nothing in this section may be construed as imposing a duty
on an interactive computer service provider to actively monitor its
ENR. H. B. NO. 2104 Page 400
service or affirmatively seek evidence of illegal activity on its
service.

G. Notwithstanding any other provision of law to the contrary,
any interactive computer service provider that intentionally
violates subsection L of this section commits:

1. A misdemeanor for a first offense punishable by a fine of
One Thousand Dollars ($1,000.00);

2. A misdemeanor of a high and aggravated nature for a second
offense punishable by a fine of Five Thousand Dollars ($5,000.00);
and

3. A Class D1 felony offense for a third or subsequent offense
punishable by a fine of Thirty Thousand Dollars ($30,000.00) and
imprisonment for a maximum of five (5) years.

H. The Attorney General shall have concurrent prosecutorial
jurisdiction with a district attorney for violation of this section.

I. The removal of the alleged item of child sexual abuse
material which resides on a server or other storage device, shall
not, to the extent possible, interfere with any request of a law
enforcement agency to preserve records or other evidence, which may
be kept by the interactive computer service provider in the normal
course of business.

J. Upon consideration of an application for authorization to
remove the item of alleged child sexual abuse material that resides
on a server or other storage device controlled or owned by an
interactive computer service provider as set forth in subsection C
of this section, the judge may enter an ex parte order, as requested
or as modified, authorizing the removal of the item of alleged child
sexual abuse material, if the court determines on the basis of the
facts submitted by the applicant that there is or was probable cause
for belief that:

1. The item of alleged child sexual abuse material constitutes
evidence of an act in violation of this section;

2. The investigative or law enforcement officer or agency acted
within the official scope of that officer's duties or agency's
authority, in discovering the images, information, or data and has
ENR. H. B. NO. 2104 Page 401
complied with the requirements of subsection I and subsection K of
this section;

3. An item of alleged child sexual abuse material resides on
the server or other storage device controlled or owned by the
interactive computer service provider and is accessible to persons
located in the state; and

4. In the case of an application, other than a renewal or
extension, for an order removing the item of alleged child sexual
abuse material which was the subject of a previous order authorizing
the removal or disabling of access, the application is based upon
new evidence or information different from and in addition to the
evidence or information offered to support the prior order.

K. Each order authorizing the removal or disabling of access to
an alleged item of child sexual abuse material shall contain:

1. The name of the judge authorized to issue the order;

2. A particular description of the images, information, or data
to be removed or access to such disabled, identified by a URL or IP
address, and a statement of the particular violation of the section
to which the images, information, or data relate;

3. The identity of the investigative or law enforcement officer
or agency who discovered the images, information, or data and the
identity of whoever authorized the application; and

4. Such additional information or instruction as the court
deems necessary to execute the order.

L. The court shall review the application and testimony, if
offered, and, upon a finding of probable cause, issue an order that:

1. An item of child sexual abuse material resides on a server
or other storage device controlled by the interactive computer
service provider and is accessible to persons located in the state;

2. The interactive computer service provider shall remove the
item residing on a server or other storage device controlled or
owned by the interactive computer service provider expeditiously
after receiving the order, if practical;

ENR. H. B. NO. 2104 Page 402
3. The order shall specify that removal of any item covered by
the order shall be accomplished in a fashion that prevents or
minimizes the removal of, or restriction of access to, images,
information, or data that are not subject to the order;

4. Failure of the interactive computer service provider to
comply with the court's order is a violation of this section;

5. The removal of the item on the server or other storage
device controlled or owned by the interactive computer service
provider may not unreasonably interfere with a request by a law
enforcement agency to preserve records for a reasonable period and
in accordance with law; and

6. Provides the interactive computer service provider notice
and opportunity for a hearing before the court imposes any penalty
under this subsection.

M. An interactive computer service provider who is served with
a court order under subsection L of this section shall remove the
item of child sexual abuse material that is the subject of the order
expeditiously after receiving the court order, if practicable.

N. 1. An interactive service provider may petition the court
for relief for cause from an order issued under subsection L of this
section.

2. The petition may be based on considerations of:

a. the cost or technical feasibility of compliance with
the order, or

b. the inability of the interactive computer service
provider to comply with the order without also
removing data, images or information that are not
subject to this section.

SECTION 399. AMENDATORY 21 O.S. 2021, Section 1040.13b,
as amended by Section 1, Chapter 214, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1040.13b), is amended to read as follows:

Section 1040.13b. A. As used in this section:

ENR. H. B. NO. 2104 Page 403
1. "Image" includes a photograph, film, videotape, digital
recording or other depiction or portrayal of an object, including a
human body;

2. "Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area or female
adult nipple; and

3. "Sexual act" means sexual intercourse including genital,
anal or oral sex.

B. A person commits nonconsensual dissemination of private
sexual images when he or she:

1. Intentionally disseminates an image of another person who is
engaged in a sexual act or whose intimate parts are exposed, in
whole or in part;

2. Obtains the image under circumstances in which a reasonable
person would know or understand that the image was to remain
private; and

3. Disseminates the image without the effective consent of the
depicted person.

C. The provisions of this section shall not apply to the
intentional dissemination of an image of another identifiable person
who is engaged in a sexual act or whose intimate parts are exposed
when:

1. The dissemination is made for the purpose of a criminal
investigation that is otherwise lawful;

2. The dissemination is for the purpose of, or in connection
with, the reporting of unlawful conduct;

3. The images involve voluntary exposure in public or
commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose
liability upon the following entities solely as a result of content
or information provided by another person:

ENR. H. B. NO. 2104 Page 404
1. An interactive computer service, as defined in 47 U.S.C.,
Section 230(f)(2);

2. A wireless service provider, as defined in Section 332(d) of
the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,
Federal Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993, Pub. L. No. 103-66; or

3. A telecommunications network or broadband provider.

E. A person convicted under this section is subject to the
forfeiture provisions in Section 1040.54 of this title.

F. Any person who violates the provisions of subsection B of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than one
(1) year or by a fine of not more than One Thousand Dollars
($1,000.00), or both such fine and imprisonment.

G. Any person who violates or attempts to violate the
provisions of subsection B of this section and who gains or attempts
to gain any property or who gains or attempts to gain anything of
value as a result of the nonconsensual dissemination or threatened
dissemination of private sexual images shall, upon conviction, be
guilty of a Class D1 felony offense punishable by imprisonment in
the custody of the Department of Corrections for not more than five
(5) years as provided for in subsections B through F of Section 20N
of this title. A second or subsequent violation of this subsection
shall be a Class D1 felony offense punishable by imprisonment in the
custody of the Department of Corrections for not more than ten (10)
years as provided for in subsections B through F of Section 20N of
this title and the offender shall be required to register as a sex
offender under the Sex Offenders Registration Act.

H. The state shall not have the discretion to file a
misdemeanor charge, pursuant to Section 234 of Title 22 of the
Oklahoma Statutes, for a violation pursuant to subsection G of this
section.

I. The court shall have the authority to order the defendant to
remove the disseminated image should the court find it is in the
power of the defendant to do so.

ENR. H. B. NO. 2104 Page 405
J. Nothing in this section shall prohibit the prosecution of a
person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,
1024.2, or 1040.12a of this title or any other applicable statute.

K. Any person who violates the provisions of subsection B of
this section by disseminating three or more images within a six-
month period shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for not more than ten (10) years as provided for in
subsections B through F of Section 20N of this title.

SECTION 400. AMENDATORY 21 O.S. 2021, Section 1125, is
amended to read as follows:

Section 1125. A. A zone of safety is hereby created around
elementary, junior high and high schools, permitted or licensed
child care centers as defined by the Department of Human Services,
playgrounds, parks or the residence of a victim of a sex crime.

1. A person is prohibited from loitering within five hundred
(500) feet of any elementary, junior high or high school, permitted
or licensed child care center, playground, or park if the person has
been convicted of a crime that requires the person to register
pursuant to the Sex Offenders Registration Act or the person has
been convicted of an offense in another jurisdiction, which offense
if committed or attempted in this state, would have been punishable
as one or more of the offenses listed in Section 582 of Title 57 of
the Oklahoma Statutes and the victim was a child under the age of
sixteen (16) years.

2. A person is prohibited from entering any park if:

a. the person has been designated as a habitual or
aggravated sex offender as provided in Section 584 of
Title 57 of the Oklahoma Statutes, or

b. the person has been convicted of an offense in another
jurisdiction, which offense, if committed or attempted
in this state, would designate the person as a
habitual or aggravated sex offender as provided in
Section 584 of Title 57 of the Oklahoma Statutes.

3. A person is prohibited from loitering within one thousand
(1,000) feet of the residence of his or her victim if:

ENR. H. B. NO. 2104 Page 406
a. the person who committed a sex crime against the
victim has been convicted of said crime, and

b. the person is required to register pursuant to the Sex
Offenders Registration Act.

B. A person convicted of a violation of subsection A of this
section shall be guilty of a Class D1 felony offense punishable by a
fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or
by imprisonment in the county jail for a term of not more than one
(1) year as provided for in subsections B through F of Section 20N
of this title, or by both such fine and imprisonment. Any person
convicted of a second or subsequent violation of subsection A of
this section shall be guilty of a Class D1 felony offense and shall
be punished by a fine not exceeding Two Thousand Five Hundred
Dollars ($2,500.00), or by imprisonment in the custody of the
Department of Corrections for a term of not less than three (3)
years as provided for in subsections B through F of Section 20N of
this title, or by both such fine and imprisonment. This
proscription of conduct shall not modify or remove any restrictions
currently applicable to the person by court order, conditions of
probation or as provided by other provision of law.

C. 1. A person shall be exempt from the prohibition of this
section regarding a school or a licensed or permitted child care
facility only under the following circumstances and limited to a
reasonable amount of time to complete such tasks:

a. the person is the custodial parent or legal guardian
of a child who is an enrolled student at the school or
child care facility, and

b. the person is enrolling, delivering or retrieving such
child at the school or licensed or permitted child
care center during regular school or facility hours or
for school-sanctioned or licensed-or-permitted-child-
care-center-sanctioned extracurricular activities.

Prior to entering the zone of safety for the purposes listed in
this paragraph, the person shall inform school or child care center
administrators of his or her status as a registered sex offender.
The person shall update monthly, or as often as required by the
school or center, information about the specific times the person
will be within the zone of safety as established by this section.

ENR. H. B. NO. 2104 Page 407
2. This exception shall not be construed to modify or remove
any restrictions applicable to the person by court order, conditions
of probation, or as provided by other provision of law.

D. The provisions of subsection A of this section shall not
apply to any person receiving medical treatment at a hospital or
other facility certified or licensed by the State of Oklahoma to
provide medical services. As used in this subsection, "medical
treatment" shall not include any form of psychological, social or
rehabilitative counseling services or treatment programs for sex
offenders.

E. Nothing in this section shall prohibit a person, who is
registered as a sex offender pursuant to the Sex Offenders
Registration Act, from attending a recognized church or religious
denomination for worship; provided, the person has notified the
religious leader of his or her status as a registered sex offender
and the person has been granted written permission by the religious
leader.

F. For purpose of prosecution of any violation of this section,
the provisions of Section 51.1 of this title shall not apply.

G. As used in this section, "park" means any outdoor public
area specifically designated as being used for recreational purposes
that is operated or supported in whole or in part by a homeowners'
association or a city, town, county, state, federal or tribal
governmental authority.

SECTION 401. AMENDATORY 21 O.S. 2021, Section 1161, is
amended to read as follows:

Section 1161. A. No person shall intentionally remove the dead
body of a human being or any part thereof from the initial site
where such dead body is located for any purpose, unless such removal
is authorized by a district attorney or his authorized
representative or medical examiner or his authorized representative,
or is not required to be investigated pursuant to the provisions of
Section 938 of Title 63 of the Oklahoma Statutes, said authorization
by the district attorney or medical examiner shall not be required
prior to the removal of said body. A district attorney having
jurisdiction may refuse to prosecute a violation of this subsection
if the district attorney determines that circumstances existed which
would justify such removal or that such removal was not an act of
malice or wantonness.
ENR. H. B. NO. 2104 Page 408

B. No person shall remove any part of the dead body of a human
being from any grave or other place where the same has been buried,
or from any place where the same is deposited while awaiting burial,
with intent to sell the same, or to dissect it without authority of
law, or from malice or wantonness.

C. No person shall willfully or with malicious intent violate
or cause damage to the casket or burial vault holding the deceased
human remains.

D. Any person convicted of violating any of the provisions of
this section shall be guilty of a Class D1 felony offense and shall
be punished by imprisonment in the State Penitentiary not exceeding
five (5) years, or in the county jail not exceeding one (1) year as
provided for in subsections B through F of Section 20N of this
title, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or by both such fine and imprisonment.

SECTION 402. AMENDATORY 21 O.S. 2021, Section 1162, is
amended to read as follows:

Section 1162. Whoever purchases, or who receives, except for
the purpose of burial, any dead body of a human being, knowing the
same has been removed contrary to Section 1161 of this title shall
be guilty of a Class D1 felony offense punishable by imprisonment in
the State Penitentiary not exceeding five (5) years, or in a county
jail not exceeding one (1) year as provided for in subsections B
through F of Section 20N of this title, or by a fine not exceeding
Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.

SECTION 403. AMENDATORY 21 O.S. 2021, Section 1171, is
amended to read as follows:

Section 1171. A. Every person who hides, waits or otherwise
loiters in the vicinity of any private dwelling house, apartment
building, any other place of residence, or in the vicinity of any
locker room, dressing room, restroom or any other place where a
person has a right to a reasonable expectation of privacy, with the
unlawful and willful intent to watch, gaze, or look upon any person
in a clandestine manner, shall, upon conviction, be guilty of a
misdemeanor. The violator shall be punished by imprisonment in the
county jail for a term of not more than one (1) year, or by a fine
ENR. H. B. NO. 2104 Page 409
not to exceed Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment.

B. Every person who uses photographic, electronic or video
equipment in a clandestine manner for any illegal, illegitimate,
prurient, lewd or lascivious purpose with the unlawful and willful
intent to view, watch, gaze or look upon any person without the
knowledge and consent of such person when the person viewed is in a
place where there is a right to a reasonable expectation of privacy,
or who publishes or distributes any image obtained from such act,
shall, upon conviction, be guilty of a Class D1 felony offense. The
violator shall be punished by imprisonment in the custody of the
Department of Corrections for a term of not more than five (5) years
as provided for in subsections B through F of Section 20N of this
title, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or by both such fine and imprisonment.

C. Every person who uses photographic, electronic or video
equipment in a clandestine manner for any illegal, illegitimate,
prurient, lewd or lascivious purpose with the unlawful and willful
intent to view, watch, gaze or look upon any person and capture an
image of a private area of a person without the knowledge and
consent of such person and knowingly does so under circumstances in
which a reasonable person would believe that the private area of the
person would not be visible to the public, regardless of whether the
person is in a public or private place shall, upon conviction, be
guilty of a misdemeanor. The violator shall be punished by
imprisonment in the county jail for a term of not more than one (1)
year, or by a fine not exceeding Five Thousand Dollars ($5,000.00),
or by both such fine and imprisonment.

D. As used in this section, the phrase “private area of the
person” means the naked or undergarment-clad genitals, pubic area,
buttocks, or any portion of the areola of the female breast of that
individual.

SECTION 404. AMENDATORY 21 O.S. 2021, Section 1172, is
amended to read as follows:

Section 1172. A. It shall be unlawful for a person who, by
means of a telecommunication or other electronic communication
device, willfully either:

1. Makes any comment, request, suggestion, or proposal which is
obscene, lewd, lascivious, filthy, or indecent;
ENR. H. B. NO. 2104 Page 410

2. Makes a telecommunication or other electronic communication
including text, sound or images with intent to terrify, intimidate
or harass, or threaten to inflict injury or physical harm to any
person or property of that person;

3. Makes a telecommunication or other electronic communication,
whether or not conversation ensues, with intent to put the party
called in fear of physical harm or death;

4. Makes a telecommunication or other electronic communication,
including text, sound or images whether or not conversation ensues,
without disclosing the identity of the person making the call or
communication and with intent to annoy, abuse, threaten, or harass
any person at the called number;

5. Knowingly permits any telecommunication or other electronic
communication under the control of the person to be used for any
purpose prohibited by this section; and

6. In conspiracy or concerted action with other persons, makes
repeated calls or electronic communications or simultaneous calls or
electronic communications solely to harass any person at the called
number(s).

B. As used in this section, "telecommunication" and "electronic
communication" mean any type of telephonic, electronic or radio
communications, or transmission of signs, signals, data, writings,
images and sounds or intelligence of any nature by telephone,
including cellular telephones, wire, cable, radio, electromagnetic,
photoelectronic or photo-optical system or the creation, display,
management, storage, processing, transmission or distribution of
images, text, voice, video or data by wire, cable or wireless means,
including the Internet. The term includes:

1. A communication initiated by electronic mail, instant
message, network call, or facsimile machine including text, sound or
images;

2. A communication made to a pager; or

3. A communication including text, sound or images posted to a
social media or other public media source.

ENR. H. B. NO. 2104 Page 411
C. Use of a telephone or other electronic communications
facility under this section shall include all use made of such a
facility between the points of origin and reception. Any offense
under this section is a continuing offense and shall be deemed to
have been committed at either the place of origin or the place of
reception.

D. Except as provided in subsection E of this section, any
person who is convicted of the provisions of subsection A of this
section, shall be guilty of a misdemeanor.

E. Any person who is convicted of a second offense under this
section shall be guilty of a Class D1 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20N of this title.

SECTION 405. AMENDATORY 21 O.S. 2021, Section 1192, is
amended to read as follows:

Section 1192. Any person who shall inoculate himself or any
other person or shall suffer himself to be inoculated with smallpox,
syphilis or gonorrhea and shall spread or cause to be spread to any
other persons with intent to or recklessly be responsible for the
spread of or prevalence of such infectious disease, shall be deemed
a felon, and, upon conviction thereof, guilty of a Class D1 felony
offense and shall be punished by imprisonment in the State
Penitentiary for not more than five (5) years nor less than two (2)
years as provided for in subsections B through F of Section 20N of
this title.

SECTION 406. AMENDATORY 21 O.S. 2021, Section 1229, is
amended to read as follows:

Section 1229. For livestock utilized for exhibition purposes,
it shall be unlawful for any person to inject into the livestock or
cause the livestock to ingest any drug, chemical or substance that
is not labeled for use on animals, or to administer any chemical or
substance used on livestock for the specific purpose of altering the
appearance of livestock or to alter the muscle or fat content of the
animal's carcass or to perform any surgical procedure to alter the
appearance of the livestock. Ordinary and customary veterinarian
procedures, including but not limited to dehorning, branding,
tagging or notching ears, castrating, deworming, vaccinating or
docking the tail of farm animals shall not be prohibited. Surgery
of any kind performed to change the natural contour or appearance of
ENR. H. B. NO. 2104 Page 412
the animal's body or hide, shall be prohibited by this section. Any
violation of the provisions of this section shall be a misdemeanor,
upon conviction, punishable by a fine of not less than One Thousand
Dollars ($1,000.00), nor more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the county jail for a term not
less than thirty (30) days nor more than one (1) year, or by both
such fine and imprisonment. A second or subsequent violation of the
provisions of this section shall be a Class D1 felony offense, upon
conviction, punishable by a fine of not less than One Thousand
Dollars ($1,000.00), nor more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the State Penitentiary for a
term not less than one (1) year nor more than five (5) years as
provided for in subsections B through F of Section 20N of this
title, or by both such fine and imprisonment.

SECTION 407. AMENDATORY 21 O.S. 2021, Section 1230.3, is
amended to read as follows:

Section 1230.3. Any person who knowingly and willfully
transports or causes the transportation of hazardous waste within
the State of Oklahoma without a proper manifest, as prescribed in
the Oklahoma Hazardous Waste Management Act, commits the offense of
unlawful hazardous waste transportation which shall be deemed a
Class D1 felony offense.

SECTION 408. AMENDATORY 21 O.S. 2021, Section 1230.4, is
amended to read as follows:

Section 1230.4. Any person required by law to have a permit or
authorization from the Oklahoma Department of Environmental Quality,
the Oklahoma Corporation Commission or the Oklahoma Department of
Agriculture to receive, store, treat, process, recycle or dispose of
waste, who without such permit or authorization knowingly and
willfully receives, stores, treats, processes, recycles or disposes
of waste, commits the offense of unlawful waste management which
shall be deemed a Class D1 felony offense.

SECTION 409. AMENDATORY 21 O.S. 2021, Section 1230.5, is
amended to read as follows:

Section 1230.5. A. It shall be unlawful to knowingly and
willfully:

1. Make false statements, include false data or omit material
information in an application for a waste permit, or for a waste
ENR. H. B. NO. 2104 Page 413
authorization, from the Oklahoma Department of Environmental
Quality, the Oklahoma Corporation Commission or the Oklahoma
Department of Agriculture;

2. Make false statements, include false data or omit material
information in a waste manifest, waste label, or other waste
compliance document, record or plan required by law to be created,
maintained or submitted to any state agency;

3. Submit a false sample of waste for laboratory analysis;

4. Make false statements or include false data in, or omit
material information from, a laboratory analysis of waste;

5. Tamper with an environmental monitoring device to compromise
or impair the accuracy of the device; or

6. Provide hazardous waste to another person for transportation
without providing a proper manifest as prescribed in the Oklahoma
Hazardous Waste Management Act.

B. Any person who violates the provisions of this section
commits the offense of unlawful misrepresentation of waste which
shall be deemed a Class D1 felony offense.

SECTION 410. AMENDATORY 21 O.S. 2021, Section 1230.6, is
amended to read as follows:

Section 1230.6. Any person who knowingly and willfully fails to
secure a permit required by or pursuant to law, and who, without
lawful permit or authorization, knowingly and willfully disposes,
directs the disposal or aids and abets the disposal of hazardous
waste into a sanitary sewer system without appropriate pretreatment,
or at a solid waste landfill, transfer station or processing
facility, or at any unpermitted disposal place commits the offense
of unlawful disposal of hazardous waste which shall be deemed a
Class D1 felony offense.

SECTION 411. AMENDATORY 21 O.S. 2021, Section 1265.4, is
amended to read as follows:

Section 1265.4. Whoever attempts to commit any of the crimes
defined by Sections 1265.1 through 1265.14 of this title shall be
liable to one-half (1/2) the punishment prescribed for the completed
crime. In addition to the acts which constitute an attempt to
ENR. H. B. NO. 2104 Page 414
commit a crime under the law of this state, the solicitation or
incitement of another to commit any of the crimes defined by
Sections 1265.1 through 1265.14 of this title not followed by the
commission of the crime, the collection or assemblage of any
materials with the intent that the same are to be used then or at a
later time in the commission of such crime, or the entry, with or
without permission, of a building, enclosure or other premises of
another with the intent to commit any such crime therein or thereon
shall constitute an attempt to commit such crime and shall be deemed
a Class D1 felony offense.

SECTION 412. AMENDATORY 21 O.S. 2021, Section 1278, is
amended to read as follows:

Section 1278.

UNLAWFUL INTENT TO CARRY

Any person in this state who carries or wears any deadly weapons
or dangerous instrument whatsoever with the intent or for the avowed
purpose of unlawfully injuring another person shall, upon
conviction, be guilty of a Class D1 felony offense punishable by a
fine not exceeding Five Thousand Dollars ($5,000.00), or by
imprisonment in the custody of the Department of Corrections for a
period not exceeding two (2) years as provided for in subsections B
through F of Section 20N of this title, or by both such fine and
imprisonment. The mere possession of such a weapon or dangerous
instrument, without more, however, shall not be sufficient to
establish intent as required by this section.

Any person convicted of violating the provisions of this section
after having been issued a handgun license pursuant to the
provisions of the Oklahoma Self-Defense Act shall have the license
revoked and shall be liable for an administrative fine of One
Thousand Dollars ($1,000.00) upon a hearing and determination by the
Oklahoma State Bureau of Investigation that the person is in
violation of the provisions of this section.

SECTION 413. AMENDATORY 21 O.S. 2021, Section 1320.10,
is amended to read as follows:

Section 1320.10. No person, except those specifically
authorized by the state or federal government, shall:

ENR. H. B. NO. 2104 Page 415
1. Teach or demonstrate to any group of persons the use,
application or making of any firearm, explosive or incendiary device
or application of physical force capable of causing injury or death
to a person knowing or intending that such firearm, explosive or
incendiary device or application of physical force will be employed
for use in, or in furtherance of, a riot or civil disorder; or

2. Assemble with one or more persons for the purpose of
training with, practicing with or being instructed in the use of any
firearm, explosive or incendiary device or application of physical
force capable of causing injury or death to a person, intending to
employ such firearm, explosive or incendiary device or application
of physical force for use in, or in furtherance of, a riot or civil
disorder. Any violation of this section shall be a Class D1 felony
offense and shall be punishable by imprisonment as provided for in
subsections B through F of Section 20N of this title.

SECTION 414. AMENDATORY 21 O.S. 2021, Section 1411, is
amended to read as follows:

Section 1411. Any person being the master, owner or agent of
any vessel, or officer or agent of any railroad, express or
transportation company, or otherwise being or representing any
carrier who delivers any bill of lading, receipt or other voucher,
or by which it appears that any merchandise of any description has
been shipped on board of any vessel, or delivered to any railroad,
express or transportation company or other carrier, unless the same
has been so shipped or delivered, and is at the time actually under
the control of such carrier, or the master, owner or agent of such
vessel, or some officer or agent of such company, to be forwarded as
expressed in such bill of lading, receipt or voucher, shall be
guilty of a Class D1 felony offense punishable by imprisonment in
the State Penitentiary not exceeding five (5) years as provided for
in subsections B through F of Section 20N of this title, or by a
fine not exceeding One Thousand Dollars ($1,000.00), or both.

SECTION 415. AMENDATORY 21 O.S. 2021, Section 1412, is
amended to read as follows:

Section 1412. Any person carrying on the business of a
warehouseman, wharfinger or other depositary of property, who issues
any receipt, bill of lading or other voucher for any merchandise of
any description which has not been actually received upon the
premises of such person, and is not under his actual control at the
time of issuing such instrument, whether such instrument is issued
ENR. H. B. NO. 2104 Page 416
to a person as being the owner of such merchandise, or as security
for any indebtedness, shall be guilty of a Class D1 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
five (5) years as provided for in subsections B through F of Section
20N of this title, or by a fine not exceeding One Thousand Dollars
($1,000.00), or both.

SECTION 416. AMENDATORY 21 O.S. 2021, Section 1414, is
amended to read as follows:

Section 1414. Any person mentioned in Section 1411 or 1412 of
this title, who issued any second or duplicate receipt or voucher of
a kind specified in those two sections, at a time while any former
receipt or voucher for the merchandise specified in the second
receipt is outstanding and uncancelled, without writing across the
face of the same the word “Duplicate,” in a plain and legible
manner, shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary not exceeding five (5) years
as provided for in subsections B through F of Section 20N of this
title, or by a fine not exceeding One Thousand Dollars ($1,000.00),
or both.

SECTION 417. AMENDATORY 21 O.S. 2021, Section 1415, is
amended to read as follows:

Section 1415. Any person mentioned in Section 1411 or 1412 of
this title, who sells, hypothecates or pledges any merchandise for
which any bill of lading, receipt or voucher has been issued by him
without the consent in writing thereto of the person holding such
bill, receipt or voucher, shall be guilty of a Class D1 felony
offense punishable by imprisonment in the State Penitentiary not
exceeding five (5) years as provided for in subsections B through F
of Section 20N of this title, or by a fine not exceeding One
Thousand Dollars ($1,000.00), or both.

SECTION 418. AMENDATORY 21 O.S. 2021, Section 1483, is
amended to read as follows:

Section 1483. Every person who extorts or attempts to extort
any money or other property from another, under circumstances not
amounting to robbery, by means of force or any threat such as is
mentioned in Section 1482 of this title, upon conviction, shall be
guilty of a Class D1 felony offense. A conviction for extortion is
punishable by imprisonment in the State Penitentiary for a term not
exceeding five (5) years as provided for in subsections B through F
ENR. H. B. NO. 2104 Page 417
of Section 20N of this title. A conviction for attempted extortion
is a Class D3 felony offense punishable by imprisonment in the State
Penitentiary for a term not exceeding two (2) years as provided for
in subsections B through F of Section 20P of this title.

SECTION 419. AMENDATORY 21 O.S. 2021, Section 1485, is
amended to read as follows:

Section 1485. Every person, who by any extortionate means,
obtains from another his signature to any paper or instrument,
whereby, if such signature were freely given, any property would be
transferred, or any debt, demand, charge or right of action created,
is, upon conviction, guilty of a Class D1 felony offense punishable
in the same manner as if the actual delivery of such property or
payment of the amount of such debt, demand, charge or right of
action were obtained as provided for in subsections B through F of
Section 20N of this title.

SECTION 420. AMENDATORY 21 O.S. 2021, Section 1486, is
amended to read as follows:

Section 1486. Every person who, with intent to extort any money
or other property from another, sends to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat, such as is specified in the second
section of this article, is, upon conviction, guilty of a Class D1
felony offense punishable in the same manner as if such money or
property were actually obtained by means of such threat as provided
for in subsections B through F of Section 20N of this title.

SECTION 421. AMENDATORY 21 O.S. 2021, Section 1488, is
amended to read as follows:

Section 1488. Blackmail is verbally or by written or printed
communication and with intent to extort or gain any thing of value
from another or to compel another to do an act against his or her
will:

1. Accusing or threatening to accuse any person of a crime or
conduct which would tend to degrade and disgrace the person accused;

2. Exposing or threatening to expose any fact, report or
information concerning any person which would in any way subject
such person to the ridicule or contempt of society; or

ENR. H. B. NO. 2104 Page 418
3. Threatening to report a person as being illegally present in
the United States, and is coupled with the threat that such
accusation or exposure will be communicated to a third person or
persons unless the person threatened or some other person pays or
delivers to the accuser or some other person some thing of value or
does some act against his or her will. Blackmail is a Class D1
felony offense punishable by imprisonment in the State Penitentiary
for not to exceed five (5) years as provided for in subsections B
through F of Section 20N of this title, or a fine not to exceed Ten
Thousand Dollars ($10,000.00), or by both such imprisonment and
fine.

SECTION 422. AMENDATORY 21 O.S. 2021, Section 1521, is
amended to read as follows:

Section 1521. Every person who shall lease or rent, for any
period of time whatsoever, any motor vehicle and, with intent to
cheat and defraud, who pays the fees for such lease or rental by
means of a false, bogus or worthless check written for the sum of
less than One Thousand Dollars ($1,000.00) shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed Five Hundred Dollars ($500.00), or by imprisonment in
the county jail for not more than six (6) months, or both such fine
and imprisonment. If the value of the worthless check is One
Thousand Dollars ($1,000.00) or more, any person convicted hereunder
shall be deemed guilty of a Class D1 felony offense and shall be
punished by imprisonment in the State Penitentiary for a term not
exceeding seven (7) years as provided for in subsections B through F
of Section 20N of this title, or by a fine not to exceed Five
Hundred Dollars ($500.00), or both such fine and imprisonment.

SECTION 423. AMENDATORY 21 O.S. 2021, Section 1533.1, is
amended to read as follows:

Section 1533.1. A. It is unlawful for any person to willfully
and with fraudulent intent obtain the name, address, Social Security
number, date of birth, place of business or employment, debit,
credit or account numbers, driver license number or any other
personal identifying information of another person, living or dead,
with intent to use, sell or allow any other person to use or sell
such personal identifying information to obtain or attempt to obtain
money, credit, goods, property or service in the name of the other
person without the consent of that person.

ENR. H. B. NO. 2104 Page 419
B. It is unlawful for any person to use with fraudulent intent
the personal identity of another person, living or dead, or any
information relating to the personal identity of another person,
living or dead, to obtain or attempt to obtain credit or anything of
value.

C. It is unlawful for any person with fraudulent intent to
lend, sell, or otherwise offer the use of such person's own name,
address, Social Security number, date of birth or any other personal
identifying information or document to any other person with the
intent to allow such other person to use the personal identifying
information or document to obtain or attempt to obtain any
identifying document in the name of such other person.

D. It is unlawful for any person to willfully create, modify,
alter or change any personal identifying information of another
person with fraudulent intent to obtain any money, credit, goods,
property, service or any benefit or thing of value, or to control,
use, waste, hinder or encumber another person's credit, accounts,
goods, property, title, interests, benefits or entitlements without
the consent of that person.

E. Any person convicted of violating any provision of this
section shall be guilty of identity theft. Any person who violates
the provisions of subsection A, B or D of this section shall, upon
conviction, be guilty of a Class D1 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term of not less than one (1) year nor more than five (5) years as
provided for in subsections B through F of Section 20N of this
title, or a fine not to exceed One Hundred Thousand Dollars
($100,000.00), or by both such fine and imprisonment. Any person
who violates the provisions of subsection A, B or D of this section,
and the victim is an individual who is less than eighteen (18) years
of age, shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term of not less than two (2) years nor more
than ten (10) years as provided for in subsections B through F of
Section 20N of this title, or a fine not to exceed One Hundred
Thousand Dollars ($100,000.00), or by both such fine and
imprisonment. Any person who violates the provisions of subsection
C of this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail for a term not to
exceed one (1) year, or a fine not to exceed One Hundred Thousand
Dollars ($100,000.00), or by both such fine and imprisonment.
Restitution to the victim may be ordered in addition to any criminal
ENR. H. B. NO. 2104 Page 420
penalty imposed by the court. The victim of identity theft may
bring a civil action for damages against any person participating in
furthering the crime or attempted crime of identity theft.

SECTION 424. AMENDATORY 21 O.S. 2021, Section 1544, is
amended to read as follows:

Section 1544. If the false token by which any money or property
is obtained in violation of the first and second preceding sections
of this article, is a promissory note or negotiable evidence of debt
purporting to be issued by or under the authority of any banking
company or corporation not in existence, the person guilty of such
cheat shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary not exceeding seven (7) years
as provided for in subsections B through F of Section 20N of this
title, instead of by punishment prescribed by those sections.

SECTION 425. AMENDATORY 21 O.S. 2021, Section 1550.28,
is amended to read as follows:

Section 1550.28. (a) A. A person other than the cardholder or
a person authorized by him who, with intent to defraud (1) the
issuer, (2) a person or organization providing money, goods,
services or anything else of value, or (3) any other person, signs a
credit card or debit card violates this subsection and is, upon
conviction, is guilty of a Class D1 felony offense and subject to
the penalties set forth in subsection A of Section 1550.33(a)
1550.33 of Title 21 of the Oklahoma Statutes this title.

(b) B. When a person, other than the cardholder or a person
authorized by him, possesses any credit card or debit card which is
signed or not signed, such possession shall be a crime Class D1
felony offense and subject to the penalties set forth in Section
1550.33 of Title 21 of the Oklahoma Statutes this title.

SECTION 426. AMENDATORY 21 O.S. 2021, Section 1550.31,
is amended to read as follows:

Section 1550.31. (a) A. A person other than the cardholder
possessing one or more incomplete credit cards or debit cards, with
intent to complete them without the consent of the issuer, or a
person possessing, with knowledge of its character, machinery,
plates or any other contrivance designed to reproduce instruments
purporting to be the credit cards or debit cards of an issuer who
has not consented to the preparation of such credit cards or debit
ENR. H. B. NO. 2104 Page 421
cards, is, upon conviction, guilty of an a Class D1 felony offense
and is subject to the penalties set forth in subsection B of Section
1550.33(b) 1550.33 of this title.

(b) B. A credit card or debit card is "incomplete" if part of
the matter, other than the signature of the cardholder, which an
issuer requires to appear on the credit card or debit card before it
can be used by a cardholder has not yet been stamped, embossed,
imprinted or written on it.

SECTION 427. AMENDATORY 21 O.S. 2021, Section 1550.33,
is amended to read as follows:

Section 1550.33. A. A person who is subject to the penalties
of this subsection shall be guilty of a misdemeanor Class D1 felony
offense and fined not more than One Thousand Dollars ($1,000.00), or
imprisoned in the county jail not to exceed one (1) year as provided
for in subsections B through F of Section 20N of this title, or both
fined and imprisoned.

B. A person who is subject to the penalties of this subsection
shall be guilty of a Class D1 felony offense and shall be punished
by imprisonment in the custody of the Department of Corrections for
not more than seven (7) years as provided for in subsections B
through F of Section 20N of this title.

C. A person subject to the penalties of this subsection who
received goods or services or any other item which has a value of
One Thousand Dollars ($1,000.00) or more shall be guilty of a Class
D3 felony offense and fined not more than Three Thousand Dollars
($3,000.00), or imprisoned in the custody of the Department of
Corrections for not more than three (3) years as provided for in
subsections B through F of Section 20P of this title, or both fined
and imprisoned. If the value is less than One Thousand Dollars
($1,000.00), the person shall be guilty of a misdemeanor and fined
not more than One Thousand Dollars ($1,000.00), imprisoned in the
county jail for not more than one (1) year, or both fined and
imprisoned. For purposes of this subsection, a series of offenses
may be aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
ENR. H. B. NO. 2104 Page 422
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.

SECTION 428. AMENDATORY 21 O.S. 2021, Section 1550.41,
is amended to read as follows:

Section 1550.41. A. As used in this section and Section
1550.42 of this title, "identification document", "identification
card", or "identification certificate" means any printed form which
contains:

1. The name and photograph of a person;

2. The name and any physical description of a person;

3. The name and social security number of a person; or

4. Any combination of information provided for in paragraphs 1
through 3 of this subsection; and

which by its format, is capable of leading a person to believe said
document, card, or certificate has been issued for the purpose of
identifying the person named thereon, but shall not include any
printed form which, on its face, conspicuously bears the term "NOT
FOR IDENTIFICATION" in not less than six-point type.

B. It is a misdemeanor for any person:

1. To purchase an identification document, identification card,
or identification certificate which bears altered or fictitious
information concerning the date of birth, sex, height, eye color,
weight, a fictitious or forged name or signature or a photograph of
any person, other than the person named thereon;

2. To display or cause or permit to be displayed or to
knowingly possess an identification document, identification card or
identification certificate which bears altered or fictitious
information concerning the date of birth, sex, height, eye color,
weight, or fictitious or forged name or signature or a photograph of
any person, other than the person named thereon;

3. To display or cause or permit to be displayed or to
knowingly possess any counterfeit or fictitious identification
document, identification card, or identification certificate; or

ENR. H. B. NO. 2104 Page 423
4. To use the "Great Seal of the State of Oklahoma" or
facsimile thereof, on any identification document, identification
card, or identification certificate which is not issued by an entity
of this state or political subdivision thereof, or by the United
States. Provided, nothing in this paragraph shall be construed to
prohibit the use of the "Great Seal of the State of Oklahoma" for
authorized advertising, including, but not limited to, business
cards, calling cards and stationery.

C. It is a Class D1 felony offense for any person:

1. To create, publish or otherwise manufacture an
identification document, identification card or identification
certificate or facsimile thereof, or to create, manufacture or
possess an engraved plate or other such device for the printing of
an identification document, identification card or identification
certificate or facsimile thereof, which purports to identify the
bearer of such document, card, or certificate whether or not
intended for use as identification, and includes, but is not limited
to, documents, cards, and certificates purporting to be driver
licenses, nondriver identification cards, birth certificates, social
security cards, and employee identification cards, except as
authorized by state or federal law;

2. To sell or offer for sale an identification document,
identification card, or identification certificate or facsimile
thereof, which purports to identify the bearer of such document,
card, or certificate whether or not intended for use as
identification, and includes, but is not limited to, documents,
cards, and certificates purporting to be driver licenses, nondriver
identification cards, birth certificates, social security cards, and
employee identification cards, except as authorized by state or
federal law; or

3. To display or present an identification document,
identification card or identification certificate which bears
altered, false or fictitious information for the purpose of:

a. committing or aiding in the commission of a felony in
any commercial or financial transaction,

b. misleading a peace officer in the performance of
duties, or

c. avoiding prosecution.
ENR. H. B. NO. 2104 Page 424

D. 1. The violation of any of the provisions of subsection B
of this section shall constitute a misdemeanor and, upon conviction
thereof, shall be punishable by a fine of not less than Twenty-five
Dollars ($25.00), nor more than Two Hundred Dollars ($200.00).

2. The violation of any of the provisions of subsection C of
this section shall constitute a Class D1 felony offense and, upon
conviction thereof, shall be punishable by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or a term of imprisonment in the
State Penitentiary not to exceed seven (7) years as provided for in
subsections B through F of Section 20N of this title, or by both
such fine and imprisonment.

E. Notwithstanding any provision of this section, the chief
administrator of a federal or state law enforcement, military, or
intelligence agency may request the Commissioner of the Department
of Public Safety or State Commissioner of Health to authorize the
issuance of an identification document, identification card, or
identification certificate within the scope of their authority which
would otherwise be a violation of this section, to identify a law
enforcement officer or agent as another person for the sole purpose
of aiding in a criminal investigation or a military or intelligence
operation. A person displaying or possessing such identification
shall not be prosecuted for a violation of this section. Upon
termination of the investigation or operation, the person to whom
such identification document, identification card or identification
certificate was issued shall return such identification to the
Department of Public Safety or State Department of Health, as
appropriate.

SECTION 429. AMENDATORY 21 O.S. 2021, Section 1550, is
amended to read as follows:

Section 1550. A. Any person who, while in the commission or
attempted commission of a felony, has in his possession or under his
control a firearm, the factory serial number or identification
number of which has been removed, defaced, altered, obliterated or
mutilated in any manner, upon conviction, shall be guilty of a Class
D1 felony offense punishable by imprisonment in the State
Penitentiary for a period of not less than two (2) years nor more
than five (5) years as provided for in subsections B through F of
Section 20N of this title, or by a fine of not less than One
Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars
($10,000.00), or by both such fine and imprisonment.
ENR. H. B. NO. 2104 Page 425

B. Any person who removes, defaces, alters, obliterates or
mutilates in any manner the factory serial number or identification
number of a firearm, or in any manner participates therein, upon
conviction, shall be guilty of a misdemeanor punishable by
imprisonment in the county jail for not to exceed one (1) year, or
by a fine of not to exceed One Thousand Dollars ($1,000.00), or by
both such fine and imprisonment.

C. 1. Upon a conviction of a violation of this section, the
court clerk, sheriff, peace officer or other person having custody
of the firearm shall immediately deliver the firearm to the
Commissioner of Public Safety, who shall preserve the firearm
pending an order of the court.

2. At the conclusion of a trial or proceeding for a violation
of this section, if a finding is made that the factory serial number
or identification number of the firearm has been removed, defaced,
altered, obliterated or mutilated, the court shall issue a written
order to the Commissioner of Public Safety for destruction of the
firearm, unless the defendant files a timely motion to preserve the
firearm pending appeal. At the conclusion of the appeal, if a
finding is made that the factory serial number or identification
number of the firearm has been removed, defaced, altered,
obliterated or mutilated, the Court of Criminal Appeals or the trial
court shall issue a written order to the Commissioner for
destruction of the firearm.

SECTION 430. AMENDATORY 21 O.S. 2021, Section 1571, is
amended to read as follows:

Section 1571. Every person who, with intent to defraud, forges,
or counterfeits the great or privy seal of this state, the seal of
any public office authorized by law, the seal of any court of
record, including judge of county seals, or the seal of any
corporation created by the laws of this state, or of any other
state, government or country, or any other public seal authorized or
recognized by the laws of this state, or of any other state,
government or country, or who falsely makes, forges or counterfeits
any impression purporting to be the impression of any such seal, is
guilty of forgery in the second degree, a Class D1 felony offense.

SECTION 431. AMENDATORY 21 O.S. 2021, Section 1572, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 426
Section 1572. Every person who, with intent to defraud, falsely
alters, destroys, corrupts or falsifies:

1. Any record of any will, codicil, conveyance or other
instrument, the record of which is, by law, evidence; or,

2. Any record of any judgment in a court of record, or any
enrollment of any decree of a court of equity; or,

3. The return of any officer, court or tribunal to any process
of any court,

is guilty of forgery in the second degree, a Class D1 felony
offense.

SECTION 432. AMENDATORY 21 O.S. 2021, Section 1573, is
amended to read as follows:

Section 1573. Every person who, with intent to defraud, falsely
makes, forges or alters, any entry in any book of records, or any
instrument purporting to be any record or return specified in the
last section; and any abstracter, his officer, agent or employee,
who, with intent to defraud, falsely makes or alters any abstract
entry or copy thereof in any material matter, is guilty of forgery
in the second degree, a Class D1 felony offense.

SECTION 433. AMENDATORY 21 O.S. 2021, Section 1574, is
amended to read as follows:

Section 1574. If any officer authorized to take the
acknowledgment or proof of any conveyance of real property, or of
any other instrument which by law may be recorded, knowingly and
falsely certifies that any such conveyance or instrument was
acknowledged by any party thereto, or was proved by any subscribing
witness, when in truth such conveyance or instrument was not
acknowledged or proved as certified, he is guilty of forgery in the
second degree, a Class D1 felony offense.

SECTION 434. AMENDATORY 21 O.S. 2021, Section 1580, is
amended to read as follows:

Section 1580. Any officer or agent of any corporation or joint
stock association formed or existing under or by virtue of the laws
of this state, or of any other state, government or country, who,
within this state, willfully signs or procures to be signed, with
ENR. H. B. NO. 2104 Page 427
intent to issue, sell or pledge, or to cause to be issued, sold or
pledged, or who willfully issues, sells or pledges, or causes to be
issued, sold or pledged, any false or fraudulent certificate or
other evidence of the ownership or transfer of any share or shares
of the capital stock of such corporation or association, whether of
full paid shares or otherwise, or of any interest in its property or
profits, or of any certificate or other evidence of such ownership,
transfer or interest, or any instrument purporting to be a
certificate or other evidence of such ownership, transfer or
interest, the signing, issuing, selling or pledging of which has not
been duly authorized by the board of directors or other managing
body of such corporation or association having authority to issue
the same, is guilty of forgery in the second degree, a Class D1
felony offense.

SECTION 435. AMENDATORY 21 O.S. 2021, Section 1581, is
amended to read as follows:

Section 1581. Any officer or agent of any corporation or joint
stock association formed or existing under or by virtue of the laws
of this state, or of any other state, government or country, who,
within this state, willfully reissues, sells or pledges, or causes
to be reissued, sold or pledged, any surrendered or canceled
certificate, or other evidence of the ownership or transfer of any
share or shares of the capital stock of such corporation or
association, or of an interest in its property or profits, with
intent to defraud, is guilty of forgery in the second degree, a
Class D1 felony offense.

SECTION 436. AMENDATORY 21 O.S. 2021, Section 1582, is
amended to read as follows:

Section 1582. Any officer or agent of any corporation,
municipal or otherwise, of any joint stock association formed or
existing under or by virtue of the laws of this state, or of any
other state, government or country, who, within this state,
willfully signs or procures to be signed with intent to issue, sell
or pledge, or cause to be issued, sold or pledged, or who willfully
issues, sells or pledges, or causes to be issued, sold or pledged,
any false or fraudulent bond or other evidence of debt against such
corporation or association of any instrument purporting to be a bond
or other evidence of debt against such corporation or association,
the signing, issuing, selling or pledging of which has not been duly
authorized by the board of directors or common council or other
managing body of officers of such corporation having authority to
ENR. H. B. NO. 2104 Page 428
issue the same, is guilty of forgery in the second degree, a Class
D1 felony offense.

SECTION 437. AMENDATORY 21 O.S. 2021, Section 1583, is
amended to read as follows:

Section 1583. Every person who counterfeits any gold or silver
coin, whether of the United States or any foreign government or
country, with intent to sell, utter, use or circulate the same as
genuine, within this state, is guilty of forgery in the second
degree, a Class D1 felony offense.

SECTION 438. AMENDATORY 21 O.S. 2021, Section 1584, is
amended to read as follows:

Section 1584. Every person who counterfeits any gold or silver
coin, whether of the United States or of any foreign country or
government, with intent to export the same, or permit them to be
exported to injure or defraud any foreign government, or the
subjects thereof, is guilty of forgery in the second degree, a Class
D1 felony offense.

SECTION 439. AMENDATORY 21 O.S. 2021, Section 1585, is
amended to read as follows:

Section 1585. Every person who, with intent to defraud, falsely
marks, alters, forges or counterfeits:

1. Any instrument in writing, being or purporting to be any
process issued by any competent court, magistrate, or officer of
being or purporting to be any pleading, proceeding, bond or
undertaking filed or entered in any court, or being or purporting to
be any license or authority authorized by any statute; or,

2. Any instrument of writing, being or purporting to be the act
of another by which any pecuniary demand or obligation is, or
purports to be created, increased, discharged or diminished, or by
which any rights or property whatever, are, or purport to be,
transferred, conveyed, discharged, diminished, or in any manner
affected, the punishment of which is not hereinbefore prescribed, by
which false marking, altering, forging or counterfeiting, any person
may be affected, bound or in any way injured in his person or
property, is guilty of a forgery in the second degree, a Class D1
felony offense.

ENR. H. B. NO. 2104 Page 429
SECTION 440. AMENDATORY 21 O.S. 2021, Section 1586, is
amended to read as follows:

Section 1586. Every person who, with intent to defraud, makes
any false entry or falsely alters any entry made in any book of
accounts kept in the office of the State Auditor and Inspector, or
in the office of the Treasurer of this state or of any county
treasurer, by which any demand or obligation, claim, right or
interest either against or in favor of the people of this state, or
any county or town, or any individual, is or purports to be
discharged, diminished, increased, created, or in any manner
affected, is guilty of forgery in the second degree, a Class D1
felony offense.

SECTION 441. AMENDATORY 21 O.S. 2021, Section 1587, is
amended to read as follows:

Section 1587. Every person who, with intent to defraud, forges,
counterfeits, or falsely alters any ticket, check or other paper or
writing to entitle the holder or proprietor thereof to a passage
upon any railroad, or in any vessel or other public conveyance; and
every person who, with like intent, sells, exchanges or delivers, or
keeps or offers for sale, exchange or delivery, or receives upon any
purchase, exchange or delivery any such ticket, knowing the same to
have been forged, counterfeited or falsely altered is guilty of
forgery in the second degree, a Class D1 felony offense.

SECTION 442. AMENDATORY 21 O.S. 2021, Section 1588, is
amended to read as follows:

Section 1588. Every person who forges, counterfeits or alters
any postage or revenue stamp of the United States, or who sells or
offers to keep for sale, as genuine or as forged, any such stamp,
knowing it to be forged, counterfeited or falsely altered, is guilty
of forgery in the second degree, a Class D1 felony offense.

SECTION 443. AMENDATORY 21 O.S. 2021, Section 1589, is
amended to read as follows:

Section 1589. Every person who, with intent to defraud, makes
any false entry, or falsely alters any entry made in any book of
accounts kept by any corporation within this state, or in any book
of accounts kept by any such corporation or its officers, and
delivered or intended to be delivered to any person dealing with
such corporation, by which any pecuniary obligation, claim or credit
ENR. H. B. NO. 2104 Page 430
is, or purports to be, discharged, diminished, increased, created or
in any manner affected, is guilty of forgery in the second degree, a
Class D1 felony offense.

SECTION 444. AMENDATORY 21 O.S. 2021, Section 1590, is
amended to read as follows:

Section 1590. Every person who being a member or officer or in
the employment of any corporation, association or partnership,
falsifies, alters, erases, obliterates or destroys any account or
book of accounts or records belonging to such corporation,
association or partnership, or appertaining to their business or
makes any false entries in such account or book or keeps any false
account in such business with intent to defraud his employers, or to
conceal any embezzlement of their money, or property, or any
defalcation or other misconduct, committed by any person in the
management of their business, is guilty of forgery in the second
degree, a Class D1 felony offense.

SECTION 445. AMENDATORY 21 O.S. 2021, Section 1591, is
amended to read as follows:

Section 1591. Every person who has in his possession any
counterfeit of any gold or silver coin, whether of the United States
or any foreign country or government, knowing the same to be
counterfeit, with intent to sell or to use, circulate or export the
same, as true or as false, or by causing the same to be uttered or
passed, is guilty of forgery in the second degree, a Class D1 felony
offense.

SECTION 446. AMENDATORY 21 O.S. 2021, Section 1593, is
amended to read as follows:

Section 1593. Every person who, by any false representation,
artifice or deceit, procures from another his signature to any
instrument, the false making of which would be forgery, and which
the party signing would not have executed had he known the facts and
effect of the instrument, is guilty of forgery in the second degree,
a Class D1 felony offense.

SECTION 447. AMENDATORY 21 O.S. 2021, Section 1621, is
amended to read as follows:

Section 1621. Forgery is punishable as follows:

ENR. H. B. NO. 2104 Page 431
1. Forgery in the first degree is a Class B3 felony offense
punishable by imprisonment not less than seven (7) years nor more
than twenty (20) years; and

2. Forgery in the second degree is a Class D1 felony offense
punishable by imprisonment not exceeding seven (7) years as provided
for in subsections B through F of Section 20N of this title.

3. Forgery in the third degree is:

a. If the value of the forgery is less than One Thousand
Dollars ($1,000.00), a misdemeanor punishable by
confinement for not more than one (1) year and by a
fine not exceeding One Thousand Dollars ($1,000.00).

b. If the value of the forgery is One Thousand Dollars
($1,000.00) or more, a Class D1 felony offense
punishable by imprisonment not exceeding seven (7)
years as provided for in subsections B through F of
Section 20N of this title.

c. If the total or aggregate value of the forgery is Two
Thousand Dollars ($2,000.00) or more, a Class D1
felony offense punishable by imprisonment not
exceeding seven (7) years as provided for in
subsections B through F of Section 20N of this title.

SECTION 448. AMENDATORY 21 O.S. 2021, Section 1639, is
amended to read as follows:

Section 1639. A. In every case of a fraudulent insolvency of a
moneyed corporation not licensed to conduct insurance business in
the State of Oklahoma, every director thereof who participated in
such fraud is guilty of a misdemeanor.

B. In every case of a fraudulent insolvency of a moneyed
corporation licensed to conduct the business of insurance in the
State of Oklahoma, every director thereof who participated in such
fraud is guilty of a Class D1 felony offense punishable by up to
five (5) years of incarceration as provided for in subsections B
through F of Section 20N of this title and a fine of up to Fifty
Thousand Dollars ($50,000.00).

SECTION 449. AMENDATORY 21 O.S. 2021, Section 1663, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 432

Section 1663. A. Any person who commits workers' compensation
fraud, upon conviction, shall be guilty of a Class D1 felony offense
punishable by imprisonment in the State Penitentiary for not
exceeding seven (7) years as provided for in subsections B through F
of Section 20N of this title, or by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment. Any person who commits workers’ compensation fraud
and who has a prior felony conviction of workers’ compensation fraud
shall receive a two-year penalty enhancement for each prior
conviction in addition to the sentence provided above.

B. For the purposes of this section, workers' compensation
fraud shall include, but not be limited to, any act or omission
prohibited by subsection C of this section and committed by a person
with the intent to injure, defraud or deceive another with respect
to any of the following:

1. A claim for payment or other benefit pursuant to a contract
of insurance;

2. An application for the issuance of a contract of insurance;

3. The rating of a contract of insurance or any risk associated
with the contract;

4. Premiums paid on any contract of insurance whether or not
the contract was actually issued;

5. Payments made in accordance with the terms of a contract of
insurance;

6. An application for any license which is required by the
Oklahoma Insurance Code, Title 36 of the Oklahoma Statutes;

7. An application for a license which is required for the
organization, operation or maintenance of a health maintenance
organization pursuant to Section 2501 et seq. of Title 63 of the
Oklahoma Statutes;

8. A request for any approval, license, permit or permission
required by the Workers' Compensation Act, by the rules of the
Workers' Compensation Court or by the rules of the Workers'
Compensation Court Administrator necessary to secure compensation as
required by Section 61 of Title 85 of the Oklahoma Statutes;
ENR. H. B. NO. 2104 Page 433

9. The financial condition of an insurer or purported insurer;

10. The acquisition of any insurer; or

11. A contract of insurance or a Certification of Non-Coverage
Under the Workers' Compensation Act.

C. A person is guilty of workers' compensation fraud who:

1. Presents, causes to be presented or intends to present to
another, any statement as part of or in support of any of the
purposes described in subsection B of this section knowing that such
statement contains any false, fraudulent, incomplete or misleading
information concerning any fact or thing material to the purpose for
the statement;

2. Assists, abets, solicits or conspires with another to
prepare or make any statement that is intended to be presented to,
used by or relied upon by another in connection with or in support
of any of the purposes described in subsection B of this section
knowing that such statement contains any false, fraudulent,
incomplete or misleading information concerning any fact or thing
material to the purpose of the statement;

3. Conceals, attempts to conceal or conspires to conceal any
information concerning any fact material to any of the purposes
described in subsection B of this section;

4. Solicits, accepts or conspires to solicit or accept new or
renewal insurance risks by or for an insolvent insurer;

5. Removes, attempts to remove or conspires to remove the
assets or records of the insurer or a material part thereof, from
the place of business of the insurer or from a place of safekeeping
of the insurer;

6. Conceals, attempts to conceal or conspires to conceal the
assets or records of the insurer or a material part thereof;

7. Diverts, attempts to divert, or conspires to divert funds of
an insurer or other person in connection with:

a. a contract of insurance,

ENR. H. B. NO. 2104 Page 434
b. the business of an insurer, or

c. the formation, acquisition or dissolution of an
insurer;

8. Solicits, accepts or conspires to solicit or accept any
benefit in exchange for violating any provision of this section;

9. Conceals, attempts to conceal, conspires to conceal or fails
to disclose any change in any material fact, circumstance or thing
for which there is a duty to disclose to another; or

10. Alters, falsifies, forges, distorts, counterfeits or
otherwise changes any material statement, form, document, contract,
application, certificate, or other writing with the intent to
defraud, deceive, or mislead another.

D. It shall not be a defense to an allegation of a violation of
this section that the person accused did not have a contractual
relationship with the insurer.

E. For the purposes of this section:

1. “Contract of insurance” includes, but is not limited to,
workers' compensation insurance or any other means of securing
compensation permitted by the Workers' Compensation Act or
reinsurance for such insurance or other means of securing
compensation;

2. “Insurer” includes, but is not limited to, any person who is
engaged in the business of making contracts of insurance;

3. “Person” means any individual or entity, whether
incorporated or not, and in the case of an entity, includes those
persons directly responsible for the fraudulent actions of the
entity;

4. “Statement” includes, but is not limited to, any oral,
written, computer-generated or otherwise produced notice, proof of
loss, bill of lading, receipt for payment, invoice, account,
certificate, survey affidavit, book, paper, writing, estimate of
property damage, bill for services, diagnosis, prescription, medical
record, x-ray, test result or other evidence of loss, injury or
expense; and

ENR. H. B. NO. 2104 Page 435
5. “Work” does not include activities that result in nominal
economic gain.

SECTION 450. AMENDATORY 21 O.S. 2021, Section 1681, is
amended to read as follows:

Section 1681. Any person who willfully administers poison to
any animal, the property of another, and every person who
maliciously exposes any poisonous substance with intent that the
same shall be taken by any such animal, shall be guilty of a Class
D1 felony offense and shall be punishable by imprisonment in the
State Penitentiary not exceeding three (3) years, or in a county
jail not exceeding one (1) year as provided for in subsections B
through F of Section 20N of this title, or by a fine not exceeding
Two Hundred Fifty Dollars ($250.00), or by both such fine and
imprisonment.

SECTION 451. AMENDATORY 21 O.S. 2021, Section 1719, is
amended to read as follows:

Section 1719. Every person who shall take, steal and carry away
any domestic fowl, or fowls, and any person purchasing or receiving
such domestic fowl, or fowls, knowing them to have been stolen,
shall be guilty of grand larceny, a Class D1 felony offense,
regardless of the value thereof, and upon conviction shall be
punished by imprisonment in the State Penitentiary not exceeding
five (5) years as provided for in subsections B through F of Section
20N of this title, or by a fine not exceeding Two Hundred Dollars
($200.00), or by confinement in the county jail not exceeding two
(2) months, or by both such fine and imprisonment.

SECTION 452. AMENDATORY 21 O.S. 2021, Section 1719.1, is
amended to read as follows:

Section 1719.1. A. For the purpose of this section:

1. "Domesticated fish or game" means all birds, mammals, fish
and other aquatic forms and all other animals, regardless of
classifications, whether resident, migratory or imported, protected
or unprotected, dead or alive, and shall extend to and include every
part of any individual species when such domesticated fish or game
are not in the wild and are in the possession of a person currently
licensed to possess such fish or game; and

ENR. H. B. NO. 2104 Page 436
2. "Taking" means the pursuing, killing, capturing, trapping,
snaring and netting of domesticated fish or game or placing,
setting, drawing or using any net, trap or other device for taking
domesticated fish or game and includes specifically every attempt to
take such domesticated fish or game.

B. Any domesticated fish or game shall be considered the
personal property of the owner.

C. Any person who shall take any domesticated fish or game,
with the intent to deprive the owner of said fish or game, and any
person purchasing or receiving such domesticated fish or game
knowing them to have been stolen, shall:

1. Upon conviction, if the current market value of said
domesticated fish or game is less than One Thousand Dollars
($1,000.00), be guilty of a misdemeanor and shall be punished by a
fine of not more than Five Hundred Dollars ($500.00) or by
imprisonment in the county jail for a term not to exceed sixty (60)
days, or by both such fine and imprisonment; or

2. Upon conviction, if the current market value of said
domesticated fish or game is One Thousand Dollars ($1,000.00) or
more, be guilty of a Class D1 felony offense and shall be punished
by a fine of not less than One Thousand Dollars ($1,000.00) nor more
than Five Thousand Dollars ($5,000.00), or by imprisonment in the
State Penitentiary for a term of not more than five (5) years as
provided for in subsections B through F of Section 20N of this
title, or by both such fine and imprisonment.

SECTION 453. AMENDATORY 21 O.S. 2021, Section 1723, is
amended to read as follows:

Section 1723. Any person entering and stealing any money or
other thing of value from any house, railroad car, tent, booth or
temporary building shall be guilty of larceny from the house.
Larceny from the house is a Class D1 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20N of this title.

SECTION 454. AMENDATORY 21 O.S. 2021, Section 1726, is
amended to read as follows:

Section 1726. A. Any person who may be found in this state
with more than one (1) pound of mercury in his possession, and who
ENR. H. B. NO. 2104 Page 437
does not have valid written evidence of his title to such mercury,
shall be guilty of a Class D1 felony offense and upon conviction
thereof shall be punishable by imprisonment in the State
Penitentiary for a term not less than one (1) year nor more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or by a fine not exceeding Five Hundred Dollars
($500.00), or by both such fine and imprisonment.

B. It shall be a defense to any charge under this section that
the person so charged (1) is a bona fide miner or processor of
mercury or (2) that the mercury possessed by such person is, while
in his possession, an integral part of a tool, instrument, or device
used for a beneficial purpose. In any complaint, information, or
indictment brought under this section, it shall not be necessary to
negative any exception, excuse, exemption, or defense provided in
this section, and the burden of proof of any such exception, excuse,
exemption or defense shall be upon the defendant.

SECTION 455. AMENDATORY 21 O.S. 2021, Section 1727, is
amended to read as follows:

Section 1727. Any person who shall enter upon any premises,
easement, or right-of-way with intent to steal or remove without the
consent of the owner, or with intent to aid or assist in stealing or
removing any copper wire, copper cable, or copper tubing from and
off of any appurtenance on such premises, easement, or right-of-way
shall be guilty of a Class D1 felony offense and upon conviction
shall be punished by confinement in the State Penitentiary for not
less than one (1) year nor more than five (5) years, or by
confinement in the county jail for not less than ninety (90) days
nor more than two hundred (200) days as provided for in subsections
B through F of Section 20N of this title, or shall be fined not less
than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00), or by both such fine and imprisonment.

SECTION 456. AMENDATORY 21 O.S. 2021, Section 1728, is
amended to read as follows:

Section 1728. Any person who shall receive, transport, or
possess in this state stolen copper wire, copper cable, or copper
tubing under such circumstances that he knew or should have known
that the same was stolen shall upon conviction thereof be guilty of
a Class D1 felony offense and shall be confined in the State
Penitentiary for a term of not less than one (1) year nor more than
five (5) years, or shall be confined in the county jail for not less
ENR. H. B. NO. 2104 Page 438
than ninety (90) days nor more than two hundred (200) days as
provided for in subsections B through F of Section 20N of this
title, or shall be fined not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00), or both such fine and
imprisonment.

SECTION 457. AMENDATORY 21 O.S. 2021, Section 1751, is
amended to read as follows:

Section 1751. Any person who maliciously, wantonly or
negligently either:

1. Removes, displaces, injures or destroys any part of any
railroad, or railroad equipment, whether for steam or horse cars, or
any track of any railroad, or of any branch or branchway, switch,
turnout, bridge, viaduct, culvert, embankment, station house, or
other structure or fixture, or any part thereof, attached to or
connected with any railroad; or

2. Places any obstruction upon the rails or tracks of any
railroad, or any branch, branchway, or turnout connected with any
railroad,

shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary not exceeding four (4) years
or in a county jail not less than six (6) months as provided for in
subsections B through F of Section 20N of this title.

SECTION 458. AMENDATORY 21 O.S. 2021, Section 1752.1, is
amended to read as follows:

Section 1752.1. A. Any person shall be guilty of a misdemeanor
if the person:

1. Without consent of the owner or the owner's agent, enters or
remains on railroad property, knowing that it is railroad property;

2. Throws an object at a train, or rail-mounted work equipment;
or

3. Maliciously or wantonly causes in any manner the derailment
of a train, railroad car or rail-mounted work equipment.

B. Any person shall be guilty of a Class D1 felony offense if
the person commits an offense specified in subsection A of this
ENR. H. B. NO. 2104 Page 439
section which results in a demonstrable monetary loss, damage or
destruction of railroad property when said loss is valued at more
than One Thousand Five Hundred Dollars ($1,500.00) or results in
bodily injury to a person. Any person shall be guilty of a Class D1
felony offense if the person discharges a firearm or weapon at a
train, or rail-mounted work equipment.

C. Any person violating the misdemeanor provisions of this
section shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by imprisonment in the county jail not exceeding
one (1) year or by a fine not exceeding One Thousand Dollars
($1,000.00), or both such fine and imprisonment. Any person
violating the felony provisions of this section shall be deemed
guilty of a Class D1 felony offense, and upon conviction shall be
punished by imprisonment in the State Penitentiary not exceeding
four (4) years. If personal injury results, such person shall be
punished by imprisonment in the State Penitentiary as provided for
in subsections B through F of Section 20N of this title.

D. Subsection A of this section shall not be construed to
interfere with the lawful use of a public or private crossing.

E. Nothing in this section shall be construed as limiting a
representative of a labor organization which represents or is
seeking to represent the employees of the railroad, from conducting
such business as provided under the Railway Labor Act, 45 U.S.C.,
Section 151 et seq.

F. As used in this section “railroad property” includes, but is
not limited to, any train, locomotive, railroad car, caboose, rail-
mounted work equipment, rolling stock, work equipment, safety
device, switch, electronic signal, microwave communication
equipment, connection, railroad track, rail, bridge, trestle, right-
of-way or other property that is owned, leased, operated or
possessed by a railroad.

SECTION 459. AMENDATORY 21 O.S. 2021, Section 1767.1, is
amended to read as follows:

Section 1767.1. A. Any person who shall willfully or
maliciously commit any of the following acts shall be deemed guilty
of a Class D1 felony offense:

1. Place in, upon, under, against or near to any building, car,
truck, aircraft, motor or other vehicle, vessel, railroad, railway
ENR. H. B. NO. 2104 Page 440
car, or locomotive or structure, any explosive or incendiary device
with unlawful intent to destroy, throw down, or injure, in whole or
in part, such property, or conspire, aid, counsel or procure the
destruction of any building, public or private, or any car, truck,
aircraft, motor or other vehicle, vessel, railroad, railway car, or
locomotive or structure; or

2. Place in, upon, under, against or near to any building, car,
truck, aircraft, motor or other vehicle, vessel, railroad, railway
car, or locomotive or structure, any explosive or incendiary device
with intent to destroy, throw down, or injure in whole or in part,
under circumstances that, if such intent were accomplished, human
life or safety would be endangered thereby; or

3. By the explosion of any explosive or the igniting of any
incendiary device destroy, throw down, or injure any property of
another person, or cause injury to another person; or

4. Manufacture, sell, transport, or possess any explosive, the
component parts of an explosive, an incendiary device, or simulated
bomb with knowledge or intent that it or they will be used to
unlawfully kill, injure or intimidate any person, or unlawfully
damage any real or personal property; or

5. Place in, upon, under, against or near to any building, car,
truck, aircraft, motor or other vehicle, vessel, railroad, railway
car, or locomotive or structure, any foul, poisonous, offensive or
injurious substance or compound, explosive, incendiary device, or
simulated bomb with intent to wrongfully injure, molest or coerce
another person or to injure or damage the property of another
person; or

6. Injure, damage or attempt to damage by an explosive or
incendiary device any person, persons, or property, whether real or
personal; or

7. Make any threat or convey information known to be false,
concerning an attempt or alleged attempt to kill, injure or
intimidate any person or unlawfully damage any real or personal
property by means of an explosive, incendiary device, or simulated
bomb; or

8. Manufacture, sell, deliver, mail or send an explosive,
incendiary device, or simulated bomb to another person; or

ENR. H. B. NO. 2104 Page 441
9. While committing or attempting to commit any felony,
possess, display, or threaten to use any explosive, incendiary
device, or simulated bomb.

B. Nothing contained herein shall be construed to apply to, or
repeal any laws pertaining to, the acts of mischief of juveniles
involving no injurious firecrackers or devices commonly called
"stink bombs".

SECTION 460. AMENDATORY 21 O.S. 2021, Section 1777, is
amended to read as follows:

Section 1777. Any person who maliciously draws up or removes or
cuts or otherwise injures any piles fixed in the ground and used for
securing any bank or dam of any river, canal, drain, aqueduct,
marsh, reservoir, pool, port, dock, quay, jetty or lock, shall be
guilty of a Class D1 felony offense punishable by imprisonment in
the State Penitentiary not exceeding five (5) years and not less
than two (2) years, or by imprisonment in a county jail not
exceeding one (1) year as provided for in subsections B through F of
Section 20N of this title, or by a fine not exceeding Five Hundred
Dollars ($500.00), or by both such fine and imprisonment.

SECTION 461. AMENDATORY 21 O.S. 2021, Section 1837, is
amended to read as follows:

Section 1837. Any person who shall designedly place any hard or
solid substance or article in any stack, shock, sheaf or load of
unthreshed grain, or in any bin, bag, sack or load of unthreshed
grain, or seed, or shall designedly place any matches or other
inflammable, combustible or explosive substance in any unginned
cotton with the intent to injure or destroy any such grain, seed, or
cotton, or any machinery which may be used for threshing or grinding
such grain or seed or ginning such cotton, shall be deemed guilty of
a Class D1 felony offense, and upon conviction shall be punished by
confinement in the State Penitentiary for a term of not less than
one (1) year nor more than five (5) years as provided for in
subsections B through F of Section 20N of this title.

SECTION 462. AMENDATORY 21 O.S. 2021, Section 1873, is
amended to read as follows:

Section 1873. A. Any person who intentionally sells an
unlawful telecommunication device or material, including hardware,
data, computer software, or other information or equipment, knowing
ENR. H. B. NO. 2104 Page 442
that the purchaser or a third person intends to use such material in
the manufacture of an unlawful telecommunication device shall, upon
conviction, be guilty of a schedule F Class D3 felony, if the
offense occurs on or after the effective date of Section 20.1 of
this title. If the offense occurs before the effective date of
Section 20.1 of this title, the crime shall be punishable by
incarceration in the custody of the Department of Corrections for a
term not to exceed two (2) years as provided for in subsections B
through F of Section 20P of this title.

B. If the offense under this section involves the intentional
sale of five or more unlawful telecommunication devices within a
six-month period, the person committing the offense, upon
conviction, shall be guilty of a Schedule E Class D1 felony, if the
offense occurs on or after the effective date of Section 20.1 of
this title. If the offense occurs before the effective date of
Section 20.1 of this title, the crime shall be punishable by
incarceration in the custody of the Department of Corrections for a
term not to exceed five (5) years as provided for in subsections B
through F of Section 20N of this title.

SECTION 463. AMENDATORY 21 O.S. 2021, Section 1874, is
amended to read as follows:

Section 1874. A. Any person who intentionally manufacturers
manufactures an unlawful telecommunication device shall, upon
conviction, be guilty of a Schedule F Class D3 felony, if the
offense occurs on or after the effective date of Section 20.1 of
this title. If the offense occurs before the effective date of
Section 20.1 of this title, the crime shall be punishable by
incarceration in the custody of the Department of Corrections for a
term not to exceed two (2) years as provided for in subsections B
through F of Section 20P of this title.

B. If the offense under this section involves the intentional
manufacture of five or more unlawful telecommunication devices
within a six-month period, the person committing the offense shall,
upon conviction, be guilty of a Schedule E Class D1 felony, if the
offense occurs on or after the effective date of Section 20.1 of
this title. If the offense occurs before the effective date of
Section 20.1 of this title, the crime shall be punishable by
incarceration in the custody of the Department of Corrections for a
term not to exceed five (5) years as provided for in subsections B
through F of Section 20N of this title.

ENR. H. B. NO. 2104 Page 443
SECTION 464. AMENDATORY 21 O.S. 2021, Section 1904, is
amended to read as follows:

Section 1904. It shall be unlawful to remove any baggage, cargo
or other item transported upon a bus or stored in a terminal without
consent of the owner of such property or the company, or its duly
authorized representative. Any person violating this section shall
be guilty of a Class D1 felony offense and, upon conviction, shall
be punished by a fine of not more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the custody of the Department of
Corrections for not more than five (5) years as provided for in
subsections B through F of Section 20N of this title, or by both
such fine and imprisonment.

The actual value of an item removed in violation of this section
shall not be material to the crime herein defined.

SECTION 465. AMENDATORY 21 O.S. 2021, Section 1958, is
amended to read as follows:

Section 1958. No person shall communicate with, store data in,
or retrieve data from a computer system or computer network for the
purpose of using such access to violate any of the provisions of the
Oklahoma Statutes.

Any person convicted of violating the provisions of this section
shall be guilty of a Class D1 felony offense punishable by
imprisonment in the State Penitentiary for a term of not more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or by a fine of not more than Five Thousand
Dollars ($5,000.00), or by both such imprisonment and fine.

SECTION 466. AMENDATORY 21 O.S. 2021, Section 1976, is
amended to read as follows:

Section 1976. A. It shall be unlawful for any person to
knowingly reproduce for sale any sound recording produced without
the written consent of the owner of the original recording,
provided, however, that this section shall only apply to sound
recordings initially fixed prior to February 15, 1972, and shall not
apply to motion pictures or other audiovisual works.

B. A violation of this section involving less than one hundred
articles shall constitute a misdemeanor, and shall, upon conviction,
ENR. H. B. NO. 2104 Page 444
be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00).

C. A violation of this section involving one hundred or more
articles shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed Fifty Thousand
Dollars ($50,000.00), or by imprisonment in the State Penitentiary
for a term not to exceed five (5) years as provided for in
subsections B through F of Section 20N of this title, or both such
fine and imprisonment.

D. A second or subsequent conviction for a violation of this
section shall constitute a Class D1 felony offense and shall, upon
conviction, be punishable by a fine not to exceed One Hundred
Thousand Dollars ($100,000.00), or by imprisonment in the State
Penitentiary for a term not less than two (2) years nor more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or both such fine and imprisonment.

SECTION 467. AMENDATORY 21 O.S. 2021, Section 1977, is
amended to read as follows:

Section 1977. A. It shall be unlawful for any person to
knowingly sell or offer for sale any sound recording that has been
produced or reproduced in violation of the provisions of Sections
1975 through 1981 of this title, knowing, or having reasonable
grounds to know, that the sounds or images thereon have been
produced or reproduced without the consent of the owner.

B. A violation of this section involving less than one hundred
articles shall constitute a misdemeanor, and shall, upon conviction,
be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00).

C. A violation of this section involving one hundred or more
articles shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed Fifty Thousand
Dollars ($50,000.00), or by imprisonment in the State Penitentiary
for a term not more than five (5) years as provided for in
subsections B through F of Section 20N of this title, or both such
fine and imprisonment.

D. A second or subsequent conviction for a violation of this
section shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed One Hundred
ENR. H. B. NO. 2104 Page 445
Thousand Dollars ($100,000.00), or by imprisonment in the State
Penitentiary for a term not less than two (2) years nor more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or both such fine and imprisonment.

SECTION 468. AMENDATORY 21 O.S. 2021, Section 1978, is
amended to read as follows:

Section 1978. A. It shall be unlawful for any person to
knowingly and without the written consent of the owner, transfer or
cause to be transferred to any article or sound recording or
otherwise reproduce for sale, any performance, whether live before
an audience or transmitted by wire or through the air by radio or
television, with the intent to sell or cause to be sold for profit
or used to promote the sale of any article or product.

B. A violation of this section involving less than one hundred
articles shall constitute a misdemeanor, and shall, upon conviction,
be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00).

C. A violation of this section involving one hundred or more
articles shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed Fifty Thousand
Dollars ($50,000.00), or by imprisonment in the State Penitentiary
for a term not more than five (5) years as provided for in
subsections B through F of Section 20N of this title, or both such
fine and imprisonment.

D. A second or subsequent conviction for a violation of this
section shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed One Hundred
Thousand Dollars ($100,000.00) or by imprisonment in the State
Penitentiary for a term not less than two (2) years nor more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or both such fine and imprisonment.

SECTION 469. AMENDATORY 21 O.S. 2021, Section 1979, is
amended to read as follows:

Section 1979. A. It shall be unlawful for any person to
advertise, or offer for rental, sale, resale, distribution or
circulation, or rent, sell, resell, distribute or circulate, or
cause to be sold, resold, distributed or circulated, or possess for
such purposes any article, which does not clearly and conspicuously
ENR. H. B. NO. 2104 Page 446
display thereon in clearly readable print the actual true name and
address of the manufacturer thereof.

B. A violation of this section involving less than seven
articles upon which motion pictures or other audiovisual works are
recorded or less than one hundred other articles or sound
recordings, shall constitute a misdemeanor, and shall, upon
conviction, be punishable by a fine not to exceed Five Thousand
Dollars ($5,000.00).

C. A violation of this section involving seven or more articles
upon which motion pictures or other audiovisual works are recorded
or one hundred or more other articles or sound recordings, shall
constitute a Class D1 felony offense, and shall, upon conviction, be
punishable by a fine not to exceed Fifty Thousand Dollars
($50,000.00), or by imprisonment in the State Penitentiary for a
term not more than five (5) years as provided for in subsections B
through F of Section 20N of this title, or both such fine and
imprisonment.

D. A second or subsequent conviction for a violation of this
section shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed One Hundred
Thousand Dollars ($100,000.00) or by imprisonment in the State
Penitentiary for a term not less than two (2) years nor more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or both such fine and imprisonment.

SECTION 470. AMENDATORY 21 O.S. 2021, Section 1980, is
amended to read as follows:

Section 1980. A. It shall be unlawful for any person to make,
manufacture, sell, distribute, offer for sale, issue or place in
circulation or knowingly have in his possession for purposes of
commercial advantage or private financial gain, a counterfeit label
affixed or designed to be affixed to a phonorecord, a copy of a
motion picture or other audiovisual work, recording or article.

B. A violation of this section involving less than seven
articles upon which motion pictures or other audiovisual works are
recorded or less than one hundred other articles or sound
recordings, shall constitute a misdemeanor, and shall, upon
conviction, be punishable by a fine not to exceed Five Thousand
Dollars ($5,000.00).

ENR. H. B. NO. 2104 Page 447
C. A violation of this section involving seven or more articles
upon which motion pictures or other audiovisual works are recorded
or one hundred or more other articles or sound recordings, shall
constitute a Class D1 felony offense, and shall, upon conviction, be
punishable by a fine not to exceed Fifty Thousand Dollars
($50,000.00), or by imprisonment in the State Penitentiary for a
term not more than five (5) years as provided for in subsections B
through F of Section 20N of this title, or both such fine and
imprisonment.

D. A second or subsequent conviction for a violation of this
section shall constitute a Class D1 felony offense, and shall, upon
conviction, be punishable by a fine not to exceed One Hundred
Thousand Dollars ($100,000.00), or by imprisonment in the State
Penitentiary for a term not less than two (2) years nor more than
five (5) years as provided for in subsections B through F of Section
20N of this title, or both such fine and imprisonment.

SECTION 471. AMENDATORY 21 O.S. 2021, Section 1990.2, is
amended to read as follows:

Section 1990.2. A. Except as provided in subsections B and C
of this section, a person who knowingly and with intent to sell or
distribute, uses, displays, advertises, distributes, offers for
sale, sells or possesses any item that bears a counterfeit mark or
any service that is identified by a counterfeit mark shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail not exceeding one (1) year, or by a fine not
exceeding One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.

B. Any person who commits any prohibited act proscribed in
subsection A of this section shall, upon conviction, be guilty of a
Schedule G Class D1 felony offense punishable by imprisonment as
provided in the state’s sentencing matrix for in subsections B
through F of Section 20N of this title, or by a fine of not more
than the retail value of such items or services, or both such fine
and imprisonment, if either:

1. The person has one previous conviction under any provision
of this section; or

2. At least one of the following exists:

ENR. H. B. NO. 2104 Page 448
a. the violation involves more than one hundred but fewer
than one thousand items that bear the counterfeit
mark, or

b. the total retail value of all of the items or services
that bear or are identified by the counterfeit mark is
more than One Thousand Dollars ($1,000.00) but less
than Ten Thousand Dollars ($10,000.00).

C. Any person who knowingly manufactures or produces with
intent to sell or distribute any item that bears a counterfeit mark
or any service that is identified by a counterfeit mark shall, upon
conviction, be guilty of a Schedule F Class D1 felony offense
punishable by imprisonment as provided in the state’s sentencing
matrix for in subsections B through F of Section 20N of this title,
or by a fine not exceeding three times the retail value of such
items or services, or by both such fine and imprisonment.

D. Any person who commits any prohibited act proscribed by
subsection A of this section shall, upon conviction, be guilty of a
Schedule E Class D1 felony offense punishable by imprisonment as
provided in the state’s sentencing matrix for in subsections B
through F of Section 20N of this title, or by a fine not exceeding
three times the retail value of such items or services, or by both
such fine and imprisonment if either:

1. The person has two or more previous convictions under this
section; or

2. At least one of the following exists:

a. the violation involves at least one thousand items
that bear the counterfeit mark, or

b. the total retail value of all of the items or services
that bear or are identified by the counterfeit mark is
at least Ten Thousand Dollars ($10,000.00).

E. For purposes of this section, any person who knowingly has
possession, custody or control of at least twenty-six items that
bear a counterfeit mark is presumed to possess the items with intent
to sell or distribute the items.

F. In any criminal proceeding in which a person is convicted of
a violation of any provision of this section, the court may order
ENR. H. B. NO. 2104 Page 449
the convicted person to pay restitution to the intellectual property
owner in addition to any other provision allowed by law.

G. The investigating law enforcement officer may seize any item
that bears a counterfeit mark and all other personal property that
is employed or used in connection with a violation of this section,
including any items, objects, tools, machines, equipment,
instrumentalities or vehicles. All personal property seized
pursuant to this section shall be subject to forfeiture according to
Section 1738 of Title 21 of the Oklahoma Statutes this title.

H. After a forfeiture has been ordered by the district court, a
law enforcement officer shall destroy all seized items that bear a
counterfeit mark; however, if the counterfeit mark is removed from
the seized items, the intellectual property owner may recommend to
the court that the seized items be donated to a charitable
organization.

I. Any certificate of registration of any intellectual property
pursuant to state or federal law is prima facie evidence of the
facts stated in the certificate of registration and may be used at
trial.

J. In addition to other remedies allowed by law, an
intellectual property owner who sustains a loss as a result of any
violation of this section may file a civil action against the
defendant for recovery of up to treble damages and the costs of the
suit including reasonable attorney fees.

K. The remedies provided in this section are cumulative to all
other civil and criminal remedies provided by law.

L. For the purposes of this section, the quantity or retail
value of items or services includes the aggregate quantity or retail
value of all items that the defendant manufactures, uses, displays,
advertises, distributes, offers for sale, sells or possesses and
that bear a counterfeit mark or that are identified by a counterfeit
mark.

SECTION 472. AMENDATORY 21 O.S. 2021, Section 1993, is
amended to read as follows:

Section 1993. A. It shall be unlawful for any unauthorized
person to refocus, reposition, cover, manipulate, disconnect, or
otherwise tamper with or disable a security or surveillance camera
ENR. H. B. NO. 2104 Page 450
or security system. Any person violating the provisions of this
subsection shall be guilty, upon conviction, of a misdemeanor
punishable by a fine of not more than Five Thousand Dollars
($5,000.00).

B. It shall be unlawful for any person to use, refocus,
reposition, cover, manipulate, disconnect, or otherwise tamper with
or disable a security or surveillance camera or security system for
the purpose of avoiding detection when committing, attempting to
commit, or aiding another person to commit or attempt to commit any
misdemeanor. Any person violating the provisions of this section
shall be guilty, upon conviction, of a misdemeanor punishable by
imprisonment for not more than one year in the county jail, or a
fine of not more than Five Thousand Dollars ($5,000.00), or by both
such imprisonment and fine.

C. It shall be unlawful for any person to use, refocus,
reposition, cover, manipulate, disconnect, or otherwise tamper with
or disable a security or surveillance camera or security system for
the purpose of avoiding detection when committing, attempting to
commit, or aiding another person to commit or attempt to commit any
felony. Any person violating the provisions of this section shall
be guilty, upon conviction, of a Class D1 felony offense, punishable
by imprisonment for not more than five (5) years as provided for in
subsections B through F of Section 20N of this title, or a fine of
not more than Ten Thousand Dollars ($10,000.00), or by both such
imprisonment and fine.

SECTION 473. AMENDATORY 21 O.S. 2021, Section 2100.1, is
amended to read as follows:

Section 2100.1. Any sex offender required to be registered
pursuant to the Oklahoma Sex Offenders Registration Act who engages
in ice cream truck vending, whether or not licensed in this state as
a mobile food unit, shall be, upon conviction, be guilty of a Class
D1 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for a term up to two and
one-half (2 1/2) years as provided for in subsections B through F of
Section 20N of this title, or by a fine in an amount not exceeding
One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment. A sheriff or police officer may arrest without a
warrant any person who the officer has probable cause to believe has
violated the provisions of this section.

ENR. H. B. NO. 2104 Page 451
SECTION 474. AMENDATORY 22 O.S. 2021, Section 60.6, is
amended to read as follows:

Section 60.6. A. Except as otherwise provided by this section,
any person who:

1. Has been served with an emergency temporary, ex parte or
final protective order or foreign protective order and is in
violation of such protective order, upon conviction, shall be guilty
of a misdemeanor and shall be punished by a fine of not more than
One Thousand Dollars ($1,000.00) or by a term of imprisonment in the
county jail of not more than one (1) year, or by both such fine and
imprisonment; and

2. After a previous conviction of a violation of a protective
order, is convicted of a second or subsequent offense pursuant to
the provisions of this section shall, upon conviction, be guilty of
a Class D1 felony offense and shall be punished by a term of
imprisonment in the custody of the Department of Corrections for not
less than one (1) year nor more than three (3) years as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or by a fine of not less than Two Thousand
Dollars ($2,000.00) nor more than Ten Thousand Dollars ($10,000.00),
or by both such fine and imprisonment.

B. 1. Any person who has been served with an emergency
temporary, ex parte or final protective order or foreign protective
order who violates the protective order and causes physical injury
or physical impairment to the plaintiff or to any other person named
in said protective order shall, upon conviction, be guilty of a
misdemeanor and shall be punished by a term of imprisonment in the
county jail for not less than twenty (20) days nor more than one (1)
year. In addition to the term of imprisonment, the person may be
punished by a fine not to exceed Five Thousand Dollars ($5,000.00).

2. Any person who is convicted of a second or subsequent
violation of a protective order which causes physical injury or
physical impairment to a plaintiff or to any other person named in
the protective order shall be guilty of a Class D1 felony offense
and shall be punished by a term of imprisonment in the custody of
the Department of Corrections of not less than one (1) year nor more
than five (5) years, or by a fine of not less than Three Thousand
Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00),
or by both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 452
3. In determining the term of imprisonment required by this
section, the jury or sentencing judge shall consider the degree of
physical injury or physical impairment to the victim.

4. The provisions of this subsection shall not affect the
applicability of Sections 644, 645, 647 and 652 of Title 21 of the
Oklahoma Statutes.

C. The minimum sentence of imprisonment issued pursuant to the
provisions of paragraph 2 of subsection A and paragraph 2 of
subsection B of this section shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation,
provided the court may subject any remaining penalty under the
jurisdiction of the court to the statutory provisions for suspended
sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section,
the court shall require a defendant to undergo the treatment or
participate in the counseling services necessary to bring about the
cessation of domestic abuse against the victim or to bring about the
cessation of stalking or harassment of the victim. For every
conviction of violation of a protective order:

1. The court shall specifically order as a condition of a
suspended sentence or probation that a defendant participate in
counseling or undergo treatment to bring about the cessation of
domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate
in counseling or undergo treatment for domestic abuse
by an individual licensed practitioner or a domestic
abuse treatment program certified by the Attorney
General. If the defendant is ordered to participate
in a domestic abuse counseling or treatment program,
the order shall require the defendant to attend the
program for a minimum of fifty-two (52) weeks,
complete the program, and be evaluated before and
after attendance of the program by a program counselor
or a private counselor.

b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
ENR. H. B. NO. 2104 Page 453
specifically for the treatment of domestic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic violence treatment
program or licensed professional determines that the
defendant does not evaluate as a perpetrator of
domestic violence or does evaluate as a perpetrator of
domestic violence and should complete other programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limited to
programs related to the mental health, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ordered to
complete the counseling as per the recommendations of
the domestic violence treatment program or licensed
professional;

3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements.

b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and the domestic
abuse counseling or treatment requirements. The court
may suspend sentencing of the defendant until the
defendant has presented proof to the court of
enrollment in a program of treatment for domestic
abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the defendant is ordered to
such counseling or treatment. At such time, the court
may complete sentencing, beginning the period of the
sentence from the date that proof of enrollment is
presented to the court, and schedule reviews as
required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection. The court
ENR. H. B. NO. 2104 Page 454
shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;

4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, treatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of this title and subject the defendant to any or all
remaining portions of the original sentence;

6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and

7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1-8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.

E. Emergency temporary, ex parte and final protective orders
shall include notice of these penalties.

F. When a minor child violates the provisions of any protective
order, the violation shall be heard in a juvenile proceeding and the
court may order the child and the parent or parents of the child to
participate in family counseling services necessary to bring about
the cessation of domestic abuse against the victim and may order
community service hours to be performed in lieu of any fine or
imprisonment authorized by this section.
ENR. H. B. NO. 2104 Page 455

G. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by
the Attorney General;

2. Attend counseling or treatment services ordered as part of
any final protective order or for any violation of a protective
order; and

3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers certified by
the Attorney General.

H. At no time, under any proceeding, may a person protected by
a protective order be held to be in violation of that protective
order. Only a defendant against whom a protective order has been
issued may be held to have violated the order.

I. In addition to any other penalty specified by this section,
the court may order a defendant to use an active, real-time, twenty-
four-hour Global Positioning System (GPS) monitoring device as a
condition of a sentence. The court may further order the defendant
to pay costs and expenses related to the GPS device and monitoring.

SECTION 475. AMENDATORY 22 O.S. 2021, Section 1263, is
amended to read as follows:

Section 1263. Any officer who shall sell, barter, give away, or
otherwise dispose of any whiskey or any intoxicating liquor,
including beer, so seized by order of the court, shall be guilty of
a Class D1 felony offense. A violation of any provision of this
section shall be punished by a fine of not less than Fifty Dollars
($50.00), nor more than Two Thousand Dollars ($2,000.00), and
imprisonment of not less than thirty (30) days in jail, nor more
than five (5) years in the State Penitentiary.

SECTION 476. AMENDATORY 22 O.S. 2021, Section 1264, is
amended to read as follows:

Section 1264. Any officer willfully making a false affidavit,
as provided in Section 1261 of this title, shall be guilty of the
felony of perjury, a Class D1 felony offense, and, upon conviction
ENR. H. B. NO. 2104 Page 456
therefor, shall be imprisoned in the State Penitentiary not less
than two (2) years nor more than five (5) years for each offense as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

SECTION 477. AMENDATORY 26 O.S. 2021, Section 9-118, is
amended to read as follows:

Section 9-118. Any person who defaces a voting device, breaks,
tampers with, impairs, impedes or otherwise interferes with the
maintenance, adjustment, delivery, use or operation of any voting
device or part thereof shall be guilty of a Class D1 felony offense
and shall be punished by imprisonment as provided for in subsections
B through F of Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 478. AMENDATORY 26 O.S. 2021, Section 16-101, is
amended to read as follows:

Section 16-101. Any person deemed guilty of a Class D1 felony
offense under the provisions of this act shall, upon conviction, be
confined in the State Penitentiary for not more than five (5) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or fined not more than Fifty Thousand
Dollars ($50,000.00), or both.

SECTION 479. AMENDATORY 26 O.S. 2021, Section 16-102, is
amended to read as follows:

Section 16-102. Any person who votes more than once at any
election, who votes in a precinct after having transferred voter
registration to a new precinct, or who, knowing that he or she is
not eligible to vote at an election, willfully votes at said
election shall be deemed guilty of a Class D1 felony offense. Any
voter covered by Section 14-116 of this title who willingly votes
and submits an absentee ballot pursuant to Section 14-104.1 of this
title later than the day of the election shall be deemed guilty of a
Class D1 felony offense. Any person who knowingly votes and submits
an absentee ballot issued to another person shall be deemed guilty
of a Class D1 felony offense.

SECTION 480. AMENDATORY 26 O.S. 2021, Section 16-102.1,
is amended to read as follows:

ENR. H. B. NO. 2104 Page 457
Section 16-102.1. Any unauthorized person who knowingly removes
a ballot from a polling place or who knowingly carries a ballot into
a polling place shall be deemed guilty of a Class D1 felony offense.

SECTION 481. AMENDATORY 26 O.S. 2021, Section 16-102.2,
is amended to read as follows:

Section 16-102.2. Any person who knowingly executes a false
application for an absentee ballot shall be deemed guilty of a Class
D1 felony offense.

SECTION 482. AMENDATORY 26 O.S. 2021, Section 16-103, is
amended to read as follows:

Section 16-103. Any person who knowingly swears or affirms a
false affidavit in order to become eligible to vote, to obtain and
vote a provisional ballot, to obtain and vote an absentee ballot, or
to cause the cancellation of a qualified elector’s voter
registration, shall be deemed guilty of a Class D1 felony offense.

SECTION 483. AMENDATORY 26 O.S. 2021, Section 16-103.1,
is amended to read as follows:

Section 16-103.1. Any person who knowingly causes any qualified
elector to be invalidly registered or anyone who knowingly causes
any unqualified person to be registered shall be deemed guilty of a
Class D1 felony offense. Any person who knowingly causes the
collection or submission of voter registration forms containing
false, fraudulent or fictitious information shall be deemed guilty
of a Class D1 felony offense.

SECTION 484. AMENDATORY 26 O.S. 2021, Section 16-104, is
amended to read as follows:

Section 16-104. Any person, notary public or other official
authorized to administer oaths who notarizes, verifies, acknowledges
or attests to the signature on the affidavit of an absent voter or
on the attestation of an incapacitated voter, without the person
whose affidavit or attestation is being taken actually appearing in
person before said person, notary public or official authorized to
administer oaths, shall be deemed guilty of a Class D1 felony
offense.

SECTION 485. AMENDATORY 26 O.S. 2021, Section 16-105, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 458

Section 16-105. A. Any person who knowingly conspires to
commit fraud or perpetrates fraud, or who steals supplies used to
conduct an election, in order to change a voter's vote, or to change
the composition of the official ballot or ballots, or to change the
counting of the ballots, or to change the certification of the
results of an election, shall be deemed guilty of a Class D1 felony
offense.

B. At every precinct there shall be posted information,
provided by the State Election Board, which states the penalties for
voter fraud and states that, if voter fraud is suspected, complaints
should be reported to the State Election Board.

C. The State Election Board shall, upon receiving the
complaint:

1. Document such complaint and request the name and mailing
address of the person making the complaint;

2. Send a letter to the person making the complaint, stating
the penalties for voter fraud and the option of contacting the
district attorney in the county where such fraud is suspected; and

3. Provide the district attorney’s name and phone number.

D. All information relating to voter complaints shall remain
confidential until after the complaint has resulted in a conviction
or a plea of guilty or nolo contendere.

SECTION 486. AMENDATORY 26 O.S. 2021, Section 16-106, is
amended to read as follows:

Section 16-106. Any person who offers, solicits or accepts
something of value intended to directly or indirectly influence the
vote of the person soliciting or accepting same shall be deemed
guilty of a Class D1 felony offense; provided, the gifting of an
envelope, stamp, or both an envelope and stamp for the purpose of
mailing in a ballot shall not be considered something of value.

SECTION 487. AMENDATORY 26 O.S. 2021, Section 16-107, is
amended to read as follows:

Section 16-107. Any person who shall offer or give to another
anything of value to induce or cause such other person to withdraw
ENR. H. B. NO. 2104 Page 459
from a political contest as a candidate or nominee at any election
shall be deemed guilty of a Class D1 felony offense.

SECTION 488. AMENDATORY 26 O.S. 2021, Section 16-108, is
amended to read as follows:

Section 16-108. Any person who shall solicit or accept from
another anything of value for withdrawing from any political contest
as a candidate or nominee for any office at any election shall be
deemed guilty of a Class D1 felony offense.

SECTION 489. AMENDATORY 26 O.S. 2021, Section 16-109, as
amended by Section 3, Chapter 147, O.S.L. 2023 (26 O.S. Supp. 2024,
Section 16-109), is amended to read as follows:

Section 16-109. A. Any person who, by means of coercion,
providing false or misleading information or any other method,
knowingly attempts to prevent a qualified elector from becoming
registered, or a registered voter from voting, shall be deemed
guilty of a Class D1 felony offense.

B. Any person who, directly or indirectly, utters or addresses
any threat or intimidation to any election official with intent to
improperly influence an election shall be deemed guilty of a
misdemeanor punishable by a fine not to exceed One Thousand Dollars
($1,000.00) or by imprisonment in the county jail for a term not to
exceed six (6) months, or by both such fine and imprisonment.

SECTION 490. AMENDATORY 26 O.S. 2021, Section 16-120, is
amended to read as follows:

Section 16-120. Any person who causes to be printed, or who has
in his or her possession ballots or blank or fraudulent voter
identification cards not authorized by law shall be deemed guilty of
a Class D1 felony offense.

SECTION 491. AMENDATORY 27A O.S. 2021, Section 2-7-109,
is amended to read as follows:

Section 2-7-109. A. In order to protect the public health and
safety and the environment of this state, the Department, pursuant
to the Oklahoma Hazardous Waste Management Act, shall not issue,
renew, or transfer a permit for a hazardous waste facility for
treatment, storage, recycling or disposal to any person who:

ENR. H. B. NO. 2104 Page 460
1. Is not in substantial compliance with a final agency order
or any final order or judgment of a court of record secured by any
state or federal agency relating to the generation, storage,
transportation, treatment, recycling or disposal of "hazardous
waste", as such term is defined by the Oklahoma Hazardous Waste
Management Act, or by the United States Environmental Protection
Agency pursuant to the federal Resource Conservation and Recovery
Act;

2. Has evidenced a reckless disregard for the protection of the
public and the environment as demonstrated by a history of
noncompliance with environmental laws and rules resulting in
endangerment of human health or the environment; or

3. Has as an affiliated person any person who is described by
paragraph 1 or 2 of this subsection.

B. 1. Except as provided in paragraph 2 of this subsection,
all applicants for the issuance, renewal or transfer of any
hazardous waste permit, license, certification or operational
authority issued by the Department shall file a disclosure statement
with their applications.

2. If the applicant is a publicly held company required to file
periodic reports under the Securities and Exchange Act of 1934, or a
wholly owned subsidiary of a publicly held company, the applicant
shall not be required to submit a disclosure statement, but shall
submit the most recent annual and quarterly reports required by the
Securities and Exchange Commission, which provide information
regarding legal proceedings in which the applicant has been
involved. The applicant shall submit such other relevant
information as the Department may require that relates to the
competency, reliability, or responsibility of the applicant and
affiliated persons.

C. The Department is authorized to revoke, or to refuse to
issue, to renew, or to transfer a permit for a hazardous waste
facility for treatment, storage, recycling or disposal to any person
who:

1. Is not, due solely to the actions or inactions of the
applicant or affiliated person, in substantial compliance with any
final agency order or final order or judgment of a court of record
secured by the Department issued pursuant to the provisions of the
Oklahoma Hazardous Waste Management Act;
ENR. H. B. NO. 2104 Page 461

2. Is not, due solely to the actions or inactions of the
applicant or affiliated person, in substantial compliance with any
final agency order or final order or judgment of a court of record
secured by any state or federal agency, as determined by that
agency, relating to the generation, storage, transportation,
treatment, recycling or disposal of any "hazardous waste", as such
term is defined by the Oklahoma Hazardous Waste Management Act, or
by the United States Environmental Protection Agency pursuant to the
federal Resource Conservation and Recovery Act;

3. Has evidenced a history of a reckless disregard for the
protection of the public health and safety or the environment
through a history of noncompliance with state or federal
environmental laws, including without limitation the rules of the
Department or the United States Environmental Protection Agency
regarding the generation, storage, transportation, treatment,
recycling or disposal of any "hazardous waste", as such term is
defined by the Oklahoma Hazardous Waste Management Act, or by the
United States Environmental Protection Agency pursuant to the
federal Resource Conservation and Recovery Act; or

4. Has as an affiliated person any person who is described by
paragraphs 1, 2 or 3 of this subsection.

D. 1. An application for a permit for a hazardous waste
facility for treatment, storage, recycling or disposal or a renewal
thereof shall be signed under oath by the applicant.

2. The Department may refuse to renew, or may suspend or
revoke, a permit issued pursuant to the Oklahoma Hazardous Waste
Management Act for a hazardous waste facility for treatment,
storage, recycling or disposal to any person who has failed to
disclose or states falsely any information required pursuant to the
provisions of this section. Any person who willfully fails to
disclose or states falsely any such information, upon conviction,
shall be guilty of a Class D1 felony offense and may be punished by
imprisonment for not more than five (5) years or fined not more than
One Hundred Thousand Dollars ($100,000.00), or both such fine and
imprisonment.

E. Noncompliance with a final agency order or final order or
judgment of a court of record which has been set aside by a court on
appeal of such final order or judgment shall not be considered a
final order or judgment for the purposes of this section.
ENR. H. B. NO. 2104 Page 462

F. The Board shall promulgate rules pursuant to the
Administrative Procedures Act as may be necessary and appropriate to
implement the provisions of this section.

G. The provisions of this section shall apply to:

1. Any pending or future application for a permit for land
disposal or treatment of hazardous waste, except treatment at a
facility accepting hazardous waste exclusively for the purpose of
conducting research and design tests; and

2. Any application for a permit for hazardous waste treatment,
storage, recycling or disposal which is initially submitted to the
Department after July 31, 1992, or which has not been determined by
the Department to be technically complete by December 31, 1993,
regardless of the initial submittal date.

SECTION 492. AMENDATORY 27A O.S. 2021, Section 2-10-302,
is amended to read as follows:

Section 2-10-302. A. 1. Except as provided in paragraph 2 of
this subsection, all applicants for the issuance or transfer of any
solid waste permit, license, certification or operational authority
shall file a disclosure statement with their applications.

2. If the applicant is a publicly held company required to file
periodic reports under the Securities and Exchange Act of 1934, or a
wholly owned subsidiary of a publicly held company, the applicant
shall not be required to submit a disclosure statement, but shall
submit the most recent annual and quarterly reports required by the
Securities and Exchange Commission, which provide information
regarding legal proceedings in which the applicant has been
involved. The applicant shall submit such other information as the
Department of Environmental Quality may require pursuant to this
section that relates to the competency, reliability, or
responsibility of the applicant and affiliated persons.

B. The Department is authorized to revoke or to refuse to
issue, amend, modify, renew or transfer a permit for the disposal of
solid waste from or to any person or an affiliated person who:

1. Is not, due solely to the applicant's actions or inactions,
in substantial compliance with any final agency order or final order
or judgment of a court of record secured by the Department issued
ENR. H. B. NO. 2104 Page 463
pursuant to the provisions of the Oklahoma Solid Waste Management
Act; or

2. Is not in substantial compliance with any final agency order
or final order or judgment of a court of record secured by any state
or federal agency, as determined by that agency, relating to the
storage, transfer, transportation, treatment or disposal of any
solid waste; or

3. Has evidenced a history of a reckless disregard for the
protection of the public health and safety or the environment
through a history of noncompliance with state or federal
environmental laws, including without limitation the rules of the
Department, regarding the storage, transfer, transportation,
treatment or disposal of any solid or hazardous waste.

C. The application shall be signed under oath by the applicant.

D. The Department may suspend or revoke a permit issued
pursuant to the Oklahoma Solid Waste Management Act to any person
who has failed to disclose or states falsely any information
required pursuant to the provisions of this section.

E. Any person who willfully fails to disclose or states falsely
any such information, upon conviction, shall be guilty of a Class D1
felony offense and may shall be punished by imprisonment for not
more than five (5) years as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes, or a fine of
not more than One Hundred Thousand Dollars ($100,000.00), or both
such fine and imprisonment.

F. Noncompliance with a final agency order or final order or
judgment of a court of record which has been set aside by a court on
appeal of such final order or judgment shall not be considered a
final order or judgment for the purposes of this section.

SECTION 493. AMENDATORY 27A O.S. 2021, Section 2-10-801,
is amended to read as follows:

Section 2-10-801. A. In order to protect public health and
preserve the expectation of future disposal capability of areas
local to a disposal site, except as otherwise provided by this
section, no disposal site shall accept more than two hundred (200)
tons per day of solid waste generated more than fifty (50) miles
from the disposal site unless a permit application for a new
ENR. H. B. NO. 2104 Page 464
disposal site is submitted and approved by the Department for such
waste.

The waste generated within the fifty-mile local area shall not
be considered in calculating the two-hundred-ton limit.

B. New and existing landfills, incinerators, or other sites
designed, constructed and operated in accordance with the most
environmentally protective solid waste regulations adopted by the
Board shall be subject to neither the two-hundred-ton nor the
fifty-mile limit.

C. The Department may grant a temporary waiver to the limit
specified in this section in the event of an emergency. Any such
waiver so granted may be conditioned on development of additional
capacity in the area where the waste is generated.

D. Before any disposal site accepts for disposal any solid
waste generated outside the territorial limits of this state in
excess of two hundred (200) tons per day:

1. The operator of the disposal site shall submit to the
Department for approval a disposal plan prepared by either the
generator or shipper as set out in the rules promulgated by the
Board. Such plans as a minimum shall indicate the type and amount
of solid waste generated, the handling, storage, treatment, disposal
method and the disposal site to be used. The disposal plans shall
be kept current by the persons submitting the original disposal
plans and the Department shall be advised not less than five (5)
working days prior to the day on which such changes are to be
implemented.

Persons storing or shipping recyclable materials in an
environmentally acceptable manner for the purpose of recycling shall
be required to file disposal plans required by this subsection only
for those wastes which are to be disposed.

2. The disposal site shall be designed, constructed and
operated in accordance with the most environmentally protective
solid waste rules promulgated by the Board. For landfills, the most
environmentally protective solid waste regulations shall be any of
those regulations promulgated by the Board for the largest
population category and which include leachate collection in the
landfill design, and which were effective when the application for
disposal plan approval was filed with the Department.
ENR. H. B. NO. 2104 Page 465

E. Operators of solid waste disposal sites shall reject
shipments of solid waste brought into this state which do not meet
all the applicable requirements of this section. All rejected solid
waste shall be taken out of state by the same persons who brought it
into this state in violation of the provisions of this section.

F. Fly ash and bottom ash generated by coal-fired facilities
located outside the territorial limits of this state in excess of
two hundred (200) tons per day shall be constructively reutilized or
disposed of only in an active or inactive mining operation subject
to the provisions contained in Title 45 of the Oklahoma Statutes.

G. Willful violation of this section shall constitute a Class
D1 felony offense punishable by a fine of not more than Ten Thousand
Dollars ($10,000.00), or imprisonment of not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or both such fine and
imprisonment.

SECTION 494. AMENDATORY 36 O.S. 2021, Section 311.1, is
amended to read as follows:

Section 311.1. A. Any insurer who files with the Insurance
Commissioner any statement required by this Code knowing such
statement to be fraudulent and materially false, upon conviction,
shall be guilty of a Class D1 felony offense, for which the
punishment shall be a fine of not to exceed Fifty Thousand Dollars
($50,000.00). Any officer, actuary, or employee of such insurer who
causes such statement to be filed, knowing the fraudulent and
materially false nature thereof, upon conviction, shall be guilty of
a Class D1 felony offense, for which the punishment for each
occurrence shall be a fine of not to exceed Twenty-five Thousand
Dollars ($25,000.00), or commitment to the custody of the Department
of Corrections for not less than one (1) year and not more than five
(5) years imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or both said fine
and commitment imprisonment, and shall never again be permitted to
act as an actuary, officer, or director of any insurer licensed to
do business in this state.

B. Any insurer who fails without reasonable cause and
permission of the Commissioner to timely file any statement required
by this Code shall be subject, after notice and opportunity for
hearing, to censure, suspension or revocation of certificate.
ENR. H. B. NO. 2104 Page 466
Annual statements filed after the first day of March without express
written advance permission of the Commissioner shall be accompanied
by a late filing fee in the amount of Two Hundred Fifty Dollars
($250.00) or One Hundred Dollars ($100.00) per day, whichever is
greater. Repeated willful violations, after notice and opportunity
for hearing, may subject the insurer to both censure, suspension, or
revocation of certificate and civil penalty of not less than One
Hundred Dollars ($100.00) nor more than Ten Thousand Dollars
($10,000.00) for each occurrence in addition to the late filing fee.

C. Prosecution or administrative action for any violation of
the provisions of this section shall be commenced within four (4)
years after the violation is discovered.

SECTION 495. AMENDATORY 36 O.S. 2021, Section 1435.26,
as amended by Section 6, Chapter 225, O.S.L. 2022 (36 O.S. Supp.
2024, Section 1435.26), is amended to read as follows:

Section 1435.26. A. It shall be unlawful for any person whose
license to act as an insurance producer, limited lines producer,
managing general agent, or surplus lines insurance broker has been
suspended, revoked, surrendered, or refused to do or perform any of
the acts of an insurance producer, limited lines producer, managing
general agent, or surplus lines insurance broker. Any person
convicted of violating the provisions of this section shall be
guilty of a Class D1 felony offense and shall be punished by the
imposition of a fine of not more than Five Thousand Dollars
($5,000.00), or shall be committed to the custody of the Department
of Corrections for not less than one (1) year nor more than five (5)
years imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or be punished by
both said fine and commitment to custody imprisonment.

B. It shall be unlawful for any insurance producer, limited
lines producer, managing general agent, or surplus lines insurance
broker to assist, aid, or conspire with a person whose license as an
insurance producer, limited lines producer, managing general agent,
or surplus lines insurance broker, has been suspended, revoked,
surrendered, or refused to engage in any acts as an insurance
producer, limited lines producer, managing general agent, or surplus
lines insurance broker. Any person convicted of violating the
provisions of this section shall be guilty of a Class D1 felony
offense and shall be punished by the imposition of a fine of not
more than Five Thousand Dollars ($5,000.00), or shall be committed
to the custody of the Department of Corrections for not less than
ENR. H. B. NO. 2104 Page 467
one (1) year nor more than five (5) years imprisonment as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or be punished by both said fine and commitment
to custody imprisonment.

C. Except for those persons exempt from licensure, it shall be
unlawful for any person to do or perform any of the acts of an
insurance producer, limited lines producer, managing general agent,
or surplus lines insurance broker without being duly licensed. Any
person convicted of violating the provisions of this section shall
be guilty of a misdemeanor and shall be punished by the imposition
of a fine of not more than Five Hundred Dollars ($500.00) or
imprisonment in the county jail for not less than six (6) months nor
more than one (1) year, or be punished by both said fine and
imprisonment.

SECTION 496. AMENDATORY 36 O.S. 2021, Section 1643, is
amended to read as follows:

Section 1643. A. Any insurer failing, without just cause, to
file any registration statement as required in this act shall be
required, after notice and hearing, to pay a penalty of Five Hundred
Dollars ($500.00) for each day's delay, to be recovered by the
Insurance Commissioner and the penalty so recovered shall be paid as
provided in Section 307.5 of Title 36 of the Oklahoma Statutes. The
maximum penalty under this section is One Hundred Thousand Dollars
($100,000.00). The Commissioner may reduce the penalty if the
insurer demonstrates to the Commissioner that the imposition of the
penalty would constitute a financial hardship to the insurer.

B. Every director or officer of an insurance holding company
system who knowingly violates, participates in or assents to, or who
knowingly shall permit any of the officers or agents of the insurer
to engage in, transactions or make investments which have not been
properly reported or submitted pursuant to subsection A of Section 5
of this act, paragraph 2 of subsection A of Section 6 of this act or
subsection B of Section 6 of this act, or which violate this act,
shall pay, in their individual capacity, a civil forfeiture of not
more than Twenty-five Thousand Dollars ($25,000.00) per violation,
after notice and hearing before the Commissioner. In determining
the amount of the civil forfeiture, the Commissioner shall take into
account the appropriateness of the forfeiture with respect to the
gravity of the violation, the history of previous violations, and
such other matters as justice may require.

ENR. H. B. NO. 2104 Page 468
C. Whenever it appears to the Commissioner that any insurer
subject to this act or any director, officer, employee or agent
thereof has engaged in any transaction or entered into a contract
which is subject to Section 6 of this act and which would not have
been approved had the approval been requested, the Commissioner may
order the insurer to cease and desist immediately any further
activity under that transaction or contract. After notice and
hearing the Commissioner may also order the insurer to void any
contracts and restore the status quo if the action is in the best
interest of the policyholders, creditors or the public.

D. Whenever it appears to the Commissioner that any insurer or
any director, officer, employee or agent thereof has committed a
willful violation of this act, the Commissioner may submit such
information to the district attorney for Oklahoma County for
appropriate action against the insurer or the responsible director,
officer, employee or agent thereof. Any insurer which willfully
violates this act may be fined not more than One Hundred Thousand
Dollars ($100,000.00). Any individual who willfully violates this
act may shall, upon conviction, be guilty of a Class D3 felony
offense and shall be fined in his or her individual capacity not
more than Fifty Thousand Dollars ($50,000.00), or be imprisoned for
not more than one (1) to three (3) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or both.

E. Any officer, director or employee of an insurance holding
company system who willfully and knowingly subscribes to or makes or
causes to be made any false statements or false reports or false
filings with the intent to deceive the Commissioner in the
performance of his or her duties under this act, upon conviction,
shall be guilty of a Class D1 felony offense and shall be imprisoned
for not more than five (5) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or
fined One Hundred Fifty Thousand Dollars ($150,000.00), or both.
Any fines imposed shall be paid by the officer, director or employee
in his or her individual capacity.

F. Whenever it appears to the Commissioner that any person has
committed a violation of Section 3 of this act which prevents the
full understanding of the enterprise risk to the insurer by
affiliates or by the insurance holding company system, the violation
may serve as an independent basis for disapproving dividends or
distributions and for placing the insurer under an order of
ENR. H. B. NO. 2104 Page 469
supervision in accordance with Article 18 of Title 36 of the
Oklahoma Statutes.

SECTION 497. AMENDATORY 36 O.S. 2021, Section 6130, is
amended to read as follows:

Section 6130. A. Any officer, director, agent, or employee of
any organization subject to the terms of Sections 6121 through
6136.18 of this title who makes or attempts to make any contract in
violation of the provisions of Sections 6121 through 6136.18 of this
title, or who refuses to allow an inspection of the records of the
organization, or who violates any other provision of Sections 6121
through 6136.18 of this title, upon conviction, shall be guilty of a
Class D1 felony offense and shall be punished by imprisonment in the
custody of the Department of Corrections for a term of not more than
ten (10) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, and a fine not exceeding
Ten Thousand Dollars ($10,000.00), and ordered to pay restitution to
the victim. Each violation of any provision of Sections 6121
through 6136.18 of this title shall be deemed a separate offense and
prosecuted individually.

B. The violation of any provision of Sections 6121 through
6136.18 of this title shall constitute a cause for the Oklahoma
Funeral Board to revoke, or to refuse to issue or renew, any license
issued pursuant to the provisions of Sections 396 through 396.33 of
Title 59 of the Oklahoma Statutes. The violation of any provision
of Sections 6121 through 6136.18 of this title shall constitute a
cause for the Insurance Commissioner to issue a notice and order to
show cause why the licensee shall not be censured, have the license
of the licensee suspended or revoked, be subject to a fine of not
less than One Hundred Dollars ($100.00) and not more than One
Thousand Dollars ($1,000.00), or be subject to both such fine and
punishment.

SECTION 498. AMENDATORY 37A O.S. 2021, Section 3-101, is
amended to read as follows:

Section 3-101. A. No person shall manufacture, rectify, sell,
possess, store, import into or export from this state, transport or
deliver any alcoholic beverage except as specifically provided in
the Oklahoma Alcoholic Beverage Control Act. Provided, that nothing
herein shall prevent the possession and transportation of alcoholic
beverages for the personal use of the possessor and his or her
family and guests, so long as the Oklahoma excise tax has been paid
ENR. H. B. NO. 2104 Page 470
thereon, except for beer. Provided, further, that nothing herein
shall prevent a person from making beer, cider or wine, by simple
fermentation and without distillation for personal use if the maker
of such beverages has first applied for and possesses a valid
personal use permit issued by the ABLE Commission and the total
volume of beer, cider or wine produced in any given calendar year is
less than two hundred (200) gallons. No beverages made pursuant to
a personal use permit shall be sold or offered for sale.

B. 1. Any duly licensed physician or dentist may possess and
use alcoholic beverages in the strict practice of the profession and
any hospital or other institution caring for sick or diseased
persons may possess and use alcoholic beverages for the treatment of
bona fide patients of such hospital or institution. Any drugstore
employing a licensed pharmacist may possess and use alcoholic
beverages in the preparation of prescriptions of duly licensed
physicians.

2. The possession, transportation and dispensation of wine by
any authorized representative of any church for the conducting of a
bona fide rite or religious ceremony conducted by such church shall
not be prohibited by the Oklahoma Alcoholic Beverage Control Act;
nor shall such act prevent the sale, shipping or delivery of
sacramental wine by any person holding a sacramental wine supplier
license issued pursuant to the Oklahoma Alcoholic Beverage Control
Act to any religious corporation or society of this state holding a
valid exemption from taxation issued pursuant to Section 501(a) of
the Internal Revenue Code, 1954, and listed as an exempt
organization in Section 501(c)(3) of the Internal Revenue Code,
1954, of the United States, as amended.

3. Provided further, that nothing in the Oklahoma Alcoholic
Beverage Control Act shall prevent the possession, transportation
and sale of alcoholic beverages within military reservations and in
accordance with the laws and rules governing such military
reservations, provided that the Oklahoma excise tax has been paid on
such beverages.

C. 1. Except as otherwise authorized by law, it is unlawful
for any brewer, manufacturer, wine and spirits wholesaler, beer
distributor or retailer of alcoholic beverages, located and doing
business from outside this state, to make retail sales of alcoholic
beverages to purchasers located in this state or to ship alcoholic
beverages sold at retail to persons located in this state. Any
person who engages in the sale or shipping of alcoholic beverages in
ENR. H. B. NO. 2104 Page 471
violation of the provisions of this subsection, upon conviction,
shall be guilty of a Class D1 felony offense punishable by
imprisonment for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, if the sale or delivery is made to a person under twenty-
one (21) years of age, or a misdemeanor, if the sale or delivery is
made to a person twenty-one (21) years of age or older.

2. The fine for a violation of this subsection shall be not
more than Five Thousand Dollars ($5,000.00).

3. In addition, if the person holds a license issued by the
ABLE Commission, the license shall be revoked pursuant to Section 60
of this act.

D. All brewers, importers, brokers and others who sell beer or
cider to licensed beer distributors in Oklahoma or manufacturers,
importers, brokers and others who sell cider to licensed beer
distributors in Oklahoma, regardless of whether such sales are
consummated within or without the state, must obtain a license, as
the case may be, in order to sell beer or cider intended for
consumption within the State of Oklahoma.

SECTION 499. AMENDATORY 37A O.S. 2021, Section 6-101, is
amended to read as follows:

Section 6-101. A. No person shall:

1. Knowingly sell, deliver or furnish alcoholic beverages to
any person under twenty-one (21) years of age;

2. Sell, deliver or knowingly furnish alcoholic beverages to an
intoxicated person or to any person who has been adjudged insane or
mentally deficient;

3. Open a retail container or consume alcoholic beverages on
the premises of a package store, grocery store, convenience store or
drug store, unless otherwise permitted by law;

4. Import into this state, except as provided for in the
Oklahoma Alcoholic Beverage Control Act, any alcoholic beverages;
provided, that nothing herein shall prohibit the importation or
possession for personal use of not more than one (1) liter of
alcoholic beverages upon which the Oklahoma excise tax is
delinquent;
ENR. H. B. NO. 2104 Page 472

5. Receive, possess or use any alcoholic beverage in violation
of the provisions of the Oklahoma Alcoholic Beverage Control Act;

6. Knowingly transport into, within or through this state more
than one (1) liter of alcoholic beverages upon which the Oklahoma
excise tax has not been paid unless the person accompanying or in
charge of the vehicle transporting same shall possess a true copy of
a bill of lading, invoice, manifest or other document particularly
identifying that alcoholic beverages are being transported and
showing the name and address of the consignor and consignee;
provided, this prohibition shall not apply to the first one hundred
eighty (180) liters of alcoholic beverages classified as household
goods by military personnel, age twenty-one (21) or older, when
entering Oklahoma from temporary active assignment outside the
contiguous United States;

7. Knowingly transport in any vehicle upon a public highway,
street or alley any alcoholic beverage except in the original
container which shall not have been opened and the seal upon which
shall not have been broken and from which the original cap or cork
shall not have been removed, unless the opened container be in the
rear trunk or rear compartment, which shall include the spare tire
compartment in a vehicle commonly known as a station wagon and panel
truck, or any outside compartment which is not accessible to the
driver or any other person in the vehicle while it is in motion;

8. Consume spirits in public except on the premises of a
licensee of the ABLE Commission who is authorized to sell or serve
spirits by the individual drink, or be intoxicated in a public
place. This provision shall be cumulative and in addition to
existing law;

9. Forcibly resist lawful arrest, or by physical contact
interfere with an investigation of any infringement of the Oklahoma
Alcoholic Beverage Control Act or with any lawful search or seizure
being made by a law enforcement officer or an employee of the ABLE
Commission, when such person knows or should know that such acts are
being performed by a state, county or municipal officer or employee
of the ABLE Commission;

10. Manufacture, duplicate, counterfeit or in any way imitate
any bottle club membership card required to be issued by the ABLE
Commission without the permission of the ABLE Commission;

ENR. H. B. NO. 2104 Page 473
11. Consume or possess alcoholic beverages on the licensed
premises of a bottle club unless such person possesses a valid
membership card for that club issued by the club;

12. Knowingly possess any bottle club membership card required
to be issued by the ABLE Commission which has been manufactured,
counterfeited, imitated or in any way duplicated without the
permission of the ABLE Commission; or

13. Knowingly and willfully permit any individual under twenty-
one (21) years of age who is an invitee to the person's residence,
any building, structure or room owned, occupied, leased or otherwise
procured by the person or on any land owned, occupied, leased or
otherwise procured by the person, to possess or consume any
alcoholic beverage as defined by Section 1-103 of this title, any
controlled dangerous substance as defined in the Uniform Controlled
Dangerous Substances Act, or any combination thereof, in such place.

B. Except as provided for in subsection C of this section,
punishment for violation of paragraph 13 of subsection A of this
section shall be as follows:

1. Any person who is convicted of a violation of the provisions
of paragraph 13 of subsection A of this section shall be deemed
guilty of a misdemeanor for the first offense and be punished by a
fine of not more than Five Hundred Dollars ($500.00) and shall be
required to attend a victims impact panel program as defined in
Section 991a of Title 22 of the Oklahoma Statutes;

2. Any person who, within ten (10) years after previous
convictions of a violation:

a. of paragraph 13 of subsection A of this section,

b. of the provisions of any law of another state
prohibiting the offense provided for in paragraph 13
of subsection A of this section, or

c. in a municipal criminal court of record for the
violation of a municipal ordinance prohibiting the
offense provided for in paragraph 13 of subsection A
of this section,

shall be guilty of a misdemeanor and shall be punished by a fine of
not more than One Thousand Dollars ($1,000.00) and shall be required
ENR. H. B. NO. 2104 Page 474
to attend a victims impact panel program as defined in Section 991a
of Title 22 of the Oklahoma Statutes;

3. Any person who, within ten (10) years after two or more
previous convictions of a violation:

a. of paragraph 13 of subsection A of this section,

b. of the provisions of any law of another state
prohibiting the offense provided for in paragraph 13
of subsection A of this section, or

c. in a municipal criminal court of record for the
violation of a municipal ordinance prohibiting the
offense provided for in paragraph 13 of subsection A
of this section, or

d. or any combination of two or more thereof,

shall be guilty of a Class D1 felony offense and shall be punished
by a fine of not more than Two Thousand Five Hundred Dollars
($2,500.00), or by imprisonment in the custody of the Department of
Corrections for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment and shall be
required to attend a victims impact panel program as defined in
Section 991a of Title 22 of the Oklahoma Statutes.

C. Any person who violates paragraph 13 of subsection A of this
section, and such actions cause great bodily injury or the death of
a person, shall, in addition to any other penalty provided by law,
be guilty of a Class D1 felony offense, punishable by imprisonment
in the custody of the Department of Corrections for not more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, a fine of not less than
Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five
Thousand Dollars ($5,000.00), or both such fine and imprisonment and
shall be required to attend a victims impact panel program as
defined in Section 991a of Title 22 of the Oklahoma Statutes.

D. Except as provided in subsection C of Section 6-126 of this
title, any person who shall engage in any of the following and
disturb the peace of any person:

ENR. H. B. NO. 2104 Page 475
1. In any public place, or in or upon any passenger coach,
streetcar, or in or upon any other vehicle commonly used for the
transportation of passengers, or in or about any depot, platform,
waiting station or room, drink or otherwise consume any intoxicating
liquor unless authorized by the Oklahoma Alcoholic Beverage Control
Act, intoxicating substance or intoxicating compound of any kind, or
inhale glue, paint or other intoxicating substance;

2. Be drunk or intoxicated in any public or private road, or in
any passenger coach, streetcar or any public place or building, or
at any public gathering, from drinking or consuming such
intoxicating liquor, intoxicating substance or intoxicating compound
or from inhalation of glue, paint or other intoxicating substance;
or

3. Be drunk or intoxicated from any cause,

shall be guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not less than Ten Dollars ($10.00), nor
more than One Hundred Dollars ($100.00) or by imprisonment for not
less than five (5) days nor more than thirty (30) days or by both
such fine and imprisonment.

SECTION 500. AMENDATORY 37A O.S. 2021, Section 6-123, is
amended to read as follows:

Section 6-123. Any person selling or keeping a package store
open to sell any alcoholic beverage during any day or hours not
authorized by the Oklahoma Alcoholic Beverage Control Act, and any
person selling or permitting the sale of alcoholic beverages at a
grocery store, convenience store or drug store during any day or
hours not authorized by the Oklahoma Alcoholic Beverage Control Act
shall be guilty of a misdemeanor for a first violation, and upon
conviction shall be fined not more than Five Hundred Dollars
($500.00), or imprisoned in the county jail for not more than one
(1) year, or by both such fine and imprisonment. Any person
convicted of a second or subsequent violation shall be guilty of a
Class D1 felony offense, and shall be fined not less than Two
Thousand Five Hundred Dollars ($2,500.00) nor more than Five
Thousand Dollars ($5,000.00), or imprisoned in the State
Penitentiary for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment. The ABLE
Commission shall revoke the license of any person convicted of a
violation of this section.
ENR. H. B. NO. 2104 Page 476

SECTION 501. AMENDATORY 40 O.S. 2021, Section 5-107, is
amended to read as follows:

Section 5-107.

WRONGFUL DISCLOSURE OF INFORMATION.

If any employee or member of the Board of Review or the Oklahoma
Employment Security Commission or any employee of the Commission, or
any employee of a governmental unit, private business or nonprofit
entity that is allowed access to information under Section 4-508 of
this title, makes any disclosure of confidential information or
otherwise violates Section 4-508 of this title, or if any person who
has obtained any list of applicants for work, or of claimants or
recipients of benefits, under Section 5-101 et seq. of this title
shall use or permit the use of such list for any political purpose,
such individual shall be guilty of a misdemeanor Class D1 felony
offense and shall be punished by a fine of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or
imprisoned for not longer than ninety (90) days as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or both.

SECTION 502. AMENDATORY 40 O.S. 2021, Section 169, is
amended to read as follows:

Section 169. Any person who shall hire, aid, abet or assist in
hiring through private detective agencies or otherwise, persons to
guard with arms or deadly weapons of any kind, other persons or
property, or any person who shall come into this state armed with
deadly weapons of any kind for any such purpose, without a permit,
in writing, from the Governor, shall be guilty of a Class D1 felony
offense, and on conviction thereof shall be imprisoned in the State
Penitentiary not less than one (1) year nor more than five (5) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes. Provided, that nothing herein
contained shall be construed to interfere with the right of any
person, corporations, society, association or organization in
guarding and protecting their property as provided by law; but this
section shall be construed only to apply in cases where workmen are
brought into the state or induced to go from one place to another in
the state by any false pretenses, false advertising, or deceptive
representation, or brought into the state under arms or removed from
one place to another in the state under arms.
ENR. H. B. NO. 2104 Page 477

SECTION 503. AMENDATORY 40 O.S. 2021, Section 183, is
amended to read as follows:

Section 183. Should any employee enter such boiler, firebox, or
smoke chamber, while the same is under pressure of steam, at the
command or order of his employer, or the agent of such employer, and
while inside of such boiler, firebox or smoke chamber, meet with an
accident resulting in his death, the person or persons commanding or
ordering him to enter such boiler, firebox, or smoke chamber, shall
be guilty of manslaughter in the second degree, a Class D1 felony
offense punishable as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 504. AMENDATORY 42 O.S. 2021, Section 142.4, is
amended to read as follows:

Section 142.4. Any original contractor who falsifies any
statement regarding liens on labor or material to any owner of a
dwelling, upon conviction, shall be guilty of a Class D1 felony
offense punishable as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 505. AMENDATORY 42 O.S. 2021, Section 142.6, is
amended to read as follows:

Section 142.6. A. For the purposes of this section:

1. “Claimant” means a person, other than an original
contractor, that is entitled or may be entitled to a lien pursuant
to Section 141 of this title; and

2. “Person" means any individual, corporation, partnership,
unincorporated association, or other entity.

B. 1. Prior to the filing of a lien statement pursuant to
Section 143.1 of this title, but no later than seventy-five (75)
days after the last date of supply of material, services, labor, or
equipment in which the claimant is entitled or may be entitled to
lien rights, the claimant shall send to the last-known address of
the original contractor and an owner of the property a pre-lien
notice pursuant to the provisions of this section. Provided
further, no lien affecting property then occupied as a dwelling by
an owner shall be valid unless the pre-lien notice provided in this
section was sent within seventy-five (75) days of the last
ENR. H. B. NO. 2104 Page 478
furnishing of materials, services, labor or equipment by the
claimant.

2. The provisions of this section shall not be construed to
require:

a. a pre-lien notice with respect to any retainage held
by agreement between an owner, contractor, or
subcontractor, or

b. more than one pre-lien notice during the course of a
construction project in which material, services,
labor, or equipment is furnished.

A pre-lien notice sent in compliance with this section for the
supply of material, services, labor, or equipment that entitles or
may entitle a claimant to lien rights shall protect the claimant’s
lien rights for any subsequent supply of material, services, labor,
or equipment furnished during the course of a construction project.

3. Except as otherwise required in paragraph 1 of this
subsection, the pre-lien notice requirements shall not apply to a
claimant:

a. whose claim relates to the supply of material,
services, labor, or equipment furnished in connection
with a residential project. For the purposes of this
subparagraph, the term “residential” shall mean a
single family or multifamily project of four or fewer
dwelling units, none of which are occupied by an
owner, or

b. whose aggregate claim is less than Ten Thousand
Dollars ($10,000.00).

4. The pre-lien notice shall be in writing and shall contain,
but not be limited to, the following:

a. a statement that the notice is a pre-lien notice,

b. the complete name, address, and telephone number of
the claimant, or the claimant’s representative,

c. the date of supply of material, services, labor, or
equipment,
ENR. H. B. NO. 2104 Page 479

d. a description of the material, services, labor, or
equipment,

e. the name and last-known address of the person who
requested that the claimant provide the material,
services, labor, or equipment,

f. the address, legal description, or location of the
property to which the material, services, labor, or
equipment has been supplied,

g. a statement of the dollar amount of the material,
services, labor, or equipment furnished or to be
furnished, and

h. the signature of the claimant, or the claimant’s
representative.

5. A rebuttable presumption of compliance with paragraph 1 of
this subsection shall be created if the pre-lien notice is sent as
follows:

a. hand delivery supported by a delivery confirmation
receipt,

b. automated transaction pursuant to Section 15-115 of
Title 12A of the Oklahoma Statutes, or

c. certified mail, return receipt requested. Notice by
certified mail, return receipt requested, shall be
effective on the date mailed.

6. The claimant may request in writing, the request to be sent
in the manner as provided in paragraph 5 of this subsection, that
the original contractor provide to the claimant the name and last-
known address of an owner of the property. Failure of the original
contractor to provide the claimant with the information requested
within five (5) days from the date of receipt of the request shall
render the pre-lien notice requirement to the owner of the property
unenforceable.

C. At the time of the filing of the lien statement, the
claimant shall furnish to the county clerk a notarized affidavit
verifying compliance with the pre-lien notice requirements of this
ENR. H. B. NO. 2104 Page 480
section. Any claimant who falsifies the affidavit shall be guilty
of a misdemeanor, and upon conviction thereof may be punished by a
fine of not more than Five Thousand Dollars ($5,000.00), or by
imprisonment in the county jail for not more than thirty (30) days,
or by both such fine and imprisonment. If the value of the property
embezzled is Two Thousand Five Hundred Dollars ($2,500.00) or more
but less than Fifteen Thousand Dollars ($15,000.00), the claimant
shall, upon conviction, be guilty of a Class D1 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.

D. Failure of the claimant to comply with the pre-lien notice
requirements of this section shall render that portion of the lien
claim for which no notice was sent invalid and unenforceable.

SECTION 506. AMENDATORY 43 O.S. 2021, Section 14, is
amended to read as follows:

Section 14. Any minister of the Gospel, or other person
authorized to solemnize the rites of matrimony within this state,
who shall knowingly solemnize the rites of matrimony between persons
prohibited by this chapter, from intermarrying shall be deemed
guilty of a Class D1 felony offense, and upon conviction thereof
shall be fined in any sum not exceeding Five Hundred Dollars
($500.00) and imprisonment in the State Penitentiary not less than
one (1) year nor more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 507. AMENDATORY 43 O.S. 2021, Section 123, is
amended to read as follows:

Section 123. It shall be unlawful for either party to an action
for divorce whose former husband or wife is living to marry in this
state a person other than the divorced spouse within six (6) months
from date of decree of divorce granted in this state, or to cohabit
with such other person in this state during said period if the
marriage took place in another state; and if an appeal be commenced
from said decree, it shall be unlawful for either party to such
cause to marry any other person and cohabit with such person in this
state until the expiration of thirty (30) days from the date on
which final judgment shall be rendered pursuant to such appeal. Any
person violating the provisions of this section by such marriage
shall be deemed guilty of the Class D1 felony offense of bigamy and
shall be punished as provided for in subsections B through F of
ENR. H. B. NO. 2104 Page 481
Section 20N of Title 21 of the Oklahoma Statutes. Any person
violating the provisions of this section by such cohabitation shall
be deemed guilty of the Class D1 felony offense of adultery and
shall be punished as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.

An appeal from a judgment granting or denying a divorce shall be
made in the same manner as in any other civil case.

SECTION 508. AMENDATORY 43A O.S. 2021, Section 2-219, is
amended to read as follows:

Section 2-219. Any officer or employee of a facility who
maliciously assaults, beats, batters, abuses, or uses mechanical
restraints, or willfully aids, abets, advises or permits any
consumer confined therein to be maliciously assaulted, beaten,
battered, abused, or mechanically restrained shall be guilty of a
Class D1 felony offense, and on conviction thereof shall be punished
by imprisonment in the State Penitentiary for not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or a fine not exceeding Five
Hundred Dollars ($500.00), or both fine and imprisonment.

SECTION 509. AMENDATORY 43A O.S. 2021, Section 3-601, as
amended by Section 2, Chapter 250, O.S.L. 2023 (43A O.S. Supp. 2024,
Section 3-601), is amended to read as follows:

Section 3-601. A. Any Class II controlled dangerous substance,
when used in this state by an opioid substitution treatment program
for persons with a history of opioid addiction to or physiologic
dependence on controlled dangerous substances, shall only be used:

1. In treating persons with a history of addiction;

2. In treating persons with a one-year history of opioid
addiction to or physiologic dependence on controlled dangerous
substances, as defined by the Code of Federal Regulations, and
documentation of attempting another type of treatment; or

3. If clinically appropriate, the program physician may waive
the requirement of a one-year history of opioid addiction for
consumers within six (6) months of release from a penal institution,
for consumers with a pregnancy verified by the program physician, or
for consumers having previously received treatment for opioid
ENR. H. B. NO. 2104 Page 482
addiction and within two (2) years of discharge from that treatment
episode.

B. Any conviction for a violation of the provisions of this
section or any rules promulgated pursuant to the provisions of this
section shall be a Class D1 felony offense and shall be punished as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

C. For the purposes of this section, “opioid substitution
treatment program” means a person, private physician, or
organization that administers or dispenses an opioid drug to a
narcotic addict for the purposes of detoxification or maintenance
treatment or provides, when necessary and appropriate, comprehensive
medical and rehabilitation services. A private physician who
administers buprenorphine with a waiver from the Drug Enforcement
Administration shall not be considered an opioid substitution
treatment program.

D. An opioid substitution treatment program shall be certified
by the Board of Mental Health and Substance Abuse Services, or the
Commissioner of Mental Health and Substance Abuse Services upon
delegation by the Board, and registered with the federal Drug
Enforcement Administration for the use of an opioid drug to treat
narcotic addiction.

E. The Board of Mental Health and Substance Abuse Services
shall promulgate rules and standards for the certification of all
programs, private facilities, and organizations which provide opioid
substitution treatment directed to those physiologically dependent
on or addicted to opioids. These facilities and organizations shall
be known as “Opioid Substitution Treatment Programs”. Only
certified facilities may receive and assist opioid-dependent and
addicted persons by providing Class II controlled substances in
opioid substitution treatment and rehabilitation.

F. The Board of Mental Health and Substance Abuse Services
shall promulgate rules and standards regulating the treatment and
services provided by opioid substitution treatment programs.
Failure to comply with rules and standards promulgated by the Board
shall be grounds for revocation, suspension or nonrenewal of
certification.

G. An opioid substitution treatment program shall comply with
all federal requirements for opioid treatment programs provided by
ENR. H. B. NO. 2104 Page 483
42 C.F.R., Subpart C including but not limited to the requirement to
provide drug abuse testing services provided by 42 C.F.R., Section
8.12(f)(6). Drug abuse testing shall be directly observed by an
employee or contractor of the opioid substitution treatment program.

H. Opioid substitution treatment programs shall notify the
Department of Mental Health and Substance Abuse Services of plans to
close or relocate within a minimum of thirty (30) days prior to
closure or relocation.

I. Failure to comply with rules and standards promulgated by
the Board of Mental Health and Substance Abuse Services pursuant to
this section or failure to comply with the requirements of 42
C.F.R., Subpart C shall be grounds for reprimand, suspension,
revocation or nonrenewal of certification.

SECTION 510. AMENDATORY 43A O.S. 2021, Section 11-113,
is amended to read as follows:

Section 11-113. A. Any person who willfully conceals, cancels,
defaces, alters, or obliterates the advance directive for mental
health treatment of another without the declarant's consent, or who
falsifies or forges a revocation of an advance directive of another,
shall be, upon conviction, guilty of a misdemeanor.

B. A person who in any way falsifies or forges the advance
directive for mental health treatment of another person, or who
willfully conceals or withholds personal knowledge of a revocation
of an advance directive for mental health treatment, shall be, upon
conviction, guilty of a misdemeanor.

C. A person who requires or prohibits the execution of an
advance directive for mental health treatment as a condition for
being insured for, or receiving, health care services shall be, upon
conviction, guilty of a misdemeanor.

D. A person who coerces or fraudulently induces another person
to execute a declaration or revocation shall be, upon conviction,
guilty of a Class D1 felony offense and shall be punished as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

E. The sanctions provided in this section do not displace any
sanction applicable under any other law.

ENR. H. B. NO. 2104 Page 484
SECTION 511. AMENDATORY 47 O.S. 2021, Section 4-102, is
amended to read as follows:

Section 4-102. A. A person not entitled to possession of a
vehicle who, without the consent of the owner and with intent to
deprive the owner, temporarily or otherwise, of the vehicle or its
possession, takes, uses or drives the vehicle shall, upon
conviction, be guilty of a Class D3 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed two (2) years as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes.

B. A person not entitled to possession of an implement of
husbandry who, without the consent of the owner and with intent to
deprive the owner, temporarily or otherwise, of the implement of
husbandry or its possession, takes, uses or drives the implement of
husbandry shall, upon conviction, be guilty of a Class D1 felony
offense punishable in accordance with the provisions of Section 17-
102 of this title.

SECTION 512. AMENDATORY 47 O.S. 2021, Section 4-103, is
amended to read as follows:

Section 4-103. A. A person not entitled to the possession of a
vehicle who receives, possesses, conceals, sells, or disposes of it,
knowing the vehicle to be stolen or converted under circumstances
constituting a crime shall, upon conviction, be guilty of a Class D3
felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed two (2) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

B. A person not entitled to the possession of an implement of
husbandry who receives, possesses, conceals, sells or disposes of
it, knowing the implement of husbandry to be stolen or converted
under circumstances constituting a crime shall, upon conviction, be
guilty of a Class D1 felony offense punishable in accordance with
the provisions of Section 17-102 of this title.

SECTION 513. AMENDATORY 47 O.S. 2021, Section 4-107, as
amended by Section 35, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 4-107), is amended to read as follows:

Section 4-107. A. Any person or persons who shall destroy,
remove, cover, alter or deface, or cause to be destroyed, removed,
ENR. H. B. NO. 2104 Page 485
covered, altered or defaced, the engine number or other
distinguishing number of any vehicle in this state, without first
giving notice of such act to Service Oklahoma, upon such form as
Service Oklahoma may prescribe, or any person who shall give a wrong
description in any application for the registration of any vehicle
in this state for the purpose of concealing or hiding the identity
of such vehicle, shall be deemed guilty of a Class D1 felony offense
and upon conviction thereof shall be punished by imprisonment in the
custody of the Oklahoma Department of Corrections for a term of not
less than one (1) year nor more than five (5) years as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes.

B. A person who buys, receives, possesses, sells or disposes of
a vehicle or an engine for a vehicle, knowing that the
identification number of the vehicle or engine has been removed or
falsified, shall, upon conviction, be guilty of a misdemeanor.

C. A person who buys, receives, possesses, sells or disposes of
a vehicle or an engine for a vehicle, with knowledge that the
identification number of the vehicle or engine has been removed or
falsified and with intent to conceal or misrepresent the identity of
the vehicle or engine, shall, upon conviction, be guilty of a Class
D1 felony offense and shall be punished as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

D. A person who removes a license plate from a vehicle or
affixes to a vehicle a license plate not authorized by law for use
on said vehicle with intent to conceal or misrepresent the identity
of the vehicle or its owner shall, upon conviction, be guilty of a
misdemeanor.

E. As used in this section:

1. "Identification number" includes an identifying number,
serial number, engine number or other distinguishing number or mark,
placed on a vehicle or engine by its manufacturer or by authority of
the Oklahoma Tax Commission or in accordance with the laws of
another state or country;

2. "Remove" includes deface, cover and destroy; and

3. "Falsify" includes alter and forge.

ENR. H. B. NO. 2104 Page 486
F. An identification number may be placed on a vehicle or
engine by its manufacturer in the regular course of business or
placed or restored on a vehicle or engine by authority of Service
Oklahoma without violating this section; provided, an identification
number so placed or restored is not falsified.

SECTION 514. AMENDATORY 47 O.S. 2021, Section 4-107a, is
amended to read as follows:

Section 4-107a. A. It shall be unlawful for any person to:

1. Knowingly and intentionally destroy, remove, cover, alter or
deface, or cause to be destroyed, covered, removed, altered or
defaced the trim tag plate of a motor vehicle manufactured from 1953
to 1977;

2. Knowingly affix a counterfeit trim tag plate to a motor
vehicle;

3. Manufacture, offer for sale, sell, introduce, import or
deliver for sale or use in this state a counterfeit trim tag plate;
or

4. Offer for sale, sell, introduce, import or deliver for sale
or use in this state a trim tag plate that was affixed to a motor
vehicle at the time of manufacture but has since been removed or
become dislodged.

B. Paragraph 1 of subsection A of this section shall not apply
to:

1. Any person who engages in repair of a motor vehicle,
provided that removal of the vehicle's trim tag plate is reasonably
necessary for repair of a part of the vehicle to which the trim tag
plate is affixed, and provided that such trim tag plate is not
intentionally destroyed, altered or defaced; or

2. Removal of a trim tag from a motor vehicle which is being
junked or otherwise destroyed, if the removal is being done for
historical documentation purposes by a person actively involved in
judging events or for historical documentation of classic motor
vehicles and reasonable precaution is taken to ensure that the tag
is not sold or affixed to another motor vehicle.

ENR. H. B. NO. 2104 Page 487
C. Any person convicted of violating the provisions of this act
shall be guilty of a misdemeanor. Any person convicted of violating
the provisions of this act a second or subsequent time shall be
guilty of a Class D1 felony offense and shall be punished as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

D. In addition to any other civil remedy available, a person
defrauded as a result of a violation of this act may bring a civil
action against any person who knowingly violated this act regardless
of whether that person has been convicted of a violation of this
act. A person defrauded as a result of a violation of this act may
recover treble their actual compensatory damages. In any action
brought pursuant to this subsection, the court may award reasonable
costs, including costs of expert witnesses, and attorney fees to the
prevailing party.

E. As used in this section:

1. "Trim tag plate" means a plate or tag affixed to a motor
vehicle by the manufacturer which displays numbers, symbols, or
codes that identify characteristics of the vehicle including, but
not limited to, date of manufacture, body style, paint color, engine
option, transmission option, trim option, general option, interior
option, and interior color;

2. "Counterfeit trim tag plate" means:

a. any trim tag plate manufactured by a person or entity
other than the original manufacturer of a motor
vehicle upon which the trim tag plate is designed to
be affixed, unless the trim tag has been permanently
stamped, in the same manner as other information on
the trim tag, with the words “REPLACEMENT TAG” in
letters measuring at least one-eighth (1/8) of an inch
in height, or

b. any trim tag plate which has been altered from its
original manufactured condition so as to change any of
its numbers, symbols, or codes; and

3. "Motor vehicle" means the same as defined in Section 1-134
of Title 47 of the Oklahoma Statutes this title.

ENR. H. B. NO. 2104 Page 488
SECTION 515. AMENDATORY 47 O.S. 2021, Section 4-110, is
amended to read as follows:

Section 4-110. A. Except as otherwise authorized by law, it
shall be unlawful for any person to commit any of the following
acts:

1. To lend or to sell to, or knowingly permit the use of by,
one not entitled thereto any certificate of title or number plate
issued to or in the custody of the person so lending or permitting
the use thereof;

2. To alter or in any manner change a certificate of title,
registration certificate or number plate issued under the laws of
this state or any other state;

3. To purchase identification or number plates on an assigned
certificate of title. This paragraph shall be applicable to all
persons except bona fide registered dealers in used motor vehicles
who are holders of current and valid used motor vehicle dealers'
licenses;

4. To sell or dispose of, in any manner, a used vehicle without
delivering to the purchaser an Oklahoma certificate of title in such
purchaser's name or one properly and completely assigned to the
purchaser at the time of sale.

Anyone violating any of the provisions of this subsection, upon
conviction, shall be guilty of a misdemeanor and shall be fined not
less than Ten Dollars ($10.00) and not to exceed One Hundred Dollars
($100.00).

B. Except as otherwise authorized by law, no person shall:

1. Lend or sell to, or knowingly permit the use of by, one not
entitled thereto any certificate of title issued for a manufactured
home, manufactured home registration receipt, Manufactured Home
Registration Decal or excise tax receipt;

2. Alter or in any manner change a certificate of title issued
for a manufactured home under the laws of this state or any other
state;

3. Remove or alter a manufactured home registration receipt,
Manufactured Home Registration Decal or excise tax receipt attached
ENR. H. B. NO. 2104 Page 489
to a certificate of title or attach such receipts to a certificate
of title with the intent to misrepresent the payment of the required
excise tax and registration fees;

4. Purchase identification, manufactured home registration
receipt, Manufactured Home Registration Decal or excise tax receipt
on an assigned certificate of title.

Anyone violating the provisions of this subsection, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.

C. Any violation of any portion of this section for which a
specific penalty has not been imposed shall constitute a misdemeanor
and upon conviction thereof the person having violated it shall be
fined not less than Ten Dollars ($10.00) and not to exceed One
Hundred Dollars ($100.00).

SECTION 516. AMENDATORY 47 O.S. 2021, Section 6-301, as
amended by Section 76, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 6-301), is amended to read as follows:

Section 6-301. It shall be unlawful for any person to commit
any of the acts specified in paragraph 1 or 2 of this section in
relation to an Oklahoma driver license or identification card
authorized to be issued by Service Oklahoma pursuant to the
provisions of Sections 6-101 through 6-309 of this title or any
driver license or other evidence of driving privilege or
identification card authorized to be issued by the state of origin.

1. It is a misdemeanor for any licensee:

a. to display or cause or permit to be displayed one's
own license after such license has been suspended,
revoked or canceled or to possess one's own license
after having received notice of its suspension,
revocation, or cancellation,

b. to lend one's own license or identification card to
any other person or knowingly permit the use thereof
by another,

c. to display or cause or permit to be displayed or to
possess a license or identification card issued to
ENR. H. B. NO. 2104 Page 490
oneself which bears altered information concerning the
date of birth, expiration date, sex, height, eye
color, weight or license or card number,

d. to fail or refuse to surrender to Service Oklahoma
upon its lawful demand any license or identification
card which has been suspended, revoked or canceled,

e. to permit any unlawful use of a license or
identification card issued to oneself,

f. to do any act forbidden or fail to perform any act
required by this chapter, excepting those acts as
provided in paragraph 2 of this section,

g. to display or represent as one's own, any license or
identification card not issued to such person, unless
under conditions provided in subparagraph e of
paragraph 2 of this section, or

h. to add to, delete from, alter, or deface the required
information on a driver license or identification
card.

2. It is a felony for any person:

a. to create, publish or otherwise manufacture an
Oklahoma or other state license or identification card
or facsimile thereof, or to create, manufacture or
possess an engraved plate or other such device, card,
laminate, digital image or file, or software for the
printing of an Oklahoma or other state license or
identification card or facsimile thereof, except as
authorized pursuant to this title,

b. to display or cause or permit to be displayed or to
knowingly possess any state counterfeit or fictitious
license or identification card,

c. to display or cause to be displayed or to knowingly
possess any state license or identification card
bearing a fictitious or forged name or signature,

d. to display or cause to be displayed or to knowingly
possess any state license or identification card
ENR. H. B. NO. 2104 Page 491
bearing the photograph of any person, other than the
person named thereon as licensee,

e. to display or represent as one's own, any license or
identification card not issued to him or her, for the
purpose of committing a fraud in any commercial
transaction or to mislead a peace officer in the
performance of his or her duties, or

f. to use a false or fictitious name in any application
for a license or identification card or to knowingly
make a false statement or to knowingly conceal a
material fact or otherwise commit a fraud in any such
application.

3. It is a felony for any employee or person authorized to
issue or approve the issuance of licenses or identification cards
under this title to knowingly issue or attempt to issue a license or
identification card or to knowingly give approval for, cause, or
attempt to cause a license or identification card to be issued:

a. to a person not entitled thereto,

b. bearing erroneous information thereon, or

c. bearing the photograph of a person other than the
person named thereon.

Such conduct shall be grounds for termination of employment of the
employee.

4. The violation of any of the provisions of paragraph 1 of
this section shall constitute a misdemeanor and shall, upon
conviction thereof, be punishable by a fine of not less than Twenty-
five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00);
the violation of any of the provisions of paragraph 2 or 3 of this
section shall constitute a Class D1 felony offense and shall, upon
conviction thereof, be punishable by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or a term of imprisonment in the
custody of the Department of Corrections not to exceed seven (7)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

ENR. H. B. NO. 2104 Page 492
5. Notwithstanding any provision of this section, Service
Oklahoma may, upon the request of the chief administrator of a law
enforcement, military, or intelligence agency, authorize the
issuance to and display, and possession by a person of a license
which would otherwise be a violation of this section, for the sole
purpose of aiding in a criminal investigation or a military or
intelligence operation. While acting pursuant to such authorization
by Service Oklahoma, such person shall not be prosecuted for a
violation under this section. Upon termination of such
investigation or operation or upon request, Service Oklahoma shall
forthwith cause such license to be returned to Service Oklahoma.

SECTION 517. AMENDATORY 47 O.S. 2021, Section 11-207, is
amended to read as follows:

Section 11-207. A. No person shall, without lawful authority,
attempt to or in fact alter, deface, injure, knock down or remove
any official traffic-control device, including any nine-one-one
(911) emergency telephone service route markers, or any railroad
sign or signal or any inscription, shield or insignia thereon, or
any other part thereof.

B. If a violation of subsection A of this section results in
personal injury to or death of any person, the person committing the
violation shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for not more than two (2) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine of not more than One Thousand Dollars
($1,000.00), or by both such fine and imprisonment.

SECTION 518. AMENDATORY 47 O.S. 2021, Section 17-102, is
amended to read as follows:

Section 17-102. A. 1. Any person who is convicted of a
violation of any of the provisions of the Uniform Vehicle Code
declared by the Code or by other laws of this state to constitute a
felony except those offenses specified in subsection A of Section 4-
102 of this title relating to unauthorized use of a vehicle and
subsection A of Section 4-103 of this title, relating to receiving
or disposing of a vehicle, shall be guilty of a Class D1 felony
offense and shall be punished by imprisonment in the custody of the
Department of Corrections for not less than one (1) year nor more
than five (5) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by a fine of
ENR. H. B. NO. 2104 Page 493
not less than Five Hundred Dollars ($500.00) nor more than Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

2. Any person who is convicted of a violation of any of the
provisions of the Uniform Vehicle Code declared by the Code or by
other laws of this state to constitute a Class D1 felony offense
shall, upon conviction, be guilty of a Class D1 felony offense and
shall be punished as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.

B. The conviction of any person, as prescribed in this section,
when the offense occurred during a period when the driving
privileges of the person were under suspension, revocation,
cancellation, denial, or disqualification or the person had not been
granted driving privileges by Oklahoma or any other state, shall
result in the doubling of the appropriate fine, as provided for in
subsection A of this section, and the doubling of all court costs
and all fees collected by the court on behalf of any other entity,
unless waived by the court.

C. One-half (1/2) of any fine collected pursuant to the
provisions of subsection B of this section, shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 1-2522
of Title 63 of the Oklahoma Statutes.

SECTION 519. AMENDATORY 52 O.S. 2021, Section 108, is
amended to read as follows:

Section 108. Every person who, having taken an oath that he
will testify, declare or depose before the Commission, in any
proceeding, or at any hearing before said Commission, authorized and
provided for under the provisions of this act, shall willfully and
contrary to such oath state any material matter which he knows to be
false, is guilty of the Class D1 felony offense of perjury, and upon
conviction, shall be punished by imprisonment in the State
Penitentiary for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 520. AMENDATORY 52 O.S. 2021, Section 114, is
amended to read as follows:

Section 114. Any person who knowingly and willfully delays or
obstructs any Proration Umpire, any assistant or deputy of the
Proration Umpire, or any agent or employee of the Commission, in the
ENR. H. B. NO. 2104 Page 494
performance of any duty enjoined upon such proration umpire,
assistant or deputy of such Proration Umpire, or agent, or employee
of the Commission, by the provisions of this act or by any lawful
order, rule or regulation of the Commission; or who knowingly and
willfully delays or obstructs any public officer of the state, or of
any municipal subdivision thereof in the discharge or attempted
discharge of any duty of his office, arising by virtue of or growing
out of the enforcement of or an attempt to enforce the provisions of
this act, or any lawful order, rule, or regulation of the Commission
made in pursuance of the provisions hereof; or who attempts by means
of any threat or violence to deter or prevent any such Proration
Umpire, assistant, or deputy of the Proration Umpire, or any agent
or employee of the Commission from performing any duty imposed upon
them when such duty arises by virtue of or grows out of the attempt
to enforce the provisions of this act or of any lawful order, rule,
or regulation of the Commission made hereunder, shall be guilty of a
misdemeanor and upon conviction thereof may be punished by fine not
exceeding Five Hundred Dollars ($500.00), or by confinement in the
county jail not exceeding six (6) months, or both. If such threat
or violence, or such attempted interference or obstruction is
accompanied by the use or attempted use of firearms by any such
person so offending, then such person shall be guilty of a Class D1
felony offense and, upon conviction, may shall be punished by
imprisonment in the State Penitentiary for a period of not less than
one (1) year nor more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 521. AMENDATORY 52 O.S. 2021, Section 115, is
amended to read as follows:

Section 115. If two or more persons conspire to violate any
provision of this act, or any lawful order, rule, or regulation of
the Commission fixing the method, manner, amount and rate of
production of oil or gas from any common source of supply in the
State of Oklahoma or conspire to produce oil or gas from any well or
wells in any common source of supply in the State of Oklahoma in
excess of the allowable production permitted from such well or wells
as fixed and determined by any lawful order, rule, or regulation of
the Commission or conspire to avoid making or filing any report, map
or drawing, or to file any false report, map or drawing with respect
to the method, manner, time, place, amount, or rate of production of
oil or gas from any well or wells in any common source of supply in
the State of Oklahoma, or conspire to avoid the making or filing of
any report, map or drawing, or to file any false report, map or
ENR. H. B. NO. 2104 Page 495
drawing, with respect to the removal or transportation of oil or gas
by any means whatsoever, from any common source of supply, as may be
prescribed or required by this act or by any lawful order, rule, or
regulation of the Commission; or conspire to make any false
statement therein with respect to any material matter contained
therein, and one or more such parties shall do any act to effect the
object of any such conspiracy, then each of the parties to any such
conspiracy shall, upon conviction, be guilty of a Class D1 felony
offense in any court having jurisdiction of the offense, be fined
not more than Five Thousand Dollars ($5,000.00), or imprisoned in
the State Penitentiary for a period of not exceeding five (5) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or both.

SECTION 522. AMENDATORY 52 O.S. 2021, Section 117, is
amended to read as follows:

Section 117. Whoever corruptly gives, offers or promises to
give to any member of the Commission, Proration Umpire, assistant or
deputy of a Proration Umpire, Proration Attorney, or agent or
employee of the Commission, any gift or gratuity whatsoever with an
intent to influence any such officer or person in his acts or
conduct with respect to (a) enforcing any order, rule or regulation
of the Commission made under this act, or (b) the discharge of any
duty by any such officer or person imposed upon him by the
provisions of this act, or by any order, rule, or regulation of the
Commission issued and promulgated under the provisions of this act,
shall be guilty of a Class D1 felony offense and shall be punished
by imprisonment in the State Penitentiary not exceeding five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, and by a fine not exceeding Five
Thousand Dollars ($5,000.00).

SECTION 523. AMENDATORY 52 O.S. 2021, Section 235, is
amended to read as follows:

Section 235. Any person or agent of a corporation, who takes
gas, or aids or abets in the taking of gas, except as herein
provided, either directly or indirectly, as an individual, officer,
agent, or employee of any corporation, shall be guilty of the Class
D1 felony offense of grand larceny, and, upon conviction thereof,
shall be sentenced to the State Penitentiary not to exceed five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 496
SECTION 524. AMENDATORY 56 O.S. 2021, Section 26.18, is
amended to read as follows:

Section 26.18. Every applicant for emergency relief or general
assistance shall make a written application, containing a written
certification, under penalty of perjury, alleging that all facts set
out in such application are true and correct. And said application
shall be forthwith acted upon, with dispatch and without delay.

Any person, whose duty it is to pass upon the eligibility of
persons to participate in any benefits provided in this act, who
shall knowingly, willfully or intentionally allow, or cause to be
allowed, any claim to any person known to be ineligible for such
relief, or, who aids, or abets, or persuades any person to sign an
application to obtain by means of a willfully false statement or
representation or other fraudulent device, assistance to which an
applicant is not entitled or assistance greater than that to which
an applicant is justly entitled shall be guilty of a Class D1 felony
offense, and upon conviction thereof shall be imprisoned not less
than one (1) year or more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or be fined not less than One Hundred Dollars ($100.00) or
more than One Thousand Dollars ($1,000.00), or be both so fined and
imprisoned in the discretion of the court.

SECTION 525. AMENDATORY 56 O.S. 2021, Section 1005, is
amended to read as follows:

Section 1005. A. It shall be unlawful and deemed a Class D1
felony offense for any person to willfully and knowingly:

1. Make or cause to be made a claim, knowing the claim to be
false, in whole or in part, by commission or omission;

2. Make or cause to be made a statement or representation for
use in obtaining or seeking to obtain authorization to provide a
good or a service knowing the statement or representation to be
false, in whole or in part, by commission or omission;

3. Make or cause to be made a statement or representation for
use by another in obtaining a good or a service under the Oklahoma
Medicaid Program, knowing the statement or representation to be
false, in whole or in part, by commission or omission;

ENR. H. B. NO. 2104 Page 497
4. Make or cause to be made a statement or representation for
use in qualifying as a provider of a good or a service under the
Oklahoma Medicaid Program, knowing the statement or representation
to be false, in whole or in part, by commission or omission;

5. Charge any recipient or person acting on behalf of a
recipient, money or other consideration in addition to or in excess
of rates of remuneration established under the Oklahoma Medicaid
Program;

6. Solicit or accept a benefit, pecuniary benefit, or kickback
in connection with goods or services paid or claimed by a provider
to be payable by the Oklahoma Medicaid Program; or

7. Having submitted a claim for or received payment for a good
or a service under the Oklahoma Medicaid Program, fail to maintain
or destroy such records as required by law or the rules of the
Oklahoma Health Care Authority for a period of at least six (6)
years following the date on which payment was received.

Any person who violates the provisions of this section shall,
upon conviction, be guilty of a Class D1 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes.

B. For the purposes of this section, a person shall be deemed
to have made or caused to be made a claim, statement, or
representation if the person:

1. Had the authority or responsibility to make the claim,
statement, or representation, to supervise those who made the claim,
statement, or representation, or to authorize the making of the
claim, statement, or representation, whether by operation of law,
business or professional practice, or office procedure; and

2. Exercised such authority or responsibility or failed to
exercise such authority or responsibility and as a direct or
indirect result, the false statement was made.

C. The provisions of this section shall not be construed to
prohibit any payment, business arrangement or payment practice not
prohibited by 42 U.S.C., Section 1320a-7b(b) or any regulations
promulgated pursuant thereto or to prohibit any payment, business
arrangement or payment practice not prohibited by Section 1-742 of
Title 63 of the Oklahoma Statutes.
ENR. H. B. NO. 2104 Page 498

D. For the purposes of this section, a person shall be deemed
to have known that a claim, statement, or representation was false
if the person knew, or by virtue of the person's position, authority
or responsibility, had reason to know, of the falsity of the claim,
statement or representation.

E. Any employee of the State Department of Health, the
Department of Human Services or the Oklahoma Health Care Authority
who knowingly or willfully fails to promptly report a violation of
the Oklahoma Medicaid Program, subject to the provisions of this
section, to the chief administrative officer of such agency or the
State Attorney General shall, upon conviction thereof, be guilty of
a misdemeanor.

SECTION 526. AMENDATORY 56 O.S. 2021, Section 1005.1, is
amended to read as follows:

Section 1005.1. A. As used in this section:

1. “Administrative sanction” means the court may enter an order
making an individual who violates a provision of this section
ineligible for assistance for a specified period of time. Such
order shall be communicated to the Oklahoma Health Care Authority
Legal Division; and

2. “Insure Oklahoma” means the program administered by the
Oklahoma Health Care Authority pursuant to Sections 1010.1 through
1010.13 of Title 56 of the Oklahoma Statutes.

B. Any individual who:

1. Obtains or attempts to obtain, or aids, abets or assists any
individual to obtain, by means of a false statement or
representation, or by false impersonation, or by a fictitious
transfer, conveyance or encumbrance of property or income, or by a
knowing and willful failure to report to the Department of Human
Services or the Oklahoma Health Care Authority income, personal
property, real property, household members, or other material
eligibility factors at the time of application or during the receipt
of assistance, or by other fraudulent device, assistance to which an
applicant is not entitled or assistance greater than that to which
an applicant is justly entitled shall be guilty of a misdemeanor or
a felony;

ENR. H. B. NO. 2104 Page 499
2. By sale, barter, purchase, theft, acquisition, possession or
use of any medical identification card or any other device
authorizing participation in the Oklahoma Medicaid Program,
knowingly obtains, aids, abets or assists any individual to obtain
or attempt to obtain assistance to which an individual is not
entitled shall be guilty of a misdemeanor or a felony; or

3. Attempts to obtain Medicaid or Insure Oklahoma benefits by
omitting income, personal property, household members, or other
material eligibility factors shall, upon conviction, be guilty of a
misdemeanor punishable by either a fine of three times the amount of
assistance, or up to three (3) months in the county jail. In
addition, the individual may also be punished by an administrative
sanction regarding Medicaid benefits. The court shall have
discretion in determining penalties.

C. If the acts in either paragraph 1 or 2 of subsection B of
this section or both paragraphs 1 and 2 of subsection B of this
section cause the Oklahoma Health Care Authority to determine that
an individual or family is eligible for Medicaid or the Insure
Oklahoma program and the aggregate amount of assistance paid on
behalf of the individual or individuals is less than Five Thousand
Dollars ($5,000.00), the penalty, upon conviction, shall be a
misdemeanor punishable by fine or imprisonment, or both a fine and
imprisonment for three (3) months or an administrative sanction
regarding Medicaid benefits in the discretion of the court. If the
acts in paragraph 1 or 2 of subsection B of this section or both
paragraphs 1 and 2 of subsection B of this section cause the
Oklahoma Health Care Authority to determine an individual or family
eligible for Medicaid or the Insure Oklahoma program and the
aggregate amount of assistance paid on behalf of the individual or
individuals is equal to or greater than Five Thousand Dollars
($5,000.00), the penalty, upon conviction, shall be a Class D1
felony offense punishable by fine or imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or both a fine and imprisonment for not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or an administrative sanction
regarding Medicaid benefits in the discretion of the court.

SECTION 527. AMENDATORY 57 O.S. 2021, Section 22, is
amended to read as follows:

Section 22. A. Except as otherwise provided in this section,
any detention officer, deputy sheriff, or other person employed as
ENR. H. B. NO. 2104 Page 500
jail operations staff by a county, city, or other entity that
operates a jail who receives compensation from any person other than
the sheriff or jail administrator for providing goods, tobacco
products, or services for the benefit of an inmate, upon conviction,
shall be guilty of a misdemeanor if the compensation is an amount of
less than Five Hundred Dollars ($500.00), punishable by up to six
(6) months in the county jail, or a fine of not more than One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment
and shall be guilty of a Class D1 felony offense if the compensation
is an amount of Five Hundred Dollars ($500.00) or more, punishable
by imprisonment in the custody of the Department of Corrections for
not more than two (2) years as provided for in subsections B through
F of Section 20N of Title 21 of the Oklahoma Statutes, or a fine of
not more than Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment.

B. The provisions of this section shall not apply to any person
operating, or employed by, a vendor facility licensed by the State
Department of Rehabilitation Services pursuant to Sections 71
through 78 of Title 7 of the Oklahoma Statutes for purposes of
carrying out the provisions of the Randolph-Sheppard Act, 20
U.S.C.A., Section 107 et seq., or any other duly authorized vendor.

SECTION 528. AMENDATORY 57 O.S. 2021, Section 222, is
amended to read as follows:

Section 222. A. It shall be unlawful to use prisoners assigned
to said public works project on any property other than public
property, except that inmate labor may be used on private property
for a public purpose.

B. As used in this section "public purpose" means a purpose
affecting the inhabitants of the state or political subdivision
utilizing the inmate labor, as a group, and not merely as
individuals. The work performed shall be essentially public and for
the general good of the inhabitants of the state or political
subdivision, and may include eradication of graffiti on private
buildings or harvesting Eastern Red Cedar trees. For purposes of
this section:

1. "Graffiti" shall include but not be limited to any
inscription, slogan or drawing, crudely scratched, drawn, printed,
painted or scribbled on a wall or other surface visible to the
public and which is likely to endanger the health or safety of the
public. Provided, however, that this definition shall never be
ENR. H. B. NO. 2104 Page 501
construed to include any sign or advertising device lawfully erected
or installed by the owner of property, lessee or authorized agent;
and

2. "Owner" means the owner of record as shown by the most
current tax rolls of the county treasurer.

C. The purpose of the work performed shall be to aid the
federal government, a state agency or a political subdivision,
utilizing the inmate labor in the exercise of a governmental
function. Any person convicted of willfully violating the
provisions of this section shall be guilty of a Class D1 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 529. AMENDATORY 57 O.S. 2021, Section 599, is
amended to read as follows:

Section 599. Any person required to register pursuant to the
provisions of the Mary Rippy Violent Crime Offenders Registration
Act who violates any provision of the act shall, upon conviction, be
guilty of a Class D1 felony. Any person convicted of a violation of
this section offense and shall be punished by incarceration in a
correctional facility for not more than five (5) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or a fine not to exceed Five Thousand Dollars
($5,000.00), or both such fine and imprisonment.

SECTION 530. AMENDATORY 59 O.S. 2021, Section 328.49, is
amended to read as follows:

Section 328.49. A. The Board of Dentistry shall be responsible
for the enforcement of the provisions of the State Dental Act
against all persons who are in violation thereof, including, but not
limited to, individuals who practice or attempt to practice
dentistry or dental hygiene without proper authorization from the
Board.

B. 1. It shall be unlawful for any person, except a licensed
dentist, to:

a. practice or attempt to practice dentistry,

ENR. H. B. NO. 2104 Page 502
b. hold oneself out to the public as a dentist or as a
person who practices dentistry, or

c. employ or use the words "Doctor" or "Dentist", or the
letters "D.D.S." or "D.M.D.", or any modification or
derivative thereof, when such use is intended to give
the impression that the person is a dentist.

2. It shall be unlawful for any person, except a registered
dental hygienist, to:

a. practice or attempt to practice dental hygiene,

b. hold oneself out to the public as a dental hygienist
or as a person who practices dental hygiene, or

c. employ or use the words "Registered Dental Hygienist",
or the letters "R.D.H.", or any modification or
derivative thereof, when such use is intended to give
the impression that the person is a dental hygienist.

3. It shall be unlawful for any person to:

a. give false or fraudulent evidence or information to
the Board in an attempt to obtain any license or
permit from the Board, or

b. aid or abet another person in violation of the State
Dental Act.

4. Each day a person is in violation of any provision of this
subsection shall constitute a separate criminal offense and, in
addition, the district attorney may file a separate charge of
medical battery for each person who is injured as a result of
treatment performed in violation of this subsection.

C. 1. If a person violates any of the provisions of subsection
B of this section, the Board shall refer the alleged violation to
the district attorney of the county in which the violation is
alleged to have occurred to bring a criminal action in that county
against the person. At the request of the Board, district attorney
or Attorney General, attorneys employed or contracted by the Board
may assist the district attorney or Attorney General in prosecuting
charges under the State Dental Act or any violation of law relating
ENR. H. B. NO. 2104 Page 503
to or arising from an investigation conducted by the Board of
Dentistry upon approval of the Board or the Executive Director.

2. Any person who violates any of the provisions of paragraph 1
or 3 of subsection B of this section, upon conviction, shall be
guilty of a Class D1 felony offense punishable by a fine in an
amount not less than One Thousand Dollars ($1,000.00) nor more than
Ten Thousand Dollars ($10,000.00), or by imprisonment in the county
jail for a term of not more than one (1) year or imprisonment in the
custody of the Department of Corrections for a term of not more than
four (4) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

Any person who violates any of the provisions of paragraph 2 of
subsection B of this section, upon conviction, shall be guilty of a
misdemeanor punishable by a fine in an amount not less than Five
Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred
Dollars ($2,500.00), or by imprisonment in the county jail for a
term of not more than ninety (90) days, or by both such fine and
imprisonment. Any second or subsequent violation of paragraph 2 of
subsection B of this section, upon conviction, shall be a felony
punishable by a fine in an amount not less than One Thousand Five
Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars
($5,000.00), or by imprisonment in the county jail for a term of not
more than one (1) year or imprisonment in the custody of the
Department of Corrections for a term of not more than two (2) years,
or by both such fine and imprisonment.

D. The Board may initiate a civil action, pursuant to Chapter
24 of Title 12 of the Oklahoma Statutes, seeking a temporary
restraining order or injunction, without bond, commanding a person
to refrain from engaging in conduct which constitutes a violation of
any of the provisions of subsection B of this section. In a civil
action filed pursuant to this subsection, the prevailing party shall
be entitled to recover costs and reasonable attorney fees.

E. In addition to any other penalties provided herein, any
person found guilty of contempt of court by reason of the violation
of any injunction prohibiting the unlicensed practice of dentistry
now in effect or hereafter entered pursuant to any provision of the
State Dental Act or any preceding state dental act, shall be
punished by imprisonment in the county jail for a term of not less
than thirty (30) days nor more than one (1) year, and by a fine of
not less than Five Hundred Dollars ($500.00) nor more than One
ENR. H. B. NO. 2104 Page 504
Thousand Dollars ($1,000.00). The court may also require the
defendant to furnish a good and sufficient bond in a penal sum to be
set by the court, not less than One Thousand Dollars ($1,000.00),
which shall be conditioned upon future compliance in all particulars
with the injunction entered, and in the event of failure of the
defendant to furnish such bond when so ordered, the defendant shall
be confined in the county jail pending compliance therewith. Such
bond shall be mandatory as to any person hereafter found guilty of a
second contempt of court for violation of any injunction entered
pursuant to the State Dental Act, or any preceding state dental act.

SECTION 531. AMENDATORY 59 O.S. 2021, Section 353.17A,
is amended to read as follows:

Section 353.17A. It shall be unlawful and deemed a Class D1
felony offense to impersonate a pharmacist. If a person
impersonates a pharmacist and causes patient harm, then, upon
conviction, it the person shall be guilty of a Class D1 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 532. AMENDATORY 59 O.S. 2021, Section 353.24, is
amended to read as follows:

Section 353.24. A. It shall be unlawful for any licensee or
other person to:

1. Forge or increase the quantity of drug in any prescription,
or to present a prescription bearing forged, fictitious or altered
information or to possess any drug secured by such forged,
fictitious or altered prescription;

2. Sell, offer for sale, barter or give away any unused
quantity of drugs obtained by prescription, except through a program
pursuant to the Utilization of Unused Prescription Medications Act
or as otherwise provided by the State Board of Pharmacy;

3. Sell, offer for sale, barter or give away any drugs damaged
by fire, water, or other causes without first obtaining the written
approval of the Board or the State Department of Health;

4. No person, firm or business establishment shall offer to the
public, in any manner, their services as a "pick-up station" or
intermediary for the purpose of having prescriptions filled or
ENR. H. B. NO. 2104 Page 505
delivered, whether for profit or gratuitously. Nor may the owner of
any pharmacy or drug store authorize any person, firm or business
establishment to act for them in this manner with these exceptions:

a. patient-specific filled prescriptions may be delivered
or shipped to a prescriber's clinic for pick-up by
those patients whom the prescriber has individually
determined and documented do not have a permanent or
secure mailing address,

b. patient-specific filled prescriptions for drugs which
require special handling written by a prescriber may
be delivered or shipped to the prescriber's clinic for
administration or pick-up at the prescriber's office,

c. patient-specific filled prescriptions, including
sterile compounded drugs, may be delivered or shipped
to a prescriber's clinic where they shall be
administered,

d. patient-specific filled prescriptions for patients
with end-stage renal disease (ESRD) may be delivered
or shipped to a prescriber's clinic for administration
or final delivery to the patient,

e. patient-specific filled prescriptions for
radiopharmaceuticals may be delivered or shipped to a
prescriber's clinic for administration or pick-up, or

f. patient-specific filled prescriptions may be delivered
or shipped by an Indian Health Services (IHS) or
federally recognized tribal health organization
operating under the IHS in the delivery of the
prescriptions to a pharmacy operated by the IHS or a
federally recognized tribal health organization for
pick-up by an IHS or tribal patient.

However, nothing in this paragraph shall prevent a pharmacist or
an employee of the pharmacy from personally receiving a prescription
or delivering a legally filled prescription to a residence, office
or place of employment of the patient for whom the prescription was
written. Provided further, the provisions of this paragraph shall
not apply to any Department of Mental Health and Substance Abuse
Services employee or any person whose facility contracts with the
Department of Mental Health and Substance Abuse Services whose
ENR. H. B. NO. 2104 Page 506
possession of any dangerous drug, as defined in Section 353.1 of
this title, is for the purpose of delivery of a mental health
consumer's medicine to the consumer's home or residence. Nothing in
this paragraph shall prevent veterinary prescription drugs from
being shipped directly from an Oklahoma licensed wholesaler or
distributor registered with the Oklahoma Board of Veterinary Medical
Examiners to a client; provided, such drugs may be dispensed only on
prescription of a licensed veterinarian and only when an existing
veterinary-client-patient relationship exists. Nothing in this
paragraph shall prevent dialysate and peritoneal dialysis devices
from being shipped directly from an Oklahoma licensed manufacturer,
wholesaler or distributor to an ESRD patient or patient's designee,
consistent with subsection F of Section 353.18 of this title;

5. Sell, offer for sale or barter or buy any professional
samples except through a program pursuant to the Utilization of
Unused Prescription Medications Act;

6. Refuse to permit or otherwise prevent members of the Board
or such representatives thereof from entering and inspecting any and
all places, including premises, vehicles, equipment, contents, and
records, where drugs, medicine, chemicals or poisons are stored,
sold, vended, given away, compounded, dispensed, repackaged,
transported, or manufactured;

7. Interfere, refuse to participate in, impede or otherwise
obstruct any inspection, investigation or disciplinary proceeding
authorized by the Oklahoma Pharmacy Act;

8. Possess dangerous drugs without a valid prescription or a
valid license to possess such drugs; provided, however, this
provision shall not apply to any Department of Mental Health and
Substance Abuse Services employee or any person whose facility
contracts with the Department of Mental Health and Substance Abuse
Services whose possession of any dangerous drug, as defined in
Section 353.1 of this title, is for the purpose of delivery of a
mental health consumer's medicine to the consumer's home or
residence;

9. Fail to establish and maintain effective controls against
the diversion of drugs for any other purpose than legitimate
medical, scientific or industrial uses as provided by state, federal
and local law;

ENR. H. B. NO. 2104 Page 507
10. Fail to have a written drug diversion detection and
prevention policy;

11. Possess, sell, offer for sale, barter or give away any
quantity of dangerous drugs not listed as a scheduled drug pursuant
to Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes
when obtained by prescription bearing forged, fictitious or altered
information.

a. A first violation of this section shall constitute a
misdemeanor and upon conviction shall be punishable by
imprisonment in the county jail for a term not more
than one (1) year and a fine in an amount not more
than One Thousand Dollars ($1,000.00).

b. A second violation of this section shall constitute a
Class D1 felony offense and upon conviction shall be
punishable by imprisonment in the Department of
Corrections for a term not exceeding five (5) years as
provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, and a fine in an
amount not more than Two Thousand Dollars ($2,000.00);

12. Violate a Board order or agreed order;

13. Compromise the security of licensure examination materials;
or

14. Fail to notify the Board, in writing, within ten (10) days
of a licensee or permit holder's address change.

B. 1. It shall be unlawful for any person other than a
licensed pharmacist or physician to certify a prescription before
delivery to the patient or the patient's representative or
caregiver. Dialysate and peritoneal dialysis devices supplied
pursuant to the provisions of subsection F of Section 353.18 of this
title shall not be required to be certified by a pharmacist prior to
being supplied by a manufacturer, wholesaler or distributor.

2. It shall be unlawful for any person to institute or manage a
pharmacy unless such person is a licensed pharmacist or has placed a
licensed pharmacist in charge of such pharmacy.

3. No licensed pharmacist shall manage, supervise or be in
charge of more than one pharmacy.
ENR. H. B. NO. 2104 Page 508

4. No pharmacist being requested to sell, furnish or compound
any drug, medicine, chemical or other pharmaceutical preparation, by
prescription or otherwise, shall substitute or cause to be
substituted for it, without authority of the prescriber or
purchaser, any like drug, medicine, chemical or pharmaceutical
preparation.

5. No pharmacy, pharmacist-in-charge or other person shall
permit the practice of pharmacy except by a licensed pharmacist or
assistant pharmacist.

6. No person shall subvert the authority of the pharmacist-in-
charge of the pharmacy by impeding the management of the
prescription department to act in compliance with federal and state
law.

C. 1. It shall be unlawful for a pharmacy to resell dangerous
drugs to any wholesale distributor.

2. It shall be unlawful for a wholesale distributor to purchase
drugs from a pharmacy.

SECTION 533. AMENDATORY 59 O.S. 2021, Section 353.25, is
amended to read as follows:

Section 353.25. A. The violation of any provision of the
Oklahoma Pharmacy Act for which no penalty is specifically provided
shall be punishable as a misdemeanor.

B. Any person who shall willfully make any false
representations in procuring or attempting to procure for himself or
herself, or for another, licensure under the Oklahoma Pharmacy Act
shall be guilty of the felony of perjury, a Class D1 felony offense,
and shall be punished by imprisonment as provided for in subsections
B through F of Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 534. AMENDATORY 59 O.S. 2021, Section 396.33, is
amended to read as follows:

Section 396.33. Disposing of the body of a deceased person by
cremation or other similar means, within the State of Oklahoma,
except in a crematory duly licensed as provided for in Section 25 of
this act and under a special permit for cremation issued in
accordance with the provisions of Section 1-329.1 of Title 63 of the
ENR. H. B. NO. 2104 Page 509
Oklahoma Statutes, is hereby declared to be a Class D1 felony
offense. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D1 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.

SECTION 535. AMENDATORY 59 O.S. 2021, Section 491, is
amended to read as follows:

Section 491. A. 1. Every person before practicing medicine
and surgery or any of the branches or departments of medicine and
surgery, within the meaning of the Oklahoma Allopathic Medical and
Surgical Licensure and Supervision Act, the Oklahoma Osteopathic
Medicine Act, or the Oklahoma Interventional Pain Management and
Treatment Act, within this state, must be in legal possession of the
unrevoked license or certificate issued pursuant to the Oklahoma
Allopathic Medical and Surgical Licensure and Supervision Act or the
Oklahoma Osteopathic Medicine Act.

2. Any person practicing in such manner within this state, who
is not in the legal possession of a license or certificate, shall,
upon conviction, be guilty of a Class D1 felony offense, punishable
by a fine in an amount not less than One Thousand Dollars
($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by
imprisonment in the county jail for a term of not more than one (1)
year or imprisonment in the custody of the Department of Corrections
for a term of not more than four (4) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment.

3. Each day a person is in violation of any provision of this
subsection shall constitute a separate criminal offense and, in
addition, the district attorney may file a separate charge of
medical battery for each person who is injured as a result of
treatment or surgery performed in violation of this subsection.

4. Any person who practices medicine and surgery or any of the
branches or departments thereof without first complying with the
provisions of the Oklahoma Allopathic Medical and Surgical Licensure
and Supervision Act, the Oklahoma Osteopathic Medicine Act, or the
Oklahoma Interventional Pain Management and Treatment Act shall, in
addition to the other penalties provided therein, receive no
compensation for such medical and surgical or branches or
departments thereof services.

ENR. H. B. NO. 2104 Page 510
B. 1. If a license has been revoked or suspended pursuant to
the Oklahoma Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklahoma Osteopathic Medicine Act whether for
disciplinary reasons or for failure to renew the license, the State
Board of Medical Licensure and Supervision may, subject to rules
promulgated by the Board, assess and collect an administrative fine
not to exceed Five Thousand Dollars ($5,000.00) for each day after
revocation or suspension whether for disciplinary reasons or for
failure to renew such license that the person practices medicine and
surgery or any of the branches or departments thereof within this
state.

2. The Board may impose administrative penalties against any
person who violates any of the provisions of the Oklahoma
Interventional Pain Management and Treatment Act or any rule
promulgated pursuant thereto. The Board is authorized to initiate
disciplinary and injunctive proceedings against any person who has
violated any of the provisions of the Oklahoma Interventional Pain
Management and Treatment Act or any rule of the Board promulgated
pursuant thereto. The Board is authorized in the name of the state
to apply for relief by injunction in the established manner provided
in cases of civil procedure, without bond, to enforce the provisions
of the Oklahoma Interventional Pain Management and Treatment Act, or
to restrain any violation thereof. The members of the Board shall
not be personally liable for proceeding under this section.

3. Fines assessed shall be in addition to any criminal penalty
provided pursuant to subsection A of this section.

SECTION 536. AMENDATORY 59 O.S. 2021, Section 638, is
amended to read as follows:

Section 638. A. Each of the following acts shall constitute a
Class D1 felony offense, punishable, upon conviction, by a fine of
not less than One Thousand Dollars ($1,000.00) nor more than Ten
Thousand Dollars ($10,000.00), or by imprisonment in the county jail
for a term of not more than one (1) year or imprisonment in the
custody of the Department of Corrections for a term of not more than
four (4) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment:

1. The practice of osteopathic medicine or attempt to practice
osteopathic medicine without a license issued by the State Board of
Osteopathic Examiners;
ENR. H. B. NO. 2104 Page 511

2. Obtaining, or attempting to obtain, a license under the
Oklahoma Osteopathic Medicine Act by fraud or false statements;

3. Obtaining, or attempting to obtain, money or any other thing
of value, by fraudulent representation or false pretense;

4. Advertising as an osteopathic physician and surgeon, or
practicing or attempting to practice osteopathic medicine under a
false, assumed, or fictitious name, or a name other than the real
name; or

5. Allowing any person in the licensee’s employment or control
to practice as an osteopathic physician and surgeon when not
actually licensed to do so.

B. Each day a person is in violation of any provision of
subsection A of this section shall constitute a separate criminal
offense and, in addition, the district attorney may file a separate
charge of medical battery for each person who is injured as a result
of treatment or surgery performed in violation of subsection A of
this section.

C. Any person making any willfully false oath or affirmation
whenever oath or affirmation is required by the Oklahoma Osteopathic
Medicine Act shall be deemed guilty of the felony of perjury, a
Class D1 felony offense, and, upon conviction, shall be punished as
prescribed by the general laws of this state imprisonment as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

SECTION 537. AMENDATORY 59 O.S. 2021, Section 1044, is
amended to read as follows:

Section 1044. Any person convicted of acting or performing as a
building and construction inspector without the proper license shall
be guilty of a misdemeanor Class D1 felony offense and shall be
punished by a fine of not less than Two Hundred Fifty Dollars
($250.00) nor more than Two Thousand Five Hundred Dollars
($2,500.00), together with the costs of prosecution. Each day of
violation shall constitute a separate offense.

Any entity who employs an unlicensed person to perform the
duties and responsibilities of a building and construction inspector
or who fails to notify the Construction Industries Board of the
ENR. H. B. NO. 2104 Page 512
employment of an inspector shall be subject to an administrative
fine of not more than Two Hundred Dollars ($200.00) for each
violation. Each day a person is in violation may constitute a
separate violation. The maximum fine shall not exceed One Thousand
Dollars ($1,000.00).

SECTION 538. AMENDATORY 59 O.S. 2021, Section 1322, is
amended to read as follows:

Section 1322. A. Every bondsman shall file with the
undertaking an affidavit stating whether or not the bondsman or
anyone for the use of the bondsman has been promised or has received
any security or consideration for the undertaking, and if so, the
nature and description of security and amount thereof, and the name
of the person by whom the promise was made or from whom the security
or consideration was received. Any willful misstatement in the
affidavit relating to the security or consideration promised or
given shall render the person making it subject to the same
prosecution and penalty as one who commits the felony of perjury, a
Class D1 felony offense punishable as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.

B. An action to enforce any indemnity agreement shall not lie
in favor of the surety against the indemnitor, except with respect
to agreements set forth in the affidavit. In an action by the
indemnitor against the surety to recover any collateral or security
given by the indemnitor, the surety shall have the right to retain
only the security or collateral as it mentioned in the affidavit
required by this section.

C. If security or consideration other than that reported on the
original affidavit is received after the affidavit is filed with the
court clerk, an amended affidavit shall be filed with the court
clerk indicating the receipt of security or consideration.

D. If a bondsman accepts a mortgage on real property as
collateral on a bond, the bondsman shall file a copy of the mortgage
with the bond within thirty (30) days of receipt of the mortgage.
The Commissioner shall have the authority to extend or waive this
requirement.

SECTION 539. AMENDATORY 59 O.S. 2021, Section 1335, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 513
Section 1335. Whoever, having been admitted to bail for
appearance before any district court in the State of Oklahoma, (1)
incurs a forfeiture of the bail and willfully fails to surrender
himself within thirty (30) days following the date of such
forfeiture, or (2) willfully fails to comply with the terms of his
personal recognizance, shall be guilty of a Class D1 felony offense
and shall be fined not more than Five Thousand Dollars ($5,000.00),
or imprisoned not more than two (2) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or both.

SECTION 540. AMENDATORY 59 O.S. 2021, Section 1512, is
amended to read as follows:

Section 1512. A. Rule Making Power. The Administrator shall
have the same authority to adopt, amend and repeal rules as is
conferred upon him by paragraph (e) of subsection (1), and
subsections (2) and (3) of Section 6-104 of Title 14A of the
Oklahoma Statutes, as applicable, and such rules shall have the same
effect as provided in subsection (4) of Section 6-104 thereunder.
In addition, the Administrator may adopt, amend and repeal such
other rules as are necessary for the enforcement of the provisions
of Section 1501 et seq. of this title and consistent with all its
provisions.

B. Administrative Enforcement. Compliance with the provisions
of this act may be enforced by the Administrator who may exercise,
for such purpose, all the powers enumerated in Part 1 of Article 6,
Title 14A of the Oklahoma Statutes, in the same manner as in
relation to consumer credit transactions under that act, as well as
those powers conferred in this act.

C. Criminal Penalties. 1. Any person who engages in the
business of operating a pawn shop without first securing the license
prescribed by this act shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not in excess of One
Thousand Dollars ($1,000.00), by confinement in the county jail for
not more than six (6) months or by both.

2. Any person selling or pledging property to a pawnbroker who
uses false or altered identification or a false declaration of
ownership as related to the provisions of Section 1515 of this title
shall be punished as follows:

ENR. H. B. NO. 2104 Page 514
a. if the value of the property is less than One Thousand
Dollars ($1,000.00), the person shall, upon
conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for a term not to
exceed one (1) year, or by a fine not to exceed Five
Hundred Dollars ($500.00), or by both such
imprisonment and fine,

b. if the value of the property is One Thousand Dollars
($1,000.00) or more but less than Two Thousand Five
Hundred Dollars ($2,500.00), the person shall, upon
conviction, be guilty of a Class D1 felony offense
punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed two
(2) years or in the county jail for a term not to
exceed one (1) year as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and
fine,

c. if the value of the personal property is Two Thousand
Five Hundred Dollars ($2,500.00) or more but less than
Fifteen Thousand Dollars ($15,000.00), the person
shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of
the Department of Corrections for a term not to exceed
five (5) years or in the county jail for a term not to
exceed one (1) year as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and
fine, or

d. if the value of the personal property is Fifteen
Thousand Dollars ($15,000.00) or more, the person
shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment in the custody of
the Department of Corrections for a term not to exceed
eight (8) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and
fine.

ENR. H. B. NO. 2104 Page 515
3. Any person who fails to repay a pawnbroker the full amount
received from a pawn or buy transaction after being officially
notified by a peace officer that the goods he or she pledged or sold
in that transaction were stolen or embezzled shall, upon conviction,
be guilty of a misdemeanor punishable by imprisonment in the county
jail for a term not to exceed six (6) months, or a fine not to
exceed Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.

D. Private Enforcement. 1. If any person engages in the
business of operating a pawnshop without first securing the license
prescribed by this act, or if any pawnbroker contracts for, charges
or receives a pawn finance charge in excess of that authorized by
this act, the pawn transaction shall be void and the customer is not
obligated to pay either the amount financed or the pawn finance
charge in connection with the transaction, and upon the customer's
demand, the pawnbroker shall be obligated to return to the customer,
as a refund, all amounts paid in connection with the transaction by
the customer and the pledged goods delivered to the pawnbroker in
connection with the pawn transaction or their value if the goods
cannot be returned. If a customer is entitled to a refund under
this section and a pawnbroker liable to the customer refuses to make
the refund within a reasonable time after demand, the customer shall
have an action against the pawnbroker and in the case of a
successful action to enforce such liability, the costs of the action
together with attorney fees as determined by the court shall be
awarded to the customer.

2. A pawnbroker who fails to disclose information to a customer
entitled to the information under this act is liable to that person
in an amount equal to the sum of:

a. twice the amount of the pawn finance charge in
connection with the transaction, or One Hundred
Dollars ($100.00), whichever is greater, and

b. in the case of a successful action to enforce the
liability under paragraph 1 of this subsection, the
costs of the action together with reasonable attorney
fees as determined by the court.

SECTION 541. AMENDATORY 59 O.S. 2021, Section 1750.11,
is amended to read as follows:

ENR. H. B. NO. 2104 Page 516
Section 1750.11. A. Unless otherwise prescribed by law, any
person convicted of violating any provision of the Oklahoma Security
Guard and Private Investigator Act or a rule or regulation
promulgated pursuant to the Oklahoma Security Guard and Private
Investigator Act shall be guilty of a misdemeanor punishable by
imprisonment for not more than sixty (60) days, or by a fine of not
more than Two Thousand Dollars ($2,000.00), or by both such
imprisonment and fine.

B. Any person who willfully makes a false statement, knowing
such statement is false, in any application to the Council on Law
Enforcement Education and Training for a license pursuant to the
Oklahoma Security Guard and Private Investigator Act, or who
otherwise commits a fraud in connection with such application, shall
be guilty of a Class D1 felony offense punishable by a term of
imprisonment for not less than two (2) years nor more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or by a fine of not more than Two
Thousand Dollars ($2,000.00), or by both such imprisonment and fine.

SECTION 542. AMENDATORY 61 O.S. 2021, Section 115, is
amended to read as follows:

Section 115. Any agreement or collusion among bidders,
prospective bidders or material suppliers in restraint of freedom of
competition by agreement to bid at a fixed price or to refrain from
bidding, or otherwise, shall render the bids of such bidders void.
Persons willfully violating this section shall be guilty of a Class
D1 felony offense and shall be punished by imprisonment as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes. Each bidder shall accompany the bid with a sworn
statement that the bidder has not been a party to any such
agreement. The form of the statement shall be substantially as
provided in Section 85.22 of Title 74 of the Oklahoma Statutes, but
modified in wording to refer to the appropriate public agency
requesting bids.

SECTION 543. AMENDATORY 61 O.S. 2021, Section 116, is
amended to read as follows:

Section 116. A. Any disclosure by an employee of a public
agency of the terms of a bid submitted in response to a bid notice
issued by a public agency in advance of the time set for opening of
all bids so submitted shall be unlawful. It shall also be unlawful
for any person to solicit, possess or receive information which is
ENR. H. B. NO. 2104 Page 517
to be contained in a bid notice of a public agency, for use in
preparing a bid, in advance of the date on which said bid notice is
to be made equally and uniformly known to all prospective bidders
and the public, and it shall further be unlawful for any employee of
a public agency to withhold or impede the distribution of said
information after notice of the bid has been given, unless the
solicitation of bids has been withdrawn or the particular
information in question has been deleted or replaced through
alteration of the bid notice and said withdrawal or alteration has
been made equally and uniformly known. Any violation of this
subsection shall be a Class D1 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes and shall render the
proceedings void and require solicitation and award anew.

B. The estimate of the actual cost of the project made by the
public agency, construction manager or consultant for the agency
shall not be considered confidential and shall be available to the
public in accordance with the Oklahoma Open Records Act.

SECTION 544. AMENDATORY 62 O.S. 2021, Section 81, is
amended to read as follows:

Section 81. Any official or employee thereof or any member or
employee of any state board or state commission who shall fail,
neglect or refuse to comply with the requirements of Section two (2)
hereof, or any other provision of this act, shall forfeit and pay to
the use of the State of Oklahoma the sum of Twenty-five Dollars
($25.00) per day for each and every day that he shall so fail,
neglect or refuse to comply with requirements of said act, and shall
forfeit and be removed from office; and any such official who shall
issue, sign, attest or utter any false or illegal voucher against
any monies deposited, as in this act provided, shall be liable to
the state on his official bond for a sum double in amount of any
such illegal or fraudulent voucher, and shall be deemed guilty of a
Class D1 felony offense, and upon conviction thereof shall be
punished by a fine in a sum of not less than One Hundred Dollars
($100.00) nor more than One Thousand Dollars ($1,000.00) and by
imprisonment in the State Penitentiary for a term of not less than
one (1) year nor more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.

SECTION 545. AMENDATORY 62 O.S. 2021, Section 604, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 518

Section 604. Any person who with intent to defraud uses on a
public security:

(a) 1. A facsimile signature, or any reproduction of it, of any
authorized officer,; or

(b) 2. Any facsimile seal, or any reproduction of it, of this
state or of any of its departments, agencies, or other
instrumentalities or of any of its political subdivisions or
districts,

is guilty of a Class D1 felony offense and shall be punishable as
provided by Section 9 for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes.

SECTION 546. AMENDATORY 63 O.S. 2021, Section 2-404, is
amended to read as follows:

Section 2-404. A. It shall be unlawful for any person:

1. Who is subject to the requirements of Article III of this
act to distribute or dispense a controlled dangerous substance in
violation of Section 2-308 of this title;

2. Who is a registrant to manufacture, distribute, or dispense
a controlled dangerous substance not authorized by his registration
to another registrant or other authorized person;

3. To omit, remove, alter, or obliterate a symbol required by
the Federal Controlled Substances Act or this act;

4. To refuse or fail to make, keep, or furnish any record,
notification, order form, statement, invoice, or information
required under this act;

5. To refuse any entry into any premises or inspection
authorized by this act; or

6. To keep or maintain any store, shop, warehouse, dwelling
house, building, vehicle, boat, aircraft, or any place whatever,
which is resorted to by persons using controlled dangerous
substances in violation of this act for the purpose of using such
substances, or which is used for the keeping or selling of the same
in violation of this act.
ENR. H. B. NO. 2104 Page 519

B. Any person who violates this section is punishable by a
civil fine of not more than One Thousand Dollars ($1,000.00);
provided, that, if the violation is prosecuted by an information or
indictment which alleges that the violation was committed knowingly
or intentionally, and the trier of fact specifically finds that the
violation was committed knowingly or intentionally, such person is
guilty of a Class D1 felony offense punishable by imprisonment for
not more than five (5) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, and a
fine of not more than Ten Thousand Dollars ($10,000.00), except that
if such person is a corporation it shall be subject to a civil
penalty of not more than One Hundred Thousand Dollars ($100,000.00).
The fine provided for in this subsection shall be in addition to
other punishments provided by law and shall not be in lieu of other
punishment.

C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes and by twice the
fine otherwise authorized. The fine provided for in this subsection
shall be in addition to other punishments provided by law and shall
not be in lieu of other punishment.

D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.

SECTION 547. AMENDATORY 63 O.S. 2021, Section 2200.16A,
is amended to read as follows:

Section 2200.16A. A. Except as otherwise provided in
subsection B of this section, a person that, for valuable
consideration, knowingly purchases or sells a part for
transplantation or therapy if removal of a part from an individual
is intended to occur after the individual’s death commits a Class D1
felony offense and upon conviction is subject to a fine of not more
than Fifty Thousand Dollars ($50,000.00), or imprisonment for not
more than five (5) years as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes, or both such
fine and imprisonment.

ENR. H. B. NO. 2104 Page 520
B. A person may charge a reasonable amount for the removal,
processing, preservation, quality control, storage, transportation,
implantation, or disposal of a part.

SECTION 548. AMENDATORY 63 O.S. 2021, Section 2200.17A,
is amended to read as follows:

Section 2200.17A. A person that, in order to obtain a financial
gain, intentionally falsifies, forges, conceals, defaces, or
obliterates a document of gift, an amendment or revocation of a
document of gift, or a refusal commits a Class D1 felony offense and
upon conviction is subject to a fine of not more than Fifty Thousand
Dollars ($50,000.00), or imprisonment for not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or both such fine and
imprisonment.

SECTION 549. AMENDATORY 63 O.S. 2021, Section 4209, is
amended to read as follows:

Section 4209. A person not entitled to possession of a vessel
or motor who, without the consent of the owner and with intent to
deprive him of the vessel or motor or its possession, takes, uses,
or operates the vessel or motor, upon conviction, shall be guilty of
a Class D1 felony offense and shall be punished by a fine of not
more than One Thousand Dollars ($1,000.00), or by imprisonment for
not more than five (5) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment.

SECTION 550. AMENDATORY 63 O.S. 2021, Section 4209.1, is
amended to read as follows:

Section 4209.1. A person not entitled to the possession of a
vessel or motor who receives, possesses, sells or disposes of such
vessel or motor, knowing said vessel or motor to be stolen or
converted under circumstances constituting a crime, upon conviction,
shall be guilty of a Class D1 felony offense and shall be punished
by a fine of not more than One Thousand Dollars ($1,000.00), or by
imprisonment for not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment.

SECTION 551. AMENDATORY 63 O.S. 2021, Section 4209.2, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 521

Section 4209.2. A. As used in this section:

1. "Identification number" includes any identifying number,
serial number, motor serial number or other distinguishing number or
mark, placed on a vessel or motor by its manufacturer or by
authority of the Oklahoma Tax Commission or in accordance with the
laws of another state or country;

2. "Remove" includes deface, cover and destroy; and

3. "Falsify" includes alter and forge.

B. Any person or persons who shall remove or falsify or cause
to be removed or falsified the hull identification number of a
vessel or motor in this state, without first giving notice of such
act to the Oklahoma Tax Commission, upon such form as the Commission
may prescribe, or any person who shall give a wrong description in
any application for the registration of any vessel or motor in this
state for the purpose of concealing or hiding the identity of such
vessel or motor, upon conviction, shall be guilty of a Class D1
felony offense and shall be punished by imprisonment in the State
Penitentiary for a term of not less than one (1) year and not more
than five (5) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.

C. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified, upon conviction,
shall be guilty of a misdemeanor.

D. A person who buys, receives, possesses, sells or disposes of
a vessel or motor, knowing that the identification number of the
vessel or motor has been removed or falsified and with intent to
conceal or misrepresent the identity of the vessel or motor, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment for not more than five (5) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment.

E. An identification number may be placed on a vessel or motor
by its manufacturer in the regular course of business or placed or
restored on a vehicle or engine by authority of the Commission
ENR. H. B. NO. 2104 Page 522
without violating this section. An identification number so placed
or restored is not falsified.

SECTION 552. AMENDATORY 63 O.S. 2021, Section 4209.3, is
amended to read as follows:

Section 4209.3. Any person who shall knowingly make any false
statement of a material fact, either in his application for a
certificate of title, as provided for in this title, or in any
assignment thereof, or who, with intent to procure or pass title to
a vessel or motor which he knows or has reason to believe has been
stolen, or who shall receive or transfer possession of the same from
or to another, or who shall have in his possession any vessel or
motor which he knows or has reason to believe has been stolen, and
who is not a duly authorized peace officer of this state engaged at
the time in the performance of his duty as such officer, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished by a fine of not less than One Hundred Dollars ($100.00)
and not more than Five Thousand Dollars ($5,000.00), or imprisonment
in the State Penitentiary for a period of not less than one (1) year
nor more than ten (10) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment, at the discretion of the court.
This provision shall not be exclusive of any other penalties
prescribed by an existing or future law for the larceny or
unauthorized taking of a vessel or motor.

SECTION 553. AMENDATORY 63 O.S. 2021, Section 4209.4, is
amended to read as follows:

Section 4209.4. Any person who shall alter or forge, or cause
to be altered or forged, any certificate of title issued by the
Oklahoma Tax Commission, pursuant to the provisions of this title,
or any assignment thereof, or who shall hold or use any such
certificate or assignment, knowing the same to have been altered or
forged, upon conviction, shall be guilty of a Class D1 felony
offense and shall be punished by a fine of not less than Fifty
Dollars ($50.00), and not more than Five Thousand Dollars
($5,000.00), or by imprisonment in the State Penitentiary for a
period of not less than one (1) year, nor more than ten (10) years
as provided for in subsections B through F of Section 20N of Title
21 of the Oklahoma Statutes, or by both such fine and imprisonment,
at the discretion of the court.

ENR. H. B. NO. 2104 Page 523
SECTION 554. AMENDATORY 64 O.S. 2021, Section 1026, is
amended to read as follows:

Section 1026. Any employee of the Commissioners of the Land
Office who shall knowingly and without authority and in violation of
the records destruction policy destroy, forge, falsify, steal,
mutilate, hide or intentionally misplace any of the records, files,
computer data or any other property of the Commissioners of the Land
Office, or who knowingly permits or causes the unlawful destruction,
forgery, falsifying, stealing, mutilating, hiding or intentional
misplacing of any of the records of the Commissioners of the Land
Office, shall be deemed guilty of a Class D1 felony offense, and
upon conviction shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment in the custody of
the Department of Corrections not exceeding five (5) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both fine and imprisonment, and
shall be immediately discharged by the Commissioners of the Land
Office upon discovery of the acts.

SECTION 555. AMENDATORY 64 O.S. 2021, Section 1094, is
amended to read as follows:

Section 1094. Any person who prospects for minerals owned by
the State of Oklahoma, under the jurisdiction and control of the
Commissioners of the Land Office, without a prospecting permit, or
who removes any such minerals without a lease contract, contrary to
the provisions of this act, or who violates any other terms or
provisions of this act, shall be guilty of a Class D1 felony offense
and upon conviction shall be punished by a fine of not less than
Fifty Dollars ($50.00) and not to exceed Fifty Thousand Dollars
($50,000.00), or by imprisonment for not less than thirty (30) days
and not to exceed ten (10) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment.

SECTION 556. AMENDATORY 66 O.S. 2021, Section 304, is
amended to read as follows:

Section 304. A. The Department of Transportation is hereby
authorized and empowered:

1. To acquire, construct, reconstruct, repair, replace, operate
and maintain railroad rights-of-way and trackage projects at such
ENR. H. B. NO. 2104 Page 524
locations and on such routes as it shall determine to be feasible
and economically sound;

2. To enter into agreements with the owners of operating
railroads for the acquisition and/or use of railroad rights-of-way
and trackage on such terms, conditions, rates or rentals as the
Department may consider to be in the best interests of the state;

3. To enter directly into agreements with owners of operating
railroads or persons intending to operate as common carriers by rail
to sell, lease, or sell by lease-purchase agreement any state-owned
railroad property on such terms, conditions or amounts as the
Department may consider to be in the best interests of the state and
to promote the purposes of the Railroad Revitalization Act;

4. Prior to the sale of any railroad asset owned by the State
of Oklahoma or the Department of Transportation, a process of
request for proposal shall be initiated by the Department of
Transportation with consultation by the Office of Management and
Enterprise Services. Upon the issue date of a request for proposal
regarding the sale of any railroad asset owned by the State of
Oklahoma or the Department of Transportation, interested parties
will have no less than ninety (90) days to provide a response.
Following the close of the ninety-day response period, the
Department of Transportation will conduct an evaluation of all
submitted proposals, utilizing all available resources, and the
Department of Commerce shall conduct an economic impact and/or
activity study of all proposals. The Secretary of Transportation,
Secretary of Finance, Secretary of Commerce, Secretary of
Agriculture, and Secretary of Energy shall be responsible for
preparing a recommendation to the Transportation Commission, based
on its evaluation of all submitted proposals including the results
of the economic impact and/or activity study, provided the
recommendation meets all other statutory requirements needed for
action by the Commission. The Secretary of Transportation,
Secretary of Finance, Secretary of Commerce, Secretary of
Agriculture, and Secretary of Energy will have up to ninety (90)
days, upon the closing date of the request for proposal, to present
its recommendation to the Transportation Commission. The
Transportation Commission will be responsible for determining if the
sale of railroad assets within its jurisdiction is in the best
interests of the State of Oklahoma and for authorizing the sale of
such assets. If a determination is rendered by the Transportation
Commission that the sale of any railroad asset within its
jurisdiction is appropriate, notification must be made to the
ENR. H. B. NO. 2104 Page 525
Speaker of the House of Representatives and the President Pro
Tempore of the Senate in writing prior to the Commission meeting
where final action will take place. All proceeds from the sale
shall be deposited into the Railroad Maintenance Revolving Fund;

5. To acquire and hold real or personal property in the
exercise of its powers for the performance of its duties as
authorized by this act. Surplus property may be disposed of by the
Department;

6. To acquire in the name of the Department, by purchase or
otherwise on such terms and conditions and in such manner as it may
deem proper, or by exercise of the right of condemnation, such
public or private lands and personalty, including public parks,
playgrounds, or reservations, or parts thereof or rights therein,
rights-of-way, trackage, property, rights, easements, and interests,
as it may deem necessary for carrying out the provisions of the
Railroad Revitalization Act;

7. To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under the Railroad Revitalization Act, and
to employ rail planning and management consultants, consulting
engineers, attorneys, accountants, construction and financial
consultants, superintendents, managers, and such other employees and
agents as may be necessary in its judgment, and to fix their
compensation; provided, that all such expenses shall be payable
solely from funds made available under and pursuant to the
provisions of the Railroad Revitalization Act or from revenues;
provided, further, no attorney employed by the Department, nor any
member of any law firm of which the member may be connected, shall
ever be paid any fee or compensation for any special or
extraordinary services;

8. To receive, accept and expend funds from the state, any
federal agency, or from private sources, for rail planning and for
administration of railroad assistance projects, and for or in aid of
the acquisition, construction, reconstruction, replacement, repair,
maintenance and operation of railroad rights-of-way and trackage and
for rail service continuation payments to railroad companies for
operating losses sustained by reasons of continuing service on a
line which may otherwise be abandoned or which may experience a
reduced level of service not in the public interest, where such
continuation of service is carried out under a written agreement
with the Department establishing the terms and conditions for such
ENR. H. B. NO. 2104 Page 526
payments, and to receive and accept funds, aid or contributions from
any source of either money, property, labor or other things of
value, to be held, used and applied only for the purposes for which
such funds, aid or contributions may be made;

9. To adopt such rules and to do any and all things necessary
to comply with rules, regulations or requirements of the United
States Department of Transportation, any successor thereof, the
Surface Transportation Board or any federal agency administering any
law enacted by the Congress of the United States or having funds
available for the purpose of the Department that are not
inconsistent with or contrary to the prohibitions and restrictions
of Oklahoma law or public interest;

10. To expend, not to exceed twenty percent (20%) of the funds
available in the Railroad Maintenance Revolving Fund during any one
(1) year, at locations approved by the Oklahoma Corporation
Commission, such Railroad Maintenance Revolving Fund monies as may
be budgeted by the Department of Transportation for the purposes of
installing signal lights, gate arms, or other active warning devices
where any public road, street, or highway crosses a railroad right-
of-way; provided, however, nothing in this act shall negate, change,
or otherwise modify any existing statutory or common law duty of a
railroad company;

11. To expend income and funds from the Railroad Maintenance
Revolving Fund in the exercise of any or all of the foregoing
powers; and

12. To do all things necessary or convenient to carry out the
powers expressly granted in this act.

B. It shall be unlawful for any member, officer or employee of
the Department to transact with the Department, either directly or
indirectly, any business for profit of such member, officer or
employee; and any person, firm or corporation knowingly
participating therein shall be equally liable for violation of this
provision.

The term "business for profit" shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift, or
consideration to such member, officer or employee.

Violation of this provision shall constitute a Class D1 felony
offense and upon conviction shall be punishable by incarceration in
ENR. H. B. NO. 2104 Page 527
the State Penitentiary for a term not to exceed five (5) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by a fine of not less than Five Hundred
Dollars ($500.00) and not more than Five Thousand Dollars
($5,000.00), or by both such imprisonment and fine.

C. All meetings of the Department shall be open public
meetings, and all records shall be public records, except when
considering personnel.

SECTION 557. AMENDATORY 66 O.S. 2021, Section 324, is
amended to read as follows:

Section 324. A. The Department of Transportation is hereby
authorized and empowered to:

1. Acquire, construct, reconstruct, repair, replace, operate
and maintain railroad rights-of-way and trackage projects at such
locations and on such passenger routes as it shall determine to be
feasible and economically sound;

2. Enter into agreements with the owners of operating railroads
for the acquisition and/or use of railroad rights-of-way and
trackage on such terms, conditions, rates or rentals as the
Department may consider to be in the best interests of the state;

3. Enter directly into agreements with owners of operating
passenger railroads to sell, lease, or sell by lease-purchase
agreement any state-owned railroad property on such terms,
conditions or amounts as the Department may consider to be in the
best interests of the state and to promote the purposes of this act;

4. Acquire and hold real or personal property in the exercise
of its powers for the performance of its duties as authorized by
this act. Surplus property may be disposed of by the Department;

5. Acquire in the name of the Department, by purchase or
otherwise on such terms and conditions and in such manner as it may
deem proper, or by exercise of the right of condemnation, such
public or private lands and personality personalty, including public
parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, trackage, property, rights, easements, and
interests, as it may deem necessary for carrying out the provisions
of this act;

ENR. H. B. NO. 2104 Page 528
6. Make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution of
its powers under this act, and to employ passenger rail planning and
management consultants, consulting engineers, attorneys,
accountants, construction and financial consultants,
superintendents, managers, and such other employees and agents as
may be necessary in its judgment, and to fix their compensation;
provided, that all such expenses shall be payable solely from funds
made available under and pursuant to the provisions of this act or
from revenues; provided, further, no attorney employed by the
Department, nor any member of any law firm of which he or she may be
connected, shall ever be paid any fee or compensation for any
special or extraordinary services;

7. Receive, accept and expend funds from the state, any federal
agency, or from private sources, for passenger rail planning and for
administration of passenger railroad assistance projects, and for,
or in aid of the acquisition, construction, reconstruction,
replacement, repair, maintenance and operation of passenger railroad
rights-of-way and trackage and for passenger rail service
continuation payments to railroad companies for operating losses
sustained by reasons of continuing service on a line which may
otherwise be abandoned or which may experience a reduced level of
service not in the public interest, where such continuation of
service is carried out under a written agreement with the Department
establishing the terms and conditions for such payments, and to
receive and accept funds, aid or contributions from any source of
either money, property, labor or other things of value, to be held,
used and applied only for the purposes for which such funds, aid or
contributions may be made;

8. Adopt such rules and to do any and all things necessary to
comply with rules, regulations or requirements of the United States
Department of Transportation, any successor thereof, the Interstate
Commerce Commission or any federal agency administering any law
enacted by the Congress of the United States or having funds
available for the purpose of the Department that are not
inconsistent with or contrary to the prohibitions and restrictions
of Oklahoma law or public interest;

9. Expend income and funds from the Oklahoma Tourism and
Passenger Rail Revolving Fund created in Section 5 of this act in
the exercise of any or all of the foregoing powers; and

ENR. H. B. NO. 2104 Page 529
10. Do all things necessary or convenient to carry out the
powers expressly granted in this act.

B. It shall be unlawful for any member, officer or employee of
the Department to transact with the Department, either directly or
indirectly, any business for profit of such member, officer or
employee; and any person, firm or corporation knowingly
participating therein shall be equally liable for violation of this
provision.

The term "business for profit" shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift, or
consideration to such member, officer or employee.

Violation of this provision shall constitute a Class D1 felony
offense and, upon conviction, shall be punishable by a fine of not
less than Five Hundred Dollars ($500.00) and not more than Five
Thousand Dollars ($5,000.00), or by imprisonment in the custody of
the Department of Corrections for not more than five (5) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment.

C. All meetings of the Department shall be open public
meetings, and all records shall be public records, except when
considering personnel.

SECTION 558. AMENDATORY 67 O.S. 2021, Section 83, is
amended to read as follows:

Section 83. If any officer or person having possession, custody
or control of any record, book, paper taxroll, assessment, or any
other file or matter of record, authorized herein to be copied or
transcribed, shall fail, refuse, or neglect, or in any manner hinder
or delay, after demand shall have been made to permit such
transcribing or copying, or who shall destroy, mutilate, conceal or
remove any such record, book, paper, taxroll, assessment, or any
other file or matter of record, or other evidence so required to be
copied or transcribed, or who shall cause or permit to be removed
from its customary place any such record, book, paper, taxroll,
assessment, or any other file or matter of record, or who shall
refuse upon request to divulge the location of any such record,
book, paper, taxroll, assessment, or any other file or matter of
record, shall be deemed guilty of a Class D1 felony offense, and
upon conviction in any court of competent jurisdiction shall be
fined in any sum not less than Two Hundred Fifty Dollars ($250.00)
ENR. H. B. NO. 2104 Page 530
nor more than Three Thousand Five Hundred Dollars ($3,500.00) and
confined in the State Penitentiary for a term of not less than one
(1) year and not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, and any person so convicted shall be forever barred from
holding any office of profit or trust within the State of Oklahoma.

SECTION 559. AMENDATORY 68 O.S. 2021, Section 240.1, is
amended to read as follows:

Section 240.1. A. Any taxpayer who, with intent to defraud the
state or evade the payment of any state tax, fee, interest, or
penalty which shall be due pursuant to any state tax law, shall fail
or refuse to file any report or return required to be filed pursuant
to the provisions of any state tax law, or shall fail or refuse to
furnish a supplemental return or other data required by the Tax
Commission, shall be guilty, upon conviction, of a Class D1 felony
offense and shall be punished by imposition of a fine of not less
than One Thousand Dollars ($1,000.00) and not more than Fifty
Thousand Dollars ($50,000.00), or by imprisonment in the State
Penitentiary for not less than two (2) years and not more than five
(5) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

B. The venue for prosecutions arising pursuant to the
provisions of this section shall be in the district court of any
county in which such taxpayer resides or, if such taxpayer is not a
resident of this state, any county in which such taxpayer conducts
business or maintains an established place of business.

C. Failure or refusal of a taxpayer to file any report or
return required to be filed pursuant to the provisions of any state
law, or failure or refusal of a taxpayer to furnish a supplemental
return or other data required by the Tax Commission within thirty
(30) days after notice by personal service or by registered or
certified mail with return receipt requested of the due date of such
report or return, shall be, for purposes of this section, prima
facie evidence of intent of the taxpayer to defraud the state and
evade the payment of such tax. The provisions of this subsection
shall be set forth in full in such notice to the taxpayer.

D. The Tax Commission may grant additional time to the taxpayer
to furnish such return or other data. In such event, a failure of
the taxpayer to furnish such return or other data within thirty (30)
ENR. H. B. NO. 2104 Page 531
days from the date to which the time is extended shall, for purposes
of this section, be prima facie evidence of the intent of the
taxpayer to defraud the state and evade the payment of such tax.

SECTION 560. AMENDATORY 68 O.S. 2021, Section 241, is
amended to read as follows:

Section 241. A. Any person required to make, render, sign or
verify any report, return, statement, claim, application, or other
instrument, pursuant to the provisions of this title or of any state
tax law who, with intent to defeat or evade the payment of the tax,
shall make a false or fraudulent return, statement, report, claim,
invoice, application, or other instrument, or any person who shall
aid or abet another in filing with the Tax Commission such a false
or fraudulent report or statement, shall be guilty, upon conviction,
of a Class D1 felony offense and shall be punished by the imposition
of a fine of not less than One Thousand Dollars ($1,000.00) and not
more than Fifty Thousand Dollars ($50,000.00), or shall be
imprisoned in the State Penitentiary for not less than two (2) years
and not more than five (5) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or
shall be punished by both said fine and imprisonment.

B. The venue of prosecutions arising pursuant to the provisions
of this section shall be in the district court of any county where
such return or report was verified.

SECTION 561. AMENDATORY 68 O.S. 2021, Section 450.8, is
amended to read as follows:

Section 450.8. A. Any dealer violating the provisions of this
act, except Section 450.9 of this title, shall pay a civil penalty
of one hundred percent (100%) of the amount of the tax levied in
Section 450.2 of this title in addition to the actual tax levied in
said section.

B. Any dealer manufacturing, distributing, producing, shipping,
transporting, importing or possessing any controlled dangerous
substance without affixing the appropriate stamp, upon conviction,
is guilty of a Class D1 felony offense punishable by imprisonment in
the State Penitentiary for not more than five (5) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or by the imposition of a fine of not more than
Ten Thousand Dollars ($10,000.00), or by both such imprisonment and
fine.
ENR. H. B. NO. 2104 Page 532

C. Nothing in this act may in any manner provide immunity for a
dealer from criminal prosecution pursuant to Oklahoma law.

SECTION 562. AMENDATORY 68 O.S. 2021, Section 450.9, is
amended to read as follows:

Section 450.9. A. No person shall willfully remove or
otherwise prepare any adhesive stamps, with intent to use, or cause
the same to be used, after it has already been used or knowingly or
willfully buy, sell, offer for sale, or give away, any such washed
or restored stamp to any person, or knowingly use the same, or have
in his possession any washed, restored, or altered stamp which has
been removed from the controlled dangerous substance to which it had
been previously affixed.

B. No person shall for the purpose of indicating the payment of
any tax levied by Section 450.2 of this title, reuse any stamp which
has heretofore been used for the purpose of paying any tax levied by
Section 450.2 of this title, or buy, sell, offer for sale, or have
in his possession, any counterfeit stamps.

C. Any person convicted of violating any provision of this
section shall be guilty of a Class D1 felony offense and shall be
punished by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment for not more than five (5) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or by both such fine and imprisonment.

SECTION 563. AMENDATORY 68 O.S. 2021, Section 2003, is
amended to read as follows:

Section 2003. Any person who shall make any false oath to any
report required by the provisions of this Act act, shall be deemed
guilty of perjury, a Class D1 felony offense punishable as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes.

SECTION 564. AMENDATORY 68 O.S. 2021, Section 2376, is
amended to read as follows:

Section 2376. A. Any person, natural or corporate, or any
officer or agent of any corporation who, with the intent to defraud
the state or evade the payment of any income tax, shall fail to file
a state income tax return when such person is required to do so by
ENR. H. B. NO. 2104 Page 533
the statutes of Oklahoma, and within the time in which such returns
are required to be filed, or within a time extension if obtained
from the Tax Commission shall be guilty, upon conviction, of a
felony and shall be punished as provided for in Section 240.1 of
this title.

B. Any person, natural or corporate, or any officer or agent of
any corporation who, with the intent to defraud the state, or evade
the payment of any income tax, files a state income tax return which
is false in any material items or particular, shall be guilty, upon
conviction, of a Class D1 felony offense and shall be punished as
provided for in subsection A of Section 241 of this title.

C. Nothing in this section shall be construed to prevent the
state or any agency thereof from collecting any fees or penalties as
provided by law. Any corporate violator may be so fined.

D. Offenses defined in this section shall be reported to the
appropriate district attorney of this state by the Oklahoma Tax
Commission as soon as said offenses are discovered by the Commission
or its agents or employees. Any other provision of law to the
contrary notwithstanding, the Commission shall make available to the
appropriate district attorney, or to the authorized agent of said
district attorney, its records and files pertinent to such
prosecutions, and such records and files shall be fully admissible
for the purpose of such prosecutions.

SECTION 565. AMENDATORY 68 O.S. 2021, Section 2920, is
amended to read as follows:

Section 2920. If any county treasurer in this state or his
deputy, or any other person shall knowingly and willfully make,
issue, and deliver any tax receipt, or duplicate tax receipt,
required to be issued, by fraudulently making the tax receipt and
its duplicate, or the paper purporting to be its duplicate,
different from each other with the intent to defraud the State of
Oklahoma or any county in said state or any person whomsoever, such
county treasurer or deputy treasurer or other person shall be deemed
guilty of a Class D1 felony offense, and on conviction thereof shall
be sentenced to imprisonment in the State Penitentiary for a time
not less than one (1) year nor more than five (5) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 534
SECTION 566. AMENDATORY 68 O.S. 2021, Section 2945, as
amended by Section 4, Chapter 349, O.S.L. 2022 (68 O.S. Supp. 2024,
Section 2945), is amended to read as follows:

Section 2945. A. If any person shall knowingly and willfully
make or give under oath or affirmation a false and fraudulent list
of taxable personal property, or a false and fraudulent list of any
taxable personal property under the control of the person or
required to be listed by the person, or shall knowingly and
willfully make false answer to any question which may be put under
oath by any person, board or commission authorized to examine
persons under oath in relation to the value or amount of any taxable
personal property, the person shall be deemed guilty of the felony
of perjury, a Class D1 felony offense, and upon conviction shall be
punished by imprisonment as is provided by law for the punishment of
the felony of perjury for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes.

B. If any taxpayer, or any official, employee, or agent of the
taxpayer, shall fail or refuse, upon proper request, to permit the
inspection of any property or the examination of any books, records
and papers by any person authorized by the Ad Valorem Tax Code to do
so, or shall fail or refuse to comply with any subpoena duces tecum
legally issued under authority of this Code, the taxpayer shall be
stopped from questioning or contesting the amount or validity of any
assessment placed upon the property of the taxpayer to the board of
equalization. Nothing in this section shall impair or impede the
right of the taxpayer to appeal any order of the board of
equalization to the district court or Court of Tax Review as
provided for in Section 2880.1 of this title.

SECTION 567. AMENDATORY 68 O.S. 2021, Section 3609, is
amended to read as follows:

Section 3609. Any person making an application, claim for
payment or any report, return, statement or other instrument or
providing any other information pursuant to the provisions of this
act who willfully makes a false or fraudulent application, claim,
report, return, statement, invoice or other instrument or who
willfully provides any false or fraudulent information, or any
person who willfully aids or abets another in making such false or
fraudulent application, claim, report, return, statement, invoice or
other instrument or who willfully aids or abets another in providing
any false or fraudulent information, upon conviction, shall be
guilty of a Class D1 felony offense punishable by the imposition of
ENR. H. B. NO. 2104 Page 535
a fine of not less than One Thousand Dollars ($1,000.00) and not
more than Fifty Thousand Dollars ($50,000.00), or imprisonment in
the State Penitentiary for not less than two (2) years and not more
than five (5) years as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment. Any person convicted of a violation of this
section shall be liable for the repayment of all incentive payments
which were paid to the establishment. Interest shall be due on such
payments at the rate of ten percent (10%) per annum.

SECTION 568. AMENDATORY 68 O.S. 2021, Section 3807, is
amended to read as follows:

Section 3807. Any person making an application, claim for
payment or any report, return, statement or other instrument or
providing any other information pursuant to the provisions of the
Former Military Facility Development Act who willfully makes a false
or fraudulent application, claim, report, return, statement, invoice
or other instrument or who willfully provides any false or
fraudulent information, or any person who willfully aids or abets
another in making such false or fraudulent application, claim,
report, return, statement, invoice or other instrument or who
willfully aids or abets another in providing any false or fraudulent
application, claim, report, return, statement, invoice or other
instrument or who willfully aids or abets another in providing any
false or fraudulent information, upon conviction, shall be guilty of
a Class D1 felony offense punishable by the imposition of a fine of
not less than One Thousand Dollars ($1,000.00) and not more than
Fifty Thousand Dollars ($50,000.00), or imprisonment in the State
Penitentiary for not less than two (2) years and not more than five
(5) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment. Any person convicted of a violation of this section
shall be liable for the repayment of all incentive payments which
were paid to the establishment. Interest shall be due on such
payments at the rate of ten percent (10%) per annum.

SECTION 569. AMENDATORY 68 O.S. 2021, Section 4109, is
amended to read as follows:

Section 4109. Any person making an application, claim for
payment or any report, return, statement or other instrument or
providing any other information pursuant to the provisions of this
act who willfully makes a false or fraudulent application, claim,
report, return, statement, invoice or other instrument or who
ENR. H. B. NO. 2104 Page 536
willfully provides any false or fraudulent information, or any
person who willfully aids or abets another in making such false or
fraudulent application, claim, report, return, statement, invoice or
other instrument or who willfully aids or abets another in providing
any false or fraudulent information, upon conviction, shall be
guilty of a Class D1 felony offense punishable by the imposition of
a fine not less than One Thousand Dollars ($1,000.00) and not more
than Fifty Thousand Dollars ($50,000.00), or imprisonment in the
State Penitentiary for not less than two (2) years and not more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment. Any person convicted of a violation of this section
shall be liable for the repayment of all investment payments which
were paid to the establishment. Interest shall be due on such
payments at the rate of ten percent (10%) per annum.

SECTION 570. AMENDATORY 68 O.S. 2021, Section 4209, is
amended to read as follows:

Section 4209. Any person making an application, claim for
payment or any report, return, statement or other instrument or
providing any other information pursuant to the provisions of this
act who willfully makes a false or fraudulent application, claim,
report, return, statement, invoice or other instrument or who
willfully provides any false or fraudulent information, or any
person who willfully aids or abets another in making such false or
fraudulent application, claim, report, return, statement, invoice or
other instrument or who willfully aids or abets another in providing
any false or fraudulent information, upon conviction, shall be
guilty of a Class D1 felony offense punishable by the imposition of
a fine not less than One Thousand Dollars ($1,000.00) and not more
than Fifty Thousand Dollars ($50,000.00), or imprisonment in the
State Penitentiary for not less than two (2) years and not more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment. Any person convicted of a violation of this section
shall be liable for the repayment of all incentive payments which
were paid to the establishment. Interest shall be due on such
payments at the rate of ten percent (10%) per annum.

SECTION 571. AMENDATORY 69 O.S. 2021, Section 310, is
amended to read as follows:

Section 310. (a) A. No official or employee of the Commission,
governing body or other governmental instrumentality who is
ENR. H. B. NO. 2104 Page 537
authorized in his official capacity to negotiate, make, accept, or
approve, or to take part in negotiating, making, accepting or
approving any contract or subcontract in connection with a project
shall have, directly or indirectly, any financial or other personal
interest in any such contract or subcontract. No engineer,
attorney, appraiser, inspector or other person performing services
for the Commission, governing body, or other governmental
instrumentality in connection with a project shall have, directly or
indirectly, a financial or other personal interest, other than his
employment or retention by the Commission, governing body, or other
governmental instrumentality, in any contract or subcontract in
connection with such project. No officer or employee of such person
retained by the Commission, governing body or other governmental
instrumentality shall have, directly or indirectly, any financial or
other personal interest in any real property acquired for a project
unless such interest is openly disclosed upon the public records of
the Commission, the governing body or other governmental
instrumentality, and such officer, employee or person has not
participated in such acquisition for and in behalf of the
Commission, the governing body or other governmental
instrumentality.

(b) B. Any official or employee of the Commission, governing
body or other governmental instrumentality, or officer or employee
of such person retained by the Commission, the governing body or
other governmental instrumentality who knowingly violates any of the
provisions of this section shall be guilty of a Class D1 felony
offense and upon conviction thereof shall be punished by
imprisonment in the State Penitentiary for a term not to exceed five
(5) years as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or by both such imprisonment and
fine. In addition, if the Commission or the Director enters into
any contract on the part of the Department in which the Director or
any member of the Commission is interested, directly or indirectly,
and the state suffers a loss due to excessive charges or otherwise,
the members of the Commission knowingly voting to enter into or to
approve such contract, and the Director knowingly entering into,
approving, or recommending any such contract, and the contracting
party, shall be jointly and individually liable for any loss the
state may suffer. The official bonds of such officer shall be
liable for such loss. The provisions of this section shall be
cumulative to existing law. The members of the Commission and the
Director found guilty of violating any of the provisions of this
ENR. H. B. NO. 2104 Page 538
section shall in addition to the penalty heretofore set out forfeit
their respective offices.

(c) C. Any employee of the Department, Director or Commission,
who in the course of such employment knowingly accepts, approves, or
recommends for approval or payment any material, service, job,
project, or structure, or any part thereof, which does not meet the
specifications therefor, or is to his knowledge otherwise more
deficient in quality, quantity or design than was provided for in
the plans, purchase orders or any minimum standard provided by any
state agency or official, or by law, shall be guilty of a felony
and, upon conviction, shall be punished and penalized as provided by
this section.

(d) D. The ownership by any member of the Commission, or the
Director, of less than five percent (5%) of the stocks or shares
actually issued by a corporation contracting with the Department
shall not be considered an interest, directly or indirectly, in a
contract with such corporation within the meaning of this section,
and such ownership shall not affect the validity of any contract, or
impose liability under this section unless the owner of such stock
or shares is also an officer or agent of the corporation or
association. Ownership shall include any stock or shares standing
in the name of a member of the Commissioners' or Director's
immediate family or a family trust.

SECTION 572. AMENDATORY 69 O.S. 2021, Section 1705, is
amended to read as follows:

Section 1705. The Oklahoma Turnpike Authority is hereby
authorized and empowered:

(a) To adopt bylaws for the regulation of its affairs and
conduct of its business.

(b) To adopt an official seal and alter the same at pleasure.

(c) To maintain an office at such place or places within the
state as it may designate.

(d) To sue and be sued in contract, reverse condemnation,
equity, mandamus and similar actions in its own name, plead and be
impleaded; provided, that any and all actions at law or in equity
against the Authority shall be brought in the county in which the
principal office of the Authority shall be located, or in the county
ENR. H. B. NO. 2104 Page 539
of the residence of the plaintiff, or the county where the cause of
action arose. All privileges granted to the Authority and duties
enjoined upon the Authority by the provisions of Sections 1701
through 1734 of this title may be enforced in a court of competent
jurisdiction in an action in mandamus.

(e) To construct, maintain, repair and operate turnpike
projects and highways, with their access and connecting roads, at
such locations and on such routes as it shall determine to be
feasible and economically sound; provided, that until specifically
authorized by the Legislature, the Authority shall be authorized to
construct and operate toll turnpikes only at the following
locations:

(1) The Turner Turnpike between Oklahoma City and Tulsa.

(2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
City and Wichita Falls, Texas.

(3) The Northeastern (Will Rogers) Turnpike between Tulsa and
Joplin, Missouri.

(4) The Eastern (Indian Nation) Turnpike between Tulsa and
Paris, Texas, including all or any part thereof between McAlester
and the Red River south of Hugo.

(5) The Cimarron Turnpike between Tulsa and Interstate Highway
35 north of Perry, including a connection to Stillwater.

(6) The Muskogee Turnpike between Broken Arrow and Interstate
Highway 40 west of Webbers Falls.

(7) All or any part of an extension of the Muskogee Turnpike,
beginning at a point on Interstate Highway 40 near the present south
terminus of the Muskogee Turnpike, and extending in a southeasterly
direction on an alignment near Stigler, Poteau and Heavener to the
vicinity of the Arkansas State Line to furnish access to Hot
Springs, Texarkana, Shreveport and New Orleans.

(8) A tollgate on the Turner Turnpike in the vicinity of
Luther, Oklahoma, and in the vicinity of the intersection of State
Highway 33 and Turner Turnpike in Creek County, Oklahoma, or in the
vicinity of the intersection of State Highway 33 and Turner Turnpike
or U.S. Highway 66 in Creek County, Oklahoma, from any monies
available to the Authority.
ENR. H. B. NO. 2104 Page 540

(9) Add on the Will Rogers Turnpike a northbound automatic
tollgate onto State Highway 28 and a southbound on-ramp from State
Highway 28.

(10) A turnpike or any part or parts thereof beginning in the
vicinity of Duncan extending east to the vicinity of the City of
Davis, and extending in a northeasterly direction, by way of the
vicinity of the City of Ada, to a connection in the vicinity of
Henryetta or in the vicinity of the intersection of State Highway 48
and Interstate 40; and a turnpike or any part or parts thereof from
the vicinity of Snyder extending north to the vicinity of Woodward.

(11) A turnpike or any part or parts thereof beginning at a
point in the vicinity of Ponca City, or at a point on the Kansas-
Oklahoma state boundary line east of the Arkansas River and west of
the point where Oklahoma State Highway No. 18 intersects said state
boundary line, and extending in a southeasterly direction to a
connection with the Tulsa Urban Expressway System in the general
area of the Port of Catoosa.

(12) All or any part of an Oklahoma City toll expressway system
connecting the residential, industrial and State Capitol Complex in
the north part of Oklahoma City with the residential, industrial and
Will Rogers World Airport Complex in the south and southwest parts
of Oklahoma City.

(13) A turnpike (The Industrial Parkway) or any part or parts
thereof beginning at a point on the Oklahoma-Kansas state boundary
line between the point where U.S. Highway 66 intersects the boundary
line and the northeast corner of Oklahoma and ending by means of a
connection or connections with Shreveport, Louisiana, and Houston,
Texas, in southeastern Oklahoma and at no point to exceed thirty
(30) miles west of the Missouri or Arkansas border.

(14) A turnpike or any part or parts thereof beginning in the
vicinity of Velma or County Line to a point intersecting with
Interstate 35 in the area south of Davis.

(15) A turnpike or any part or parts thereof beginning in the
vicinity of Watonga and extending south and/or east to the vicinity
of north and/or west Oklahoma City.

ENR. H. B. NO. 2104 Page 541
(16) A tollgate on the Will Rogers Turnpike near the
intersection of State Highway 137 and the Will Rogers Turnpike,
located south of Quapaw.

(17) A tollgate on the Muskogee Turnpike in the vicinity of
Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in
the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
Turnpike at Elgin, Oklahoma, from any monies available to the
Authority.

(18) A tollgate on the Turner Turnpike in the vicinity of
Wellston, Oklahoma, from any monies available to the Authority.

(19) A tollgate on the Muskogee Turnpike in the vicinity of
Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
Oklahoma, from any monies available to the Authority.

(20) All or any part of an Oklahoma City Outer Loop expressway
system beginning in the vicinity of I-35 and the Turner Turnpike and
extending west into Canadian County and then south to I-40; and then
south and east to I-35 in the vicinity of Moore and Norman; and then
extending east and north to I-40 east of Tinker Field; and then
extending north to the Turner Turnpike to complete the Outer Loop.

(21) All or any part of the Tulsa south bypass expressway
system beginning in the vicinity of the Turner Turnpike near Sapulpa
and extending south and east to U.S. 75 in the vicinity of 96th
Street to 121st Street; and then east across the Arkansas River to a
connection with the Mingo Valley Expressway; and then south and/or
east to a point on the Tulsa-Wagoner County Line near 131st street
Street south in the city of Broken Arrow.

(22) A new turnpike or any part thereof from near the west gate
of the Will Rogers Turnpike south to the west end of south Tulsa
Turnpike at the Tulsa-Wagoner County Line.

(23) A new turnpike or any parts thereof from the vicinity of
the connection between State Highway 33 and U.S. 69 easterly to the
Arkansas State Line.

(24) A four-lane extension of the Muskogee Turnpike from
Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.

ENR. H. B. NO. 2104 Page 542
(25) A new turnpike or any part or parts thereof beginning at a
point in the vicinity of northwest Tulsa, and extending in a
northwesterly direction, by means of a connection or connections
with the cities of Pawhuska and Newkirk, to a point intersecting in
the vicinity of US U.S. Highway No. 77 and the Kansas State Line.

(26) A full access interchange on the Indian Nation Turnpike
south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
in the vicinity of the proposed theme park, museum or an industrial
facility which qualifies for the Oklahoma Quality Jobs Program Act,
from any monies available to the Authority.

(27) A new turnpike beginning at a point directly west of the
Arkansas line and four-laning Highway 70 from that point to the
farthest western reach of Highway 70 creating a southern route
through Oklahoma.

(28) A new turnpike and bridge or any parts thereof from a
point in the vicinity of the city of Mustang southerly across the
South Canadian River to the H.E. Bailey Turnpike in the vicinity of
the city of Tuttle; and then easterly across the South Canadian
River to a point in the vicinity of the city of Norman.

(29) A new turnpike or any parts thereof beginning at a point
in the vicinity of the city of Altus and extending in a
northwesterly direction to a point in the vicinity of the city of
Sayre.

(30) A new turnpike or any parts thereof beginning at a point
in the vicinity of the city of Enid and extending in a westerly
direction to a point in the vicinity of the city of Woodward.

(31) An on- and off-ramp or any parts thereof at Fletcher,
Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
intersection. Any existing on- or off-ramp or any parts thereof in
the vicinity of Fletcher, Oklahoma, shall not be removed and shall
be maintained pursuant to Section 1701 et seq. of this title.

(32) A new bridge crossing the Arkansas River between South
Delaware Avenue and Memorial Drive in Tulsa County. This project
shall commence upon a determination by the Oklahoma Transportation
Authority that such bridge shall be self-sufficient at some point
over a thirty-year time period from the toll charges associated with
the bridge project.

ENR. H. B. NO. 2104 Page 543
(33) An exit ramp or any parts thereof from the eastbound lane
of the Turner Turnpike at 96th Street in Tulsa.

(34) An on- and off-ramp or any parts thereof on the Cimarron
Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
municipal limits.

(35) A new turnpike or any parts thereof beginning at
Interstate 44 at or near its intersection with 49th West Avenue,
past State Highway 64/412, turning northeasterly, crossing 41st West
Avenue, and continuing eastward to the L.L. Tisdale Expressway in
Tulsa, Oklahoma.

All access roads, interchanges, or lead roads connecting such
turnpikes with existing highways must be built by funds furnished by
the Authority.

The minimum and maximum wages for the construction of the roads,
highways and projects provided for in Sections 1701 through 1734 of
this title shall be in accordance with the schedules of wages used
or adopted by the Commission in construction of state highways.

The Authority is hereby authorized to enter into contracts or
agreements with agencies and instrumentalities of other states or
the national government for construction, maintenance and operation
of interstate turnpikes or highways.

The Authority is hereby required to construct and install
automatic tollgates on the Will Rogers Turnpike at State Highway No.
28 near Adair.

(f) To issue turnpike revenue bonds of the Authority, payable
solely from revenues, including the revenues accruing to the trust
fund created by Sections 1701 through 1734 of this title, for the
purpose of paying all or any part of the cost of any one or more
turnpike projects. Provided that any bonds issued for the
construction of the proposed turnpike referred to in subparagraphs
(10), (20), (21) and (22) of paragraph (e) of this section shall be
issued as one issue for all four of the proposed turnpikes and shall
be financed, constructed and operated under one bond indenture.

(g) To fix and revise from time to time tolls for the use of
any turnpike projects.

ENR. H. B. NO. 2104 Page 544
Any common carrier having authority at the time of opening any
turnpike project to operate upon a highway approximately paralleling
the turnpike project shall be granted without further showing
authority to operate over the turnpike project to all municipalities
which such carrier is serving at the time the turnpike project is
opened to traffic. But nothing herein shall be construed as
granting any new operation rights to any common carriers.

(h) To acquire, hold, and dispose of real and personal property
in the exercise of its powers and the performance of its duties.

(i) To acquire in the name of the Authority by purchase or
otherwise on such terms and conditions and in such manner as it may
deem proper, or by exercise of the right of condemnation in manner
hereinafter provided, such public or private lands, including public
parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and interests,
as it may deem necessary for carrying out the provisions of Sections
1701 through 1734 of this title; provided, that all public property
damaged in carrying out the powers granted by Sections 1701 through
1734 of this title shall be restored or repaired and placed in its
original condition as nearly as practicable.

(j) To designate, except as is provided for herein, the
location, and establish, limit and control such points of ingress to
and egress from each turnpike project as may be necessary or
desirable in the judgment of the Authority to insure the proper
operation and maintenance of such project, and to prohibit entrance
to such project from any point or points not so designated.

(k) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers, and to employ consulting engineers,
attorneys, accountants, construction and financial experts,
superintendents, managers, and such other employees and agents as
may be necessary in its judgment, and to fix their compensation;
provided, that all such expenses shall be payable solely from the
proceeds of turnpike revenue bonds issued under the provisions of
Sections 1701 through 1734 of this title or from revenues; provided,
further, no attorney employed by the Authority, nor any member of
any law firm of which the attorney may be connected, shall ever be
paid any fee or compensation for any special or extraordinary
services.

ENR. H. B. NO. 2104 Page 545
(l) To receive and accept from any federal agency grants for or
in aid of the construction of any turnpike project, provided, the
acceptance of such grants will not reduce the amount of federal aid
for the construction, repair, or maintenance of farm-to-market roads
and other highways and bridges in this state; and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which such grants and
contributions may be made.

(m) To adopt such rules, and to do any and all things necessary
to comply with rules, regulations, or requirements of the Bureau of
Public Roads, Multistate Economic Development Regional Commission,
as defined in Sections 1151 through 1153, inclusive, of Title 74 of
the Oklahoma Statutes, Ozarka Region Commission or any other federal
agency administering any law enacted by the Congress of the United
States to aid or encourage the construction of highways.

(n) To do all things necessary or convenient to carry out the
powers expressly granted in Sections 1701 through 1734 of this
title. The design standards for all paving shall comply with the
design standards of the American Association of State Highway and
Transportation Officials as modified by the Oklahoma Department of
Transportation. All contracts for construction work on turnpike
projects shall be let to the lowest responsible bidder, or bidders,
after notice by publication in a newspaper published in the county
where the work is to be done in two consecutive weekly issues of the
newspaper. In all cases where more than eight (8) miles of
construction is let at the same time and is not an advertisement for
a surface-treatment-only project, such advertisement shall provide
for bids on sections of the turnpike not to exceed eight (8) miles.
If the project advertised is a surface-treatment-only project of
more than twenty (20) miles of road, the advertisement shall provide
for bids on sections of the road no longer than twenty (20) miles,
as well as bids on the project as a whole. Subject to the following
restrictions and limitations, the Authority shall, when contracting
for construction work, divide such work into paving projects, bridge
projects, including underpasses and overpasses, and earthmoving or
miscellaneous projects, according to the type of work to be done.
Each project shall be let under a separate contract or contracts and
no contract or project shall include more than one of such types of
construction work. Each contract for construction work shall
contain a provision that ninety percent (90%) of all labor employed
on the project shall be residents of Oklahoma. However, contracts
ENR. H. B. NO. 2104 Page 546
for bridges may include earthwork and structures for the approaches
thereto.

(o) It shall be unlawful for any member, officer or employee of
the Authority to transact with the Authority, either directly or
indirectly, any business for profit of such member, officer, or
employee; and any person, firm, or corporation knowingly
participating therein shall be equally liable for violation of this
provision.

The term "business for profit" shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift, or
consideration to such member, officer, or employee.

Violation of this provision shall constitute a Class D1 felony
offense punishable by incarceration in the State Penitentiary for a
term not to exceed five (5) years as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or a
fine of not less than Five Hundred Dollars ($500.00) and not more
than Five Thousand Dollars ($5,000.00), or both such imprisonment
and fine.

(p) In the event of a national emergency, the Authority,
subject to any vested rights or claims, may enter into contracts
with the federal government or any authorized agency thereof to
allow the federal government or agency thereof to use such turnpikes
partly or exclusively during the existence of such emergency,
provided, that the federal government agrees in such contract to
pay, during the term of such contract, an amount sufficient, when
added to any tolls collected, to meet all operating and maintenance
expenses, interest payments, and the minimum sinking fund and
reserve requirements of the trust agreement for the turnpike covered
by the contract.

(q) All meetings of the Authority shall be open public
meetings, and all records shall be public records, except when
considering personnel or litigation.

SECTION 573. AMENDATORY 69 O.S. 2021, Section 1802, is
amended to read as follows:

Section 1802. Any person who is convicted of a violation of any
of the provisions of this Code herein or by the laws of this state
declared to constitute a Class D1 felony offense, and for which
another penalty is not provided in this Code, shall be punished by
ENR. H. B. NO. 2104 Page 547
imprisonment for not less than one (1) year nor more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or by a fine of not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.

SECTION 574. AMENDATORY 70 O.S. 2021, Section 23-106, is
amended to read as follows:

Section 23-106. The Authority is hereby authorized and
empowered:

1. To accept, assume and control the television channels
assigned by the Federal Communications Commission to the State of
Oklahoma for educational purposes;

2. To adopt bylaws for the regulation of its affairs and the
conduct of its business;

3. To adopt an official seal and alter the same at pleasure;

4. To maintain an office at such place or places within the
state as it may designate;

5. To sue and be sued in its own name, plead and be impleaded;
provided, however, that any and all actions, at law or in equity,
against the Authority shall be brought in the county in which the
principal office of the Authority shall be located, or in the county
of the residence of the plaintiff, or in the county where the cause
of action arose;

6. To construct, maintain, repair and operate television
facilities which with their access connections are designated
ultimately to extend to and include all sections and areas of the
State of Oklahoma;

7. To issue revenue bonds of the Authority, payable solely from
dedicated revenues, for the purpose of paying all or any part of the
cost of needed facilities;

8. To fix and revise from time to time any necessary charges
for the use of any facilities;

9. To pay for the annual cost of the operation, maintenance and
repair of such facilities;
ENR. H. B. NO. 2104 Page 548

10. To pay as and when due the principal and interest on the
revenue certificates or bonds issued to pay for such facilities;

11. To accumulate and maintain such reserves as are provided
for in the resolution or trust indenture under which such bonds are
issued or secured;

12. To acquire, hold, or dispose of real and personal property
in the exercise of its powers and the performance of its duties
under this act;

13. To acquire in the name of the Authority by purchase or
otherwise, on such terms and conditions and in such manner as it may
deem proper, or by the exercise of the right of condemnation in
manner hereinafter provided, such public or private lands,
rights-of-way, property, rights, easements, and interests, as it may
deem necessary for carrying out the provisions of this article; and
it is the intent of the Legislature that all public property damaged
in carrying out the powers granted by this article shall be restored
or repaired and placed in its original condition as nearly as
practicable;

14. To designate, except as is provided for herein, the
locations; and to establish, limit and control such points of
ingress to and egress from each facility as may be necessary or
desirable in the judgment of the Authority to insure the proper
operation and maintenance of such facility;

15. To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article, and to employ consulting
engineers, attorneys, accountants, construction and financial
experts, superintendents, managers, and such other employees and
agents as may be necessary in its judgment, and to fix their
compensation;

16. To receive appropriations from the State Legislature and
accept from any federal agency grants for or in aid of the
construction and operation of any project; provided, the acceptance
of such grants or appropriations will not reduce the amount of
federal aid for other education in this state; and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value;

ENR. H. B. NO. 2104 Page 549
17. To do any and all things necessary to comply with rules,
regulations, or requirements of the Federal Communications
Commission or any other federal agency administering any law enacted
by the Congress of the United States to aid or encourage education;

18. To do all things necessary or convenient to carry out the
powers expressly granted in this article.

It shall be unlawful for any member, officer, or employee of the
Authority to transact with the Authority, either directly or
indirectly, any business for profit of such member, officer, or
employee; and any person, firm or corporation knowingly
participating therein shall be equally liable for violation of this
provision.

The term “business for profit” shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift or
consideration to such member, officer or employee.

Any person found guilty of violating any of the provisions of
this section shall be guilty of a Class D1 felony offense, and shall
be punishable by a fine of not less than Five Hundred Dollars
($500.00), and not more than Five Thousand Dollars ($5,000.00), or
by imprisonment in the State Penitentiary for not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

SECTION 575. AMENDATORY 70 O.S. 2021, Section 3909, is
amended to read as follows:

Section 3909. A. In addition to such other audits as may be
required of or desired by the various boards of regents responsible
for the institutions of The Oklahoma State System of Higher
Education, each board shall annually obtain the services of an
independent accounting firm or individual holding a permit to
practice public accounting in this state to perform a complete
financial audit for the preceding fiscal year of each institution
for which the board is responsible. The Oklahoma State Regents for
Higher Education shall likewise annually obtain the services of an
independent accounting firm or individual holding a permit to
practice public accounting in this state to perform a complete
financial audit of all the offices, operations, and accounts of the
State Regents which are not subject to the control of other boards
of regents. The audits shall be filed in accordance with the
ENR. H. B. NO. 2104 Page 550
requirements set forth for financial statement audits in Section
212A of Title 74 of the Oklahoma Statutes.

B. Each board of regents shall appoint a standing Audit
Committee of the board consisting of not fewer than three (3) board
members. The Audit Committee shall be responsible for establishing
the qualifications of any accounting firm or individual seeking to
be hired to perform an audit for the board and shall recommend to
the board the firms or individuals whom the board shall invite to
submit competitive bids. The full board shall select the auditor
from among the competitive bidders. Audit committees shall not
recommend any firm or individual unwilling to meet the following
specifications. The specifications shall be among the terms and
conditions of any contract awarded:

1. All revolving fund accounts, special accounts, special
agency accounts, auxiliary enterprise accounts, and technical area
school district accounts, if any, shall be included within the scope
of the audit;

2. Where operations of constituent agencies or technical area
school districts are relevant to the complete financial audit of the
institution, records of those enterprises shall be included within
the scope of the audit;

3. To the extent required by subsection (d) of Section 4306 of
this title, records of college- or university-related foundations
shall be included within the scope of the audit;

4. At the conclusion of the audit, the auditor shall meet with
the president of the institution and the Audit Committee to review
the audit report to be issued, the management letter or other
comments or suggestions to be issued, and any other findings; and

5. Findings of material weaknesses, qualifications of the
auditor's report other than those deriving from inadequate plant
records, and of defalcations, or a report of lack of such findings,
shall be communicated in writing to the board, the State Auditor and
Inspector, the Legislative Service Bureau, and the Oklahoma State
Regents for Higher Education with or in advance of the filing of the
audit report required by Section 452.10 of Title 74 of the Oklahoma
Statutes; and such written communications shall include any
responses or other comments which the president or the Audit
Committee wishes to have included.

ENR. H. B. NO. 2104 Page 551
C. The State Auditor and Inspector whenever he or she deems it
appropriate, or upon receiving a written request to do so by the
Governor, Attorney General, President Pro Tempore of the Senate, the
Speaker of the House of Representatives, the governing board of an
institution of higher education, the Oklahoma State Regents for
Higher Education or the president of an institution of higher
education, shall conduct a special audit of any institution of
higher education within The Oklahoma State System of Higher
Education. The special audit shall include, but not necessarily be
limited to, a compliance audit as defined in subsection C of Section
213 of Title 74 of the Oklahoma Statutes. The State Auditor and
Inspector shall have the power to take custody of any records
necessary to the performance of the audit but shall minimize actual
physical removal of or denial of access to such records. At the
conclusion of the audit, the State Auditor and Inspector shall meet
with the president of the institution and the Audit Committee of the
board which governs the component audited to review the audit report
to be issued. The report, when issued, shall include any responses
to the audit which the president or the Audit Committee wishes to
have included and shall be presented to the full board, the
Legislative Service Bureau, and the Oklahoma State Regents for
Higher Education with or in advance of the filing required by
Section 452.10 of Title 74 of the Oklahoma Statutes. The cost of
such audit shall be borne by the audited entity and may be defrayed
in whole or in part by any federal funds available for that purpose.

D. Each board of regents shall require the employment of a
sufficient number of internal auditors to meet the board's fiduciary
responsibilities. Internal audits shall be conducted in accordance
with the provisions of Sections 228 and 229 of Title 74 of the
Oklahoma Statutes. The internal auditors shall submit a report
directly and simultaneously to the audit committee of the board and
the president of the institution; all members of the board of
regents governing the institution, however, shall receive all
internal audit reports and the board of regents shall, at least
annually, review and prescribe the plan of work to be performed by
the internal auditors.

E. Any person who alters or destroys records needed for the
performance of an audit or causes or directs a subordinate to do
such acts shall be guilty of a Class D1 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
period of not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Twenty Thousand Dollars
ENR. H. B. NO. 2104 Page 552
($20,000.00), or by both such fine and imprisonment. Such person
shall also be subject to immediate removal from office or
employment.

SECTION 576. AMENDATORY 70 O.S. 2021, Section 4306, is
amended to read as follows:

Section 4306. A. All state higher educational institutions,
constituent agencies or other entities are hereby authorized to
accept and receive any and all grants or contracts of all kinds,
gifts, devises and bequests of money or property, either real or
personal, which may be, or which may heretofore have been tendered
to them by grant or contract, will or gift, conditionally or
unconditionally; and the Board of Regents of said institutions,
constituent agencies or other entities are hereby directed,
authorized and empowered to hold such funds or property in trust, or
invest or sell them and use either principal or interest or the
proceeds of sale for the benefit of such institutions or entities or
the students or others for whose benefit such institutions or
entities are conducted; all in any manner which is consistent with
the terms of the gift as stipulated by the donor and with the
provisions of any applicable laws. Money donated to a college- or
university-related foundation for student scholarships or grants to
students of an institution of The Oklahoma State System of Higher
Education shall not be loaned or given to any regent, officer,
director, or employee of such foundation or institution or to any
relative of such person within the third degree of affinity or
consanguinity. The following, however, shall not be prohibited:

1. Students in the employ of such foundation or institution may
be given scholarships; and

2. Scholarships may be awarded to an otherwise disqualified
relative of any faculty member, staff employee, foundation or
institution officer or maintenance worker of such foundation or
institution if such relative is meritoriously qualified.

B. Any person willfully violating the prohibitions of
subsection A of this section shall be guilty of a Class D1 felony
offense punishable by imprisonment in the State Penitentiary for a
period of not more than five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or by a fine of not more than Twenty Thousand Dollars
($20,000.00), or by both such fine and imprisonment. Any person
ENR. H. B. NO. 2104 Page 553
found guilty of said violations shall also be subject to immediate
removal from office or employment where applicable.

C. The Oklahoma State Regents for Higher Education, any
institution or agency of The Oklahoma State System of Higher
Education or the regents or governing board of such institution or
agency shall not directly or indirectly transfer any funds to any
college- or university-related foundation or render services or
provide any thing of value to any such foundation without receiving
documented adequate payment or reimbursement therefor according to
written contract; provided, nothing herein shall be construed as
prohibiting payment by the institution or agency of claims for
expenses of fund raising for the benefit of the institution or
agency by state employees if such fund raising activities are
approved in advance by the governing board of regents responsible
for such institution or agency and made a part of the minutes of the
meeting of the board.

D. Neither the Oklahoma State Regents for Higher Education nor
any institution or agency of The Oklahoma State System of Higher
Education shall receive any funds, services, or thing of value from
any college- or university-related foundation which has any officers
or employees who are officers or employees of any institution or
agency of the State System or State Regents unless such foundation
makes all its financial records and documents, including work
papers, except for names of donors, available to auditors who are
performing audits of the institution or agency.

SECTION 577. AMENDATORY 71 O.S. 2021, Section 453, is
amended to read as follows:

Section 453. A. It is unlawful and shall be deemed a Class D1
felony offense for any person to make a take-over offer or to
acquire any equity securities pursuant to the offer, unless the
offer is effective under the provisions of this act. A take-over
offer is effective when the offeror files with the Administrator a
registration statement containing the information prescribed in
subsection F of this section. The offeror shall deliver a copy of
the registration statement by certified mail to the target company
at its principal office and publicly disclose the material terms of
the proposed offer, not later than the date of filing of the
registration statement. Public disclosure shall require, at a
minimum, that a copy of the registration statement be supplied to
all broker-dealers maintaining an office in this state currently
quoting the security.
ENR. H. B. NO. 2104 Page 554

B. The registration statement shall be filed on forms
prescribed by the Administrator of the Department of Securities,
shall be accompanied by a consent by the offeror to service of
process and the filing fees specified in Section 8 of this act and
shall contain the following information:

1. All of the information specified in subsection F of this
section;

2. Two (2) copies of all solicitation materials intended to be
used in the take-over offer in the form proposed to be published or
sent or delivered to offerees;

3. If the offeror is other than a natural person, the following
information shall be included:

a. information concerning its organization and
operations, including the year, form and jurisdiction
of its organization,

b. a description of each class of equity security and
long-term debt,

c. a description of business conducted by the offeror and
its subsidiaries and any material changes therein
during the past three (3) years,

d. a description of the location and character of the
principal properties of the offeror and its
subsidiaries,

e. a description of any material pending legal or
administrative proceedings in which the offeror or any
of its subsidiaries is a party,

f. the names of all directors and executive officers of
the offeror and their material business activities and
affiliations during the past three (3) years, and

g. financial statements of the offeror in such form and
for such period of time as the Administrator may by
rule prescribe; and

ENR. H. B. NO. 2104 Page 555
4. If the offeror is a natural person, the following
information shall be included:

a. information concerning his identity and background,
including his business activities and affiliations
during the past three (3) years, and

b. a description of any material pending legal or
administrative proceedings in which the offeror is a
party.

If a take-over offer is subject to Section 14(d) of the Securities
Exchange Act of 1934, the form and content of the registration
statement shall include the same as the form and content of any such
statement and amendments required to be filed with the United States
Securities and Exchange Commission. If the statement and amendments
filed with the United States Securities and Exchange Commission
provide the information required to be disclosed by this act, the
filing of same with the Administrator shall satisfy the requirement
for the filing of a registration statement under this section. The
offeror must comply with all other requirements of this section.

C. Registration is not deemed approval by the Administrator and
any representation to the contrary is unlawful.

D. Within three (3) calendar days of the date of filing of the
registration statement, the Administrator may by order summarily
suspend the effectiveness of the take-over offer if the
Administrator determines that the registration statement does not
contain all of the information specified in subsection F of this
section or that the take-over offer materials provided to offerees
do not provide full disclosure to offerees of all material
information concerning the take-over offer. The suspension shall
remain in effect only until the determination following a hearing
held pursuant to subsection E of this section.

E. A hearing shall be scheduled by the Administrator with
respect to each suspension under this section and shall be held
within ten (10) calendar days of the date of the suspension. The
Oklahoma Administrative Procedures Act, Section 301 et seq. of Title
75 of the Oklahoma Statutes, and the administrative procedures of
the Oklahoma Securities Commission and Department of Securities
shall not apply to the hearing. The Administrator's determination
made following the hearing shall be made within three (3) calendar
days after such hearing has been completed, but not more than
ENR. H. B. NO. 2104 Page 556
sixteen (16) calendar days after the date of the suspension. The
Administrator may prescribe different time limits than those
specified in this subsection by rule or order. If, based upon the
hearing, the Administrator finds that the take-over offer fails to
provide for full and fair disclosure to offerees of all material
information concerning the offer, or that the take-over offer is in
material violation of any provision of this act, the Administrator
shall permanently suspend the effectiveness of the take-over offer,
subject to the right of the offeror to correct disclosure and other
deficiencies identified by the Administrator and to reinstitute the
take-over offer by filing a new or amended registration statement
pursuant to Section 3 of this act.

F. The form required to be filed by paragraph 1 of subsection B
of this section shall contain the following information:

1. The identity and background of all persons on whose behalf
the acquisition of any equity security of the issuer has been or is
to be affected;

2. The source and amount of funds or other consideration used
or to be used in acquiring any equity security, including if
applicable:

a. a statement describing any securities which are being
offered in exchange for the equity securities of the
issuer, and if any part of the acquisition price is or
will be represented by borrowed funds or other
consideration,

b. a description of the material terms of any financing
arrangements, and

c. the names of the parties from whom the funds were
borrowed;

3. If the purpose of the acquisition is to gain control of the
target company:

a. a statement of any plans or proposals which the person
has, upon gaining control:

(1) to liquidate the issuer, sell its assets, effect
its merger or consolidation,

ENR. H. B. NO. 2104 Page 557
(2) to change the location of its principal executive
office or of a material portion of its business
activities,

(3) to change its management or policies of
employment, and

(4) to materially alter its relationship with
suppliers or customers or the communities in
which it operates, or make any other major change
in its business, corporate structure, management
or personnel, and

b. other information which would affect the shareholders'
evaluation of the acquisition;

4. The number of shares of any equity security of the issuer
owned beneficially by the person and any affiliate or associate of
the person, together with the name and address of each affiliate or
associate; and

5. The material terms of any contract, arrangement or
understanding with any other person with respect to the equity
securities of the issuer whereby the person filing the statement has
or will acquire any interest in additional equity securities of the
issuer, or is or will be obligated to transfer any interest in the
equity securities to another.

SECTION 578. AMENDATORY 71 O.S. 2021, Section 455, is
amended to read as follows:

Section 455. It is unlawful and shall be deemed a Class D1
felony offense for any offeror or target company or any controlling
person of an offeror or target company or any broker-dealer acting
on behalf of an offeror or target company to engage in any
fraudulent, deceptive or manipulative acts or practices in
connection with a take-over offer. Fraudulent, deceptive and
manipulative acts or practices include without limitation:

1. The publication or use in connection with the offer of any
false statement of a material fact or the omission to state a
material fact necessary to make the statements made not misleading;

2. The sale by any controlling shareholders of a target company
of any or all of their equity securities to the offeror for a
ENR. H. B. NO. 2104 Page 558
consideration greater than that to be paid other shareholders
pursuant to the take-over offer or the purchase of any of the
securities of a controlling shareholder of the target company by the
offeror for a consideration greater than that to be paid other
shareholders, the terms of which are not disclosed to the other
shareholders;

3. The refusal by a target company to permit an offeror who is
a shareholder of record to examine its list of shareholders, and to
make extracts therefrom, pursuant to the applicable corporation
statutes, for the purpose of making a take-over offer in compliance
with this act, or in lieu thereof, to mail any solicitation
materials published by the offeror to its security holders with
reasonable promptness after receipt from the offeror of such
materials together with the reasonable expenses of postage and
handling; and

4. The solicitation of any offeree for acceptance or rejection
of a take-over offer or acquisition of any equity security pursuant
to a take-over offer before the take-over offer is effective under
this act or while the offer is suspended under this act.

SECTION 579. AMENDATORY 71 O.S. 2021, Section 460, is
amended to read as follows:

Section 460. A. Any person who violates, and a controlling
person of an offeror or target company who knowingly violates, any
provision of this act or any rule thereunder, or any order of the
Administrator of which this person has notice, shall be guilty of a
Class D1 felony offense and may be fined not more than Twenty-five
Thousand Dollars ($25,000.00), or imprisoned not more than five (5)
years as provided for in subsections B through F of Section 20N of
Title 21 of the Oklahoma Statutes, or both. Each of the acts
specified shall constitute a separate offense and a prosecution or
conviction for any one of such offenses shall not bar prosecution or
conviction for any other offense. No indictment or information may
be returned under this act more than two (2) years after the alleged
violation.

B. The Administrator may refer such evidence as is available
concerning violations of this act or of any rule or order hereunder
to the Attorney General or the district attorney for the appropriate
county who may, with or without any reference, institute the
appropriate criminal proceedings under this act. If referred to a
district attorney, he shall, within ninety (90) days, file with the
ENR. H. B. NO. 2104 Page 559
Administrator a statement concerning any action taken or, if no
action is taken, the reasons therefor.

C. Nothing in this act limits the power of the state to punish
any person for any conduct which constitutes a crime under any other
statute.

D. All shares acquired from an Oklahoma resident in violation
of any provision of this act or any rule thereunder, or any order of
the Administrator of which the person has notice, shall be denied
voting rights for one (1) year after acquisition, the shares shall
be nontransferable on the books of the target company for one (1)
year after acquisition and the target company shall, during this
one-year period, have the option to call the shares for redemption
either at the price at which the shares were acquired or at book
value per share as of the last day of the fiscal quarter ended prior
to the date of the call for redemption. Such a redemption shall
occur on the date set in the call notice, but not later than sixty
(60) days after the call notice is given.

SECTION 580. AMENDATORY 73 O.S. 2021, Section 162, is
amended to read as follows:

Section 162. (a) A. It shall be unlawful for any member or
employee of the Authority to transact with the Authority, either
directly or indirectly, any business for profit of such member or
employee; and any person, firm, or corporation knowingly
participating therein shall be equally liable for violation of this
provision.

(b) B. The term “business for profit” shall include, but not be
limited to, the acceptance or payment of any fee, commission, gift
or consideration to such member or employee.

(c) C. Violation of any of the provisions of this section shall
constitute a Class D1 felony offense and shall be punishable by a
fine of not less than Five Hundred Dollars ($500.00) and not more
than Five Thousand Dollars ($5,000.00), or by imprisonment in the
State Penitentiary for not less than one (1) year and not more than
five (5) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

SECTION 581. AMENDATORY 74 O.S. 2021, Section 85.45h, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 560

Section 85.45h. A. It shall be unlawful for a person to:

1. Knowingly and with intent to defraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another in fraudulently
obtaining or retaining or attempting to obtain or retain,
certification as a minority business enterprise for the purposes of
this act.

2. Knowingly and willfully make a false statement with the
intent to defraud, whether by affidavit, report, or other
representation, to a state official or employee for the purpose of
influencing the certification or denial of certification of any
entity as a minority business enterprise.

3. Knowingly and willfully obstruct, impede, or attempt to
obstruct or impede any state official or employee who is
investigating the qualifications of a business entity which has
requested certification as a minority business enterprise.

4. Knowingly and willfully with intent to defraud, fraudulently
obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain, public monies to which the person
is not entitled under this act.

5. Knowingly and willfully assign any contract awarded pursuant
to the Oklahoma Minority Business Enterprise Assistance Act to any
other business enterprise without prior written approval of the
State Purchasing Director pursuant to Section 85.45g of this title.

B. Any person convicted of violating any provision of the
Oklahoma Minority Business Enterprise Assistance Act shall be guilty
of a Class D1 felony offense, punishable by imprisonment in the
State Penitentiary for not more than five (5) years as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or a fine of not more than Ten Thousand Dollars
($10,000.00), or by both such imprisonment and fine.

C. If a contractor, subcontractor, supplier, subsidiary,
principal or affiliate thereof, has been found to have violated this
act and that violation occurred within three (3) years of another
violation of this act, the Office of Management and Enterprise
Services shall prohibit that contractor, subcontractor, supplier,
subsidiary, or affiliate thereof, from entering into a state project
or state contract and from further bidding to a state entity, and
ENR. H. B. NO. 2104 Page 561
from being a subcontractor to a contractor for a state entity and
from being a supplier to a state entity.

SECTION 582. AMENDATORY 74 O.S. 2021, Section 85.47h, is
amended to read as follows:

Section 85.47h. A. A person shall not knowingly make or cause
any false statement or report to be made in any application or in
any document furnished to the Administrator.

B. A person shall not knowingly make or cause any false
statement or report to be made for the purpose of influencing the
action of the Administrator on an application for assistance or for
the purpose of influencing any action of the Administrator affecting
bonding assistance whether or not such assistance may have already
been extended.

C. Any person who violates any provision of this section shall
be guilty of a Class D1 felony offense and, upon conviction, shall
be subject to a fine not exceeding Ten Thousand Dollars ($10,000.00)
or imprisonment of up to five (5) years as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes, or both such fine and imprisonment.

SECTION 583. AMENDATORY 74 O.S. 2021, Section 150.9, is
amended to read as follows:

Section 150.9. A. The Oklahoma State Bureau of Investigation
shall procure, file and maintain criminal history records for each
person subject to mandatory reporting as provided by law, including
photographs, descriptions, fingerprints, measurements and other
pertinent information relating to such persons. It shall be the
duty of law enforcement officers and agencies, sheriffs, police,
courts, judicial officials, district attorneys, and the persons in
charge of any state correctional facility or institution to furnish
criminal history records to the Bureau as required by Section 150.1
et seq. of this title. The Oklahoma State Bureau of Investigation
shall cooperate with and assist the sheriffs, chiefs of police and
other law enforcement officers of the state by maintaining a
complete criminal history record on each person subject to mandatory
reporting as provided by law, and shall have on file the fingerprint
impressions of all such persons together with other pertinent
information as may from time to time be received from the law
enforcement officers of this and other states or as may be required
by law.
ENR. H. B. NO. 2104 Page 562

B. 1. The Oklahoma State Bureau of Investigation is authorized
to conduct and receive results of national criminal history record
checks for authorized purposes pursuant to Public Law 92-544, the
National Child Protection Act/Volunteers for Children Act (NCPA/VCA)
as amended, with or without a Volunteer and Employee Criminal
History System (VECHS) waiver program or any other federal
authorizing statute. The Oklahoma State Bureau of Investigation
shall only release the results of national criminal history record
checks to entities authorized to receive the results pursuant to
federal law.

2. Any state agency, board, department or commission or any
other person or entity authorized to request a criminal history
record or an analysis of fingerprints for commercial, licensing or
other purposes, except law enforcement purposes, shall conduct a
national criminal history records check on all persons of the entity
authorized to access or review national criminal history records
checks information by July 1, 2009, and within sixty (60) days
thereafter.

3. Each agency, person or entity authorized to request a
criminal history record or an analysis of fingerprints shall pay a
fee to the Bureau for each criminal history record or fingerprint
analysis as follows:

Oklahoma criminal history record only $15.00 each

Oklahoma criminal history record with
fingerprint analysis $19.00 each

National criminal history record with
fingerprint analysis $41.00 each

4. For purposes of this section, "a national criminal history
record check" means a check of criminal history records entailing
the fingerprinting of the individual and submission of the
fingerprints to the United States Federal Bureau of Investigation
(FBI) for the purpose of obtaining the national criminal history
record of the person from the FBI. A national criminal history
record check may be obtained only when a check is authorized or
required by state or federal law.

Agencies authorized by statute to conduct national criminal
history background checks for individuals are eligible to
ENR. H. B. NO. 2104 Page 563
participate in the Federal Rap Back Program administered by the
Oklahoma State Bureau of Investigation. The Oklahoma State Bureau
of Investigation is authorized to submit fingerprints to the FBI Rap
Back System to be retained in the FBI Rap Back System for the
purpose of being searched by future submissions to the FBI Rap Back
System, including latent fingerprint searches and to collect all
Federal Rap Back Program fees from eligible agencies wishing to
participate and remit such fees to the Federal Bureau of
Investigation.

5. Unless a national criminal history record is specifically
requested, a fingerprint analysis shall be limited to only those
records available at the Oklahoma State Bureau of Investigation.
Following receipt of the appropriate fee, the Bureau shall provide,
as soon as possible, the criminal history record requested;
provided, however, it shall be the duty and responsibility of the
requesting authority to evaluate the criminal history record as such
record may apply to a specific purpose or intent. An individual may
submit a certified court record showing that a charge was dismissed
or a certified copy of a gubernatorial pardon to the Oklahoma State
Bureau of Investigation, and upon verification of that record the
Bureau records shall reflect the dismissal of that charge.

C. The Oklahoma State Bureau of Investigation may maintain an
identification file, including fingerprint impressions, on any
person under eighteen (18) years of age who is arrested or subject
to criminal or juvenile delinquency proceedings, provided all such
information shall be confidential and shall only be made available
to the Bureau and other law enforcement agencies. Whenever a
fingerprint impression or other identification information is
submitted to the Bureau on a person under eighteen (18) years of
age, the Bureau may retain and file such fingerprint and
identification information for identification purposes only. The
Bureau shall ensure that the information received and maintained for
identification purposes on persons under eighteen (18) years of age
shall be handled and processed with great care to keep such
information confidential from the general public. The Bureau may
receive and maintain the fingerprints and other identification
information on any person under eighteen (18) years of age believed
to be the subject of a runaway, missing, or abduction investigation,
for identification purposes at the request of a parent, guardian or
legal custodian of the person.

D. Any person who knowingly procures, utters, or offers any
false, forged or materially altered criminal history record shall be
ENR. H. B. NO. 2104 Page 564
guilty of a Class D1 felony offense and upon conviction shall be
punished by imprisonment in the custody of the Department of
Corrections for a period not to exceed five (5) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or by a fine not to exceed Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.

SECTION 584. AMENDATORY 74 O.S. 2021, Section 3404, is
amended to read as follows:

Section 3404. Any person who shall knowingly make or receive,
either directly or indirectly, a kickback shall be guilty of a Class
D1 felony offense, and upon conviction shall be fined not more than
Ten Thousand Dollars ($10,000.00) or double the amount of the
financial gain, or be imprisoned for not more than five (5) years as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes, or both.

SECTION 585. AMENDATORY 79 O.S. 2021, Section 101, is
amended to read as follows:

Section 101. It shall be unlawful and deemed a Class D1 felony
offense for any bridge or other contractor, partnership, corporation
or association of bridge or other contractors for the construction
of any bridge or bridges or of any road or public highway to be
constructed under any law of this state, or any other person or
persons to enter into an agreement, contract or combination with any
other bridge or other contractor, partnership, corporation or
association or bridge or public highway contractors or any other
person for the pooling of prices of different competing contractors
or to divide between them the aggregate or net proceeds of the
earnings of such contractors or any portion thereof, or for fixing
the price which any contractor, partnership, corporation or
association of bridge or other contractors or any other person shall
bid or charge for the building of bridges or furnishing material
therefor or the repair of the same or the construction or repair of
any public highway, or any part of any public highway to be
constructed under any law of this state or to divide between them
the aggregate or net proceeds of the earnings of such contractors or
any portion thereof, or for fixing the price which any contractor,
partnership, company or corporation or association shall bid or
charge for the building of bridges or the furnishing of material
therefor, or the construction of any highway or any part thereof, or
the furnishing of material therefor, or for the allotment of any
ENR. H. B. NO. 2104 Page 565
territory which any other bridge or other contractor, corporation or
association shall have for its or his exclusive territory.

SECTION 586. AMENDATORY 79 O.S. 2021, Section 103, is
amended to read as follows:

Section 103. Any bridge or other contractor, partnership,
corporation, association of contractors, or any other person, or any
director, officer or any receiver, trustee, clerk or agent, or other
person acting for them or employed by them, who alone or acting with
any other contractor or other person, partnership, corporation or
association, shall willfully do or cause to be done, or shall
willfully suffer or permit to be done, any act, matter or thing
herein prohibited or declared to be unlawful, or who shall aid or
abet therein, or shall willfully omit or fail to do any act, matter
or thing herein required to be done, or shall willfully cause,
suffer or permit any thing directed to be done, not to be so done,
or shall aid or abet or advise such omission or failure, or shall be
guilty of any infraction of this article, shall be guilty of a Class
D1 felony offense, and upon conviction thereof shall be fined in any
sum not exceeding Five Thousand Dollars ($5,000.00), or imprisoned
in the State Penitentiary not exceeding five (5) years as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or both, at the discretion of the court.

SECTION 587. AMENDATORY 82 O.S. 2021, Section 1086.3, is
amended to read as follows:

Section 1086.3. A. It shall be unlawful for any member,
officer or employee of the Water Resources Board to transact with
the Board, either directly or indirectly, any business for profit of
such member, officer or employee; and any person, firm or
corporation knowingly participating therein shall be equally liable
for violation of this provision.

B. The term “business for profit” shall include, but not be
limited to, the acceptance or payment of any fee, commission, gift
or consideration to such member, officer or employee.

C. Violation of this provision shall constitute a Class D1
felony offense and shall be punishable by a fine of not less than
Five Hundred Dollars ($500.00) and not more than Five Thousand
Dollars ($5,000.00), or by imprisonment in the State Penitentiary
for not more than five (5) years as provided for in subsections B
ENR. H. B. NO. 2104 Page 566
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
both such fine and imprisonment.

SECTION 588. AMENDATORY 82 O.S. 2021, Section 1281, is
amended to read as follows:

Section 1281. Except for contracts of employment, directors and
employees shall not have a financial interest, directly or
indirectly, in any contract entered into by the district. Directors
and employees shall not receive any bonus, gratuity or bribe. They
shall not spend funds of the district, directly or indirectly, for
political purposes or political educational purposes, shall not
engage in political campaigns in the name of the district, and shall
not permit any property of the district to be used for any such
purpose. Any violation of this section shall be a Class D1 felony
offense and shall work a forfeiture of office or employment and
shall be punishable by a fine not exceeding Five Hundred Dollars
($500.00), or by imprisonment in the State Penitentiary not
exceeding five (5) years as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes, or both.

SECTION 589. AMENDATORY 84 O.S. 2021, Section 55, is
amended to read as follows:

Section 55. Every will, other than a nuncupative will, must be
in writing; and every will, other than a holographic will and a
nuncupative will, must be executed and attested as follows:

1. It must be subscribed at the end thereof by the testator
himself, or some person, in his presence and by his direction, must
subscribe his name thereto.

2. The subscription must be made in the presence of the
attesting witnesses, or be acknowledged by the testator to them, to
have been made by him or by his authority.

3. The testator must, at the time of subscribing or
acknowledging the same, declare to the attesting witnesses that the
instrument is his will.

4. There must be two attesting witnesses, each of whom must
sign his name as a witness at the end of the will at the testator's
request and in his presence.

ENR. H. B. NO. 2104 Page 567
5. Every will, other than a holographic and a nuncupative will,
and every codicil to such will or to a holographic will may, at the
time of execution or at any subsequent date during the lifetimes of
the testator and the witnesses, be made self-proved, and the
testimony of the witnesses in the probate thereof may be made
unnecessary by:

a. the acknowledgment thereof by the testator and the
affidavits of the attesting witnesses, each made
before an officer authorized to take acknowledgments
to deeds of conveyance and to administer oaths under
the laws of this state, such acknowledgments and
affidavits being evidenced by the certificate, with
official seal affixed, of such officer attached or
annexed to such testamentary instrument in form and
contents substantially as follows:

THE STATE OF OKLAHOMA

COUNTY OF ___________

Before me, the undersigned authority, on this day personally
appeared __________, __________, and __________, known to me to be
the testator and the witnesses, respectively, whose names are
subscribed to the annexed or foregoing instrument in their
respective capacities, and, all of said persons being by me first
duly sworn, said _________, testator, declared to me and to the said
witnesses in my presence that said instrument is his last will and
testament or a codicil to his last will and testament, and that he
had willingly made and executed it as his free and voluntary act and
deed for the purposes therein expressed; and the said witnesses,
each on his oath stated to me, in the presence and hearing of the
said testator, that the said testator had declared to them that said
instrument is his last will and testament or codicil to his last
will and testament, and that he executed same as such and wanted
each of them to sign it as a witness; and upon their oaths each
witness stated further that they did sign the same as witnesses in
the presence of the said testator and at his request and that said
testator was at that time eighteen (18) years of age or over and was
of sound mind.

___________________

Testator

ENR. H. B. NO. 2104 Page 568

Witness (signature)

____________________________

Name and Residence (printed)

___________________

Witness (signature)

____________________________

Name and Residence (printed)

Subscribed and acknowledged before me by the said __________,
testator, and subscribed and sworn before me by the said __________,
and __________ witnesses, this _____ day of ________, A.D., _______.

(SEAL) (SIGNED)____________________

____________________

(OFFICIAL CAPACITY

OF OFFICER); or

b. the written declaration of the testator and the
written declarations of the attesting witnesses made
in substantially the following form:

We the undersigned are the testator and the witnesses,
respectively, whose names are subscribed to the annexed or foregoing
instrument in their respective capacities, and we do hereby declare
that said __________, testator, declared to said witnesses that said
instrument is his last will and testament or a codicil to his last
will and testament, and that he willingly made and executed it as
his free and voluntary act and deed for the purposes therein
expressed; and said witnesses further declare that the said testator
declared to them that said instrument is his last will and testament
or codicil to his last will and testament, and that he executed same
as such and wanted each of us to sign it as a witness; and that we
did sign the same as witnesses in the presence of the said testator
and at his request and that said testator was at that time eighteen
ENR. H. B. NO. 2104 Page 569
(18) years of age or over and was of sound mind, all of which we
declare and sign under penalty of perjury this ________ day of
________.

___________________

Testator

___________________

Witness (signature)

____________________________

Name and Residence (printed)

___________________

Witness (signature)

____________________________

Name and Residence (printed)

6. Any person falsely executing a written declaration as a
witness or misrepresenting his or her identity with the intent to
defraud another person pursuant to subparagraph b of paragraph 5 of
this subsection shall, upon conviction, be deemed guilty of the
felony of perjury, a Class D1 felony offense, and shall be subject
to the penalties prescribed by law punished by imprisonment as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.

7. A self-proved testamentary instrument shall be admitted to
probate without the testimony of any subscribing witness, unless
contested, but otherwise it shall be treated no differently than a
will or codicil not self-proved. Furthermore, a self-proved
testamentary instrument may be revoked or amended by a codicil in
exactly the same fashion as a will or codicil not self-proved and
such a testamentary instrument may be contested as a will not self-
proved.

SECTION 590. AMENDATORY 85A O.S. 2021, Section 6, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 570
Section 6. A. 1. a. Any person or entity who makes any material
false statement or representation, who willfully and knowingly omits
or conceals any material information, or who employs any device,
scheme, or artifice, or who aids and abets any person for the
purpose of:

(1) obtaining any benefit or payment,

(2) increasing any claim for benefit or payment, or

(3) obtaining workers' compensation coverage under
the Administrative Workers' Compensation Act,

shall be guilty of a Class D1 felony offense
punishable pursuant to Section 1663 of Title 21 of the
Oklahoma Statutes.

b. A material false statement or representation includes,
but is not limited to, attempting to obtain treatment
or compensation for body parts that were not injured
in the course and scope of employment.

c. Fifty percent (50%) of any criminal fine imposed and
collected under this section shall be paid and
allocated in accordance with applicable law to the
Workers' Compensation Commission Revolving Fund.

2. Any person or entity with whom any person identified in
division (1) of subparagraph a of paragraph 1 of this subsection has
conspired to achieve the proscribed ends shall, by reason of such
conspiracy, be guilty as a principal of a felony.

B. Except for forms submitted through the Electronic Data
Interchange system employed by the Workers' Compensation Commission
pursuant to Section 101 of this title, a copy of division (1) of
subparagraph a of paragraph 1 of subsection A of this section shall
be included on all forms prescribed by the Commission for the use of
injured employees claiming benefits and for the use of employers in
responding to employees' claims under this act.

C. While receiving temporary total disability benefits, failing
to report any earned income to an employer, insurance carrier or
third-party administrator shall be a Class D1 felony offense
punishable pursuant to Section 1663 of Title 21 of the Oklahoma
Statutes.
ENR. H. B. NO. 2104 Page 571

D. If the Workers' Compensation Commission or the Attorney
General finds that a violation of division (1) of subparagraph a of
paragraph 1 of subsection A of this section has been committed, or
that any other criminal violations in furtherance of this act were
committed, the chair of the Commission or the Attorney General shall
refer the matter for appropriate action to the prosecuting attorney
having criminal jurisdiction over the matter.

E. 1. a. There shall be established within the Office of the
Attorney General a Workers' Compensation Fraud
Investigation Unit, funded by the Commission. The
Attorney General shall appoint a Director of the
Workers' Compensation Fraud Investigation Unit, who
may also serve as the director of any other designated
insurance fraud investigation division within the
Attorney General's office.

b. (1) The Unit shall investigate workers' compensation
fraud, any additional criminal violations that
may be related to workers' compensation fraud,
and any other insurance fraud matters as may be
assigned at the discretion of the Attorney
General.

(2) The Attorney General shall designate the
personnel assigned to the Unit, who, on meeting
the qualifications established by the Oklahoma
Council on Law Enforcement Education and
Training, shall have the powers of specialized
law enforcement officers of the State of Oklahoma
for the purpose of conducting investigations
under this subparagraph. Personnel hired as
specialized law enforcement officers shall be
certified as a peace officer by the Oklahoma
Council on Law Enforcement Education and
Training.

2. The Attorney General and his or her deputies and assistants
and the Director of the Workers' Compensation Fraud Investigation
Unit and his or her deputies and assistants shall be vested with the
power of enforcing the requirements of this section.

3. It shall be the duty of the Unit to assist the Attorney
General in the performance of his or her duties. The Unit shall
ENR. H. B. NO. 2104 Page 572
determine the identity of employees in this state who have violated
division (1) of subparagraph a of paragraph 1 of subsection A of
this section and report the violation to the Office of the Attorney
General and the Commission. The Attorney General shall report the
violation to the prosecuting attorney having jurisdiction over the
matter.

4. a. In the course of any investigation being conducted by
the Unit, the Attorney General and his or her deputies
and assistants and the Director and his or her
deputies and assistants shall have the power of
subpoena and may:

(1) subpoena witnesses,

(2) administer oaths or affirmations and examine any
individual under oath, and

(3) require and compel the production of records,
books, papers, contracts, and other documents.

b. The issuance of subpoenas for witnesses shall be
served in the same manner as if issued by a district
court.

c. (1) Upon application by the commissioner or the
Director of the Unit, the district court located
in the county where a subpoena was served may
issue an order compelling an individual to comply
with the subpoena to testify.

(2) Any failure to obey the order of the court may be
punished as contempt.

d. If any person has refused in connection with an
investigation by the Director to be examined under
oath concerning his or her affairs, then the Director
is authorized to conduct and enforce by all
appropriate and available means any examination under
oath in any state or territory of the United States in
which any officer, director, or manager may then
presently be to the full extent permitted by the laws
of the state or territory.

ENR. H. B. NO. 2104 Page 573
e. In addition to the punishments described in paragraph
1 of subsection A of this section, any person
providing false testimony under oath or affirmation in
this state as to any matter material to any
investigation or hearing conducted under this
subparagraph, or any workers' compensation hearing,
shall upon conviction be guilty of perjury.

5. Fees and mileage of the officers serving the subpoenas and
of the witnesses in answer to subpoenas shall be as provided by law.

6. a. Every carrier or employer who has reason to suspect
that a violation of division (1) of subparagraph a of
paragraph 1 of subsection A of this section has
occurred shall be required to report all pertinent
matters to the Unit.

b. No carrier or employer who makes a report for a
suspected violation of division (1) of subparagraph a
of paragraph 1 of subsection A of this section by an
employee shall be liable to the employee unless the
carrier or employer knowingly and intentionally
included false information in the report.

c. (1) Any carrier or employer who willfully and
knowingly fails to report a violation under
division (1) of subparagraph a of paragraph 1 of
subsection A of this section shall be guilty of a
misdemeanor and on conviction shall be punished
by a fine not to exceed One Thousand Dollars
($1,000.00).

(2) Fifty percent (50%) of any criminal fine imposed
and collected under this subparagraph shall be
paid and allocated in accordance with applicable
law to the fund administered by the Commission.

d. Any employee may report suspected violations of
division (1) of subparagraph a of paragraph 1 of
subsection A of this section. No employee who makes a
report shall be liable to the employee whose suspected
violations have been reported.

F. 1. For the purpose of imposing criminal sanctions or a fine
for violation of the duties of this act, the prosecuting attorney
ENR. H. B. NO. 2104 Page 574
shall have the right and discretion to proceed against any person or
organization responsible for such violations, both corporate and
individual liability being intended by this act.

2. The prosecuting attorney of the district to whom a suspected
violation of subsection A of this section, or any other criminal
violations that may be related thereto, have been referred shall,
for the purpose of assisting him or her in such prosecutions, have
the authority to appoint as special deputy prosecuting attorneys
licensed attorneys-at-law in the employment of the Unit or any other
designated insurance fraud investigation division within the
Attorney General's office. Such special deputy prosecuting
attorneys shall, for the purpose of the prosecutions to which they
are assigned, be responsible to and report to the prosecuting
attorney.

G. Notwithstanding any other provision of law, investigatory
files as maintained by the Attorney General's office and by the Unit
shall be deemed confidential and privileged. The files may be made
open to the public once the investigation is closed by the Director
of the Workers' Compensation Fraud Investigation Unit with the
consent of the Attorney General.

H. The Attorney General, with the cooperation and assistance of
the Commission, is authorized to establish rules as may be necessary
to carry out the provisions of this section.

I. Nothing in this section shall be deemed to create a civil
cause of action.

J. Except for forms submitted through the Electronic Data
Interchange system employed by the Commission pursuant to Section
101 of this title, the Commission shall include a statement on all
forms for notices and instructions to employees, employers, carriers
and third-party administrators that any person who commits workers'
compensation fraud, upon conviction, shall be guilty of a felony
punishable by imprisonment, a fine or both.

K. If an injured employee is charged with workers' compensation
fraud, any pending workers' compensation proceeding, including
benefits, shall be stayed after the preliminary hearing is concluded
and the claimant is bound over and shall remain stayed until the
final disposition of the criminal case. All notice requirements
shall continue during the stay.

ENR. H. B. NO. 2104 Page 575
L. If the Attorney General's Office is in compliance with the
discovery provisions of Section 258 of Title 22 of the Oklahoma
Statutes, medical records created for the purpose of treatment and
medical opinions obtained during the investigation shall be
admissible at the preliminary hearing without the appearance of the
medical professional creating such records or opinions. However,
when material evidence dispositive to the issues of whether there
was probable cause the crime was committed and whether the defendant
committed the crime, was not included in a report or opinion
admitted at preliminary hearing, but might be presented at a
pretrial hearing by a medical professional who created such report
or opinion, the judge may, upon the motion of either party, order
the appearance of the medical professional creating such report or
opinion. Questions of fact regarding the conduct of the defendant
that conflict with the findings of the medical professional
evaluating the defendant shall not constitute material evidence. In
the event of such motion, notice shall be given to the Attorney
General's Workers' Compensation Fraud and Investigation and
Prosecution Unit. A hearing shall be held and, if the motion is
granted, the evidence shall not be presented fewer than five (5)
days later.

M. Any person or entity who, in good faith and exercising due
care, reports suspected workers' compensation fraud or insurance
fraud, or who allows access to medical records or other information
pertaining to suspected workers' compensation or insurance fraud, by
persons authorized to investigate a report concerning the workers'
compensation and insurance fraud, shall have immunity from any civil
or criminal liability for such report or access. Any such person or
entity shall have the same immunity with respect to participation in
any judicial proceeding resulting from such reports. For purposes
of any civil or criminal proceeding, there shall be a presumption of
good faith of any person making a report, providing medical records
or providing information pertaining to a workers' compensation or
insurance fraud investigation by the Attorney General, and
participating in a judicial proceeding resulting from a subpoena or
a report.

SECTION 591. AMENDATORY 21 O.S. 2021, Section 434, is
amended to read as follows:

Section 434. Every prisoner confined in the penitentiary for a
term less than for life, who attempts by force or fraud, although
unsuccessfully, to escape from such prison, shall be guilty of a
Class D2 felony offense and shall by punished by imprisonment as
ENR. H. B. NO. 2104 Page 576
provided for in subsections B through F of Section 20O of this
title.

SECTION 592. AMENDATORY 21 O.S. 2021, Section 436, is
amended to read as follows:

Section 436. Any prisoner confined in any other prison than the
penitentiary, who attempts by force or fraud, although
unsuccessfully, to escape therefrom, is guilty of a Class D2 felony
offense punishable by imprisonment in a county jail not exceeding
one (1) year, to commence from the expiration of the original term
of his imprisonment. Any subsequent conviction pursuant to this
section shall be a Class D2 felony offense, punishable by
imprisonment as provided for in subsection C of Section 20O of this
title.

SECTION 593. AMENDATORY 21 O.S. 2021, Section 444, is
amended to read as follows:

Section 444. A. It is unlawful for any person, after being
lawfully arrested or detained by a peace officer, to escape or
attempt to escape from such peace officer.

B. Any person who escapes or attempts to escape after being
lawfully arrested or detained for custody for a misdemeanor offense
shall be guilty of a misdemeanor.

C. Any person who escapes or attempts to escape after being
lawfully arrested or detained for custody for a felony offense shall
be guilty of a Class D2 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20O of this title.

D. It is unlawful for any person admitted to bail or released
on recognizance, bond, or undertaking for appearance before any
magistrate or court of the State of Oklahoma, and required as a
condition of such release from detention to wear any electronic
monitoring device on the body of the person to remove such device
without authorization from the court. For purposes of this
subsection, any person charged with a misdemeanor offense who
removes such device without authorization from the court shall be
guilty of a misdemeanor and any person charged with a felony offense
who removes such device without authorization from the court shall,
upon conviction, be guilty of a Class D3 felony offense and shall be
ENR. H. B. NO. 2104 Page 577
punished by imprisonment as provided for in subsections B through F
of Section 20P of this title.

SECTION 594. AMENDATORY 21 O.S. 2021, Section 650.5, as
amended by Section 2, Chapter 140, O.S.L. 2023 (21 O.S. Supp. 2024,
Section 650.5), is amended to read as follows:

Section 650.5. A. Every person who, without justifiable or
excusable cause and with intent to do bodily harm, commits any
aggravated assault and battery or any assault with a firearm or
other deadly weapon upon the person of a medical care provider, upon
conviction, is guilty of a Class D2 felony offense punishable by
imprisonment in the custody of the Department of Corrections for a
term not less than two (2) years nor more than five (5) years, or by
a fine not to exceed One Thousand Dollars ($1,000.00), or by both
such fine and imprisonment. Any subsequent conviction pursuant to
this section shall be a Class D2 felony offense, punishable by
imprisonment as provided for in subsection C of Section 20O of this
title.

B. As used in this section, "medical care provider" means
doctors, residents, interns, nurses, nurses' aides, ambulance
attendants and operators, paramedics, emergency medical technicians,
laboratory technicians, radiologic technologists, physical
therapists, physician assistants, chaplains, volunteers,
pharmacists, nursing students, medical students, members of a
hospital security force, and any other employees or independent
contractors working in or for a health care facility.

SECTION 595. AMENDATORY 21 O.S. 2021, Section 852, is
amended to read as follows:

Section 852. A. Unless otherwise provided for by law, any
parent, guardian, or person having custody or control of a child as
defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes who
willfully omits, without lawful excuse, to furnish necessary food,
clothing, shelter, monetary child support, medical attendance,
payment of court-ordered day care or payment of court-ordered
medical insurance costs for such child which is imposed by law, upon
conviction, is guilty of a misdemeanor; provided, any person
obligated to make child support payments who willfully and without
lawful excuse becomes delinquent in said child support payments
after September 1, 1993, and such delinquent child support accrues
without payment by the obligor for a period of one (1) year, or
exceeds Five Thousand Dollars ($5,000.00) shall, upon conviction
ENR. H. B. NO. 2104 Page 578
thereof, be guilty of a Class D2 felony which is offense punishable
in the same manner as any subsequent conviction pursuant to the
provisions of this section. Any subsequent conviction pursuant to
this section shall be a Class D2 felony offense, punishable by
imprisonment for not more than four (4) years in the custody of the
Department of Corrections as provided for in subsection C of Section
20O of this title, or by the imposition of a fine of not more than
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment. As used in this section, the duty to furnish medical
attendance shall mean that the parent or person having custody or
control of a child must furnish medical treatment in such manner and
on such occasions as an ordinarily prudent person, solicitous for
the welfare of a child, would provide; such parent or person having
custody or control of a child is not criminally liable for failure
to furnish medical attendance for every minor or trivial complaint
with which the child may be afflicted.

B. Any person who leaves the state to avoid providing necessary
food, clothing, shelter, court-ordered monetary child support, or
medical attendance for such child, upon conviction, shall be guilty
of a Class D2 felony offense punishable by imprisonment for not more
than four (4) years in the custody of the Department of Corrections,
or by the imposition of a fine of not more than Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment.

C. Nothing in this section shall be construed to mean a child
is endangered for the sole reason the parent, guardian or person
having custody or control of a child, in good faith, selects and
depends upon spiritual means alone through prayer, in accordance
with the tenets and practice of a recognized church or religious
denomination, for the treatment or cure of disease or remedial care
of such child; provided, that medical care shall be provided where
permanent physical damage could result to such child; and that the
laws, rules, and regulations relating to communicable diseases and
sanitary matters are not violated.

D. Nothing contained in this section shall prevent a court from
immediately assuming custody of a child and ordering whatever action
may be necessary, including medical treatment, to protect the health
or welfare of the child.

E. Psychiatric and psychological testing and counseling are
exempt from the provisions of this section.

ENR. H. B. NO. 2104 Page 579
F. If any parent of a child in cases in which the Department of
Human Services is providing services pursuant to Section 237 of
Title 56 of the Oklahoma Statutes is determined by the Department to
be willfully violating the provisions of this section, the
Department may refer the case to the proper district attorney for
prosecution. The Department shall provide assistance to the
district attorneys in such prosecutions. Any child support or
arrears payments made pursuant to this section shall be made payable
to the Department and paid through the Centralized Support Registry
pursuant to Section 413 of Title 43 of the Oklahoma Statutes.

G. Except for a third or subsequent conviction, all felony
convictions herein shall be administered under the provisions of the
Community Sentencing Act.

H. It is the duty of any parent having legal custody of a child
who is an alcohol-dependent person or a drug-dependent person, as
such terms are defined by Section 3-403 of Title 43A of the Oklahoma
Statutes, to provide for the treatment, as such term is defined by
Section 3-403 of Title 43A of the Oklahoma Statutes, of such child.
Any parent having legal custody of a child who is an alcohol-
dependent person or a drug-dependent person who without having made
a reasonable effort fails or willfully omits to provide for the
treatment of such child shall be guilty of a misdemeanor. For the
purpose of this subsection, the duty to provide for such treatment
shall mean that the parent having legal custody of a child must
provide for the treatment in such manner and on such occasions as an
ordinarily prudent person, solicitous for the welfare of a child,
would provide.

I. H. Venue is proper in prosecutions for violations of this
section in:

1. Any county where the child resides;

2. The county in which the court-ordered support was entered or
registered pursuant to the provisions of the Uniform Interstate
Family Support Act; or

3. The county in which the defendant resides.

SECTION 596. AMENDATORY 21 O.S. 2021, Section 856.2, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 580
Section 856.2. It shall be unlawful for any person to knowingly
and willfully harbour an endangered runaway child. Any person
violating the provisions of this section shall, upon conviction, be
guilty of a misdemeanor punishable by a fine not exceeding One
Thousand Dollars ($1,000.00), or by imprisonment in a county jail
not exceeding one (1) year, or by both such fine and imprisonment.
Every person convicted of a second or any subsequent violation
shall, upon conviction, be guilty of a Class D2 felony offense
punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment not exceeding three (3) years as
provided for in subsection C of Section 20O of this title, or by
both such fine and imprisonment. For purposes of this section, an
“endangered runaway child” means an unemancipated minor who is
voluntarily absent from the home for seventy-two (72) hours or more
without a compelling reason and without the consent of a custodial
parent or other custodial adult or an unemancipated minor who is
voluntarily absent from the home without a compelling reason and
without the consent of a custodial parent or other custodial adult
and the child needs medication or other special services. For
purposes of this section, “compelling reason” shall be defined as
provided in Section 856 of Title 21 of the Oklahoma Statutes.

SECTION 597. AMENDATORY 21 O.S. 2021, Section 1272.3, is
amended to read as follows:

Section 1272.3. It is unlawful for any person to knowingly
discharge, or cause to be discharged, any electrical stun gun, tear
gas weapon, mace, tear gas, pepper mace or any similar deleterious
agent against another person knowing the other person to be a peace
officer, corrections officer, probation or parole officer,
firefighter, or an emergency medical technician or paramedic who is
acting in the course of official duty. Any person violating the
provisions of this section, upon conviction, shall be guilty of a
Class D2 felony offense punishable by imprisonment in the custody of
the Department of Corrections for a term of not exceeding ten (10)
years, or by imprisonment in the county jail for a term of not
exceeding one (1) year.

SECTION 598. AMENDATORY 21 O.S. 2021, Section 1289.18,
is amended to read as follows:

Section 1289.18.

DEFINITIONS

ENR. H. B. NO. 2104 Page 581
A. "Sawed-off shotgun" shall mean any firearm capable of
discharging a series of projectiles of any material which may
reasonably be expected to be able to cause lethal injury, with a
barrel or barrels less than eighteen (18) inches in length, and
using a combustible propellant charge, but does not include any
weapon so designed with a barrel less than eighteen (18) inches in
length, provided it has an overall length of twenty-six (26) inches
or more.

B. "Sawed-off rifle" shall mean any rifle having a barrel or
barrels of less than sixteen (16) inches in length or any weapon
made from a rifle (whether by alteration, modification, or
otherwise) if such a weapon as modified has an overall length of
less than twenty-six (26) inches in length, including the stock
portion.

C. Every person who knowingly has in his possession or under
his immediate control a sawed-off shotgun or a sawed-off rifle,
whether concealed or not, shall upon conviction be guilty of a Class
D2 felony offense for the possession of such device, and shall be
punishable by a fine not to exceed One Thousand Dollars ($1,000.00),
or imprisonment in the State Penitentiary for a period not to exceed
two (2) years as provided for in subsections B through F of Section
20O of this title, or both such fine and imprisonment.

D. This section shall not apply to any firearm that is lawfully
possessed under federal law or that is otherwise not regulated as a
"firearm" pursuant to the National Firearms Act.

E. The term "firearm" as used in this section and in the
Oklahoma Firearms Act of 1971, shall not include an "antique
firearm" as defined in 18 U.S.C., Section 921 (2006).

SECTION 599. AMENDATORY 21 O.S. 2021, Section 1304, is
amended to read as follows:

Section 1304. Any person who shall send, deliver, mail or
otherwise transmit to any person, or persons, in this state any
letter, document or other written or printed matter, anonymous or
otherwise, designed to threaten or intimidate such person or
persons, or designed to put him or them in fear of life, bodily harm
or the destruction of his or their property, shall be deemed guilty
of committing a Class D2 felony offense, and upon conviction thereof
shall be punished by a fine of not less than Fifty Dollars ($50.00)
nor more than Five Hundred Dollars ($500.00), and by imprisonment in
ENR. H. B. NO. 2104 Page 582
the county jail or State Penitentiary for a period of not less than
ninety (90) days nor more than one (1) year as provided for in
subsections B through F of Section 20O of this title.

SECTION 600. AMENDATORY 63 O.S. 2021, Section 1-731, is
amended to read as follows:

Section 1-731. A. No person shall perform or induce an
abortion upon a pregnant woman unless that person is a physician
licensed to practice medicine in the State of Oklahoma who is board-
certified in obstetrics and gynecology. Any person violating this
section shall be guilty of a Class D2 felony offense punishable by
imprisonment for not less than one (1) year nor more than three (3)
years in the custody of the Department of Corrections.

B. No person shall perform or induce an abortion upon a
pregnant woman subsequent to the end of the first trimester of her
pregnancy, unless such abortion is performed or induced in a general
hospital.

SECTION 601. AMENDATORY 63 O.S. 2021, Section 1-733, is
amended to read as follows:

Section 1-733. No woman shall perform or induce an abortion
upon herself, except under the supervision of a duly licensed
physician. Any physician who supervises a woman in performing or
inducing an abortion upon herself shall fulfill all the requirements
of this article which apply to a physician performing or inducing an
abortion. Any person violating the provisions of this section shall
be guilty of a Class D2 felony offense.

SECTION 602. AMENDATORY 63 O.S. 2021, Section 1-737.9,
is amended to read as follows:

Section 1-737.9. A. Notwithstanding any other provision of
law, it shall be unlawful and deemed a Class D2 felony offense for
any person to purposely perform or attempt to perform a
dismemberment abortion and thereby kill an unborn child unless
necessary to prevent serious health risk to the unborn child's
mother.

B. A person accused in any proceeding of unlawful conduct under
subsection A of this section may seek a hearing before the State
Board of Medical Licensure and Supervision on whether the
dismemberment abortion was necessary to prevent serious health risk
ENR. H. B. NO. 2104 Page 583
to the unborn child's mother. The Board's findings are admissible
on that issue at any trial in which such unlawful conduct is
alleged. Upon a motion of the person accused, the court shall delay
the beginning of the trial for not more than thirty (30) days to
permit such a hearing to take place.

C. No woman upon whom an abortion is performed or attempted to
be performed shall be thereby liable for performing or attempting to
perform a dismemberment abortion. No nurse, technician, secretary,
receptionist or other employee or agent who is not a physician but
who acts at the direction of a physician and no pharmacist or other
individual who is not a physician but who fills a prescription or
provides instruments or materials used in an abortion at the
direction of or to a physician shall be thereby liable for
performing or attempting to perform a dismemberment abortion.

SECTION 603. AMENDATORY 63 O.S. 2021, Section 1-738.14,
is amended to read as follows:

Section 1-738.14. Any person who knowingly or recklessly
performs or attempts to perform an abortion in violation of the
Unborn Child Pain Awareness/Prevention Act shall be guilty of a
Class D2 felony offense. Any physician who knowingly or recklessly
submits a false report under subsection C of Section 13 of this act
shall be guilty of a misdemeanor. No penalty may be assessed
against the female upon whom the abortion is performed or attempted
to be performed. No penalty or civil liability may be assessed for
failure to comply with Section 8 of this act requiring a written
certification that the female has been informed of the opportunity
to review the information referred to in Section 8 of this act
unless the State Department of Health has made the printed materials
available at the time the physician or the agent of the physician is
required to inform the female of the right to review the materials.

SECTION 604. AMENDATORY 63 O.S. 2021, Section 1-740.4b,
is amended to read as follows:

Section 1-740.4b. A. A person who knowingly or recklessly uses
a false governmental record or makes a fraudulent representation or
statement in order to obtain an abortion for a minor in violation of
this title or intentionally causes, aids, abets or assists an
unemancipated minor to obtain an abortion without the consent
required by Section 1-740.2 of this title commits a Class D2 felony
offense.

ENR. H. B. NO. 2104 Page 584
B. A physician who intentionally or knowingly performs an
abortion on a pregnant unemancipated minor in violation of this
title commits a Class D2 felony offense.

C. 1. It is a defense to prosecution under subsection B of
this section if the person falsely representing himself or herself
as the parent or guardian of the minor displayed an apparently valid
governmental record of identification such that a reasonable person,
under similar circumstances, would have relied on the
representation.

2. The defense does not apply if the physician, or agent of the
physician, failed to use due diligence in determining the age of the
minor or the identity of the person represented as the parent or
guardian of the minor.

D. A person who knowingly or recklessly uses a false
governmental record or makes a fraudulent representation or
statement in order to obtain an abortion for a minor in violation of
this title or intentionally causes, aids, abets or assists an
unemancipated minor to obtain an abortion without the consent
required by Section 1-740.2 of this title or any physician who
intentionally or knowingly performs an abortion on a pregnant
unemancipated minor in violation of this title shall be civilly
liable to the minor and to the person or persons required to give
consent pursuant to the provisions of Section 1-740.2 of this title.
A court may award damages to the person or persons adversely
affected by a violation of this section including compensation for
emotional injury without the need for personal presence at the act
or event, and the court may further award attorney fees, litigation
costs, and punitive damages. Any adult who engages in or consents
to another person engaging in a sexual act with a minor, which
results in the minor's pregnancy, shall not be awarded damages under
this section.

E. A court of competent jurisdiction may enjoin conduct that
would be in violation of this section upon petition by the Attorney
General, a district attorney or any person adversely affected or who
reasonably may be adversely affected by such conduct, upon a showing
that such conduct:

1. Is reasonably anticipated to occur in the future; or

2. Has occurred in the past, whether with the same minor or
others, and that it is reasonably expected to be repeated.
ENR. H. B. NO. 2104 Page 585

F. It is not a defense to a claim brought pursuant to this
section that the minor gave informed and voluntary consent.

G. An unemancipated minor does not have the capacity to consent
to any action that violates this title.

SECTION 605. AMENDATORY 63 O.S. 2021, Section 1-745.7,
is amended to read as follows:

Section 1-745.7. Any person who knowingly or recklessly
performs or induces or attempts to perform or induce an abortion in
violation of the Pain-Capable Unborn Child Protection Act shall be
guilty of a Class D2 felony offense. No penalty may be assessed
against the woman upon whom the abortion is performed or induced or
attempted to be performed or induced.

SECTION 606. AMENDATORY 63 O.S. 2021, Section 1-746.7,
is amended to read as follows:

Section 1-746.7. Any person who knowingly or recklessly
performs or attempts to perform an abortion in violation of this act
shall be guilty of a Class D2 felony offense. No penalty may be
assessed against the female upon whom the abortion is performed or
attempted to be performed.

No penalty or civil liability may be assessed for failure to
comply with paragraph 1 or 2 of Section 2 of this act or that
portion of paragraph 3 of Section 2 of this act requiring a written
certification that the female has been informed of her opportunity
to review the information referred to in paragraph 1 of Section 2 of
this act unless the Board has made the printed materials available
at the time the physician or the physician's agent is required to
inform the female of her right to review them.

SECTION 607. AMENDATORY 63 O.S. 2021, Section 1-749, is
amended to read as follows:

Section 1-749. A. Any physician who performs an abortion on a
minor who is less than fourteen (14) years of age at the time of the
abortion shall preserve, in accordance with rules promulgated by the
Oklahoma State Bureau of Investigation, fetal tissue extracted
during such abortion. The physician shall submit the tissue to the
Oklahoma State Bureau of Investigation.

ENR. H. B. NO. 2104 Page 586
B. The Oklahoma State Bureau of Investigation shall adopt rules
to implement the provisions of this section. Such rules shall
contain, at a minimum:

1. The amount and type of fetal tissue to be preserved and
submitted by a physician pursuant to the provisions of this section;

2. Procedures for the proper preservation of such tissue for
the purposes of DNA testing and examination;

3. Procedures for documenting the chain of custody of such
tissue for use as evidence;

4. Procedures for the proper disposal of fetal tissue preserved
pursuant to this section;

5. A uniform reporting form mandated to be utilized by
physicians when submitting fetal tissue under this section, which
shall include the name and address of the physician submitting the
fetal tissue and the name and complete address of residence of the
parent or legal guardian of the minor upon whom the abortion was
performed; and

6. Procedures for communication with law enforcement regarding
evidence and information obtained pursuant to this section.

C. Failure of a physician to comply with any requirement of
this section or any rule adopted thereunder:

1. Shall constitute unprofessional conduct pursuant to the
provisions of Section 509 of Title 59 of the Oklahoma Statutes; and

2. Is a Class D2 felony offense.

SECTION 608. AMENDATORY 2 O.S. 2021, Section 2-18, is
amended to read as follows:

Section 2-18. A. After notice and opportunity for a hearing in
accordance with the Administrative Procedures Act, if the State
Board of Agriculture finds any person in violation of the Oklahoma
Agricultural Code or any rule promulgated or order issued pursuant
thereto, the Board shall have the authority to assess an
administrative penalty of not less than One Hundred Dollars
($100.00) and not more than Ten Thousand Dollars ($10,000.00) for
ENR. H. B. NO. 2104 Page 587
each violation. Each animal, each action, or each day a violation
continues may constitute a separate and distinct violation.

B. The Board may appoint administrative law judges to conduct
the hearings. Hearings shall be held at a location within the
region in which the alleged violator resides or the violation
occurred, or the central offices of the State Board of Agriculture
in Oklahoma City, Oklahoma.

C. Any person who fails to comply with the provisions of the
Oklahoma Agricultural Code or rules promulgated by the Board shall
be deemed guilty of a misdemeanor unless a violation of the Oklahoma
Agricultural Code or rules promulgated thereto is specifically
identified with a penalty or as a Class D3 felony offense in the
individual articles of the Oklahoma Agricultural Code. Any person
who violates the provisions of this subsection shall, upon
conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

D. Nothing in the Oklahoma Agricultural Code shall preclude the
Board from seeking penalties in district court in the maximum amount
allowed by law. The assessment of penalties in an administrative
enforcement proceeding shall not prevent the subsequent assessment
by a court of the maximum civil or criminal penalties for violations
of the Oklahoma Agricultural Code and rules promulgated pursuant
thereto.

E. Any person assessed an administrative or civil penalty may
be required to pay, in addition to the penalty amount and interest
thereon, attorney fees and costs associated with the collection of
the penalties.

SECTION 609. AMENDATORY 2 O.S. 2021, Section 5-106, is
amended to read as follows:

Section 5-106. A. A person convicted of any of the offenses
defined in subsections A and B of Section 3 of this act shall be
guilty of a Class D3 felony offense and, upon conviction, shall be
punished by a fine not to exceed Ten Thousand Dollars ($10,000.00)
or by imprisonment for a term not to exceed three (3) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or both.

ENR. H. B. NO. 2104 Page 588
B. Any person violating subsection C of Section 3 of this act
shall be guilty of a misdemeanor.

SECTION 610. AMENDATORY 2 O.S. 2021, Section 6-94, is
amended to read as follows:

Section 6-94. A. The owner of exposed animals or reactors
shall present the animals for branding or tagging within fifteen
(15) days after receiving notice of reaction or exposure. The
failure of an owner to comply with the requirements of this
subsection shall be deemed a misdemeanor.

B. The removal of any permanent mark or brand, including
official identification, from any animal with a reportable disease
or those classified as diseased in a herd being depopulated, without
prior authorization from the State Veterinarian, shall be deemed a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 611. AMENDATORY 2 O.S. 2021, Section 6-125, is
amended to read as follows:

Section 6-125. It shall be unlawful and a misdemeanor for any
person to remove, change the location of, or to bring into or to
take out of any place or area that has been quarantined, any
livestock covered by the order of quarantine or to violate any of
the conditions of the quarantine. If the aggregate value of the
quarantined livestock is in excess of One Thousand Dollars
($1,000.00), then the person shall, upon conviction, be guilty of a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 612. AMENDATORY 2 O.S. 2021, Section 6-151, is
amended to read as follows:

Section 6-151. A. 1. It shall be unlawful and deemed a Class
D3 felony offense to ship, transport, or cause to be shipped or
transported any livestock into the State of Oklahoma, unless
accompanied by an official health certificate, permit, or both,
which shall be in the possession of the driver of the vehicle or
person in charge of the livestock.

ENR. H. B. NO. 2104 Page 589
2. The owner of the livestock, the shipper, and the operator of
the vehicle transporting the livestock shall be equally and
individually responsible for meeting all requirements regarding
health certificates, permits, and the movement of livestock into
this state.

3. An official health certificate or permit shall not be
required for any livestock shipped directly from a farm of origin,
with no diversion in route, to an approved market or slaughtering
establishment operating under state or federal supervision, if a
waybill, bill of lading, or certificate of ownership accompanies the
shipment showing the consignor and the point of origin of the
shipment, and the approved market or slaughtering establishment to
which the livestock are shipped.

B. 1. It shall be unlawful and deemed a Class D3 felony
offense for any livestock that are affected with or that have been
exposed to any infectious, contagious, or communicable disease or
which originate from a quarantined area to be shipped or in any
manner transported or moved into or through the state until written
permission for entry, transportation, or movement is obtained from
the State Board of Agriculture or its authorized agent.

2. A written permit shall not be required for diseased animals
which are approved for interstate shipment under specified
restrictions by the United States Department of Agriculture.

SECTION 613. AMENDATORY 2 O.S. 2021, Section 6-155, is
amended to read as follows:

Section 6-155. Any person violating the provisions of
subsections (a) A and (b) B of Section 6-151 of this title relating
to the importation and transportation of livestock, is guilty of a
Class D3 felony offense and subject to a maximum punishment of two
(2) years in prison imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes, or a
Two Thousand Dollar ($2,000.00) fine, or both. Any person violating
any of the other provisions of this section, relating to the
importation and transportation of livestock, is guilty of a
misdemeanor and subject to a maximum punishment of six (6) months in
the county jail or a Five Hundred Dollar ($500.00) fine, or both.
Each animal brought into the state in violation of any of the
provisions of this section shall constitute a separate and distinct
violation.

ENR. H. B. NO. 2104 Page 590
SECTION 614. AMENDATORY 2 O.S. 2021, Section 6-190, is
amended to read as follows:

Section 6-190. No person, firm or corporation shall, with
respect to any cattle, bison, sheep, swine, goats, horses, mules or
other equines, or any carcasses, parts of carcasses, meat or meat
food products of any such animals:

(a) Slaughter any such animals or prepare any such articles
which are capable of use as human food at any establishment
preparing such articles for intrastate commerce, except in
compliance with the requirements of this act. Any person who
violates the provisions of this paragraph shall, upon conviction, be
guilty of a Class D3 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes;

(b) Slaughter or handle in connection with slaughter any such
animals in any manner not in accordance with Section 6-183 of this
title. Any person who violates the provisions of this paragraph
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes;

(c) Sell, transport, offer for sale or transportation, or
receive for transportation, in intrastate commerce, (1) any such
articles which (A) are capable of use as human food, and (B) are
adulterated or misbranded at the time of such sale, transportation,
offer for sale or transportation, or receipt for transportation; or
(2) any articles required to be inspected under Sections 6-181
through 6-196 of this title unless they have been so inspected and
passed;

(d) Do, with respect to any such articles which are capable of
use as human food, any act while they are being transported in
intrastate commerce or held for sale after such transportation,
which is intended to cause or has the effect of causing such
articles to be adulterated or misbranded.

SECTION 615. AMENDATORY 2 O.S. 2021, Section 6-191, is
amended to read as follows:

Section 6-191. (a) No brand manufacturer, printer, or other
person, firm, or corporation shall cast, print, lithograph, or
otherwise make any device containing any official mark or simulation
ENR. H. B. NO. 2104 Page 591
thereof, or any label bearing any such mark or simulation, or any
form of official certificate or simulation thereof, except as
authorized by the Board.

(b) No person, firm, or corporation shall

(1) forge any official device, mark, or certificate;

(2) without authorization from the Board use any official
device, mark, or certificate, or simulation thereof, or alter,
detach, deface, or destroy any official device, mark, or
certificate;

(3) contrary to the regulations prescribed by the Board, fail to
use, or to detach, deface, or destroy any official device, mark, or
certificate;

(4) knowingly possess, without promptly notifying the Board or
its representative, any official device or any counterfeit,
simulated, forged, or improperly altered official certificate or any
device or label or any carcass of any animal, or part or product
thereof, bearing any counterfeit, simulated, forged, or improperly
altered official mark;

(5) knowingly make any false statement in any shipper's
certificate or other nonofficial or official certificate provided
for in the regulations prescribed by the Board; or

(6) knowingly represent that any article has been inspected and
passed, or exempted, under this act, when, in fact, it has,
respectively, not been so inspected and passed, or exempted.

(c) Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 616. AMENDATORY 2 O.S. 2021, Section 6-192, is
amended to read as follows:

Section 6-192. A. It shall be unlawful and deemed a Class D3
felony offense for any person to sell, offer or exhibit for sale, or
have in his or her possession with intent to sell, any quantity of
horsemeat for human consumption in Oklahoma. Any person who
violates the provisions of this subsection shall, upon conviction,
ENR. H. B. NO. 2104 Page 592
be guilty of a Class D3 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes.

B. It shall be unlawful for any person to transfer the
possession of any horsemeat to any other person when the person so
transferring knows, or in the exercise of a reasonable discretion
should have known, that the person receiving the horsemeat intends
to sell it in this state, offer it for sale in this state, exhibit
it for sale in this state, or keep it in his possession with intent
to sell it for human consumption in this state.

C. No person, firm, or corporation shall sell in this state,
transport, offer for sale in this state or transportation, or
receive for transportation, in intrastate commerce, any carcasses of
horses, mules, or other equines or parts of such carcasses, or the
meat or meat food products thereof, unless they are plainly and
conspicuously marked or labeled or otherwise identified as required
by regulations prescribed by the Board to show the kinds of animals
from which they were derived. When required by the Board with
respect to establishments at which inspection is maintained under
Section 6-181 et seq. of this title, such animals and their
carcasses, parts thereof, meat and meat food products shall be
prepared in establishments separate from those in which cattle,
sheep, swine, or goats are slaughtered or their carcasses, parts
thereof, meat or meat food products are prepared.

D. The State Commissioner of Health or his or her authorized
representative shall have free access to any transport vehicle,
factory, warehouse or establishment in which horsemeat or feed
suspected of containing horsemeat is transported, manufactured,
processed, packed, sold, or prepared for serving to secure, after
payment or offer to pay therefor, samples or specimens of such
products found therein, to examine any and all sales records,
shipping records relating to foods or horsemeat, to embargo any
article of food or horsemeat suspected of being in violation of law,
and to determine whether any law is being violated.

E. For the purpose of this section:

1. The term "horsemeat" shall mean the meat or flesh of any
animal of the equine genus;

ENR. H. B. NO. 2104 Page 593
2. The term "package" or "container" shall mean the original,
properly labeled package or container in which the horsemeat was
packaged by the packer or processor at the point of origin; and

3. The term "properly labeled" shall mean a display of written,
printed or graphic matter upon the outside package or container, or
wrapper if there be one, stating the name and address of the
original packer or processor, and in addition thereto shall include
the word "horsemeat". All letters and words of the label shall be
legible and of such size as to be easily read and understood by the
ordinary individual under customary conditions of purchase and use.

SECTION 617. AMENDATORY 2 O.S. 2021, Section 6-194, is
amended to read as follows:

Section 6-194. Any person, firm, or corporation, or any agent
or employee of any person, firm, or corporation, who shall give,
pay, or offer, directly or indirectly, to any inspector, deputy
inspector, chief inspector, or any other officer or employee of this
state authorized to perform any of the duties prescribed by this act
or by the rules of the Board, any money or other thing of value,
with intent to influence said inspector, deputy inspector, chief
inspector, or other officer or employee of this state in the
discharge of any duty herein provided for, shall be deemed guilty of
a Class D3 felony offense, upon conviction thereof, and shall be
punished by a fine not less than Five Thousand Dollars ($5,000.00)
nor more than Ten Thousand Dollars ($10,000.00) and by imprisonment
not less than one (1) year nor more than three (3) years as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes; and any inspector, deputy inspector, chief
inspector, or other officer or employee of this state authorized to
perform any of the duties prescribed by this act who shall accept
any money, gift, or other thing of value from any person, firm, or
corporation, or officers, agents, or employees thereof, given with
intent to influence his official action, or who shall receive or
accept from any person, firm, or corporation engaged in intrastate
commerce any gift, money, or other thing of value given with any
purpose or intent whatsoever, shall be deemed guilty of a Class D3
felony offense and shall, upon conviction thereof, be summarily
discharged from office and shall be punished by a fine not less than
One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars
($10,000.00) and by imprisonment not less than one (1) year nor more
than three (3) years as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 594
SECTION 618. AMENDATORY 2 O.S. 2021, Section 6-197, is
amended to read as follows:

Section 6-197. Inspection shall not be provided under Sections
181 et seq. of this title at any establishment for the slaughter of
cattle, bison, sheep, swine, goats, horses, mules, or other equines,
or the preparation of any carcasses or parts or products of such
animals which are not intended for use as human food, but such
articles shall, prior to their offer for sale or transportation in
intrastate commerce, unless naturally inedible by humans, be
denatured or otherwise identified as prescribed by regulations of
the Board to deter their use for human food. No person, firm, or
corporation shall buy, sell, transport, or offer for sale or
transportation, or receive for transportation, in intrastate
commerce, any carcasses, parts thereof, meat or meat food products
of any such animals, which are not intended for use as human food
unless they are denatured or otherwise identified as required by the
regulations of the Board or are naturally inedible by humans. Any
person who violates the provisions of this section shall, upon
conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 619. AMENDATORY 2 O.S. 2021, Section 6-199, is
amended to read as follows:

Section 6-199. No person, firm, or corporation shall engage in
business, in or for intrastate commerce, as a meat broker, renderer,
or animal food manufacturer, or engage in business in such commerce
as a wholesaler of any carcasses, or parts or products of the
carcasses, of any cattle, bison, sheep, swine, goats, horses, mules,
or other equines, whether intended for human food or other purposes,
or engage in business as a public warehouseman storing any such
articles in or for such commerce, or engage in the business of
buying, selling, or transporting in such commerce any dead, dying,
disabled, or diseased animals of the specified kinds, or parts of
the carcasses of any such animals that died otherwise than by
slaughter, unless, when required by regulations of the Board, he has
registered with the Board his name, and the address of each place of
business at which and all trade names under which he conducts such
business. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 595
SECTION 620. AMENDATORY 2 O.S. 2021, Section 6-200, is
amended to read as follows:

Section 6-200. No person, firm, or corporation engaged in the
business of buying, selling, or transporting in intrastate commerce
dead, dying, disabled, or diseased animals, or any part of the
carcasses of any animals that died otherwise than by slaughter,
shall buy, sell, transport, offer for sale or transportation, or
receive for transportation, in such commerce, any dead, dying,
disabled, or diseased cattle, bison, sheep, swine, goats, horses,
mules or other equines, or parts of the carcasses of any such
animals that died otherwise than by slaughter, unless such
transaction or transportation is made in accordance with such
regulations as the Board prescribes to assure that such animals, or
the unwholesome parts or products thereof, will be prevented from
being used for human food purposes. Any person who violates the
provisions of this section shall, upon conviction, be guilty of a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 621. AMENDATORY 2 O.S. 2021, Section 6-207, is
amended to read as follows:

Section 6-207. (a) Any person, firm, or corporation who
violates any provision of the Oklahoma Meat Inspection Act for which
no other criminal penalty is provided by this act shall upon
conviction be subject to imprisonment for not more than one (1)
year, or a fine of not more than One Thousand Dollars ($1,000.00),
or both such imprisonment and fine; but if such violation involves
intent to defraud, or any distribution or attempted distribution of
an article that is adulterated (except as defined in subparagraph
(8) of paragraph (j) of Section 6-182 of this title), such person,
firm, or corporation shall be guilty of a Class D3 felony offense
and shall be subject to imprisonment for not more than three (3)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or a fine of not more than Ten
Thousand Dollars ($10,000.00), or both; provided, that no person,
firm, or corporation shall be subject to penalties under this
section for receiving for transportation any article or animal in
violation of this act if such receipt was made in good faith, unless
such person, firm, or corporation refuses to furnish on request of a
representative of the Board the name and address of the person from
whom he received such article or animal, and copies of all
ENR. H. B. NO. 2104 Page 596
documents, if any there be, pertaining to the delivery of the
article or animal to him.

(b) Nothing in this act shall be construed as requiring the
Board to report for prosecution, or for the institution of legal
action or injunction proceedings, minor violations of this act
whenever it believes that the public interest will be adequately
served by a suitable written notice of warning.

SECTION 622. AMENDATORY 2 O.S. 2021, Section 6-258, is
amended to read as follows:

Section 6-258. A. All poultry products inspected at any
official establishment under the authority of this act and found to
be not adulterated shall at the time they leave the establishment
bear, in distinctly legible form, on their shipping containers and
immediate containers as the Board may require, the information
required under paragraph 12 of Section 4 of this act. In addition,
the Board whenever it determines such action is practicable and
necessary for the protection of the public may require nonconsumer
packaged carcasses at the time they leave the establishment to bear
directly thereon in distinctly legible form any information required
under such paragraph 12.

B. The Board, whenever it determines such action is necessary
for the protection of the public, may prescribe:

1. the styles and sizes of type to be used with respect to
material required to be incorporated in labeling to avoid false or
misleading labeling in marking or otherwise labeling any articles or
poultry subject to this act; and

2. definitions and standards of identity or composition
for articles subject to this act and standards of fill of container
for such articles not inconsistent with any such standards
established under the Federal Food, Drug, and Cosmetic Act, or under
the Federal Poultry Products Inspection Act, and there shall be
consultation between the Board and the Secretary of Agriculture of
the United States prior to the issuance of such standards to avoid
inconsistency between such standards and the Federal standards.

C. No article subject to this act shall be sold or offered for
sale by any person in intrastate commerce, under any name or other
marking or labeling which is false or misleading, or in any
container of a misleading form or size, but established trade names
ENR. H. B. NO. 2104 Page 597
and other marking and labeling and containers which are not false or
misleading and which are approved by the Board are permitted. Any
person who violates the provisions of this subsection shall, upon
conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

D. If the Board has reason to believe that any marking or
labeling or the size or form of any container in use or proposed for
use with respect to any article subject to this act is false or
misleading in any particular, it may direct that such use be
withheld unless the marking, labeling, or container is modified in
such manner as it may prescribe so that it will not be false or
misleading. If the person using or proposing to use the marking,
labeling or container does not accept the determination of the
Board, such person may request a hearing, but the use of the
marking, labeling, or container shall, if the Board so directs, be
withheld pending hearing and final determination by the Board. Any
such determination by the Board shall be conclusive unless, within
thirty (30) days after receipt of notice of such final
determination, the person adversely affected thereby appeals to the
District Court of Oklahoma County. This provision would not apply to
established trademarks or labeling approved by the U.S.D.A.

SECTION 623. AMENDATORY 2 O.S. 2021, Section 6-259, is
amended to read as follows:

Section 6-259. A. No person shall:

1. slaughter any poultry or process any poultry products
which are capable of use as human food at any establishment
processing any such articles solely for intrastate commerce, except
in compliance with the requirements of this act;

2. sell, transport, offer for sale or transportation, or
receive for transportation, in intrastate commerce:

(a) any poultry products which are capable of use as
human food and are adulterated or misbranded at the
time of such sale, transportation, offer for sale or
transportation, or receipt for transportation; or

(b) any poultry products required to be inspected
under this act unless they have been so inspected and
passed;
ENR. H. B. NO. 2104 Page 598

3. do, with respect to any poultry products which are
capable of use as human food, any act while they are being
transported in intrastate commerce or held for sale after such
transportation, which is intended to cause or has the effect of
causing such products to be adulterated or misbranded;

4. sell, transport, offer for sale or transportation, or
receive for transportation, in intrastate commerce or from an
official establishment, any slaughtered poultry from which the
blood, feathers, feet, head, or viscera have not been removed in
accordance with regulations promulgated by the Board, except as may
be authorized by regulations of the Board;

5. use to his own advantage, or reveal other than to the
authorized representatives of the state government or any other
government in their official capacity, or as ordered by a court in
any judicial proceedings, any information acquired under the
authority of this act concerning any matter which is entitled to
protection as a trade secret.

B. No brand manufacturer, printer, or other person shall cast,
print, lithograph, or otherwise make any device containing any
official mark or simulation thereof, or any label bearing any such
mark or simulation, or any form of official certificate or
simulation thereof, except as authorized by the Board.

C. No person shall:

1. forge any official device, mark, or certificate;

2. without authorization from the Board use any official
device, mark, or certificate, or simulation thereof, or alter,
detach, deface, or destroy any official device, mark, or
certificate;

3. contrary to the regulations prescribed by the Board,
fail to use, or to detach, deface, or destroy any official device,
mark, or certificate;

4. knowingly possess, without promptly notifying the Board
or its representative, any official device or any counterfeit,
simulated, forged, or improperly altered official certificate or any
device or label or any carcass of any poultry, or part or product
ENR. H. B. NO. 2104 Page 599
thereof, bearing any counterfeit, simulated, forged, or improperly
altered official mark;

5. knowingly make any false statement in any shipper's
certificate or other nonofficial or official certificate provided
for in the regulations prescribed by the Board; or

6. knowingly represent that any article has been inspected
and passed, or exempted, under this act when, in fact, it has,
respectively, not been so inspected and passed, or exempted.

D. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 624. AMENDATORY 2 O.S. 2021, Section 6-260, is
amended to read as follows:

Section 6-260. No establishment processing poultry or poultry
products solely for intrastate commerce shall process any poultry or
poultry product capable of use as human food except in compliance
with the requirements of this act. Any person who violates the
provisions of this section shall, upon conviction, be guilty of a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 625. AMENDATORY 2 O.S. 2021, Section 6-261, is
amended to read as follows:

Section 6-261. A. Inspection shall not be provided under this
act at any establishment for the slaughter of poultry or the
processing of any carcasses or parts or products of poultry, which
are not intended for use as human food, but such articles shall,
prior to their offer for sale or transportation in intrastate
commerce, be denatured or otherwise identified as prescribed by
regulations of the Board to deter their use for human food. No
person shall buy, sell, transport, or offer for sale or
transportation, or receive for transportation, in intrastate
commerce, any poultry carcasses or parts or products thereof which
are not intended for use as human food unless they are denatured or
otherwise identified as required by the regulations of the Board or
naturally inedible by humans.

ENR. H. B. NO. 2104 Page 600
B. The following classes of persons shall, for such period of
time as the Board may by regulations prescribe, not to exceed two
(2) years unless otherwise directed by the Board for good cause
shown, keep such records as are properly necessary for the effective
enforcement of this act in order to insure against adulterated or
misbranded poultry products for the American consumer; and all
persons subject to such requirements shall, at all reasonable times,
upon notice by a duly authorized representative of the Board, afford
such representative access to their places of business and
opportunity to examine the facilities, inventory, and records
thereof, to copy all such records, and to take reasonable samples of
their inventory upon payment of the fair market value therefor:

1. Any person that engages in the business of slaughtering any
poultry or processing, freezing, packaging, or labeling any
carcasses, or parts or products of carcasses, of any poultry, for
intrastate commerce, for use as human food or animal food;

2. Any person that engages in the business of buying or
selling, as poultry products brokers, wholesalers, or otherwise, or
transporting, in intrastate commerce, or storing in or for
intrastate commerce, any carcasses, or parts or products of
carcasses, of any poultry;

3. Any person that engages in business, in or for intrastate
commerce, as a renderer, or engages in the business of buying,
selling, or transporting, in intrastate commerce, any dead, dying,
disabled, or diseased poultry or parts of the carcasses of any
poultry that died otherwise than by slaughter.

C. No person shall engage in business, in or for intrastate
commerce, as a poultry products broker, renderer, or animal food
manufacturer, or engage in business in intrastate commerce as a
wholesaler of any carcasses, or parts or products of the carcasses,
of any poultry, whether intended for human food or other purposes,
or engage in business as a public warehouseman storing any such
articles in or for intrastate commerce, or engage in the business of
buying, selling, or transporting in intrastate commerce any dead,
dying, disabled, or diseased poultry, or parts of the carcasses of
any poultry that died otherwise than by slaughter, unless, when
required by regulations of the Board, he has registered with the
Board his name and the address of each place of business at which,
and all trade names under which, he conducts such business.

ENR. H. B. NO. 2104 Page 601
D. No person engaged in the business of buying, selling, or
transporting in intrastate commerce, dead, dying, disabled or
diseased poultry, or any parts of the carcasses of any poultry that
dies otherwise than by slaughter, shall buy, sell, transport, offer
for sale or transportation, or receive for transportation in
intrastate commerce, any dead, dying, disabled, or diseased poultry
or parts of the carcasses of any poultry that died otherwise than by
slaughter, unless such transaction or transportation is made in
accordance with such regulations as the Board may prescribe to
assure that such poultry, or the unwholesome parts or products
thereof, will be prevented from being used for human food.

E. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 626. AMENDATORY 2 O.S. 2021, Section 6-262, is
amended to read as follows:

Section 6-262. A. Any person who violates the provisions of
Sections 6-259, 6-260, 6-261 or 6-264 of this title shall be fined
not more than One Thousand Dollars ($1,000.00) or imprisoned not
more than one (1) year, or both; but if such violation involves
intent to defraud, or any distribution or attempted distribution of
an article that is adulterated, except as defined in subparagraph
(h) of paragraph 11 of Section 6-254 of this title, such person
shall be guilty of a Class D3 felony offense and fined not more than
Ten Thousand Dollars ($10,000.00), or imprisoned not more than three
(3) years as provided for in subsections B through F of Section 20P
of Title 21 of the Oklahoma Statutes, or both. When construing or
enforcing the provisions of said sections, the act, omission, or
failure of any person acting for or employed by any individual,
partnership, corporation, or association within the scope of his
employment or office shall in every case be deemed the act,
omission, or failure of such individual, partnership, corporation,
or association, as well as of such person.

B. No carrier shall be subject to the penalties of this act,
other than the penalties for violation of Section 6-261 of this
title, by reason of his receipt, carriage, holding, or delivery, in
the usual course of business, as a carrier of poultry or poultry
products, owned by another person unless the carrier has knowledge,
or is in possession of facts which would cause a reasonable person
to believe that such poultry or poultry products were not inspected
ENR. H. B. NO. 2104 Page 602
or marked in accordance with the provisions of this act or were
otherwise not eligible for transportation under this act or unless
the carrier refuses to furnish on request of a representative of the
Board the name and address of the person from whom he received such
poultry or poultry products, and copies of all documents, if any
there be, pertaining to the delivery of the poultry or poultry
products to such carrier.

C. Any person who interferes by any act with an inspector in
the performance of his official duties shall be guilty of a
misdemeanor.

SECTION 627. AMENDATORY 2 O.S. 2021, Section 6-264, is
amended to read as follows:

Section 6-264. A. The Board may by regulations prescribe
conditions under which poultry products capable of use as human food
shall be stored or otherwise handled by any person engaged in the
business of buying, selling, freezing, storing, or transporting, in
or for intrastate commerce, such articles, whenever the Board deems
such action necessary to assure that such articles will not be
adulterated or misbranded when delivered to the consumer. Violation
of any such regulation is prohibited and shall be deemed a Class D3
felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

B. The Board shall promulgate such other rules and regulations
as are necessary to carry out the provisions of this act.

C. When opportunity is afforded for submission of comments by
interested persons on proposed rules or regulations under this act,
it shall include opportunity for oral presentation of views.

SECTION 628. AMENDATORY 2 O.S. 2021, Section 6-611, is
amended to read as follows:

Section 6-611. A. No person shall intentionally or knowingly
release or engage in, sponsor, instigate, assist, or profit from the
release of any hog, boar, swine, or pig to live in a wild or feral
state upon public or private lands, except for:

1. Release into a licensed sporting facility pursuant to the
Feral Swine Control Act; or

ENR. H. B. NO. 2104 Page 603
2. When utilizing the Judas pig tagging system, release onto
the same private land on which a feral hog was trapped or caught.
In order to come under the release authorization of this paragraph,
the release must occur within twenty-four (24) hours of the capture
of the hog.

B. No person shall knowingly or intentionally violate the
importation, testing, permitting, licensing, and transportation
requirements contained in the Feral Swine Control Act and rules
promulgated thereto.

C. Any person violating the provisions of this section is
guilty of a Class D3 felony offense and subject to a maximum
punishment of two (2) years in prison imprisonment as provided for
in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes, a fine of Two Thousand Dollars ($2,000.00), or
both fine and imprisonment.

SECTION 629. AMENDATORY 2 O.S. 2021, Section 9-37, is
amended to read as follows:

Section 9-37. Any person who deposits or attempts to deposit in
a public warehouse any commodities upon which a lien or mortgage
exists, without notifying the manager of the public warehouse, and
any person who, in order to procure any warehouse receipt, knowingly
makes any false statement of material fact shall, upon conviction,
be guilty of a Class D3 felony offense. The fine for a violation of
this section shall not be more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the State Penitentiary for a
period of not more than two (2) years as provided for in subsections
B through F of Section 20P of Title 21 of the Oklahoma Statutes, or
by both such fine and imprisonment.

SECTION 630. AMENDATORY 2 O.S. 2021, Section 9-132, is
amended to read as follows:

Section 9-132. A. Except as provided by subsection C of this
section, no person shall operate, conduct, or maintain a livestock
auction market unless the person holds a livestock auction market
license issued by the State Board of Agriculture and has:

1. Executed a corporate surety bond pursuant to the provisions
of this section. The bond shall be conditioned upon the prompt and
faithful accounting for all livestock received, handled, or sold,
ENR. H. B. NO. 2104 Page 604
and the remittance of the proceeds from any sale, purchase, or
exchange of any livestock to the consignor;

2. Opened a certificate of deposit account or a money market
savings account. For a certificate of deposit account or a money
market savings account to be eligible pursuant to the provisions of
this section:

a. the account shall be opened at a federally insured
financial depository,

b. an officer of the financial depository shall
specifically acknowledge and guarantee the deposit of
the funds required by subsection B of this section
until otherwise released pursuant to this subsection,

c. the person operating, conducting, or maintaining a
livestock auction market may only withdraw funds
deposited in a certificate of deposit account or a
money market savings account sixty (60) days after
the person has permanently ceased operations of the
livestock auction market unless the person presents to
the financial institution a written authorization for
release of funds by the Oklahoma Department of
Agriculture, Food, and Forestry; or

3. Provided other financial instruments allowable for livestock
markets by the Federal Packers and Stockyards Act of 1921, as
amended.

B. 1. The corporate surety bond or account required by
subsection A of this section for any person operating, conducting,
or maintaining a livestock auction market shall be in accordance
with the provisions of the Federal Packers and Stockyards Act of
1921, as amended, but shall not be less than Twenty-five Thousand
Dollars ($25,000.00) for any person conducting less than twenty-five
sales in any license year, or no single sale exceeds gross sales of
Twenty-five Thousand Dollars ($25,000.00).

2. For all other sales, the corporate surety bond or account
required by subsection A of this section for any person operating,
conducting, or maintaining a livestock auction market that does not
meet the criteria in paragraph 1 of this subsection shall be in
accordance with the provisions of the Federal Packers and Stockyards
Act of 1921, as amended, but shall not be less than Fifty Thousand
ENR. H. B. NO. 2104 Page 605
Dollars ($50,000.00) unless the Department approves a lesser amount
pursuant to rules promulgated by the State Board of Agriculture.

C. The corporate surety bond or account required by subsection
A of this section shall not be required of any person who has
executed and maintained a corporate surety bond or account pursuant
to the provisions of subsection B of this section to secure the
performance of obligations under the provisions of the Federal
Packers and Stockyards Act of 1921, as amended.

D. The Commissioner of Agriculture is authorized to be
designated as trustee for any corporate surety bond, certificate of
deposit account, money market savings account, or any other
financial instruments allowable for livestock markets by the Federal
Packers and Stockyards Act of 1921, as amended.

E. 1. Any corporate surety company issuing a bond to any
person as specified by subsection A or C of this section for
operating, conducting, or maintaining a livestock auction market
shall notify the Board in writing not less than thirty (30) days
prior to the cancellation or nonrenewal of the bond.

2. The Board shall provide for the publication of notice to the
public of the nonrenewal or cancellation of the bond for a livestock
auction market upon any notification that the bond of the livestock
auction market has been nonrenewed or canceled and no new bond has
been obtained.

3. No person shall knowingly operate, conduct, or maintain a
livestock auction market without having a bond as specified by this
section. Any person convicted of violating the provisions of this
paragraph shall be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

F. All records relating to the prompt and faithful accounting
for all livestock received, handled, or sold and the remittance of
the proceeds from any sale, purchase, or exchange of any livestock
to the consignor shall be in accordance with the provisions of the
Federal Packers and Stockyards Act of 1921, as amended. The Board
shall audit such records at least once a year. Any violation of the
standards of the Federal Packers and Stockyards Act may result in
the suspension of the livestock auction market license.

ENR. H. B. NO. 2104 Page 606
G. Except as provided by this section, any person found to be
in violation of the provisions of this section, upon conviction,
shall be guilty of a misdemeanor.

SECTION 631. AMENDATORY 2 O.S. 2021, Section 11-2, is
amended to read as follows:

Section 11-2. It shall be unlawful and deemed a Class D3 felony
offense to sell, offer for sale, or advertise any agricultural
product using any word, figure, number, or term which pertains to
grade, quality, condition, quantity, or size, including No. 1,
Fancy, Choice, Select, A, Large, Size A, or any other word, figure,
number, or term which in any manner implies or suggests that the
product involved has been officially graded unless the product has
actually been officially graded, sized, or measured under state or
federal regulations or sized or measured in accordance with the
requirements of the State Board of Agriculture or federal
regulations. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 632. AMENDATORY 2 O.S. 2021, Section 11-94, is
amended to read as follows:

Section 11-94. A. Any person found in violation of any
provision of the Oklahoma Scrap Metal Dealers Act, with the
exceptions as provided by subsections B, C and D of this section,
shall, upon conviction, be guilty of a misdemeanor and punished by a
fine of not more than Two Thousand Five Hundred Dollars ($2,500.00)
per offense. Any person convicted of a second violation of the
Oklahoma Scrap Metal Dealers Act shall be guilty of a misdemeanor
and punished by a fine of not more than Five Thousand Dollars
($5,000.00) per offense or by imprisonment in the county jail for a
period of not more than six (6) months. Any person convicted of a
third or subsequent violation of the Oklahoma Scrap Metal Dealers
Act shall be guilty of a Class D3 felony offense punishable by a
fine of not more than Ten Thousand Dollars ($10,000.00) per offense,
or by imprisonment in the custody of the Department of Corrections
for a period of not more than two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment.

B. Any person acting as a scrap metal dealer without a scrap
metal dealer license or a sales tax permit as required by the
ENR. H. B. NO. 2104 Page 607
Oklahoma Scrap Metal Dealers Act shall, upon conviction, be guilty
of a misdemeanor and punished by a fine of not more than Five
Hundred Dollars ($500.00); provided, that each day of operation in
violation of the Oklahoma Scrap Metal Dealers Act shall constitute a
separate offense.

C. Any person who knowingly provides false information with
respect to the provisions of subsection I of Section 1423 of this
title shall, upon conviction, be guilty of a Class D3 felony offense
and punished by a fine of Five Thousand Dollars ($5,000.00), or by
imprisonment in the custody of the Department of Corrections for a
period of not more than two (2) years as provided for in subsections
B through F of Section 20P of Title 21 of the Oklahoma Statutes, or
by both such fine and imprisonment.

D. Any person convicted of purchasing or selling burnt copper
material or copper wire as prohibited by subsection G of Section
1423 of this title shall, upon first conviction, be guilty of a
misdemeanor and punished by a fine of Two Thousand Five Hundred
Dollars ($2,500.00). Any person convicted of a second or subsequent
violation shall be guilty of a Class D3 felony offense punishable by
a fine of Five Thousand Dollars ($5,000.00), or by imprisonment in
the custody of the Department of Corrections for a period of not
more than two (2) years as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment.

E. Each scrap metal dealer convicted of a violation of the
Oklahoma Scrap Metal Dealers Act shall be reported to the Oklahoma
Tax Commission by the clerk of the court rendering such verdict.

F. The Tax Commission shall revoke the sales tax permit of any
person convicted of three separate violations of the Oklahoma Scrap
Metal Dealers Act. The person shall not be eligible to receive a
sales tax permit for such purpose for a period of one (1) year
following the revocation. The revocation procedure shall be subject
to notice and hearing as required by Section 1426 of this title.

SECTION 633. AMENDATORY 2 O.S. 2021, Section 16-6, is
amended to read as follows:

Section 16-6. Any person or persons acting in concert who
knowingly and willfully interfere with, molest, or assault forest
rangers or firefighters in the performance of their duties, or who
knowingly and willfully obstruct, interfere with, or impede the
ENR. H. B. NO. 2104 Page 608
progress of forest rangers or firefighters to reach the destination
of a fire, or who damage or destroy any vehicles or equipment used
to reach or extinguish a fire shall be guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

SECTION 634. AMENDATORY 2 O.S. 2021, Section 16-59, is
amended to read as follows:

Section 16-59. No timber or other timber products shall be
removed from any lands owned by the State of Oklahoma, except for
public utilities and improvements, and no officer, employee, or any
other person employed by the State of Oklahoma shall authorize the
removal, except upon written approval of the Director of Forestry.
In carrying out the duties of this section, the Director is
authorized to delegate authority to persons qualified to act in the
Director’s behalf.

Any person violating this section shall be guilty of a Class D3
felony offense and upon conviction shall be punished, for the first
offense, by a fine not exceeding One Thousand Dollars ($1,000.00),
or by imprisonment in the State Penitentiary for not exceeding one
(1) year as provided for in subsections B through F of Section 20P
of Title 21 of the Oklahoma Statutes, or by both. For any
subsequent offense, the person shall be punished by a fine not
exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in
the State Penitentiary for not exceeding three (3) years as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes, or both.

SECTION 635. AMENDATORY 2 O.S. 2021, Section 16-60, is
amended to read as follows:

Section 16-60. A. 1. Any person who intentionally, willfully,
maliciously, or unlawfully enters upon the lands of another to cut
down, injure, remove, or destroy any timber valued at more than Two
Hundred Dollars ($200.00), without the permission of the owner or
the owner’s representative shall be guilty, upon conviction, of a
Class D3 felony offense, punishable by the imposition of a fine of
not more than Ten Thousand Dollars ($10,000.00), by imprisonment in
the State Penitentiary for not more than five (5) years as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes, or both.

ENR. H. B. NO. 2104 Page 609
2. Any person who intentionally, willfully, maliciously, or
unlawfully enters upon the lands of another to cut down, injure,
remove, or destroy any timber valued at Two Hundred Dollars
($200.00) or less, without the permission of the owner or the
owner’s representative shall be guilty, upon conviction, of a
misdemeanor, punishable by the imposition of a fine of not more than
One Thousand Dollars ($1,000.00) or imprisonment in the county jail
for not more than thirty (30) days.

3. The necessary trimming and removal of timber to permit the
construction, repair, maintenance, cleanup, and operations of
pipelines and utility lines and appurtenances of public utilities,
public service corporations, and to aid registered land surveyors
and professional engineers in the performance of their professional
services, and municipalities, and pipeline companies, or lawful
operators and product purchasers of oil and gas shall not be deemed
a willful and intentional cutting down, injuring, removing, or
destroying of timber.

4. The necessary trimming and removal of timber for boundary
line maintenance, for the construction, maintenance, and repair of
streets, roads, and highways or for the control and regulation of
traffic by the state and its political subdivisions or registered
land surveyors and professional engineers shall not be deemed a
willful and intentional cutting down, injuring, removing, or
destroying of timber.

B. In addition to the punishment prescribed in subsection A of
this section, the person is liable in damages pursuant to Section 72
of Title 23 of the Oklahoma Statutes for the damage or injury done
to the timber, the damages to be recovered in a civil action by the
owner of the property or the public officer having charge of the
property.

SECTION 636. AMENDATORY 2 O.S. 2021, Section 16-63, is
amended to read as follows:

Section 16-63. A. It shall be unlawful for any person
willingly, knowingly, or fraudulently to represent, make, issue,
deliver, use or submit, or to participate in representing, making,
issuing, delivering, using, or submitting any fictitious, false or
fraudulent offer, agreement, contract, or other instrument
concerning:

ENR. H. B. NO. 2104 Page 610
1. The sale of timber or the right to cut or harvest or remove
timber from a site or from real property not owned or leased by that
person; or

2. The sale of timber or the right to cut or harvest or remove
timber that is not owned by that person.

B. It shall be unlawful for a timber owner to, knowingly or
with intent to defraud, fail to pay in a timely manner the
applicable owners the full price of all the purchased timber.

1. A timber owner acts with intent to defraud if the timber
owner disperses, uses, or diverts money with the intent to deprive
an owner of the purchase money.

2. Unless otherwise agreed to in writing, a timber owner is
presumed to have acted with intent to defraud if the timber owner
does not pay all applicable owners for the purchase price of the
timber not later than forty-five (45) calendar days after the date
the timber owner collects money for the timber.

C. Any person convicted of violating the provisions of this
section shall be guilty of:

1. A Class D3 felony offense if the timber to be sold or right
to cut or harvest the timber pursuant to subsection A of this
section is valued at more than Two Hundred Dollars ($200.00). Upon
conviction the person shall be subject to the imposition of a fine
of not more than Ten Thousand Dollars ($10,000.00), or by
imprisonment in the State Penitentiary for not more than five (5)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or to both; or

2. A misdemeanor if the timber to be sold or right to cut or
harvest the timber pursuant to subsection A of this section is
valued at Two Hundred Dollars ($200.00) or less. Upon conviction
the person shall be subject to the imposition of a fine of not more
than One Thousand Dollars ($1,000.00), or by imprisonment in the
county jail not to exceed one (1) year, or to both.

SECTION 637. AMENDATORY 2 O.S. 2021, Section 16-66, is
amended to read as follows:

Section 16-66. Any person selling timber who uses false or
altered identification or a false declaration of ownership, pursuant
ENR. H. B. NO. 2104 Page 611
to the provisions of Section 16-65 of this title, upon conviction,
shall be guilty of:

1. A Class D3 felony offense if the timber to be sold by use of
a false or altered identification or false declaration of ownership
is valued at more than Two Hundred Dollars ($200.00). Upon
conviction, a person shall be subject to the imposition of a fine of
not more than Ten Thousand Dollars ($10,000.00), or by imprisonment
in the State Penitentiary for not more than five (5) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or both; or

2. A misdemeanor if the timber to be sold by use of a false or
altered identification or false declaration of ownership is valued
at Two Hundred Dollars ($200.00) or less. Upon conviction, a person
shall be subject to the imposition of a fine of not more than One
Thousand Dollars ($1,000.00), imprisonment in the county jail not to
exceed one (1) year, or both.

SECTION 638. AMENDATORY 3 O.S. 2021, Section 281, is
amended to read as follows:

Section 281. A. It is unlawful and deemed a Class D3 felony
offense for any person, firm, corporation, or association to install
or equip on any aircraft, or install in the wings or fuselage of the
aircraft, any fuel tank, bladder, drum, or other container which
will hold fuel, if such fuel tank, bladder, drum, or other container
does not conform to federal aviation regulations or has not been
approved by the Federal Aviation Administration by inspection or
special permit. Any person convicted of violating this subsection
shall be guilty of a Class D3 felony offense and shall be punished
by imprisonment as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes.

B. It is unlawful and deemed a Class D3 felony offense for any
person to knowingly possess any aircraft which has been equipped
with, or had installed in its wings or fuselage, any fuel tank,
bladder, drum, or other container which will hold fuel if such fuel
tank, bladder, drum, or other container does not conform to federal
aviation regulations or has not been approved by the Federal
Aviation Administration by inspection or special permit. Any person
convicted of violating this subsection shall be guilty of a Class D3
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes.
ENR. H. B. NO. 2104 Page 612

C. A copy of the Federal Aviation Administration Approval Form
337, or special permit pertaining to such installations, shall be
carried on board the aircraft at all times. Any person convicted of
violating this subsection shall be guilty of a misdemeanor. No
person charged with violating this subsection shall be convicted of
the charge if he or she produces in court or the office of the
arresting officer a copy of the required documentation either valid
at the time of arrest or acquired within thirty (30) days after the
arrest.

D. The provisions of this section shall apply to any pipes,
hoses, or auxiliary pumps which when present in the aircraft could
be used to introduce fuel into the primary fuel system of the
aircraft from such tanks, bladders, drums, or containers.

SECTION 639. AMENDATORY 3A O.S. 2021, Section 203.6, is
amended to read as follows:

Section 203.6. A. The Commission, its executive director, or
the stewards may issue subpoenas for the attendance of witnesses or
the production of any records, books, memoranda, documents, or other
papers or things, to enable any of them to effectually discharge its
or his duties, and may administer oaths or affirmations as necessary
in connection therewith.

B. Any person subpoenaed who fails to appear at the time and
place specified in answer to the subpoena and to bring any papers or
things specified in the subpoena, or who upon such appearance,
refuses to testify or produce such records or things, upon
conviction, is guilty of a misdemeanor.

C. Any person who testifies falsely under oath in any
proceeding before, or any investigation by, the Commission, its
executive director, or the stewards, upon conviction, shall be
guilty of a Class D3 felony offense and shall be punished in the
same manner prescribed for the punishment of perjury by imprisonment
as provided for in subsections B through F of Section 20P of Title
21 of the Oklahoma Statutes.

SECTION 640. AMENDATORY 3A O.S. 2021, Section 504, is
amended to read as follows:

Section 504. A. Multiple count violations of subsection A or B
of Section 502 of this title, or violations resulting in a loss of
ENR. H. B. NO. 2104 Page 613
money or other valuable consideration, in which said loss exceeds
Five Hundred Dollars ($500.00), shall constitute a Class D3 felony
offense, and shall be punishable pursuant to subsection B of Section
505 of this title.

B. Any person serving in a managerial or supervisory capacity
for any fair, exposition, or any other event open to the public,
paid admission or free, who knowingly or intentionally promotes or
allows the operation of any amusement or carnival game in violation
of this act, upon conviction, shall be guilty of a misdemeanor.

C. Any person who manufactures or distributes amusement or
carnival games of the type described in Section 502 of this title,
upon conviction, shall be guilty of a misdemeanor punishable
pursuant to subsection A of Section 505 of this title, with said
games to be confiscated as contraband.

D. Any person charged with law enforcement responsibilities or
legal compliance inspections of amusement or carnival games, and who
knowingly and intentionally allows or who knowingly and
intentionally fails to prevent the operation of any amusement or
carnival game violating the Amusement and Carnival Games Act, upon
conviction, shall be guilty of omission of duty and/or guilty of a
misdemeanor punishable pursuant to subsection A of Section 505 of
this title.

SECTION 641. AMENDATORY 3A O.S. 2021, Section 505, is
amended to read as follows:

Section 505. A. Any person convicted of violating any
provision of the Amusement and Carnival Games Act, with the
exception of subsection A of Section 504 of this title, shall be
guilty of a misdemeanor punishable by not more than two hundred
twenty (220) days of community service, or by the imposition of a
fine of not more than Two Thousand Dollars ($2,000.00), or by both
such fine and community service.

B. Any person convicted of violating subsection A of Section
504 of this title shall be guilty of a Class D3 felony offense
punishable by imprisonment in the State Penitentiary for not less
than two (2) years, or more than five (5) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by the imposition of a fine of not more than Five
Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

ENR. H. B. NO. 2104 Page 614
SECTION 642. AMENDATORY 4 O.S. 2021, Section 85.11, is
amended to read as follows:

Section 85.11. If any person unlawfully takes up or conceals an
estray, or fails to comply with the provisions of this act, such
person so offending shall be guilty of the felony of larceny of
domestic animals, a Class D3 felony offense, and shall be punished
according to the provisions of Section 1716 by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 643. AMENDATORY 6 O.S. 2021, Section 808, is
amended to read as follows:

Section 808. A. Prohibition against political expenditures.
It is unlawful for any bank to make a contribution or expenditure in
connection with any election to any political office, or in
connection with any primary election or political convention or
caucus held to select candidates for any political office, or for
any candidate, political committee, or for any other person to
accept or receive any contribution prohibited by this section
(Section 808A).

B. Penalties. Every bank which makes any contribution or
expenditure in violation of subsection A of this section (Section
808A) shall be fined not more than Five Thousand Dollars
($5,000.00); and every officer or director of any bank who consents
to any such contribution or expenditure by the bank, and any person
who accepts or receives any such contribution, shall be fined not
more than One Thousand Dollars ($1,000.00) or imprisoned not more
than one (1) year, or both; and if the violation was willful shall
be guilty of a Class D3 felony offense and shall be fined not more
than Ten Thousand Dollars ($10,000.00), or imprisoned not more than
two (2) years as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes, or both.

SECTION 644. AMENDATORY 11 O.S. 2021, Section 39-113, is
amended to read as follows:

Section 39-113. A. All money received by the city from any
special assessment or assessment within a district shall be held in
a special fund and used to:

1. Pay the cost of the improvement for which the assessment was
made;
ENR. H. B. NO. 2104 Page 615

2. Reimburse the city for any work performed or cost incurred
by the city in constructing the improvement; or

3. Pay the interest and principal due on any outstanding
negotiable bonds, including replenishment of debt service reserves,
reimbursements to bond insurers or other providers of credit
enhancement, and other payments required in connection with bonds
issued to pay for improvements.

B. Any person who uses money in a district fund other than as
provided in this section is guilty of a Class D3 felony offense and
shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00), or by imprisonment in the State Penitentiary for not
more than two (2) years as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment, in the discretion of the court.

SECTION 645. AMENDATORY 12 O.S. 2021, Section 65, is
amended to read as follows:

Section 65. Any person willfully making a false affidavit as to
the value of any such real estate shall be guilty of perjury, a
Class D3 felony offense, and shall be punished accordingly by
imprisonment as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes. Any officer administering
or accepting such affidavit knowing it to be false, shall be guilty
of the felony of subornation of perjury, a Class D3 felony offense,
and shall be punished accordingly by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

SECTION 646. AMENDATORY 12 O.S. 2021, Section 923, is
amended to read as follows:

Section 923. Any person willfully swearing falsely in making
the affidavit aforesaid, shall, on conviction, be adjudged guilty of
the felony of perjury, a Class D3 felony offense, and shall be
punished as the law prescribes by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

SECTION 647. AMENDATORY 15 O.S. 2021, Section 567, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 616
Section 567. Any person, either as agent or principal, who
enters into or assists in making any contracts of sale of the sort
of character denounced by Section 564 of this title for the future
delivery of cotton, grain, stocks or other commodities, or who
maintains or operates a bucket shop as that term is defined in
Section 565 of this title, shall be guilty of a Class D3 felony
offense, and upon conviction thereof shall be fined in a sum not to
exceed One Thousand Dollars ($1,000.00), or be imprisoned in the
State Penitentiary not exceeding two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, and any person who shall be guilty of a second offense
under this statute in addition to the penalty above prescribed may,
upon conviction, be both fined and imprisoned in the discretion of
the court, and if a corporation, it shall be liable to forfeiture of
all its rights and privileges as such, and the continuance of such
establishment after the first conviction shall be deemed a second
offense. It shall be the duty of the Attorney General to institute
proceedings for the forfeiture of the charter of any corporation
making itself liable to such forfeiture under the provisions of this
act.

SECTION 648. AMENDATORY 17 O.S. 2021, Section 158.59, is
amended to read as follows:

Section 158.59. A. Any person who willfully and knowingly does
or causes to be done any act, matter or thing prohibited or declared
to be unlawful by this act, or who willfully and knowingly omits or
fails to do any act, matter or thing required by this act to be
done, or willfully and knowingly causes such omission or failure,
shall, upon conviction thereof, be guilty of a Class D3 felony
offense punishable by a fine of not more than Five Thousand Dollars
($5,000.00), or by imprisonment for not more than two (2) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or both such fine and imprisonment. In
addition, such violation shall be punished upon conviction thereof
by a fine not exceeding Five Hundred Dollars ($500.00) for each day
during which such offense occurs.

B. Any person who willfully and knowingly violates any rule,
regulation, restriction, condition or order made or imposed by the
Corporation Commission under authority of this act, shall, in
addition to any other penalties provided by law, be punished upon
conviction thereof by a fine not exceeding Five Hundred Dollars
($500.00) for each day during which such offense occurs.

ENR. H. B. NO. 2104 Page 617
SECTION 649. AMENDATORY 17 O.S. 2021, Section 191.11, is
amended to read as follows:

Section 191.11. A. Any person who willfully and knowingly does
or causes to be done any act, matter or thing prohibited or declared
to be unlawful by this act, or who willfully and knowingly omits or
fails to do any act, matter or thing required by this act to be
done, or willfully and knowingly causes such omission or failure,
shall, upon conviction thereof, be guilty of a Class D3 felony
offense punishable by a fine of not more than Five Thousand Dollars
($5,000.00), or by imprisonment for not more than two (2) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or both. In addition, such violation
shall be punished upon conviction thereof by a fine not exceeding
Five Hundred Dollars ($500.00) for each day during which such
offense occurs.

B. Any person who willfully and knowingly violates any rule,
regulation, restriction, condition or order made or imposed by the
Corporation Commission under authority of this act, shall, in
addition to any other penalties provided by law, be punished upon
conviction thereof by a fine not exceeding Five Hundred Dollars
($500.00) for each day during which such offense occurs.

SECTION 650. AMENDATORY 18 O.S. 2021, Section 381.73, is
amended to read as follows:

Section 381.73. A. An out-of-state savings institution, upon
approval by the State Banking Commissioner, may acquire direct or
indirect control of an unlimited number of in-state savings
associations for operation as in-state savings institutions, and may
acquire any such institutions' parent Oklahoma holding company. Any
acquisition made pursuant to the provisions of this section may
include assets and liabilities of the in-state savings institution
or its parent Oklahoma holding company and all branches and
facilities thereof.

B. 1. No in-state savings institution which becomes a
subsidiary of an out-of-state savings institution under any
extraordinary acquisition provisions of federal law, or which is
otherwise controlled by an out-of-state savings institution, shall
be permitted to acquire direct or indirect ownership or control of,
or to convert to a branch, any additional in-state savings
institution or to establish additional branches or facilities,
except as otherwise provided for in this section.
ENR. H. B. NO. 2104 Page 618

2. No out-of-state savings institution may directly or
indirectly acquire control of an in-state savings institution or its
parent Oklahoma holding company except as otherwise permitted by
this section.

C. No acquisition provided for in this section shall be
permitted unless the approval of the Commissioner required pursuant
to subsection A of this section:

1. Includes, for all acquisitions, a finding that:

a. the in-state savings institution sought to be acquired
or all of the savings institution subsidiaries of the
parent Oklahoma holding company sought to be acquired
have either been in existence and continuous operation
for more than five (5) years, and

b. notice of intent to acquire has been published in a
newspaper of general paid circulation in the county or
counties where the in-state savings institution to be
acquired is located and that a notice of intent to
acquire has been mailed by certified mail with return
receipt requested to each person owning stock in the
in-state savings institution to be acquired or in its
parent Oklahoma holding company or, if the in-state
savings institution to be acquired is a mutual
association, notice has been given as in the case of a
proceeding under Section 381.61 of this title;

2. Includes, for any acquisition of a majority of the voting
shares of a stock association or of its parent Oklahoma holding
company, or for any acquisition of a mutual association by merger or
purchase and assumption transaction with another in-state savings
association, a finding that the acquisition has been approved by the
board of directors and a majority of the stockholders of or holders
of voting rights in the in-state savings institution or of its
parent Oklahoma holding company, as applicable;

3. Subjects the acquisition to any conditions, restrictions,
and requirements that would be applicable to such an acquisition by
an in-state savings institution of an out-of-state savings
institution in the state where the out-of-state savings institution
has its main office, if such state has enacted and implemented
legislation authorizing the acquisition by an in-state savings
ENR. H. B. NO. 2104 Page 619
institution of out-of-state savings institutions located in that
state, but that would not be applicable to acquisitions in that
state by an out-of-state savings institution all of whose savings
institution subsidiaries are located in that state; and

4. Except when the additional acquisition is of an in-state
savings institution whose stock is held as stock acquired in the
course of realizing upon a security interest which secured a debt
previously contracted in good faith prior to the original
acquisition by the out-of-state savings institution, prohibits
additional branching and further acquisitions by an in-state savings
institution which is a subsidiary of an out-of-state savings
institution unless and until the earlier of:

a. such time as the Commissioner determines that the
state in which the out-of-state savings institution
has its main office has enacted and implemented
legislation authorizing in-state savings institutions
to acquire savings institutions in that state on a
reciprocal basis, or

b. the expiration of a four-year period commencing on the
date of acquisition by the out-of-state savings
institution.

D. Any in-state savings institution or its parent Oklahoma
holding company which becomes a subsidiary of an out-of-state
financial institution under the extraordinary acquisition provisions
of federal law, or which is otherwise deemed to be controlled by an
out-of-state financial institution, may acquire direct or indirect
ownership or control of any additional in-state financial
institution or its parent Oklahoma holding company, establish
additional branches or facilities, or convert the existing
controlled in-state savings institution to branches of another in-
state savings institution:

1. If the Commissioner has determined that the principal place
of business of the out-of-state savings institution has enacted and
implemented reciprocal acquisition legislation within the purview of
this section; or

2. Upon the expiration of a four-year period commencing on the
date of acquisition by the out-of-state savings institution.

ENR. H. B. NO. 2104 Page 620
E. All limitations and restrictions of this act applicable to
in-state savings institutions shall apply to an in-state savings
institution which becomes a direct or indirect subsidiary of an out-
of-state savings institution and to the out-of-state savings
institution. The provisions of this subsection shall not be
construed to prohibit the acquisition by an out-of-state savings
institution of all or substantially all of the shares of an in-state
savings institution organized solely for the purpose of facilitating
the acquisition of a savings institution which has been in existence
and continuous operation as a savings institution for more than five
(5) years, if the acquisition has otherwise been approved pursuant
to this subsection. Nor shall the provisions of this subsection be
construed to prohibit an out-of-state savings institution which
acquires an in-state savings institution under this section from
additional acquisitions under this section, if such acquisition
would otherwise be permitted.

F. Any out-of-state savings institution which controls an in-
state savings institution shall be subject to the laws of this state
and the rules of its agencies relating to the acquisition,
ownership, and operation of in-state savings institutions. The
Commissioner shall make such rules including the imposition of
reasonable application and administration fees as it finds necessary
to implement the provisions of this act.

G. The Commissioner may enter into cooperative agreements with
other regulatory agencies to facilitate the regulation of savings
institutions doing business in this state. If such agreements
result in the payment of fees, however calculated, by any other
regulatory agency to the Oklahoma State Banking Department for
examination activities conducted by Department personnel, whether
such examination activity is conducted inside or outside this state,
such fees shall be deposited in the Bank Examination Revolving Fund
established in Section 211.2 of Title 6 of the Oklahoma Statutes.
If such agreements result in the payment of fees, however
calculated, by the Department to any other bank supervisory agency
for examination activities conducted by such other regulatory
agency, whether such examination activity is conducted inside or
outside this state, such fees shall be paid by the Department from
the Bank Examination Revolving Fund established by Section 211.2 of
Title 6 of the Oklahoma Statutes. The Commissioner may accept
reports of examinations and other records from such other agencies
in lieu of the Commissioner conducting examinations of in-state
savings institutions controlled by out-of-state savings
institutions. The Commissioner may take any action jointly with
ENR. H. B. NO. 2104 Page 621
other regulatory agencies having concurrent jurisdiction over
savings institutions doing business in this state or may take such
actions independently in order to carry out its responsibilities.

H. The Commissioner shall have the power to enforce the
prohibitions provided for in subsection B of this section by
requiring divestiture and through the imposition of fines and
penalties, the issuance of cease and desist orders, and such other
remedies as are provided by law.

I. Any organization which intentionally and willfully violates
any provision of this section, upon conviction, shall be fined not
less than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00) for each day during which the violation
continues. Any individual who intentionally and willfully
participates in a violation of any provision of this section, upon
conviction, shall be guilty of a Class D3 felony offense and shall
be fined not more than Ten Thousand Dollars ($10,000.00), or
imprisoned not more than one (1) year as provided for in subsections
B through F of Section 20P of Title 21 of the Oklahoma Statutes, or
both such fine and imprisonment.

J. Any final order of the Commissioner pursuant to this section
shall be appealable pursuant to Section 207 of Title 6 of the
Oklahoma Statutes.

SECTION 651. AMENDATORY 19 O.S. 2021, Section 28, is
amended to read as follows:

Section 28. Any election officer who shall be appointed, or
commissioner, under the provisions of this act or the laws of
Oklahoma, and who shall knowingly and willfully fail or refuse to
perform required duties shall be guilty of a Class D3 felony offense
and shall, upon conviction, be punished by imprisonment as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes.

SECTION 652. AMENDATORY 19 O.S. 2021, Section 29, is
amended to read as follows:

Section 29. Any person or corporation offering money or other
thing of value, either directly or indirectly, for the purpose of
influencing any voter for or against any proposition in such
election shall be guilty of the felony of bribery, a Class D3 felony
offense and shall, upon conviction, be punished by imprisonment as
ENR. H. B. NO. 2104 Page 622
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 653. AMENDATORY 19 O.S. 2021, Section 92, is
amended to read as follows:

Section 92. Any person or corporation offering money or other
thing of value, either directly or indirectly, for the purpose of
influencing any voter for or against any competing city, town or
place in such election shall be guilty of the felony of bribery, a
Class D3 felony offense and shall, upon conviction, be punished by
imprisonment as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes.

SECTION 654. AMENDATORY 19 O.S. 2021, Section 112, is
amended to read as follows:

Section 112. Any county treasurer violating any of the
provisions of this act shall be guilty of a Class D3 felony offense
and upon conviction shall be punished by confinement in the State
Penitentiary for a term not less than one (1) year nor more than
four (4) years as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes.

SECTION 655. AMENDATORY 19 O.S. 2021, Section 123, is
amended to read as follows:

Section 123. It is hereby made unlawful and deemed a Class D3
felony offense for any of the funds of the county to be deposited in
any bank in which the county treasurer or any member of the board of
county commissioners is the owner of any stock or otherwise directly
or indirectly pecuniarily interested. A county treasurer or county
commissioner shall be considered to be interested in such bank if
any member of his immediate family owns any interest in said
depository bank. Any person who violates the provisions of this
section shall, upon conviction, be guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

SECTION 656. AMENDATORY 21 O.S. 2021, Section 187.1, is
amended to read as follows:

Section 187.1. A. No person may contribute more than:

ENR. H. B. NO. 2104 Page 623
1. The limits set forth in the Rules of the Ethics Commission
to a political party committee or political action committee;

2. The limits set forth in the Rules of the Ethics Commission
to a candidate committee for a candidate for state office; or

3. The limits set forth in the Rules of the Ethics Commission
to a campaign committee for a candidate for municipal office or to a
campaign committee for a candidate for county office or to a
municipal or county political committee.

B. No candidate, candidate committee, or other committee shall
knowingly accept contributions in excess of the amounts provided
herein.

C. These restrictions shall not apply to a committee supporting
or opposing a state question or local question or to a candidate
making a contribution of his or her own funds to his or her own
campaign.

D. It shall be prohibited for a campaign contribution to be
made to a particular candidate or committee through an intermediary
or conduit for the purpose of:

1. Evading requirements of effective Rules of the Ethics
Commission promulgated pursuant to Article XXIX of the Oklahoma
Constitution or laws relating to the reporting of contributions and
expenditures; or

2. Exceeding the contribution limitations imposed by subsection
A of this section.

Any person making a contribution in violation of this subsection
or serving as an intermediary or conduit for such a contribution,
upon conviction, shall be subject to the penalties prescribed in
subsections E and F of this section.

E. Any person who knowingly and willfully violates any
provision of this section where the aggregate amount contributed
exceeds the contribution limitation specified in subsection A of
this section by Five Thousand Dollars ($5,000.00) or more, upon
conviction, shall be guilty of a Class D3 felony offense punishable
by a fine of up to four times the amount exceeding the contribution
limitation, or by imprisonment in the State Penitentiary for up to
ENR. H. B. NO. 2104 Page 624
one (1) year as provided for in subsections B through F of Section
20P of this title, or by both such fine and imprisonment.

F. Any person who knowingly and willfully violates any
provision of this section where the aggregate amount contributed is
less than Five Thousand Dollars ($5,000.00) in excess of the
contribution limitation specified in subsection A of this section,
upon conviction, shall be guilty of a misdemeanor punishable by a
fine of not more than three times the amount exceeding the
contribution limitation or One Thousand Dollars ($1,000.00),
whichever is greater, or by imprisonment in the county jail for up
to one (1) year, or by both such fine and imprisonment.

G. No lobbyist or lobbyist principal as defined in the Rules of
the Ethics Commission shall make or promise to make a contribution
to, or solicit or promise to solicit a contribution for a member of
the Oklahoma Legislature or a candidate for a state legislative
office during any regular legislative session, beginning the first
Monday in February, through its adjournment, and for five (5)
calendar days following sine die adjournment. A member of the
Oklahoma Legislature or a candidate for a state legislative office
shall not intentionally solicit or accept a contribution from a
lobbyist or lobbyist principal as defined in the Rules of the Ethics
Commission during any regular legislative session and for five (5)
calendar days after sine die adjournment. For the purposes of this
subsection, a candidate shall mean any person who has filed a
statement of organization for a state legislative office pursuant to
the Rules of the Ethics Commission.

H. Any person who knowingly and willfully violates any
provision of subsection G of this section, upon conviction, shall be
guilty of a misdemeanor punishable by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment in the county jail
for up to one (1) year, or by both such fine and imprisonment.

SECTION 657. AMENDATORY 21 O.S. 2021, Section 187.2, is
amended to read as follows:

Section 187.2. A. 1. No corporation or labor union may make a
contribution to a political party, a political action committee or a
candidate committee, and no political party committee, political
action committee or candidate committee may accept a contribution
from a corporation or labor union, except as permitted by law or the
Rules of the Ethics Commission.

ENR. H. B. NO. 2104 Page 625
2. No limited liability company that has one or more
incorporated members may make a contribution to a political party
committee, a political action committee or a candidate committee,
except as permitted by law or the Rules of the Ethics Commission.

3. No partnership that has one or more incorporated partners
may make a contribution to a political party committee, a political
action committee or a candidate committee, except as permitted by
law or the Rules of the Ethics Commission.

B. No candidate, candidate committee, political party
committee, political action committee or other committee shall
knowingly accept contributions given in violation of the provisions
of subsection A of this section.

C. The provisions of this section shall not apply to a bank,
savings and loan association or credit union loaning money to a
candidate in connection with his or her own campaign which is to be
repaid with interest at a rate comparable to that of loans for
equivalent amounts for other purposes.

D. Any person who knowingly and willfully violates any
provision of this section where the aggregate amount contributed
exceeds Five Thousand Dollars ($5,000.00), upon conviction, shall be
guilty of a Class D3 felony offense punishable by a fine of up to
four times the amount of the prohibited contribution, or by
imprisonment in the State Penitentiary for up to one (1) year as
provided for in subsections B through F of Section 20P of this
title, or by both such fine and imprisonment.

E. Any person who knowingly and willfully violates any
provision of this section where the aggregate amount contributed is
Five Thousand Dollars ($5,000.00) or less, upon conviction, shall be
guilty of a misdemeanor punishable by a fine of not more than three
times the amount of the prohibited contribution or One Thousand
Dollars ($1,000.00), whichever is greater, or by imprisonment in the
county jail for up to one (1) year, or by both such fine and
imprisonment.

SECTION 658. AMENDATORY 21 O.S. 2021, Section 275, is
amended to read as follows:

Section 275. Any public officer who, for any gratuity or
reward, appoints another person to a public office, or permits
another person to exercise, perform or discharge any of the
ENR. H. B. NO. 2104 Page 626
prerogatives or duties of his office, shall be guilty of a Class D3
felony offense punishable by imprisonment in the county jail not
less than six (6) months nor more than two (2) years as provided for
in subsections B through F of Section 20P of this title, and by a
fine of not less than Two Hundred Dollars ($200.00) or more than One
Thousand Dollars ($1,000.00); and in addition thereto the public
officer forfeits office.

SECTION 659. AMENDATORY 21 O.S. 2021, Section 306, is
amended to read as follows:

Section 306. Any person who fraudulently alters the draft of
any bill or resolution which has been presented to either of the
houses composing the Legislature, to be passed or adopted, with
intent to procure it to be passed or adopted by either house, or
certified by the presiding officer of either house, in language
different from that intended by such house, shall, upon conviction,
be guilty of a Class D3 felony offense and shall be punished as
provided for in subsections B through F of Section 20P of this
title.

SECTION 660. AMENDATORY 21 O.S. 2021, Section 307, is
amended to read as follows:

Section 307. Any person who fraudulently alters the engrossed
copy or enrollment of any bill which has been passed by the
Legislature, with intent to procure it to be approved by the
Governor or certified by the Secretary of State, or printed or
published by the printer of the statutes in language different from
that in which it was passed by the Legislature, shall, upon
conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of this title.

SECTION 661. AMENDATORY 21 O.S. 2021, Section 360, is
amended to read as follows:

Section 360. No public employee or public official, as defined
in Section 304 of Title 51 of the Oklahoma Statutes, shall directly
or indirectly coerce, attempt to coerce, command, advise or direct
any state employee to pay, lend or contribute any part of his or her
salary or compensation, time, effort or anything else of value to
any party, committee, organization, agency or person for political
purposes. No public employee or official shall retaliate against
any employee for exercising his or her rights or for not
ENR. H. B. NO. 2104 Page 627
participating in permitted political activities as provided in
Ethics Commission Rule 10-1-4. Any person convicted of willfully
violating the provisions of this section shall be guilty of a Class
D3 felony offense and shall be punished by the imposition of a fine
of not more than Ten Thousand Dollars ($10,000.00), or by
imprisonment for not longer than two (2) years as provided for in
subsections B through F of Section 20P of this title, or by both
said fine and imprisonment.

SECTION 662. AMENDATORY 21 O.S. 2021, Section 372, is
amended to read as follows:

Section 372. A. Any person who shall contemptuously or
maliciously tear down, burn, trample upon, mutilate, deface, defile,
defy, treat with indignity, wantonly destroy, or cast contempt,
either by word or act, upon any flag, standard, colors or ensign of
the United States of America, shall, upon conviction, be guilty of a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of this
title.

B. The word "defile" as used in this section shall include
public conduct which brings shame or disgrace upon any flag of the
United States by its use for unpatriotic or profane purpose.

C. The terms "flag", "standard", "colors", or "ensign" of the
United States as used in this section shall include any picture,
representation or part thereof which an average person would
believe, upon seeing and without deliberation, to represent the
flag, standard, colors or ensign of the United States of America.

SECTION 663. AMENDATORY 21 O.S. 2021, Section 384, is
amended to read as follows:

Section 384. Any juror, referee, arbitrator, umpire or
assessor, and every person authorized by law to hear or determine
any question or controversy, who asks, receives, or agrees to
receive, any bribe upon any agreement or understanding that his
vote, opinion or decision upon any matter or question which is or
may be brought before him for decision, shall be thereby influenced,
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of this title.

ENR. H. B. NO. 2104 Page 628
SECTION 664. AMENDATORY 21 O.S. 2021, Section 400, is
amended to read as follows:

Section 400. Every player, participant, coach, umpire, referee
or other person having or exercising authority in connection with
the conducting of any amateur or professional athletic contest, who
corruptly accepts or requests a gift or gratuity or a promise of any
such gift or gratuity, or any other thing of value, or the
performance of an act beneficial to any such person in consideration
of such person performing any act or making any judgment or
decision, or in consideration of such person playing or making
decisions or judgments or conducting such athletic contest, in a
manner intended or calculated to affect or change the result of such
athletic contest, or in consideration of such person failing to
participate or engage in any such contest, shall be deemed guilty of
a Class D3 felony offense and upon conviction shall be punished by
imprisonment in the State Penitentiary for not to exceed one (1)
year as provided for in subsections B through F of Section 20P of
this title, or by a fine of not to exceed Three Thousand Dollars
($3,000.00) or imprisonment in the county jail for not to exceed one
(1) year, or by both such fine and imprisonment.

SECTION 665. AMENDATORY 21 O.S. 2021, Section 451, is
amended to read as follows:

Section 451. Any person who, upon any trial, proceedings,
inquiry or investigation whatever, authorized by law, offers in
evidence, as genuine, any book, paper, document, record, or other
instrument in writing, knowing the same to have been forged, or
fraudulently altered, shall, upon conviction, be guilty of a Class
D3 felony offense and shall be punished in the same manner as the
forging or false alteration of such instrument is made punishable by
the provisions of this title by imprisonment as provided for in
subsections B through F of Section 20P of this title.

SECTION 666. AMENDATORY 21 O.S. 2021, Section 567A, is
amended to read as follows:

Section 567A. A. Any parent or other person who violates an
order of any court of this state granting the custody of a child
under the age of eighteen (18) years to any person, agency,
institution, or other facility, with the intent to deprive the
lawful custodian of the custody of the child, shall, upon
conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
ENR. H. B. NO. 2104 Page 629
of Section 20P of this title. The fine for a violation of this
subsection shall not exceed Five Thousand Dollars ($5,000.00).

B. The offender shall have an affirmative defense if the
offender reasonably believes that the act was necessary to preserve
the child from physical, mental, or emotional danger to the child’s
welfare and the offender notifies the local law enforcement agency
nearest to the location where the custodian of the child resides.

C. If a child is removed from the custody of the child’s lawful
custodian pursuant to the provisions of this section any law
enforcement officer may take the child into custody without a court
order and, unless there is a specific court order directing a law
enforcement officer to take the child into custody and release or
return the child to a lawful custodian, the child shall be held in
emergency or protective custody pursuant to the provisions of
Section 1-4-201 of Title 10A of the Oklahoma Statutes.

SECTION 667. AMENDATORY 21 O.S. 2021, Section 589, is
amended to read as follows:

Section 589. A. It shall be unlawful to willfully, knowingly
and without probable cause make a false report to any person of any
crime or circumstances indicating the possibility of crime having
been committed, including the unlawful taking of personal property,
which report causes or encourages the exercise of police action or
investigation. Any person convicted of violating the provisions of
this subsection shall be guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than ninety (90) days
or by a fine of not more than Five Hundred Dollars ($500.00), or by
both such fine and imprisonment.

B. It shall be unlawful to willfully, knowingly, and without
probable cause communicate false information concerning a missing
child to a law enforcement agency that causes or encourages the
activation of an AMBER alert warning system. Any person convicted
of violating the provisions of this subsection shall be guilty of a
Class D3 felony offense punishable by imprisonment in the county
jail for not more than one (1) year as provided for in subsections B
through F of Section 20P of this title, or by a fine of not less
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.

SECTION 668. AMENDATORY 21 O.S. 2021, Section 590, is
amended to read as follows:
ENR. H. B. NO. 2104 Page 630

Section 590. A. Every state governmental entity shall, for a
period of two (2) years, maintain accurate and complete records, as
defined in Section 203 of Title 67 of the Oklahoma Statutes,
reflecting all financial and business transactions, which records
shall include support documentation for each transaction. No such
records shall be disposed of for three (3) years thereafter, except
upon a unanimous vote of the members of the Archives and Records
Commission pursuant to Section 306 of Title 67 of the Oklahoma
Statutes, or upon a majority vote of the members of the Commission
for records more than five (5) years old. The disposition of such
records shall be in accordance with the provisions of Sections 305
through 317 of Title 67 of the Oklahoma Statutes, provided all state
or federal audits have been completed, unless such audits request
such records to be maintained for some given period of time.

B. Any person who willfully violates the provisions of this
section shall, upon conviction, be guilty of a Class D3 felony
offense punishable by imprisonment in the State Penitentiary for a
period of not more than three (3) years as provided for in
subsections B through F of Section 20P of this title, or by a fine
of not more than Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment. Any person convicted of any such violation
who holds any elective or appointive public office shall also be
subject to immediate removal from office.

SECTION 669. AMENDATORY 21 O.S. 2021, Section 815, is
amended to read as follows:

Section 815. Every person who willfully aids another in
attempting to take his own life, in any manner which by the
preceding sections would have amounted to aiding suicide if the
person assisted had actually taken his own life, is, upon
conviction, guilty of aiding an attempt at suicide, a Class D3
felony offense.

SECTION 670. AMENDATORY 21 O.S. 2021, Section 818, is
amended to read as follows:

Section 818. Every person guilty of aiding an attempt at
suicide shall be guilty of a Class D3 felony offense punishable by
imprisonment in the State Penitentiary not exceeding two (2) years,
or by a fine not exceeding One Thousand Dollars ($1,000.00), or
both.

ENR. H. B. NO. 2104 Page 631
SECTION 671. AMENDATORY 21 O.S. 2021, Section 950, is
amended to read as follows:

Section 950. Any state, county, city, or township officer, or
other person who shall hold for, receive or collect any money, or
other valuable consideration, either for his own or the public use,
for and with the understanding that he will aid, exempt or otherwise
assist said person from arrest or conviction for a violation of any
of the provisions of this article, or who shall issue, deliver or
cause to be delivered to any person or persons, any license, permit,
or other privileges, giving or pretending to give, any authority or
right to any person or persons, to carry on, conduct, open or cause
to be opened, any game or games which are forbidden or prohibited by
any of the provisions of Sections 941 through 953 of this title
shall, upon conviction, be deemed guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of this title.

SECTION 672. AMENDATORY 21 O.S. 2021, Section 1053, is
amended to read as follows:

Section 1053. Any person who contrives, prepares, sets up,
proposes or draws any lottery shall be guilty of a Class D3 felony
offense punishable by a fine equal to double the amount of the whole
sum or value for which such lottery was made, and, if such amount
cannot be ascertained, then, by imprisonment in the State
Penitentiary not exceeding two (2) years or by imprisonment in a
county jail not exceeding one (1) year as provided for in
subsections B through F of Section 20P of this title, or by a fine
of Two Thousand Five Hundred Dollars ($2,500.00), or by both such
fine and imprisonment.

SECTION 673. AMENDATORY 21 O.S. 2021, Section 1066, is
amended to read as follows:

Section 1066. Every person who sets up, promotes or engages in
any plan by which goods or anything of value is sold to a person,
firm or corporation for a consideration and upon the further
consideration that the purchaser agrees to secure one or more
persons to participate in the plan by respectively making a similar
purchase or purchases and in turn agreeing to secure one or more
persons likewise to join in said plan, each purchaser being given
the right to secure money, credits, goods or something of value,
depending upon the number of persons joining in the plan, shall be
held to have set up and promoted a lottery, which shall be deemed a
ENR. H. B. NO. 2104 Page 632
Class D3 felony offense, and shall be punished as provided in
Section 1068 of this title.

SECTION 674. AMENDATORY 21 O.S. 2021, Section 1068, is
amended to read as follows:

Section 1068. Any person violating the provisions of Section
1066 or 1067 of this title shall, upon conviction thereof, be guilty
of a Class D3 felony offense and be punished by a fine of not less
than One Thousand Dollars ($1,000.00) nor more than Five Thousand
Dollars ($5,000.00), or by imprisonment for a term not exceeding two
(2) years in the State Penitentiary as provided for in subsections B
through F of Section 20P of this title, or by both such fine and
imprisonment.

SECTION 675. AMENDATORY 21 O.S. 2021, Section 1092, is
amended to read as follows:

Section 1092. Any pawnbroker or person carrying on the business
of a pawnbroker, and every junk dealer, who having received any
goods which have been embezzled or stolen, refuses or omits to
exhibit them, upon demand, during the usual business hours, to the
owner of said goods or his agent authorized to demand an inspection
thereof, or any peace officer, shall, upon conviction, be guilty of
a Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of this
title.

SECTION 676. AMENDATORY 21 O.S. 2021, Section 1163, is
amended to read as follows:

Section 1163. Any person who opens any grave or any place of
burial, temporary or otherwise, or who breaks open any building
wherein any dead body of a human being is deposited while awaiting
burial, with intent either:

1. To remove any dead body of a human being for the purpose of
selling the same, or for the purpose of dissection; or

2. To steal the coffin, or any part thereof or anything
attached thereto, or connected therewith, or the vestments or other
articles buried with the same,

shall, upon conviction, be guilty of a Class D3 felony offense
punishable by imprisonment in the State Penitentiary not exceeding
ENR. H. B. NO. 2104 Page 633
two (2) years, or in a county jail not exceeding six (6) months as
provided for in subsections B through F of Section 20P of this
title, or by a fine not exceeding Two Hundred Fifty Dollars
($250.00), or by both such fine and imprisonment.

SECTION 677. AMENDATORY 21 O.S. 2021, Section 1168.1, is
amended to read as follows:

Section 1168.1. Anyone who knowingly buys, sells or barters for
profit human skeletal remains or associated burial furniture,
previously buried within this state, shall, upon conviction, be
guilty of a Class D3 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20P of this title.

SECTION 678. AMENDATORY 21 O.S. 2021, Section 1168.4, is
amended to read as follows:

Section 1168.4. A. All persons who encounter or discover human
skeletal remains or what they believe may be human skeletal remains
or burial furniture thought to be associated with human burials in
or on the ground shall immediately cease any activity which may
cause further disturbance and shall report the presence and location
of such human skeletal remains to an appropriate law enforcement
officer.

B. Any person who willfully fails to report the presence or
discovery of human skeletal remains or what they believe may be
human skeletal remains within forty-eight (48) hours to an
appropriate law enforcement officer in the county in which the
remains are found shall be guilty of a misdemeanor.

C. Any person who knowingly disturbs human skeletal remains or
burial furniture other than a law enforcement officer, registered
mortician, a representative of the Office of the Chief Medical
Examiner, a professional archaeologist or physical anthropologist,
or other officials designated by law in performance of official
duties, shall, upon conviction, be guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of this title.

D. Anyone other than a law enforcement officer, registered
mortician, a representative of the Office of the Chief Medical
Examiner, a professional archaeologist or physical anthropologist,
or other officials designated by law in performance of official
ENR. H. B. NO. 2104 Page 634
duties, who disturbs or permits disturbance of a burial ground with
the intent to obtain human skeletal remains or burial furniture
shall, upon conviction, be guilty of a Class D3 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20P of this title.

E. The law enforcement officer, if there is a reason to believe
that the skeletal remains may be human, shall promptly notify the
landowner and the Chief Medical Examiner. If remains reported under
this act are not associated with or suspected of association with
any crime, the State Archaeologist and the State Historic
Preservation Officer shall be notified within fifteen (15) days. If
review by the State Archaeologist and the State Historic
Preservation Officer of the human skeletal remains and any burial
furniture demonstrates or suggests a direct historical relationship
to a tribal group, then the State Archaeologist shall:

1. Notify the State Historic Preservation Officer; and

2. Consult with the tribal leader, designated by the Oklahoma
Indian Affairs Commission, within fifteen (15) days regarding any
proposed treatment or scientific studies and final disposition of
the materials.

SECTION 679. AMENDATORY 21 O.S. 2021, Section 1168.6, is
amended to read as follows:

Section 1168.6. A. Any person convicted of a misdemeanor
pursuant to the provisions of Sections 1168 through 1168.5 of this
title shall be punishable by a fine not exceeding Five Hundred
Dollars ($500.00), by imprisonment in the county jail not exceeding
six (6) months, or by both such fine and imprisonment.

B. Any person convicted of a felony pursuant to the provisions
of Sections 1168 through 1168.5 of this title shall be guilty of a
Class D3 felony offense punishable by a fine not exceeding One
Thousand Dollars ($1,000.00), or by imprisonment in the State
Penitentiary not exceeding two (2) years as provided for in
subsections B through F of Section 20P of this title, or by both
such fine and imprisonment.

SECTION 680. AMENDATORY 21 O.S. 2021, Section 1174, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 635
Section 1174. It shall be unlawful for any person or persons,
with the intent of intimidating any person or group of persons, to
burn, or cause to be burned, a cross on the property of another, a
highway or other public place. Any person who shall violate any
provision of this section shall, upon conviction, be guilty of a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of this
title.

SECTION 681. AMENDATORY 21 O.S. 2021, Section 1214, is
amended to read as follows:

Section 1214. It shall be unlawful for any person to operate a
mobile radio capable of receiving transmissions made by any law
enforcement agency for illegal purposes or while in the commission
of a crime and not otherwise, and any person violating the
provisions hereof shall be guilty of a Class D3 felony offense and
upon conviction thereof shall be punished by imprisonment in the
State Penitentiary for not more than three (3) years as provided for
in subsections B through F of Section 20P of this title, or fined by
not more than Five Thousand Dollars ($5,000.00), or by both such
imprisonment and fine.

SECTION 682. AMENDATORY 21 O.S. 2021, Section 1267.1, is
amended to read as follows:

Section 1267.1. Any person organizing or assisting to organize
any group, company, assembly of persons, or association with the
intent of advocating or encouraging the overthrow of the United
States or state governments, or of acting to overthrow such
governments, by force or violence, or who is or becomes a member or
affiliate of any such organization knowing its purposes shall, upon
conviction thereof, be guilty of a Class D3 felony offense and shall
be punished by imprisonment as provided for in subsections B through
F of Section 20P of this title.

SECTION 683. AMENDATORY 21 O.S. 2021, Section 1282, is
amended to read as follows:

Section 1282.

FELONY USE OF A SLUNG SHOT

Any person who carries upon his person, whether concealed or
not, or uses or attempts to use against another, any instrument or
ENR. H. B. NO. 2104 Page 636
weapon of the kind usually known as slung shot, or of any similar
kind, shall, upon conviction, be guilty of a Class D3 felony offense
and shall be punished by imprisonment as provided for in subsections
B through F of Section 20P of this title.

SECTION 684. AMENDATORY 21 O.S. 2021, Section 1442, is
amended to read as follows:

Section 1442. Any person who has been previously convicted of
the crime of burglary who has in his possession, custody or
concealed about his person, or transports or causes to be
transported, any combination of three (3) or more of the following
tools: Sledge hammer, pry bar, punches, chisel, bolt cutters, with
the intent to use or employ, or allow the same to be used or
employed, in the commission of a crime, or knowing that the tools
are to be used in the commission of a crime, shall, upon conviction,
be guilty of a Class D3 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20P of this title.

SECTION 685. AMENDATORY 21 O.S. 2021, Section 1503, is
amended to read as follows:

Section 1503. Any person who shall obtain food, lodging,
services or other accommodations at any hotel, inn, restaurant,
boarding house, rooming house, motel or auto camp, with intent to
defraud the owner or keeper thereof, if the value of such food,
lodging, services or other accommodations is less than One Thousand
Dollars ($1,000.00), shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not exceeding Five Hundred Dollars
($500.00), or be imprisoned in the county jail not exceeding three
(3) months, or punished by both such fine and imprisonment, and if
the value of such food, lodging, services or accommodations is
valued at One Thousand Dollars ($1,000.00) or more, any person
convicted hereunder shall be deemed guilty of a Class D3 felony
offense and shall be punished by imprisonment in the State
Penitentiary for a term not exceeding five (5) years as provided for
in subsections B through F of Section 20P of this title. Any person
who shall obtain shelter, lodging, or any other services at any
apartment house, apartment, rental unit, rental house, or trailer
camp, with intent to defraud the owner or keeper thereof, shall be
guilty of a misdemeanor and upon conviction thereof shall be fined
not exceeding One Hundred Dollars ($100.00), or be imprisoned in the
county jail not exceeding three (3) months, or be punished by both
fine and imprisonment. Proof that such lodging, food, services or
ENR. H. B. NO. 2104 Page 637
other accommodations were obtained by false pretense or by false or
fictitious show or pretense of any baggage or other property, or
that he gave a check on which payment was refused, or that he left
the hotel, inn, restaurant, boarding house, rooming house, motel,
apartment house, apartment, rental unit or rental house, trailer
camp or auto camp, without payment or offering to pay for such food,
lodging, services or other accommodation, or that he surreptitiously
removed or attempted to remove his baggage, or that he registered
under a fictitious name, shall be prima facie proof of the intent to
defraud mentioned in this section; but this section shall not apply
where there has been an agreement in writing for delay in payment.

SECTION 686. AMENDATORY 21 O.S. 2021, Section 1506, is
amended to read as follows:

Section 1506. Any person who obtains any money or property from
another, or obtains the signature of another to any written
instrument, the false making of which would be forgery, by means of
any false or fraudulent sale of property or pretended property by
auction, or by any of the practices known as mock auctions, shall,
upon conviction, be guilty of a Class D3 felony offense punishable
by imprisonment in the State Penitentiary not exceeding three (3)
years or in a county jail not exceeding one (1) year as provided for
in subsections B through F of Section 20P of this title, or by a
fine not exceeding One Thousand Dollars ($1,000.00), or by both such
fine and imprisonment; and, in addition, the person forfeits any
license he may hold to act as an auctioneer, and is forever
disqualified from receiving a license to act as auctioneer within
this state.

SECTION 687. AMENDATORY 21 O.S. 2021, Section 1542, is
amended to read as follows:

Section 1542. A. Every person who, with intent to cheat or
defraud another, designedly, by color or aid of any false token or
writing, or other false pretense, obtains the signature of any
person to any written instrument, or obtains from any person any
money or property is, upon conviction, guilty of a Class D3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term not exceeding three (3) years or in a
county jail not exceeding one (1) year as provided for in
subsections B through F of Section 20P of this title if the value is
One Thousand Dollars ($1,000.00) or more, or by a fine not exceeding
three times the value of the money or property so obtained, or by
both such fine and imprisonment. If the value is less than One
ENR. H. B. NO. 2104 Page 638
Thousand Dollars ($1,000.00), the person is, upon conviction, guilty
of a misdemeanor punishable by imprisonment in the county jail for a
term not exceeding one (1) year, or by a fine not exceeding three
times the value of the money or property so obtained, or by both
such fine and imprisonment.

B. Every person who, with intent to cheat or defraud another,
possesses, uses, utters, transfers, makes, manufactures,
counterfeits, or reproduces a retail sales receipt or a Universal
Price Code Label is, upon conviction, guilty of a Class D3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term not exceeding three (3) years or in a
county jail not exceeding one (1) year as provided for in
subsections B through F of Section 20P of this title if the value is
One Thousand Dollars ($1,000.00) or more, or by a fine not exceeding
three times the value represented on the retail sales receipt or the
Universal Price Code Label, or by both such fine and imprisonment.
If the value is less than One Thousand Dollars ($1,000.00), the
person is, upon conviction, guilty of a misdemeanor punishable by
imprisonment in the county jail for a term not exceeding one (1)
year, or by a fine not exceeding three times the value represented
on the retail sales receipt or the Universal Price Code Label, or by
both such fine and imprisonment. For purposes of this subsection, a
series of offenses may be aggregated into one offense when they are
the result of the formulation of a plan or scheme or the setting up
of a mechanism which, when put into operation, results in the taking
or diversion of money or property on a recurring basis. When all
acts result from a continuing course of conduct, they may be
aggregated into one crime. Acts forming an integral part of the
first taking which facilitate subsequent takings, or acts taken in
preparation of several takings which facilitate subsequent takings,
are relevant to determine the intent of the party to commit a
continuing crime.

SECTION 688. AMENDATORY 21 O.S. 2021, Section 1543, is
amended to read as follows:

Section 1543. Any person who designedly, by color or aid of any
false token or writing, or other false pretense, obtains the
signature of any person to any written instrument, or obtains from
any person any money or property for any alleged charitable or
benevolent purpose whatever, shall, upon conviction, be guilty of a
Class D3 felony offense punishable by imprisonment in the State
Penitentiary not exceeding three (3) years or in a county jail not
exceeding one (1) year as provided for in subsections B through F of
ENR. H. B. NO. 2104 Page 639
Section 20P of this title, or by a fine not exceeding the value of
the money or property so obtained, or by both such fine and
imprisonment.

SECTION 689. AMENDATORY 21 O.S. 2021, Section 1550.32,
is amended to read as follows:

Section 1550.32. A person who receives money, goods, services
or anything else of value obtained in violation of Section 1550.29
of this title, with the knowledge or belief that it was so obtained,
is, upon conviction, guilty of an a Class D3 felony offense and is
subject to the penalties set forth in subsection C of Section
1550.33 of this title.

SECTION 690. AMENDATORY 21 O.S. 2021, Section 1662, is
amended to read as follows:

Section 1662. Any person who presents or causes to be presented
any false or fraudulent claim, or any proof in support of any such
claim, upon any contract of insurance, for the payment of any loss,
or who prepares, makes or subscribes any account, certificate,
survey affidavit, proof of loss, or other book, paper or writing,
with intent to present or use the same, or to allow it to be
presented or used in support of any such claim, shall, upon
conviction, be guilty of a Class D3 felony offense punishable by
imprisonment in the State Penitentiary not exceeding three (3) years
as provided for in subsections B through F of Section 20P of this
title, or by a fine not exceeding twice the amount of the aggregated
loss sum, or both.

SECTION 691. AMENDATORY 21 O.S. 2021, Section 1753, is
amended to read as follows:

Section 1753. Any person who maliciously digs up, removes,
displaces, breaks, or otherwise injures or destroys any public
highway or bridge, or any private way laid out by authority of law,
or bridge upon such way, shall, upon conviction, be guilty of a
Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of this
title.

SECTION 692. AMENDATORY 21 O.S. 2021, Section 1753.8, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 640
Section 1753.8. A. Any person who defaces, steals or possesses
any road sign or marker posted by any city, state or county shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than One Hundred Dollars ($100.00),
or restitution which shall be paid to the city, state or county, or
by not more than twenty (20) days of community service, or by
imprisonment in the county jail for a term of not more than thirty
(30) days, or by such fine, imprisonment, community service, or
restitution, as the Court may order.

B. If a violation of subsection A of this section results in
personal injury to or death of any person, the person committing the
violation shall, upon conviction, be guilty of a Class D3 felony
offense, punishable by imprisonment in the custody of the Department
of Corrections for not more than two (2) years as provided for in
subsections B through F of Section 20P of this title, or by a fine
of not more than One Thousand Dollars ($1,000.00). In addition, the
person may be ordered to pay restitution, which shall be paid to the
city, state or county, or to perform not less than forty (40) days
of community service, or to such combination of fine, imprisonment,
community service, and/or restitution, as the Court may order.

SECTION 693. AMENDATORY 21 O.S. 2021, Section 1755, is
amended to read as follows:

Section 1755. Any person who maliciously injures or destroys
any toll house or turnpike gate shall, upon conviction, be guilty of
a Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of this
title.

SECTION 694. AMENDATORY 21 O.S. 2021, Section 1760, is
amended to read as follows:

Section 1760. A. Every person who maliciously injures, defaces
or destroys any real or personal property not his or her own, in
cases other than such as are specified in Section 1761 et seq. of
this title, is guilty of:

1. A misdemeanor, if the damage, defacement or destruction
causes a loss which has an aggregate value of less than One Thousand
Dollars ($1,000.00);

2. A Class D3 felony offense, if the damage, defacement or
destruction causes a loss which has an aggregate value of One
ENR. H. B. NO. 2104 Page 641
Thousand Dollars ($1,000.00) or more, punishable by imprisonment as
provided for in subsections B through F of Section 20P of this
title; or

3. A Class D3 felony offense, if the defendant has two or more
prior convictions for an offense under this section, notwithstanding
the value of loss caused by the damage, defacement or destruction.

B. In addition to any other punishment prescribed by law for
violations of subsection A of this section, he or she is liable in
treble damages for the injury done, to be recovered in a civil
action by the owner of such property or public officer having charge
thereof.

SECTION 695. AMENDATORY 21 O.S. 2021, Section 1765, is
amended to read as follows:

Section 1765. Any person who willfully breaks, defaces, or
otherwise injures any house of worship, or any part thereof, or any
appurtenance thereto, or any book, furniture, ornament, musical
instrument, article of silver or plated ware, or other chattel kept
therein for use in connection with religious worship, shall, upon
conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of this title.

SECTION 696. AMENDATORY 21 O.S. 2021, Section 1785, is
amended to read as follows:

Section 1785. Any person who maliciously cuts, tears,
disfigures, soils, obliterates, breaks or destroys any book, map,
chart, picture, engraving, statue, coin, model, apparatus, specimen
or other work of literature or art, or object of curiosity deposited
in any public library, gallery, museum, collection, fair or
exhibition, shall, upon conviction, be guilty of a Class D3 felony
offense punishable by imprisonment in the State Penitentiary for not
exceeding three (3) years, or in a county jail not exceeding one (1)
year as provided for in subsections B through F of Section 20P of
this title.

SECTION 697. AMENDATORY 21 O.S. 2021, Section 1786, is
amended to read as follows:

Section 1786. Any person who willfully breaks, digs up or
obstructs any pipes or mains for conducting gas or water, or any
ENR. H. B. NO. 2104 Page 642
works erected for supplying buildings with gas or water, or any
appurtenances or appendages therewith connected, or injures, cuts,
breaks down or destroys any electric light wires, poles or
appurtenances, or any telephone or telegraph wires, cable or
appurtenances, shall, upon conviction, be guilty of a Class D3
felony offense punishable by imprisonment in the State Penitentiary
not exceeding three (3) years, or in the county jail not exceeding
one (1) year, and by a fine of not more than Five Hundred Dollars
($500.00).

SECTION 698. AMENDATORY 21 O.S. 2021, Section 1791, is
amended to read as follows:

Section 1791. A. Any person who, without good cause,
maliciously and knowingly cuts or damages a fence used for the
production or containment of cattle, bison, horses, sheep, swine,
goats, domestic fowl, exotic livestock, exotic poultry or any game
animals or domesticated game such that there is a loss or damage to
the property is guilty of a misdemeanor. Any person convicted of a
second or subsequent offense pursuant to this section shall be
guilty of a Class D3 felony offense punishable by a fine not
exceeding One Thousand Dollars ($1,000.00), or by imprisonment in
the custody of the Department of Corrections not exceeding two (2)
years as provided for in subsections B through F of Section 20P of
this title, or by both such fine and imprisonment.

B. The provisions of subsection A of this section shall not
apply to any activities:

1. Performed pursuant to the Seismic Exploration Regulation
Act;

2. Performed pursuant to Sections 318.2 through 318.9 of Title
52 of the Oklahoma Statutes; or

3. That are subject to the regulation of the Oklahoma
Corporation Commission or the Federal Energy Regulatory Commission.

SECTION 699. AMENDATORY 21 O.S. 2021, Section 1792, is
amended to read as follows:

Section 1792. A. Any person who shall willfully trespass or
enter property containing a critical infrastructure facility without
permission by the owner of the property or lawful occupant thereof
shall, upon conviction, be guilty of a misdemeanor punishable by a
ENR. H. B. NO. 2104 Page 643
fine of not less than One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a term of six (6) months, or by
both such fine and imprisonment. If it is determined the intent of
the trespasser is to willfully damage, destroy, vandalize, deface,
tamper with equipment, or impede or inhibit operations of the
facility, the person shall, upon conviction, be guilty of a Class D3
felony offense punishable by a fine of not less than Ten Thousand
Dollars ($10,000.00), or by imprisonment in the custody of the
Department of Corrections for a term of one (1) year as provided for
in subsections B through F of Section 20P of this title, or by both
such fine and imprisonment.

B. Any person who shall willfully damage, destroy, vandalize,
deface or tamper with equipment in a critical infrastructure
facility shall, upon conviction, be guilty of a Class D3 felony
offense punishable by a fine of One Hundred Thousand Dollars
($100,000.00), or by imprisonment in the custody of the Department
of Corrections for a term of not more than ten (10) years, or by
both such fine and imprisonment.

C. If an organization is found to be a conspirator with persons
who are found to have committed any of the crimes described in
subsection A or B of this section, the conspiring organization shall
be punished by a fine that is ten times the amount of said fine
authorized by the appropriate provision of this section.

D. As used in this section, "critical infrastructure facility"
means:

1. One of the following, if completely enclosed by a fence or
other physical barrier that is obviously designed to exclude
intruders, or if clearly marked with a sign or signs that are posted
on the property that are reasonably likely to come to the attention
of intruders and indicate that entry is forbidden without site
authorization:

a. a petroleum or alumina refinery,

b. an electrical power generating facility, substation,
switching station, electrical control center or
electric power lines and associated equipment
infrastructure,

c. a chemical, polymer or rubber manufacturing facility,

ENR. H. B. NO. 2104 Page 644
d. a water intake structure, water treatment facility,
wastewater treatment plant or pump station,

e. a natural gas compressor station,

f. a liquid natural gas terminal or storage facility,

g. a telecommunications central switching office,

h. wireless telecommunications infrastructure, including
cell towers, telephone poles and lines, including
fiber optic lines,

i. a port, railroad switching yard, railroad tracks,
trucking terminal or other freight transportation
facility,

j. a gas processing plant, including a plant used in the
processing, treatment or fractionation of natural gas
or natural gas liquids,

k. a transmission facility used by a federally licensed
radio or television station,

l. a steelmaking facility that uses an electric arc
furnace to make steel,

m. a facility identified and regulated by the United
States Department of Homeland Security Chemical
Facility Anti-Terrorism Standards (CFATS) program,

n. a dam that is regulated by the state or federal
government,

o. a natural gas distribution utility facility including,
but not limited to, pipeline interconnections, a city
gate or town border station, metering station,
aboveground piping, a regulator station and a natural
gas storage facility, or

p. a crude oil or refined products storage and
distribution facility including, but not limited to,
valve sites, pipeline interconnections, pump station,
metering station, below or aboveground pipeline or
piping and truck loading or offloading facility; or
ENR. H. B. NO. 2104 Page 645

2. Any aboveground portion of an oil, gas, hazardous liquid or
chemical pipeline, tank, railroad facility or other storage facility
that is enclosed by a fence, other physical barrier or is clearly
marked with signs prohibiting trespassing, that are obviously
designed to exclude intruders.

SECTION 700. AMENDATORY 21 O.S. 2021, Section 1834, is
amended to read as follows:

Section 1834. Any mortgagor, conditional sales contract vendee,
pledgor or debtor under a security agreement of personal property,
or his or her legal representative, who, while such mortgage,
security agreement or conditional sales contract remains in force
and unsatisfied, conceals, sells or in any manner disposes of such
property, or any part thereof, or removes such property, or any part
thereof, beyond the limits of the county, or materially injures or
willfully destroys such property, or any part thereof, without the
written consent of the holder of such mortgage or conditional sales
contract, secured party or pledgee under a security agreement shall,
upon conviction, be guilty of a Class D3 felony offense if the value
of the property is One Thousand Dollars ($1,000.00) or more and
shall be punished by imprisonment in the custody of the Department
of Corrections for a period not exceeding three (3) years or in the
county jail not exceeding one (1) year as provided for in
subsections B through F of Section 20P of this title, or by a fine
of not to exceed Five Hundred Dollars ($500.00). If the value of
the property is less than One Thousand Dollars ($1,000.00), the
person shall, upon conviction, be guilty of a misdemeanor punishable
by imprisonment in the county jail not exceeding one (1) year, or by
a fine not exceeding Five Hundred Dollars ($500.00). Provided,
however, the writing containing the consent of the holder of the
mortgage or conditional sales contract, secured party or pledgee
under a security agreement, as before specified, shall be the only
competent evidence of such consent, unless it appears that such
writing has been lost or destroyed.

SECTION 701. AMENDATORY 21 O.S. 2021, Section 1861, is
amended to read as follows:

Section 1861. A. The name and organizational or business
affiliation of every person who by telephone engages in the
solicitation or sale of any item, tangible or intangible, shall, by
such person, be given to the person answering such telephone call.
Such information shall be given immediately and prior to any
ENR. H. B. NO. 2104 Page 646
solicitation or sales presentation. The telephone number of the
person placing the call must be given upon request of the party
being called. The person in whose name the telephone is registered
is responsible for his agents and employees conforming with the
provisions of this section. This section does not apply to calls
between persons known to each other and to religious groups, or
nonprofit organizations within their own membership, and political
activities.

B. No person may solicit contributions by telephone for a
charitable nonprofit organization unless that organization has
complied with the provisions of the Oklahoma Solicitation of
Charitable Contributions Act, Sections 552.1 et seq. of Title 18 of
the Oklahoma Statutes. Such person may charge a reasonable fee for
his services, which shall not exceed ten percent (10%) of the net
receipts of the solicitation; provided, however, that in the event
the fee charged is based upon a predetermined flat fee, then this
provision shall not apply. Provided, further, that all sums shall
be paid directly to the nonprofit organization.

C. Violation of this section by a person, business or
organization shall constitute a misdemeanor. A third and subsequent
conviction under this section shall constitute a Class D3 felony
offense punishable by imprisonment as provided for in subsections B
through F of Section 20P of this title.

SECTION 702. AMENDATORY 21 O.S. 2021, Section 1871, is
amended to read as follows:

Section 1871. A. Any person who uses a telecommunication
device with the intent to avoid the payment of any lawful charge for
telecommunication service or with the knowledge that it was to avoid
the payment of any lawful charge for telecommunication service and
the value of the telecommunication service is not more than One
Thousand Dollars ($1,000.00) or such value cannot be ascertained
shall, upon conviction, be guilty of a misdemeanor.

B. Any person who uses a telecommunication device with the
intent to avoid the payment of any lawful charge for
telecommunication service or with the knowledge that it was to avoid
the payment of any lawful charge for telecommunication service and
the value of the telecommunication service exceeds One Thousand
Dollars ($1,000.00) shall, upon conviction, be guilty of a Schedule
G Class D3 felony, if the offense occurs on or after the effective
date of Section 20.1 of this title. If the offense occurs before
ENR. H. B. NO. 2104 Page 647
the effective date of Section 20.1 of this title, the crime shall be
punishable by incarceration in the custody of the Department of
Corrections for a term not to exceed two (2) years as provided for
in subsections B through F of Section 20P of this title.

C. If the cloned cellular telephone used in violation of this
section was used to facilitate the commission of a felony the
person, upon conviction, shall be guilty of a Schedule F Class D3
felony, if the offense occurs on or after the effective date of
Section 20.1 of this title. If the offense occurs before the
effective date of Section 20.1 of this title, the crime shall be
punishable by incarceration in the custody of the Department of
Corrections for a term not to exceed two (2) years as provided for
in subsections B through F of Section 20P of this title.

D. Any person who has been convicted previously of an offense
under this section shall be guilty of a Schedule E felony upon a
second and any subsequent conviction, if the offense occurs on or
after the effective date of Section 20.1 of this title. If the
offense occurs before the effective date of Section 20.1 of this
title the crime shall be punishable by incarceration in the custody
of the Department of Corrections for a term not to exceed five (5)
years.

SECTION 703. AMENDATORY 21 O.S. 2021, Section 1872, is
amended to read as follows:

Section 1872. A. Any person who knowingly possesses an
unlawful telecommunication device shall, upon conviction, be guilty
of a misdemeanor.

B. Any person who knowingly possesses five or more unlawful
telecommunication devices at the same time shall, upon conviction,
be guilty of a Schedule F Class D3 felony, if the offense occurs on
or after the effective date of Section 20.1 of this title. If the
offense occurs before the effective date of Section 20.1 of this
title, the crime shall be punishable by incarceration in the custody
of the Department of Corrections for a term not to exceed two (2)
years as provided for in subsections B through F of Section 20P of
this title.

C. Any person who:

ENR. H. B. NO. 2104 Page 648
1. Knowingly possesses an instrument capable of intercepting
electronic serial number and mobile identification number
combinations under circumstances evidencing an intent to clone; or

2. Knowingly possesses cloning paraphernalia under
circumstances evidencing an intent to clone,

shall, upon conviction, be guilty of a schedule F Class D3 felony,
if the offense occurs on or after the effective date of Section 20.1
of this title. If the offense occurs before the effective date of
Section 20.1 of this title, the crime shall be punishable by
incarceration in the custody of the Department of Corrections for a
term not to exceed two (2) years as provided for in subsections B
through F of Section 20P of this title.

SECTION 704. AMENDATORY 22 O.S. 2021, Section 60.4, as
amended by Section 7, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2024,
Section 60.4), is amended to read as follows:

Section 60.4. A. 1. A copy of a petition for a protective
order, any notice of hearing and a copy of any emergency temporary
order or emergency ex parte order issued by the court shall be
served upon the defendant in the same manner as a bench warrant. In
addition, if the service is to be in another county, the court clerk
may issue service to the sheriff by facsimile or other electronic
transmission for service by the sheriff and receive the return of
service from the sheriff in the same manner. Any fee for service of
a petition for protective order, notice of hearing, and emergency ex
parte order shall only be charged pursuant to subsection C of
Section 60.2 of this title and, if charged, shall be the same as the
sheriff's service fee plus mileage expenses.

2. Emergency temporary orders, emergency ex parte orders and
notice of hearings shall be given priority for service and can be
served twenty-four (24) hours a day when the location of the
defendant is known. When service cannot be made upon the defendant
by the sheriff, the sheriff may contact another law enforcement
officer or a private investigator or private process server to serve
the defendant.

3. An emergency temporary order, emergency ex parte order, a
petition for protective order, and a notice of hearing shall have
statewide validity and may be transferred to any law enforcement
jurisdiction to effect service upon the defendant. The sheriff may
transmit the document by electronic means.
ENR. H. B. NO. 2104 Page 649

4. The return of service shall be submitted to the sheriff's
office or court clerk in the court where the petition, notice of
hearing or order was issued.

5. When the defendant is a minor child who is ordered removed
from the residence of the victim, in addition to those documents
served upon the defendant, a copy of the petition, notice of hearing
and a copy of any temporary order or ex parte order issued by the
court shall be delivered with the child to the caretaker of the
place where such child is taken pursuant to Section 2-2-101 of Title
10A of the Oklahoma Statutes.

B. 1. Within fourteen (14) days of the filing of the petition
for a protective order, the court shall schedule a full hearing on
the petition, if the court finds sufficient grounds within the scope
of the Protection from Domestic Abuse Act stated in the petition to
hold such a hearing, regardless of whether an emergency temporary
order or ex parte order has been previously issued, requested or
denied. Provided, however, when the defendant is a minor child who
has been removed from the residence pursuant to Section 2-2-101 of
Title 10A of the Oklahoma Statutes, the court shall schedule a full
hearing on the petition within seventy-two (72) hours, regardless of
whether an emergency temporary order or ex parte order has been
previously issued, requested or denied.

2. The court may schedule a full hearing on the petition for a
protective order within seventy-two (72) hours when the court issues
an emergency temporary order or ex parte order suspending child
visitation rights due to physical violence or threat of abuse.

3. If service has not been made on the defendant at the time of
the hearing, the court shall, at the request of the petitioner,
issue a new emergency order reflecting a new hearing date and direct
service to issue.

4. A petition for a protective order shall, upon the request of
the petitioner, renew every fourteen (14) days with a new hearing
date assigned until the defendant is served. A petition for a
protective order shall not expire unless the petitioner fails to
appear at the hearing or fails to request a new order. A petitioner
may move to dismiss the petition and emergency or final order at any
time; however, a protective order must be dismissed by court order.

ENR. H. B. NO. 2104 Page 650
5. Failure to serve the defendant shall not be grounds for
dismissal of a petition or an ex parte order unless the victim
requests dismissal or fails to appear for the hearing thereon.

6. A final protective order shall be granted or denied within
six (6) months of service on the defendant unless all parties agree
that a temporary protective order remain in effect; provided, a
victim shall have the right to request a final protective order
hearing at any time after the passage of six (6) months.

C. 1. At the hearing, the court may impose any terms and
conditions in the protective order that the court reasonably
believes are necessary to bring about the cessation of domestic
abuse against the victim or stalking or harassment of the victim or
the immediate family of the victim but shall not impose any term and
condition that may compromise the safety of the victim including,
but not limited to, mediation, couples counseling, family
counseling, parenting classes or joint victim-offender counseling
sessions. The court may order the defendant to obtain domestic
abuse counseling or treatment in a program certified by the Attorney
General at the expense of the defendant pursuant to Section 644 of
Title 21 of the Oklahoma Statutes.

2. If the court grants a protective order and the defendant is
a minor child, the court shall order a preliminary inquiry in a
juvenile proceeding to determine whether further court action
pursuant to the Oklahoma Juvenile Code should be taken against a
juvenile defendant.

D. Final protective orders authorized by this section shall be
on a standard form developed by the Administrative Office of the
Courts.

E. 1. After notice and hearing, protective orders authorized
by this section may require the defendant to undergo treatment or
participate in the court-approved counseling services necessary to
bring about cessation of domestic abuse against the victim pursuant
to Section 644 of Title 21 of the Oklahoma Statutes but shall not
order any treatment or counseling that may compromise the safety of
the victim including, but not limited to, mediation, couples
counseling, family counseling, parenting classes or joint victim-
offender counseling sessions.

ENR. H. B. NO. 2104 Page 651
2. The defendant may be required to pay all or any part of the
cost of such treatment or counseling services. The court shall not
be responsible for such cost.

3. Should the plaintiff choose to undergo treatment or
participate in court-approved counseling services for victims of
domestic abuse, the court may order the defendant to pay all or any
part of the cost of such treatment or counseling services if the
court determines that payment by the defendant is appropriate.

F. When necessary to protect the victim and when authorized by
the court, protective orders granted pursuant to the provisions of
this section may be served upon the defendant by a peace officer,
sheriff, constable, or policeman or other officer whose duty it is
to preserve the peace, as defined by Section 99 of Title 21 of the
Oklahoma Statutes.

G. 1. Any protective order issued on or after November 1,
2012, pursuant to subsection C of this section shall be:

a. for a fixed period not to exceed a period of five (5)
years unless extended, modified, vacated or rescinded
upon motion by either party or if the court approves
any consent agreement entered into by the plaintiff
and defendant; provided, if the defendant is
incarcerated, the protective order shall remain in
full force and effect during the period of
incarceration. The period of incarceration, in any
jurisdiction, shall not be included in the calculation
of the five-year time limitation, or

b. continuous upon a specific finding by the court of one
of the following:

(1) the person has a history of violating the orders
of any court or governmental entity,

(2) the person has previously been convicted of a
violent felony offense,

(3) the person has a previous felony conviction for
stalking as provided in Section 1173 of Title 21
of the Oklahoma Statutes,

ENR. H. B. NO. 2104 Page 652
(4) a court order for a final Victim Protection Order
has previously been issued against the person in
this state or another state, or

(5) the victim provides proof that a continuous
protective order is necessary for his or her
protection.

Further, the court may take into consideration whether the person
has a history of domestic violence or a history of other violent
acts. The protective order shall remain in effect until modified,
vacated or rescinded upon motion by either party or if the court
approves any consent agreement entered into by the plaintiff and
defendant. If the defendant is incarcerated, the protective order
shall remain in full force and effect during the period of
incarceration.

2. The court shall notify the parties at the time of the
issuance of the protective order of the duration of the protective
order.

3. Upon the filing of a motion by either party to modify,
extend, or vacate a protective order, a hearing shall be scheduled
and notice given to the parties. At the hearing, the issuing court
may take such action as is necessary under the circumstances.

4. If a child has been removed from the residence of a parent
or custodial adult because of domestic abuse committed by the child,
the parent or custodial adult may refuse the return of such child to
the residence unless, upon further consideration by the court in a
juvenile proceeding, it is determined that the child is no longer a
threat and should be allowed to return to the residence.

H. 1. It shall be unlawful for any person to knowingly and
willfully seek a protective order against a spouse or ex-spouse
pursuant to the Protection from Domestic Abuse Act for purposes of
harassment, undue advantage, intimidation, or limitation of child
visitation rights in any divorce proceeding or separation action
without justifiable cause.

2. The violator shall, upon conviction thereof, be guilty of a
misdemeanor punishable by imprisonment in the county jail for a
period not exceeding one (1) year or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

ENR. H. B. NO. 2104 Page 653
3. A second or subsequent conviction under this subsection
shall be a Class D3 felony offense punishable by imprisonment in the
custody of the Department of Corrections for a period not to exceed
two (2) years as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes, or by a fine not to exceed
Ten Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.

I. 1. A protective order issued under the Protection from
Domestic Abuse Act shall not in any manner affect title to real
property, purport to grant to the parties a divorce or otherwise
purport to determine the issues between the parties as to child
custody, visitation or visitation schedules, child support or
division of property or any other like relief obtainable pursuant to
Title 43 of the Oklahoma Statutes, except child visitation orders
may be temporarily suspended or modified to protect from threats of
abuse or physical violence by the defendant or a threat to violate a
custody order. Orders not affecting title may be entered for good
cause found to protect an animal owned by either of the parties or
any child living in the household.

2. When granting any protective order for the protection of a
minor child from violence or threats of abuse, the court shall allow
visitation only under conditions that provide adequate supervision
and protection to the child while maintaining the integrity of a
divorce decree or temporary order.

J. 1. In order to ensure that a petitioner can maintain an
existing wireless telephone number or household utility account, the
court, after providing notice and a hearing, may issue an order
directing a wireless service provider or public utility provider to
transfer the billing responsibility for and rights to the wireless
telephone number or numbers of any minor children in the care of the
petitioning party or household utility account to the petitioner if
the petitioner is not the wireless service or public utility account
holder.

2. The order transferring billing responsibility for and rights
to the wireless telephone number or numbers or household utility
account to the petitioner shall list the name and billing telephone
number of the account holder, the name and contact information of
the person to whom the telephone number or numbers or household
utility account will be transferred and each telephone number or
household utility to be transferred to that person. The court shall
ensure that the contact information of the petitioner is not
ENR. H. B. NO. 2104 Page 654
provided to the account holder in proceedings held under this
subsection.

3. Upon issuance, a copy of the final order of protection shall
be transmitted, either electronically or by certified mail, to the
registered agent of the wireless service provider or public utility
provider listed with the Secretary of State or Corporation
Commission of Oklahoma or electronically to the email address
provided by the wireless service provider or public utility
provider. Such transmittal shall constitute adequate notice for the
wireless service provider or public utility provider.

4. If the wireless service provider or public utility provider
cannot operationally or technically effectuate the order due to
certain circumstances, the wireless service provider or public
utility provider shall notify the petitioner. Such circumstances
shall include, but not be limited to, the following:

a. the account holder has already terminated the account,

b. the differences in network technology prevent the
functionality of a mobile device on the network, or

c. there are geographic or other limitations on network
or service availability.

5. Upon transfer of billing responsibility for and rights to a
wireless telephone number or numbers or household utility account to
the petitioner under the provisions of this subsection by a wireless
service provider or public utility provider, the petitioner shall
assume all financial responsibility for the transferred wireless
telephone number or numbers or household utility account, monthly
service and utility billing costs and costs for any mobile device
associated with the wireless telephone number or numbers. The
wireless service provider or public utility provider shall have the
right to pursue the original account holder for purposes of
collecting any past due amounts owed to the wireless service
provider or public utility provider.

6. The provisions of this subsection shall not preclude a
wireless service provider or public utility provider from applying
any routine and customary requirements for account establishment to
the petitioner as part of this transfer of billing responsibility
for a household utility account or for a wireless telephone number
or numbers and any mobile devices attached to that number including,
ENR. H. B. NO. 2104 Page 655
but not limited to, identification, financial information and
customer preferences.

7. The provisions of this subsection shall not affect the
ability of the court to apportion the assets and debts of the
parties as provided for in law or the ability to determine the
temporary use, possession and control of personal property.

8. No cause of action shall lie against any wireless service
provider or public utility provider, its officers, employees or
agents for actions taken in accordance with the terms of a court
order issued under the provisions of this subsection.

9. As used in this subsection:

a. "wireless service provider" means a provider of
commercial mobile service under Section 332(d) of the
federal Telecommunications Act of 1996,

b. "public utility provider" means every corporation
organized or doing business in this state that owns,
operates or manages any plant or equipment for the
manufacture, production, transmission, transportation,
delivery or furnishing of water, heat or light with
gas or electric current for heat, light or power, for
public use in this state, and

c. "household utility account" shall include utility
services for water, heat, light, power or gas that are
provided by a public utility provider.

K. 1. A court shall not issue any mutual protective orders.

2. If both parties allege domestic abuse by the other party,
the parties shall do so by separate petitions. The court shall
review each petition separately in an individual or a consolidated
hearing and grant or deny each petition on its individual merits.
If the court finds cause to grant both motions, the court shall do
so by separate orders and with specific findings justifying the
issuance of each order.

3. The court may only consolidate a hearing if:

a. the court makes specific findings that:

ENR. H. B. NO. 2104 Page 656
(1) sufficient evidence exists of domestic abuse,
stalking, harassment or rape against each party,
and

(2) each party acted primarily as aggressors,

b. the defendant filed a petition with the court for a
protective order no less than three (3) days, not
including weekends or holidays, prior to the first
scheduled full hearing on the petition filed by the
plaintiff, and

c. the defendant had no less than forty-eight (48) hours
of notice prior to the full hearing on the petition
filed by the plaintiff.

L. The court may allow a plaintiff or victim to be accompanied
by a victim support person at court proceedings. A victim support
person shall not make legal arguments; however, a victim support
person who is not a licensed attorney may offer the plaintiff or
victim comfort or support and may remain in close proximity to the
plaintiff or victim.

SECTION 705. AMENDATORY 22 O.S. 2021, Section 1110, is
amended to read as follows:

Section 1110. Whoever, having been admitted to bail or released
on recognizance, bond, or undertaking for appearance before any
magistrate or court of the State of Oklahoma, incurs a forfeiture of
the bail or violates such undertaking or recognizance and willfully
fails to surrender himself within five (5) days following the date
of such forfeiture shall, if the bail was given or undertaking or
recognizance extended in connection with a charge of felony or
pending appeal or certiorari after conviction of any such offense,
be guilty of a Class D3 felony offense and shall be fined not more
than One Thousand Dollars ($1,000.00), or imprisoned not more than
one (1) year as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes, or both. Nothing in this
section shall be construed to interfere with or prevent the exercise
by any court of its power to punish for contempt.

SECTION 706. AMENDATORY 34 O.S. 2021, Section 23, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 657
Section 23. Every person who is a qualified elector of the
State of Oklahoma may sign a petition for the referendum or for the
initiative for any measure upon which he is legally entitled to
vote. Any person signing any name other than his own to any
petition, or knowingly signing his name more than once for the same
measure at one election, or who is not at the time of signing the
same a legal voter of this state, or whoever falsely makes or
willfully destroys a petition or any part thereof, or who signs or
files any certificate or petition knowing the same or any part
thereof to be falsely made, or suppresses any certificate or
petition or any part thereof which has been duly filed or who shall
violate any provision of this statute, or who shall aid or abet any
other person in doing any of said acts; and any person violating any
provision of this chapter, shall, upon conviction thereof, be guilty
of a Class D3 felony offense and shall be punished by a fine of not
exceeding Five Hundred Dollars ($500.00), or by imprisonment in the
State Penitentiary not exceeding two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment in the discretion of
the court before which such conviction shall be had.

SECTION 707. AMENDATORY 36 O.S. 2021, Section 2737.1, is
amended to read as follows:

Section 2737.1. A. Any person who willfully makes a false or
fraudulent statement in or relating to an application for membership
or for the purpose of obtaining money from or a benefit in any
society, upon conviction, shall be guilty of a misdemeanor,
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than One Thousand Dollars ($1,000.00) or by imprisonment in
the county jail for not less than thirty (30) days nor more than one
(1) year, or both.

B. Any person who willfully makes a false or fraudulent
statement in any verified report or declaration under oath required
or authorized by this article, or of any material fact or thing
contained in a sworn statement concerning the death or disability of
a member for the purpose of procuring payment of a benefit named in
the certificate, is guilty of the felony of perjury, a Class D3
felony offense, and is subject to the penalties therefor prescribed
by law shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

ENR. H. B. NO. 2104 Page 658
C. Any person who solicits membership for, or in any manner
assists in procuring membership in, any society not licensed to do
business in this state, upon conviction, shall be fined not less
than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00).

D. Any person guilty of a willful violation of, or neglect of
or refusal to comply with, the provisions of this article for which
a penalty is not otherwise prescribed, shall, upon conviction, be
subject to a fine not exceeding One Thousand Dollars ($1,000.00).

SECTION 708. AMENDATORY 37A O.S. 2021, Section 6-115, is
amended to read as follows:

Section 6-115. Any person who shall operate a whiskey still
with intent to produce alcoholic beverages or any person who shall
carry on the business of a distiller without possessing a valid and
existing distiller's license issued pursuant to the provisions of
the Oklahoma Alcoholic Beverage Control Act shall be guilty of a
Class D3 felony offense and, upon conviction, be fined not less than
Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five
Thousand Dollars ($5,000.00), or imprisoned in the State
Penitentiary for not more than three (3) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment.

SECTION 709. AMENDATORY 37A O.S. 2021, Section 6-116, is
amended to read as follows:

Section 6-116. Any person who shall file a false or fraudulent
return in connection with any tax imposed by the Oklahoma Alcoholic
Beverage Control Act, or willfully evade, or attempt to evade, any
tax herein levied shall be guilty of a Class D3 felony offense and,
upon conviction, be fined not less than Two Thousand Five Hundred
Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00),
or imprisoned in the State Penitentiary for not more than three (3)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

SECTION 710. AMENDATORY 37A O.S. 2021, Section 6-117, is
amended to read as follows:

Section 6-117. Any person who shall knowingly engage in any
activity or perform any transaction or act for which a license is
ENR. H. B. NO. 2104 Page 659
required under the Oklahoma Alcoholic Beverage Control Act, not
having such license, shall be guilty of a misdemeanor and for the
first offense, upon conviction, be fined not more than Two Thousand
Five Hundred Dollars ($2,500.00) and imprisoned for not less than
thirty (30) days nor more than six (6) months, and for a second or
subsequent offense shall be guilty of a Class D3 felony offense and
be fined not more than Two Thousand Five Hundred Dollars
($2,500.00), or imprisoned in the State Penitentiary for not more
than one (1) year as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment.

SECTION 711. AMENDATORY 37A O.S. 2021, Section 6-120, is
amended to read as follows:

Section 6-120. A. Any person who shall sell, furnish or give
alcoholic beverage to a person under twenty-one (21) years of age
shall be guilty of a misdemeanor for a first violation, and upon
conviction shall be fined not more than Five Hundred Dollars
($500.00), or imprisoned in the county jail for not more than one
(1) year, or by both such fine and imprisonment. Any person
convicted of a second or subsequent violation shall be guilty of a
Class D3 felony offense, and shall be fined not less than Two
Thousand Five Hundred Dollars ($2,500.00) nor more than Five
Thousand Dollars ($5,000.00), or imprisoned in the State
Penitentiary for not more than five (5) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment. The ABLE
Commission shall revoke the license of any person convicted of a
violation of this section.

B. Any person convicted of a violation pursuant to subsection A
of this section shall be required to attend a victims impact panel
program, as defined in Section 991a of Title 22 of the Oklahoma
Statutes.

SECTION 712. AMENDATORY 37A O.S. 2021, Section 6-121, is
amended to read as follows:

Section 6-121. Any person who shall knowingly sell, furnish or
give alcoholic beverage to an insane, mentally deficient or
intoxicated person shall be guilty of a misdemeanor for a first
violation, and upon conviction shall be fined not more than Five
Hundred Dollars ($500.00), or imprisoned in the county jail for not
more than one (1) year, or by both such fine and imprisonment. Any
ENR. H. B. NO. 2104 Page 660
person convicted of a second or subsequent violation shall be guilty
of a Class D3 felony offense, and shall be fined not less than Two
Thousand Five Hundred Dollars ($2,500.00) nor more than Five
Thousand Dollars ($5,000.00), or imprisoned in the State
Penitentiary for not more than five (5) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment. The ABLE
Commission shall revoke the license of any person convicted of a
violation of this section.

SECTION 713. AMENDATORY 37A O.S. 2021, Section 6-129, is
amended to read as follows:

Section 6-129. A. As used in this section, "powdered alcohol"
means alcohol prepared or sold in a powder form for either direct
use or reconstitution.

B. It is unlawful for any person or licensee to use, offer for
use, purchase, offer to purchase, sell, offer to sell or possess
powdered alcohol.

C. It is unlawful for a holder of a license pursuant to the
provisions of Title 37A of the Oklahoma Statutes this title for on-
premises or off-premises consumption of alcoholic beverages to use
powdered alcohol as an alcoholic beverage.

D. Any person or license holder that violates this section is
guilty of a misdemeanor and shall, upon conviction, be guilty of and
punished as follows:

1. For a first offense, a misdemeanor punishable by a fine of
not more than Three Hundred Dollars ($300.00), or by imprisonment
for not more than thirty (30) days, or by both;

2. For a second offense, a misdemeanor punishable by a fine of
not more than Seven Hundred Fifty Dollars ($750.00), or by
imprisonment for not more than six (6) months, or by both; or

3. For a third or subsequent offense, a D3 felony offense
punishable by a fine of not more than Three Thousand Dollars
($3,000.00), or by imprisonment for not more than two (2) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or by both.

ENR. H. B. NO. 2104 Page 661
SECTION 714. AMENDATORY 40 O.S. 2021, Section 181, is
amended to read as follows:

Section 181. It shall be unlawful and deemed a Class D3 felony
offense for any railroad, company or any other person, firm, or
corporation, using steam boilers, to command, order or permit by
themselves or their agents, any of their employees to enter any
steam boiler, firebox or smoke chamber thereto, for the purpose of
repairing or cleaning the same or for any other purpose when the
same is under steam pressure.

SECTION 715. AMENDATORY 40 O.S. 2021, Section 182, is
amended to read as follows:

Section 182. Any officer, superintendent, foreman, boss, or
other person in authority, who, on behalf of any railroad,
corporation, or any other person, firm or corporation, using steam
boilers, violating any of the provisions of Section 181 of this
title, shall be deemed guilty of a Class D3 felony offense, and
shall upon conviction, be punished by imprisonment for a period of
not less than one (1) year nor more than two (2) years as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes.

SECTION 716. AMENDATORY 44 O.S. 2021, Section 210, is
amended to read as follows:

Section 210. Whenever the National Guard is called into service
under proclamation of the Governor for the performance of any duties
contemplated in this act, any person who willfully assaults, or
fires at, or throws any dangerous missile at, against, or upon any
member or body of the National Guard so engaged, or civil officer or
other persons lawfully aiding or assisting them in the discharge of
their duties, shall be deemed guilty of a Class D3 felony offense
and upon conviction shall be imprisoned in the State Penitentiary
not more than two (2) years as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 717. AMENDATORY 47 O.S. 2021, Section 579.1, as
amended by Section 17, Chapter 240, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 579.1), is amended to read as follows:

Section 579.1. A. It shall be unlawful to be a broker.

ENR. H. B. NO. 2104 Page 662
B. For the purposes of this section, "broker" means a person
who, for a fee, commission or other valuable consideration, arranges
or offers to arrange a transaction involving the sale of a new motor
vehicle or new powersports vehicle, and who is not:

1. A new motor vehicle or new powersports vehicle dealer or
employee of such a dealer;

2. A distributor or employee of such a distributor;

3. A motor vehicle manufacturer or employee of such a
manufacturer; or

4. An auctioneer or any other person engaged in the auto
auction business.

However, an individual shall not be deemed to be a broker if the
individual is the owner of the new or used motor vehicle or new or
used powersports vehicle which is the object of the brokering
transaction.

C. Any person convicted of being a broker as defined by this
section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year and a fine of not more than One Thousand Dollars
($1,000.00). Any person convicted of a second or subsequent offense
shall be guilty of a Schedule G Class D3 felony offense, and the
fine for a felony violation of this section shall be not less than
One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars
($5,000.00).

SECTION 718. AMENDATORY 56 O.S. 2021, Section 183, is
amended to read as follows:

Section 183. A. This section shall be known and may be cited
as “Kelley’s Law”.

B. All applications, information and records concerning any
applicant or recipient obtained pursuant to law or as authorized by
law by the Department of Human Services or any other public or
private entity shall be confidential and shall be open to inspection
only:

1. To persons duly authorized by the Department of Human
Services pursuant to rule promulgated in compliance with Article I
ENR. H. B. NO. 2104 Page 663
of the Administrative Procedures Act or by the United States in
connection with the performance of their official duties; or

2. As otherwise authorized by law.

Provided, however, the Department of Human Services shall maintain a
process to allow an authorized representative of a client of the
Department of Human Services to have access to confidential
information when necessary for eligibility determination and the
appeals process. For purposes of this section, “authorized
representative” shall mean any person designated by a client of the
Department of Human Services to review confidential information
about the client pertinent to eligibility determination and the
appeals process.

C. The Developmental Disabilities Services Division of the
Department of Human Services shall require all authorized persons
accessing service recipient information within a home record to sign
a form certifying that they have been informed and understand the
penalties for misuse of confidential and protected information
within the home record. The form shall include criminal penalties
related to identity theft.

D. It shall be unlawful and a misdemeanor for any public
officer or employee, to furnish or permit to be taken off of the
records any information therein contained for commercial or
political purposes.

E. It shall also be a Class D3 felony offense, punishable by
imprisonment in the custody of the Department of Corrections for not
to exceed two (2) years as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes, for any person,
firm or corporation to publish, or to use for commercial or
political purposes, any list or names obtained through access to
such information or records.

SECTION 719. AMENDATORY 56 O.S. 2021, Section 185, is
amended to read as follows:

Section 185. A. Any person who:

1. Obtains or attempts to obtain, or aids, abets or assists any
person to obtain, by means of a false statement or representation,
by false impersonation, by a fictitious transfer, conveyance or
encumbrance of property or income, by a knowing and willful failure
ENR. H. B. NO. 2104 Page 664
to report to the Department of Human Services income, personal
property, real property, household members, or other material
eligibility factors at the time of application or during the receipt
of assistance, or by other fraudulent device, assistance to which an
applicant is not entitled or assistance greater than that to which
an applicant is justly entitled; or

2. By sale, barter, purchase, theft, acquisition, possession or
use of any electronic benefits or debit card or any other device
authorizing participation in the Temporary Assistance for Needy
Families or other program of the Department, knowingly obtains,
aids, abets or assists any person to obtain or attempt to obtain
assistance to which a person is not entitled,

shall be guilty of a misdemeanor, if the aggregate amount of
assistance received as a result thereof is Five Hundred Dollars
($500.00) or less. Upon conviction thereof, such person shall be
fined not more than Five Hundred Dollars ($500.00) or be imprisoned
for not more than three (3) months or be both so fined and
imprisoned in the discretion of the court; provided, however, if the
aggregate amount of assistance received as a result thereof is in
excess of Five Hundred Dollars ($500.00), such person shall be
guilty of a Class D3 felony offense and, upon conviction thereof,
shall be fined not more than Five Thousand Dollars ($5,000.00), or
be imprisoned in the State Penitentiary for a term of not more than
two (2) years as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes, or be subject to both such
fine and imprisonment in the discretion of the court.

B. Every county Department of Human Services office in this
state shall conspicuously post a sign in an area clearly visible to
all visitors of the county office which shall provide information
about how to report individuals who have obtained public assistance
through fraudulent means or who have used public assistance in a
manner not consistent with its intended use. The sign shall make
reference to the Department of Human Services fraud hotline and
provide the current phone number for the hotline. The sign shall
also contain notification that all reports to the hotline may be
filed anonymously by persons suspecting fraudulent activity.

C. Notwithstanding any other provision of law, the identity of
any person making a report on another individual who may have
obtained public assistance through fraudulent means, or an
individual using public assistance in a manner not consistent with
ENR. H. B. NO. 2104 Page 665
its intended use, shall not be revealed without the permission of
the person making the report.

SECTION 720. AMENDATORY 56 O.S. 2021, Section 243, is
amended to read as follows:

Section 243. A. No person shall:

1. Obtain;

2. Attempt to obtain;

3. Aid;

4. Abet;

5. Assist any person to obtain, by means of:

a. a false statement or representation,

b. false impersonation,

c. a fictitious transfer, conveyance or encumbrance of
property or income,

d. knowing and willful failure to report to the
Department of Human Services:

(1) income,

(2) personal property,

(3) real property,

(4) household members, or

(5) other eligibility factors,

at the time of application or during a period of
receipt of assistance, or

e. any other fraudulent device:

(1) food stamps or coupons, or any benefit or debit
card or any other device authorizing
ENR. H. B. NO. 2104 Page 666
participation in the food stamp program, to which
such applicant for food stamps or coupons, or any
benefit or debit card or any other device
authorizing participation in the food stamp
program is not entitled, or

(2) a greater amount of food stamps or coupons, or a
greater number of benefit or debit cards or any
other device authorizing participation in the
food stamp program than that amount or number
which such applicant for food stamps or coupons,
or any benefit or debit card or any other device
authorizing participation in the food stamp
program is justly entitled to;

6. Acquire, possess, use or transfer food stamps or coupons, or
any benefit or debit card or any other device authorizing
participation in the food stamp program that has been issued to
another person, except as authorized by this act and the rules of
the Department of Human Services;

7. Acquire or transfer food stamps or coupons, or any benefit
or debit card or any other device authorizing participation in the
food stamp program, except in exchange for food or food products for
human consumption. For purposes of this paragraph, the phrase "food
or food products for human consumption" shall not be construed as
including alcoholic beverages, tobacco, beer, or imported foods; or

8. Transfer any food stamps or coupons, or any benefit or debit
card or any other device authorizing participation in the food stamp
program, to a person who is not authorized by this act and rules of
the Department of Human Services to acquire, possess, or use the
transferred food stamps or coupons, or any benefit or debit card or
any other device authorizing participation in the food stamp
program.

B. 1. Any person, firm or corporation who violates any of the
provisions of this section shall be guilty of a:

a. misdemeanor, if the aggregate amount of food stamps or
coupons, or the aggregate value of any benefit or
debit card or any other device authorizing
participation in the food stamp program obtained or
transferred is Five Hundred Dollars ($500.00) or less,
and, upon conviction thereof, shall be punishable by a
ENR. H. B. NO. 2104 Page 667
fine of not more than Five Hundred Dollars ($500.00),
or by imprisonment in the county jail for not more
than three (3) months, or by both such fine and
imprisonment, in the discretion of the court, or

b. Class D3 felony offense, if the aggregate amount of
food stamps or coupons, or the aggregate value of any
benefit card or debit card or any other device
authorizing participation in the food stamp program
obtained or transferred is in excess of Five Hundred
Dollars ($500.00), and, upon conviction thereof, shall
be punishable by a fine of not more than Five Thousand
Dollars ($5,000.00), or by imprisonment in the State
Penitentiary for not more than two (2) years as
provided for in subsections B through F of Section 20P
of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment, in the discretion of the court.

2. Any store which allows purchases of prohibited items shall
not be allowed to participate in the program.

3. Any person, firm or corporation who knowingly traffics in
food stamps or coupons of an aggregate value of One Hundred Dollars
($100.00) or less, or any benefit or debit card or any other device
authorizing participation in the food stamp program with an
aggregate value of One Hundred Dollars ($100.00) or less, shall,
upon conviction, be guilty of a misdemeanor, punishable by a fine of
not more than Five Hundred Dollars ($500.00), by imprisonment in the
county jail for not more than three (3) months, or by both such fine
and imprisonment, in the discretion of the court.

4. Any person, firm or corporation who knowingly traffics in
food stamps or coupons of an aggregate value exceeding One Hundred
Dollars ($100.00), or any benefit or debit card or any other device
authorizing participation in the food stamp program with an
aggregate value exceeding One Hundred Dollars ($100.00), shall, upon
conviction, be guilty of a Class D3 felony offense, punishable by a
fine of not more than Five Thousand Dollars ($5,000.00), by
imprisonment in the State Penitentiary for not more than two (2)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment, in the discretion of the court.

5. Any district attorney who enters into a deferred
adjudication or who negotiates for a deferred sentence with a
ENR. H. B. NO. 2104 Page 668
defendant charged with a violation of the provisions of this section
shall present the defendant with a disqualification consent
agreement as part of the deferred adjudication or sentence.

C. As used in this section, "to traffic or trafficking in food
stamps" means:

1. The buying, selling, stealing, or otherwise effecting an
exchange of food stamp benefits issued and accessed via electronic
benefit transfer cards, benefit or debit cards, card numbers and
personal identification numbers, or by manual voucher and signature,
for cash or consideration other than eligible food, either directly,
indirectly, in complicity or collusion with others, or acting alone;

2. The exchange of firearms, ammunition, explosives, or
controlled substances, as defined in Section 802 of Title 21 of the
United States Code, for food stamp benefits or food stamp electronic
benefit transfer cards, benefit or debit cards;

3. The possession of stolen food stamp electronic benefit
transfer cards, benefit or debit cards;

4. Purchasing a product with food stamp benefits that has a
container requiring a return deposit with the intent of obtaining
cash by discarding the product and returning the container for the
deposit amount, intentionally discarding the product, and
intentionally returning the container for the deposit amount;

5. Purchasing a product with food stamp benefits with the
intent of obtaining cash or consideration other than eligible food
by reselling the product, and subsequently intentionally reselling
the product purchased with food stamp benefits in exchange for cash
or consideration other than eligible food; or

6. Intentionally purchasing products originally purchased with
food stamp benefits in exchange for cash or consideration other than
eligible food.

SECTION 721. AMENDATORY 57 O.S. 2021, Section 13, is
amended to read as follows:

Section 13. If any person committed to prison, for the purpose
of detaining him for trial, for a capital offense, shall break
prison and escape, he shall be guilty of a Class D3 felony offense
and shall be imprisoned in the state prison for the term of two (2)
ENR. H. B. NO. 2104 Page 669
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes.

SECTION 722. AMENDATORY 59 O.S. 2021, Section 15.26, is
amended to read as follows:

Section 15.26. Any individual holding a certificate or license
who knowingly falsifies any report or statement bearing on any
attestation, investigation, or audit made by the individual or
subject to the individual’s direction shall be guilty of a Class D3
felony offense, and upon conviction shall be punishable by
imprisonment for a period of not more than one (1) year as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes, or by a fine of not more than Twenty-five
Thousand Dollars ($25,000.00) per occurrence, or by both such fine
and imprisonment.

SECTION 723. AMENDATORY 59 O.S. 2021, Section 328.49, is
amended to read as follows:

Section 328.49. A. The Board of Dentistry shall be responsible
for the enforcement of the provisions of the State Dental Act
against all persons who are in violation thereof, including, but not
limited to, individuals who practice or attempt to practice
dentistry or dental hygiene without proper authorization from the
Board.

B. 1. It shall be unlawful for any person, except a licensed
dentist, to:

a. practice or attempt to practice dentistry,

b. hold oneself out to the public as a dentist or as a
person who practices dentistry, or

c. employ or use the words "Doctor" or "Dentist", or the
letters "D.D.S." or "D.M.D.", or any modification or
derivative thereof, when such use is intended to give
the impression that the person is a dentist.

2. It shall be unlawful for any person, except a registered
dental hygienist, to:

a. practice or attempt to practice dental hygiene,

ENR. H. B. NO. 2104 Page 670
b. hold oneself out to the public as a dental hygienist
or as a person who practices dental hygiene, or

c. employ or use the words "Registered Dental Hygienist",
or the letters "R.D.H.", or any modification or
derivative thereof, when such use is intended to give
the impression that the person is a dental hygienist.

3. It shall be unlawful for any person to:

a. give false or fraudulent evidence or information to
the Board in an attempt to obtain any license or
permit from the Board, or

b. aid or abet another person in violation of the State
Dental Act.

4. Each day a person is in violation of any provision of this
subsection shall constitute a separate criminal offense and, in
addition, the district attorney may file a separate charge of
medical battery for each person who is injured as a result of
treatment performed in violation of this subsection.

C. 1. If a person violates any of the provisions of subsection
B of this section, the Board shall refer the alleged violation to
the district attorney of the county in which the violation is
alleged to have occurred to bring a criminal action in that county
against the person. At the request of the Board, district attorney
or Attorney General, attorneys employed or contracted by the Board
may assist the district attorney or Attorney General in prosecuting
charges under the State Dental Act or any violation of law relating
to or arising from an investigation conducted by the Board of
Dentistry upon approval of the Board or the Executive Director.

2. Any person who violates any of the provisions of paragraph 1
or 3 of subsection B of this section, upon conviction, shall be
guilty of a Class D1 felony offense punishable by a fine in an
amount not less than One Thousand Dollars ($1,000.00) nor more than
Ten Thousand Dollars ($10,000.00), or by imprisonment in the county
jail for a term of not more than one (1) year or imprisonment in the
custody of the Department of Corrections for a term of not more than
four (4) years as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

ENR. H. B. NO. 2104 Page 671
Any person who violates any of the provisions of paragraph 2 of
subsection B of this section, upon conviction, shall be guilty of a
misdemeanor punishable by a fine in an amount not less than Five
Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred
Dollars ($2,500.00), or by imprisonment in the county jail for a
term of not more than ninety (90) days, or by both such fine and
imprisonment. Any second or subsequent violation of paragraph 2 of
subsection B of this section, upon conviction, shall be a Class D3
felony offense punishable by a fine in an amount not less than One
Thousand Five Hundred Dollars ($1,500.00) nor more than Five
Thousand Dollars ($5,000.00), or by imprisonment in the county jail
for a term of not more than one (1) year or imprisonment in the
custody of the Department of Corrections for a term of not more than
two (2) years as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

D. The Board may initiate a civil action, pursuant to Chapter
24 of Title 12 of the Oklahoma Statutes, seeking a temporary
restraining order or injunction, without bond, commanding a person
to refrain from engaging in conduct which constitutes a violation of
any of the provisions of subsection B of this section. In a civil
action filed pursuant to this subsection, the prevailing party shall
be entitled to recover costs and reasonable attorney fees.

E. In addition to any other penalties provided herein, any
person found guilty of contempt of court by reason of the violation
of any injunction prohibiting the unlicensed practice of dentistry
now in effect or hereafter entered pursuant to any provision of the
State Dental Act or any preceding state dental act, shall be
punished by imprisonment in the county jail for a term of not less
than thirty (30) days nor more than one (1) year, and by a fine of
not less than Five Hundred Dollars ($500.00) nor more than One
Thousand Dollars ($1,000.00). The court may also require the
defendant to furnish a good and sufficient bond in a penal sum to be
set by the court, not less than One Thousand Dollars ($1,000.00),
which shall be conditioned upon future compliance in all particulars
with the injunction entered, and in the event of failure of the
defendant to furnish such bond when so ordered, the defendant shall
be confined in the county jail pending compliance therewith. Such
bond shall be mandatory as to any person hereafter found guilty of a
second contempt of court for violation of any injunction entered
pursuant to the State Dental Act, or any preceding state dental act.

ENR. H. B. NO. 2104 Page 672
SECTION 724. AMENDATORY 59 O.S. 2021, Section 1350.2, is
amended to read as follows:

Section 1350.2. A. On and after February 1, 2015, no person
shall act or engage in, solicit or offer services, or represent
himself or herself, as a bail enforcer as defined by the Bail
Enforcement and Licensing Act without first having been issued a
valid license by the Council on Law Enforcement Education and
Training.

B. On or after February 1, 2015, any person who shall act or
engage in, solicit or offer services, or represent himself or
herself, as a bail enforcer without a valid license issued by the
Council shall be guilty of a Class D3 felony offense, upon
conviction, punishable by a fine in an amount not exceeding Ten
Thousand Dollars ($10,000.00), or by imprisonment in the custody of
the Department of Corrections for a term of not more than three (3)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

C. Any person violating the provisions of subsection B of this
section while having in his or her possession or under his or her
control any firearm or weapon, including a firearm under the
authority of the Oklahoma Self-Defense Act, shall be guilty of a
Class D3 felony offense and shall be punished, upon conviction, by
an additional fine in an amount not exceeding Five Thousand Dollars
($5,000.00), or by an additional term of imprisonment up to three
(3) years, or by both such fine and imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes. In addition, the authority to carry the firearm may be
permanently revoked by the issuing authority.

SECTION 725. AMENDATORY 59 O.S. 2021, Section 1350.4, is
amended to read as follows:

Section 1350.4. A. It shall be unlawful and deemed a Class D3
felony offense for any person whose license as a bail enforcer has
been suspended, revoked, surrendered or denied, to perform, or
assist in the performance of, any function or service as a bail
enforcer.

B. Except as provided in paragraph subsection C of Section
1311.3 of this title, it shall be unlawful and deemed a Class D3
felony offense for a bail enforcer licensed in this state to assist,
ENR. H. B. NO. 2104 Page 673
aid or conspire with an unlicensed person, or a person whose license
as a bail enforcer or bail bondsman has been suspended, revoked,
surrendered or denied, to engage in any function or service as a
bail enforcer. Provided, however, a commissioned Oklahoma peace
officer or reserve peace officer who is off-duty may assist a bail
enforcer without having been issued a bail enforcer license. Any
such peace officer engaged in a recovery and surrender shall wear
clothing clearly marked "bail enforcer" or "bail enforcement" and
shall not wear any clothing marked "police" or use any other words
or phrases that imply that such person is associated with law
enforcement or a government agency; or use any vehicle marked
"police" or with any other words or phrases that imply that such a
person is associated with law enforcement or a government agency; or
display an official peace officer badge, except when the policies of
the officer's employing law enforcement agency, and the agency in
whose jurisdiction the officer is engaged in a recovery and
surrender, allows the officer to do so.

C. Any violation of this section shall be a violation of the
Bail Enforcement and Licensing Act which is punishable as provided
in Section 1350.2 of this title.

SECTION 726. AMENDATORY 59 O.S. 2021, Section 1350.12,
is amended to read as follows:

Section 1350.12. A. It shall be unlawful and deemed a D3
felony offense for any person engaged in a recovery and surrender to
mark any vehicle, wear any apparel, or display any badge or
identification card bearing the words "police", "deputy",
"detective", "officer", "agent", "investigator", "fugitive agent",
"recovery agent", "enforcement officer", "bounty hunter", "bail
agent", or "recovery detective" or use any other words or phrases
that imply that such person is associated with law enforcement or a
government agency except as provided in paragraph subsection B of
Section 1350.4 of this title.

B. It shall be unlawful for any person not duly licensed or not
authorized to engage in a recovery and surrender pursuant to the
Bail Enforcement and Licensing Act to mark any vehicle, wear any
apparel, or display any badge or identification card bearing the
words "bail enforcer", "bail enforcement" or "bail enforcement
agency" or use any other words or phrases that imply that such
person is licensed or authorized to act under the Bail Enforcement
and Licensing Act or state or federal laws.

ENR. H. B. NO. 2104 Page 674
C. Any person duly licensed, or authorized to engage in a
recovery and surrender pursuant to the Bail Enforcement and
Licensing Act, shall wear apparel bearing the words "bail enforcer"
or "bail enforcement" during the recovery and surrender as provided
in paragraph subsection B of Section 1350.4 of this title.

D. Any violation shall be deemed a D3 felony offense and shall
be a violation of the Bail Enforcement and Licensing Act which is
punishable as provided in Section 1350.2 of this title, or the
violator may be prosecuted for false impersonation of an officer.

SECTION 727. AMENDATORY 59 O.S. 2021, Section 1350.16,
is amended to read as follows:

Section 1350.16. A. The words "Bail Enforcer" or "Bail
Enforcement" shall be displayed in bold letters on all clothing worn
during the recovery of a defendant and such words together with the
person's valid state-issued license number shall be on the badge
authorized by or issued by CLEET, which badge shall be in the
possession of and visibly displayed by the bail enforcer during the
recovery of a defendant.

B. Vehicles used by a bail enforcer, if marked, must bear the
words "Bail Enforcer" or "Bail Enforcement". No such vehicle shall
be equipped with a siren, a lamp with a red or blue lens, or an
overhead light or lights with red or blue lens.

C. Any violation of the provisions of this section shall be
deemed a Class D3 felony offense punishable as provided in Section
1350.2 of this title. In addition, the Council on Law Enforcement
Education and Training may suspend or revoke the license pursuant to
the rules promulgated for such prohibited conduct.

SECTION 728. AMENDATORY 59 O.S. 2021, Section 1529, is
amended to read as follows:

Section 1529. Willful violation of any of the provisions of
this act shall be a misdemeanor upon first conviction punishable by
not more than thirty (30) days in the county jail or by a fine not
to exceed Five Hundred Dollars ($500.00) or both. Subsequent
convictions of a willful violation of this act shall be a Class D3
felony offense punishable by not more than three (3) years in the
State Penitentiary imprisonment as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 675
SECTION 729. AMENDATORY 61 O.S. 2021, Section 114, is
amended to read as follows:

Section 114. The chief administrative officer and members of
the governing body of the awarding public agency authorizing or
awarding or supervising the execution of a public construction
contract, and their relatives within the third degree of
consanguinity or affinity, are forbidden to be interested directly
or indirectly through stock ownership, partnership interest or
otherwise in any such contract. Contracts entered into in violation
of this section shall be void. Persons willfully violating this
section shall be guilty of a Class D3 felony and shall be offense
punishable by imprisonment as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes and shall be
subject to removal from office.

SECTION 730. AMENDATORY 62 O.S. 2021, Section 89.11, is
amended to read as follows:

Section 89.11. A. The State Treasurer shall develop and
implement a system of procedures to record and audit all
transactions, including electronic investment bidding transactions
with outside financial concerns. Said system of procedures shall be
promulgated pursuant to the Administrative Procedures Act and must
be approved by the Cash Management and Investment Oversight
Commission not later than October 1, 1994.

B. The Executive Review Committee must approve any proposed
destruction or changes of any transaction records, including
electronic investment bidding transactions. Any approved
destructions or changes of such transactions shall be detailed in
writing by the Executive Review Committee. The provisions of this
subsection shall not apply to corrections of scrivener error in
transaction records; however, for purposes of this section,
“scrivener error” shall not be defined to include any deliberate
change in a transaction record made:

1. For the purpose of causing a record to reflect a transaction
having occurred which did not in fact occur;

2. For the purpose of causing a record to reflect that a
transaction did not occur when in fact it did occur; or

ENR. H. B. NO. 2104 Page 676
3. Resulting in inaccuracy in a record which is material to
determining whether an act or omission occurred if such act or
omission constitutes a violation of any law, rule or requirement.

C. The State Auditor and Inspector, the Attorney General and
other authorized law enforcement officers are authorized to inspect
any transaction records or documents, including electronic
investment bidding transactions created pursuant to this section.

D. The willful interference with the inspections authorized by
subsection C of this section or the deliberate falsification or
destruction of transaction records, other than as permitted by
subsection B of this section, by the State Treasurer, any employee
of the State Treasurer, or any other person or firm shall, upon
conviction, be a Class D3 felony offense and shall be punishable by
imprisonment in the State Penitentiary for a term not to exceed
three (3) years as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes, by a fine of Ten
Thousand Dollars ($10,000.00), or by both such imprisonment and
fine, and shall also constitute grounds for termination of such
employee. A violation of the requirements of subsection C of this
section, shall be grounds for disciplinary action, including
termination from employment.

SECTION 731. AMENDATORY 63 O.S. 2021, Section 1-324.1,
is amended to read as follows:

Section 1-324.1. A. It shall be unlawful and deemed a Class D3
felony offense for any person to commit any of the following
specified acts in relation to birth, death or stillbirth
certificates issued by this state:

1. Create, issue, present or possess a fictitious birth, death
or stillbirth certificate;

2. Apply for a birth, death or stillbirth certificate under
false pretenses;

3. Alter information contained on a birth, death or stillbirth
certificate;

4. Obtain, display or represent a birth certificate of any
person as one's own by any person, other than the person named on
the birth certificate;

ENR. H. B. NO. 2104 Page 677
5. Obtain, display or represent a fictitious death or
stillbirth certificate for the purpose of fraud;

6. Make a false statement or knowingly conceal a material fact
or otherwise commit fraud in an application for a birth, death or
stillbirth certificate;

7. Knowingly present a false or forged certificate for filing;

8. Knowingly provide false personal data to a certifier of a
death certificate; or

9. Knowingly misrepresent any person's relationship to the
decedent.

B. Except as otherwise provided in this subsection, it is a
felony for any employee or person authorized to issue or create a
birth, death or stillbirth certificate or related record under this
title to knowingly issue such certificate or related record to a
person not entitled thereto, or to knowingly create or record such
certificate bearing erroneous information thereon. A certifier who
knowingly omits to list a lethal agent or improperly states manner
of death in violation of subsection E of Section 1-317 of this title
shall be deemed to have engaged in unprofessional conduct as
described in paragraph 8 of Section 509 of Title 59 of the Oklahoma
Statutes.

C. Except as otherwise provided in subsection B of this
section, a violation of any of the provisions of this section shall
constitute a Class D3 felony offense punishable as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

D. Notwithstanding any provision of this section, the State
Commissioner of Health or a designated agent, upon the request of a
chief administrator of a health or law enforcement agency, may
authorize the issuance, display or possession of a birth, death or
stillbirth certificate, which would otherwise be in violation of
this section, for the sole purpose of education with regard to
public health or safety; provided, however, any materials used for
such purposes shall be marked "void".

E. The provisions of this section shall not apply to any
request made to the State Department of Health pursuant to
ENR. H. B. NO. 2104 Page 678
subsection E of Section 1550.41 of Title 21 of the Oklahoma
Statutes.

SECTION 732. AMENDATORY 63 O.S. 2021, Section 1-757.10,
is amended to read as follows:

Section 1-757.10. A. Individuals or entities not certified
under the Oklahoma Abortion-Inducing Drug Certification Program that
provide drugs for the purpose of inducing abortion are in violation
of this act.

B. Individuals or entities that provide abortion-inducing drugs
to any person or entity that is not certified, or otherwise
authorized, to provide abortion-inducing drugs under the Oklahoma
Abortion-Inducing Drug Certification Program are in violation of
this act.

C. A person who intentionally, knowingly or recklessly violates
any provision of this act is guilty of a misdemeanor.

D. A person who intentionally, knowingly or recklessly violates
any provision of this act by fraudulent use of an abortion-inducing
drug, with or without the knowledge of the pregnant woman, is guilty
of a Class D3 felony offense.

E. No civil or criminal penalty may be assessed against the
pregnant woman upon whom the drug-induced abortion is attempted,
induced or performed.

SECTION 733. AMENDATORY 63 O.S. 2021, Section 2-307, is
amended to read as follows:

Section 2-307. Persons registered to manufacture, distribute,
or dispense controlled dangerous substances under this act shall
keep records and maintain inventories in conformance with the
record-keeping and inventory requirements of federal law and with
the additional rules the Director issues. Any person who violates
the provisions of this section shall, upon conviction, be guilty of
a Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

SECTION 734. AMENDATORY 63 O.S. 2021, Section 2-312.1,
is amended to read as follows:

ENR. H. B. NO. 2104 Page 679
Section 2-312.1. A. A licensed practitioner as defined in
Section 355 of Title 59 of the Oklahoma Statutes shall not
prescribe, dispense, deliver, or administer an anabolic steroid or
human growth hormone or cause an anabolic steroid or human growth
hormone to be administered under the direction or supervision of the
practitioner except for a valid medical purpose and in the course of
a professional practice. A valid medical purpose for the use of
anabolic steroids or human growth hormones shall not include
bodybuilding, muscle enhancement or increasing muscle bulk or
strength of a person who is in good health. This section shall not
prohibit the use of anabolic steroids for the treatment of livestock
or domestic animals in accordance with state or federal law.

B. The prescribing, dispensing, delivering or administering of
an anabolic steroid by a licensed practitioner in violation of the
provisions of subsection A of this section shall be grounds for
revocation or nonrenewal of the license of such licensed
practitioner to practice in this state. In addition, any licensed
practitioner prescribing, dispensing, delivering or administering an
anabolic steroid in violation of the provisions of subsection A of
this section, upon conviction thereof shall be guilty of a Class D3
felony offense punishable by imprisonment in the State Penitentiary
for a term of not more than three (3) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by a fine not to exceed Ten Thousand Dollars
($10,000.00), or by both such imprisonment and fine.

SECTION 735. AMENDATORY 63 O.S. 2021, Section 2-314, is
amended to read as follows:

Section 2-314. A. Whenever a manufacturer or wholesaler
distributes a controlled dangerous substance in a container prepared
by him, he shall securely affix to each individual container in
which that substance is contained a label showing in legible English
the name and address of the vendor and the quantity, kind, and form
of substance contained therein.

B. Whenever a pharmacist dispenses any controlled dangerous
substance, he shall affix to each immediate container in which such
substance is dispensed the prescription number, the date dispensed,
the patient's name, the name of the doctor, name and address of the
pharmacy for which he is lawfully acting; or, if the patient is an
animal, the name of the owner of the animal and words "for
veterinary use only".

ENR. H. B. NO. 2104 Page 680
C. Whenever a practitioner dispenses any controlled dangerous
substance, he shall affix to each immediate container in which such
substance is dispensed a label showing date dispensed, his name, his
address, his state registration number, name of the patient, or, if
the patient is an animal, the name of the owner of the animal.

D. No person except a pharmacist for the purpose of filling a
prescription shall alter, deface, or remove any label so affixed.
Any person who violates the provisions of this subsection shall,
upon conviction, be guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

SECTION 736. AMENDATORY 63 O.S. 2021, Section 2-405, is
amended to read as follows:

Section 2-405. A. No person shall use tincture of opium,
tincture of opium camphorated, or any derivative thereof, by the
hypodermic method, either with or without a medical prescription
therefor.

B. No person shall use drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the
human body a controlled dangerous substance in violation of the
Uniform Controlled Dangerous Substances Act, except those persons
holding an unrevoked license in the professions of podiatry,
dentistry, medicine, nursing, optometry, osteopathy, veterinary
medicine or pharmacy.

C. No person shall deliver, sell, possess or manufacture drug
paraphernalia knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body a
controlled dangerous substance in violation of the Uniform
Controlled Dangerous Substances Act.

D. Any person eighteen (18) years of age or over who violates
subsection C of this section by delivering or selling drug
paraphernalia to a person under eighteen (18) years of age shall,
upon conviction, be guilty of a Class D3 felony offense and shall be
ENR. H. B. NO. 2104 Page 681
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

E. Any person who violates subsections A, B or C of this
section shall, upon conviction, be guilty of a misdemeanor
punishable as follows:

1. For a first offense the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
a fine of not more than One Thousand Dollars ($1,000.00), or both
such fine and imprisonment;

2. For a second offense the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
a fine of not more than Five Thousand Dollars ($5,000.00), or both
such fine and imprisonment; and

3. For a third or subsequent offense the person shall be
punished by imprisonment in the county jail for not more than one
(1) year or by a fine of not more than Ten Thousand Dollars
($10,000.00), or both such fine and imprisonment.

F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.

SECTION 737. AMENDATORY 63 O.S. 2021, Section 3101.11,
is amended to read as follows:

Section 3101.11. A. A physician or other health care provider
who willfully fails to arrange the care of a patient in accordance
with Section 3101.9 of this title shall be guilty of unprofessional
conduct.

B. A physician who willfully fails to record the determination
of the patient's condition in accordance with Section 3101.7 of this
title shall be guilty of unprofessional conduct.

C. Any person who willfully conceals, cancels, defaces, alters,
or obliterates the advance directive of another without the
declarant's consent, or who falsifies or forges a revocation of the
advance directive of another shall be, upon conviction, guilty of a
Class D3 felony offense and shall be punished by imprisonment as
ENR. H. B. NO. 2104 Page 682
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

D. A person who in any way falsifies or forges the advance
directive of another, or who willfully conceals or withholds
personal knowledge of a revocation as provided in Section 3101.6 of
this title shall be, upon conviction, guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

E. A person who requires or prohibits the execution of an
advance directive as a condition for being insured for, or
receiving, health care services shall be, upon conviction, guilty of
a Class D3 felony offense and shall be punished by imprisonment as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes.

F. A person who coerces or fraudulently induces another to
execute an advance directive or revocation shall be, upon
conviction, guilty of a Class D3 felony offense and shall be
punished by imprisonment as provided for in subsections B through F
of Section 20P of Title 21 of the Oklahoma Statutes.

G. The sanctions provided in this section do not displace any
sanction applicable under other law.

SECTION 738. AMENDATORY 63 O.S. 2021, Section 4009.1, as
amended by Section 206, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2024, Section 4009.1), is amended to read as follows:

Section 4009.1. A. 1. Service Oklahoma shall promulgate rules
specifying the location and manner in which serial numbers for
outboard motors shall be affixed. In promulgating such rules,
Service Oklahoma shall consider the existence of voluntary industry
standards, the current state of technology and the overall process
of reducing vessel and motor thefts in this state.

2. Any outboard motor manufactured on or after October 1, 1985,
which is for sale in this state shall comply with the rules
promulgated pursuant to this section.

3. Any person, firm or corporation which sells or offers to
sell any outboard motor or outboard motor part manufactured on or
after October 1, 1985, which does not comply with this subsection
ENR. H. B. NO. 2104 Page 683
shall be, upon conviction, guilty of a misdemeanor, punishable by a
fine of up to Five Hundred Dollars ($500.00), imprisonment in the
county jail for a period of up to one (1) year, or both such fine
and imprisonment.

B. 1. It is unlawful for any person to knowingly possess any
outboard motor or outboard motor part upon which the serial number
required by subsection A of this section has been removed, erased,
defaced or otherwise altered to prevent identification.

2. It is unlawful for any person to knowingly possess,
manufacture, sell or exchange, offer to sell or exchange, aid in
sale or exchange, supply in blank, authorize or direct, give away,
or to conspire to or attempt to commit any of the previously
mentioned acts, any counterfeit manufacturer's outboard motor or
outboard motor part serial number plate or decal, used for the
purpose of identification of any outboard motor or outboard motor
part, or to conspire or attempt to commit any of these acts.

3. Any person violating any provision of this subsection shall
be, upon conviction, guilty of a Class D3 felony offense and shall
be punished by imprisonment as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes.

C. If any serial number required by this section to identify
ownership of an outboard motor or outboard motor part does not exist
or has been removed, erased, defaced or otherwise altered to prevent
identification, and the true identity cannot be determined, the
outboard motor or outboard motor part may be seized by any peace
officer in this state and shall be subject to forfeiture pursuant to
the procedures established for the law enforcement agency by which
the seizing officer is employed. Such outboard motor or outboard
motor part may not be sold or used to propel a vessel on the waters
of this state unless and until Service Oklahoma issues to the
outboard motor or outboard motor part a replacement identifying
number which shall be affixed to the motor or part and shall
thereafter be used for identification purposes of the motor or part.

SECTION 739. AMENDATORY 64 O.S. 2021, Section 1017, is
amended to read as follows:

Section 1017. Any person who shall execute or make any sworn
statement or affidavit containing false information in connection
with any transaction made from the funds held by the Commissioners
of the Land Office shall be guilty of the felony of perjury, a Class
ENR. H. B. NO. 2104 Page 684
D3 felony offense, and, upon conviction thereof, shall be punished
by a fine not to exceed Five Thousand Dollars ($5,000.00), or by
imprisonment in the custody of the Department of Corrections for a
term not to exceed one (1) year as provided for in subsections B
through F of Section 20P of Title 21 of the Oklahoma Statutes, or by
both fine and imprisonment.

SECTION 740. AMENDATORY 64 O.S. 2021, Section 1018, is
amended to read as follows:

Section 1018. Any person, firm, business, or other entity who,
without written authority from the Commissioners of the Land Office,
trespasses, uses, cuts timber, injures or destroys surface or
subsurface lands or improvements, removes anything of value from the
surface or subsurface, assumes possession without a lease or other
legal interest in the lands, or who refuses to surrender possession
at the expiration, rescission or termination of a lease or easement
shall be subject to a civil action for actual damages, possession of
the land, injunction, civil penalties equal to the amount of actual
damages, attorney fees, litigation expenses, sheriff fees and court
costs. Damage claims shall carry sixteen-percent interest from the
date of injury. The person, business or other entity shall also,
upon conviction, be guilty of a Class D3 felony offense and shall be
subject to criminal penalties as may be provided by law imprisonment
as provided for in subsections B through F of Section 20P of Title
21 of the Oklahoma Statutes.

SECTION 741. AMENDATORY 64 O.S. 2021, Section 1029, is
amended to read as follows:

Section 1029. The Cash Journal shall be balanced daily and the
total of the receipts of each day shall be deposited with the State
Treasurer as now required by the State Depository Law, except that
deposits placed at auction for the sale or lease of lands or
minerals pending finalization of a sale or lease transaction shall
be secured by the Secretary of the Land Office for safekeeping. The
deposits held by the Secretary shall be paid into the treasury
clearing account of the Commissioners of the Land Office within
three (3) business days following final approval and execution of
all required documents related to the transaction. A deposit shall
be returned to the payor of the deposit within three (3) business
days following the determination by the Commissioners of the Land
Office that the transaction will not be finalized. It shall be the
duty of the Commissioners of the Land Office to notify each debtor
to make their checks, drafts, or other transfer of monies payable to
ENR. H. B. NO. 2104 Page 685
the order of the Commissioners of the Land Office. The endorsements
on the checks, drafts or other evidence of transfers of monies shall
be in the following words:

"Pay to the order of the Treasury of the State of Oklahoma, for
credit only to the Commissioners of the Land Office". No person,
firm or corporation shall cash or pay out on any check, voucher,
draft, money order or other evidence of transfers of money, or its
equivalent, without the endorsements, and the endorsement of the
State Treasurer appearing thereon.

Any person, firm or corporation knowingly violating this
provision shall be guilty of a Class D3 felony offense and, upon
conviction, shall be punished by a fine of not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or
by imprisonment in the custody of the Department of Corrections for
a term of not more than three (3) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both the fine and imprisonment. In addition, the
person, firm or corporation shall be civilly liable to the
Commissioners of the Land Office for the use and benefit of the fund
which has sustained the loss in double the amount of the check,
voucher, money order, draft or other evidence of transfer of money,
so cashed or paid.

All checks or vouchers drawn against any Special Agency Account
by the Commissioners of the Land Office shall be issued only by the
principal fiscal officer upon written application of the head of the
division of the School Land Department. Each check or voucher shall
be signed in the name of the Commissioners of the Land Office by the
Secretary or in the absence of the Secretary by the Assistant
Secretary and shall be countersigned by the principal fiscal
officer. The form of check or voucher shall be prescribed by the
State Treasurer and shall indicate on its face the purpose for which
drawn, the amount and the account to which chargeable. No check
shall leave the office until protected by use of a machine for
printing amounts on checks, as by perforations, so as to prevent
alterations.

SECTION 742. AMENDATORY 68 O.S. 2021, Section 317.1, is
amended to read as follows:

Section 317.1. A. No person shall make a delivery sale of
cigarettes to any individual who is under the legal minimum purchase
age in this state. Any person who violates the provisions of this
ENR. H. B. NO. 2104 Page 686
section shall, upon conviction, be guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes.

B. Each person taking a delivery sale order shall comply with:

1. The age verification requirements set forth in Section 7 of
this act;

2. The disclosure requirements set forth in Section 8 of this
act;

3. The shipping requirements set forth in Section 9 of this
act;

4. The registration and reporting requirements set forth in
Section 10 of this act;

5. The tax collection requirements set forth in Section 11 of
this act; and

6. All other laws of Oklahoma generally applicable to sales of
cigarettes that occur entirely within Oklahoma, including, but not
limited to, those laws imposing:

a. excise taxes,

b. sales taxes,

c. licensing and tax-stamping requirements, and

d. escrow or other payment obligations.

SECTION 743. AMENDATORY 68 O.S. 2021, Section 349.1, is
amended to read as follows:

Section 349.1. A. Sales of cigarettes and other tobacco
products by retailers licensed by noncompacting federally recognized
Indian tribes or nations (hereinafter "tribe or nation") shall be
subject to the cigarette excise tax imposed by Section 302 et seq.
of this title and the excise tax on other tobacco products imposed
by Section 402 et seq. of this title.

ENR. H. B. NO. 2104 Page 687
B. 1. Members of noncompacting federally recognized Indian
tribes or nations may purchase cigarettes and other tobacco
products, without payment of Oklahoma cigarette excise tax or
Oklahoma other tobacco products excise tax, subject to the following
conditions:

a. the member of the noncompacting federally recognized
Indian tribe (hereinafter "purchaser") is purchasing
for his or her personal use, and not for sale,
transfer or other disposition to another person or
entity,

b. the purchaser is purchasing from a retailer licensed
by the federally recognized Indian tribe or nation of
which the purchaser is a member,

c. the licensed retailer of purchaser's federally
recognized Indian tribe or nation is located upon
"Indian country" of that licensing tribe or nation, as
that term is defined by 18 USC Section 1151(a) and
paragraph 3 of Section 348 of this title.

2. Members of noncompacting federally recognized tribes or
nations are not entitled to purchase cigarettes or other tobacco
products, free of Oklahoma excise tax, from retailers licensed by
any other tribe or nation, compacting or not, but have a right to
purchase cigarettes and other tobacco products, free of Oklahoma
excise tax, upon the "Indian country" of the tribe or nation of
which the purchaser is a member, per the United States Supreme Court
decision "Oklahoma Tax Commission v. Citizen Band Potawatomi Indian
Tribe of Oklahoma", 498 U.S. 505 (1991).

C. Cigarettes held for sale to members of a noncompacting tribe
or nation by licensed retailers of that tribe or nation, which are
located on the "Indian country" of that tribe or nation, as defined
by 18 USC Section 1151(a) and paragraph 3 of Section 348 of this
title, must bear a stamp issued by the Oklahoma Tax Commission
evidencing that cigarettes are purchased free of Oklahoma cigarette
excise tax. The following procedures shall apply to said stamps
(hereafter, "Native American tax free stamps"):

1. The probable demand for Native American tax free stamps for
each noncompacting tribe or nation shall be determined by the Tax
Commission by ascertaining the total membership in Oklahoma of the
tribe or nation from the Bureau of Indian Affairs or other reliable
ENR. H. B. NO. 2104 Page 688
source of public information regarding such membership, and
multiplying that number by the percentage of smokers in Oklahoma or
in the United States, whichever is greater, based on the most recent
data available from the State Department of Health and/or other
reliable source of public information. The product of that
calculation shall be multiplied by the average yearly consumption of
cigarettes by smokers in Oklahoma or the United States, whichever is
greater, based on the most recent data available from the State
Department of Health and/or other reliable source of public
information. The resulting number shall be deemed to constitute the
probable demand for Native American tax free stamps of such
noncompacting tribe or nation for a calendar year.

2. A preliminary determination of probable demand shall be
furnished to the governing authorities of each noncompacting tribe
or nation which may submit, for consideration by the Tax Commission,
any verifiable information in its possession regarding such probable
demand, including, but not limited to, a verifiable record of
previous sales to tribal members or other statistical evidence.

3. After consideration of all verifiable information furnished
by a noncompacting tribe or nation pursuant to paragraph 2 of this
subsection, the Tax Commission shall make its final determination of
probable demand, and furnish such determination to the subject
noncompacting tribe or nation and to all Oklahoma-licensed cigarette
wholesalers.

4. Each calendar year, the Tax Commission shall establish, as
to any and all Oklahoma-licensed cigarette wholesalers supplying
cigarettes to tribally licensed or owned retailers of each
noncompacting tribe or nation an allocation of the probable demand
for such tribe or nation, based upon each wholesaler's previous
year's reported sales of cigarettes to the tribally licensed or
owned retailers of such tribe or nation. In making such allocation,
the Tax Commission shall consider such other verifiable information
as may be submitted by a licensed wholesaler or such tribe or
nation. Upon reaching a final determination of allocation, the Tax
Commission shall advise the affected wholesaler and the tribe or
nation.

5. Oklahoma-licensed wholesalers may request and receive from
the Tax Commission, at the beginning of each quarter of the year,
their allocated share of Native American tax free stamps for the
tribally licensed or owned retailers of each noncompacting tribe or
nation. Once a wholesaler has received its allocated share of
ENR. H. B. NO. 2104 Page 689
Native American tax free stamps for the tribally licensed or owned
retailers of a noncompacting tribe or nation for the quarter, that
wholesaler may not receive any further Native American tax free
stamps for tribally licensed or owned retailers of that tribe or
nation during the quarter, absent good cause shown by verifiable
information submitted by the wholesaler and/or that tribe or nation,
which shall be considered and determined by the Tax Commission on a
case-by-case basis.

6. The Tax Commission is empowered and authorized to promulgate
such rules and regulations as, in its discretion, shall be deemed
necessary to implement and enforce the provisions of this section.

7. The sale of cigarettes bearing the Native American tax-free
stamp to a nonmember of the tribe or nation which licensed the
tribally owned or licensed retailer shall, in accordance with the
United States Supreme Court decision "Oklahoma Tax Commission v.
Citizen Band Potawatomi Indian Tribe of Oklahoma", 498 U.S. 505
(1991), obligate that tribal retailer for payment of the applicable
Oklahoma cigarette excise tax, together with the costs and attorney
fees associated with any civil action brought to collect the unpaid
Oklahoma cigarette excise tax. Such actions may be instituted in
the district court in and for the county in which the tribal
retailer is located.

D. The Oklahoma excise tax on all tobacco products other than
cigarettes (hereafter "other tobacco products") held for sale by
Oklahoma-licensed wholesalers shall be paid by the wholesaler and
stamps affixed thereto by the wholesaler pursuant to Section 403 of
this title, including those other tobacco products which may be
purchased by members of noncompacting tribes and nations on the
"Indian country" of such tribe or nation from a retailer licensed or
owned by such tribe or nation. The following procedures shall apply
to the tax-free sale of other tobacco products:

1. The probable demand for the tax-free consumption of other
tobacco products by members of each noncompacting tribe or nation
shall be determined by the Tax Commission by ascertaining the total
membership in Oklahoma of the tribe or nation from the Bureau of
Indian Affairs or other reliable source of public information
regarding such membership, and multiplying that number by the
percentage of users of such other tobacco products in Oklahoma or
the United States, whichever is greater, based on the most recent
data available from the State Department of Health and/or other
reliable source of public information. The product of that
ENR. H. B. NO. 2104 Page 690
calculation shall be multiplied by the average yearly consumption of
users of such other tobacco products in Oklahoma or the United
States, whichever is greater, based on the most recent data
available from the State Department of Health and/or other reliable
source of public information. The resulting number shall be deemed
to constitute the probable demand for the tax-free consumption of
other tobacco products by members of such noncompacting tribes or
nations for a calendar year.

2. A preliminary determination of probable demand shall be
furnished to the governing authorities of each noncompacting tribe
or nation, which may submit, for consideration by the Tax
Commission, any verifiable information in its possession regarding
such probable demand, including, but not limited to, a verifiable
record of previous sales to tribal members or other statistical
evidence.

3. After consideration of all verifiable information furnished
by a noncompacting tribe or nation pursuant to paragraph 2 of this
subsection, the Tax Commission shall make its final determination of
probable demand and furnish such determination to the subject
noncompacting tribe or nation and to all Oklahoma-licensed other
tobacco product wholesalers.

4. Each calendar year, the Tax Commission shall establish, as
to any and all Oklahoma-licensed other tobacco product wholesalers
supplying other tobacco products to the tribally licensed or owned
retailers of each noncompacting tribe or nation an allocation of the
probable demand for such tribe or nation, based upon each
wholesaler's previous year's reported sales of other tobacco
products to the tribally licensed or owned retailers of such tribe
or nation. In making such allocation, the Tax Commission shall
consider such other verifiable information as may be submitted by a
licensed wholesaler or such tribe or nation. Upon reaching a final
determination of allocation, the Tax Commission shall advise the
affected wholesaler and the tribe or nation.

5. Oklahoma-licensed wholesalers may request and receive from
the Tax Commission, on the 30th of each month, a refund and/or
credit for the previous month's tax-free sales of other tobacco
products, equal to the lesser of: one twelfth (1/12) of their
allocated share of tax-free sales of other tobacco products to the
tribally licensed or owned retailers of each noncompacting tribe or
nation or verifiable tax-free sales to the licensed or owned tribal
retailers of such tribe or nation. Once a wholesaler has received
ENR. H. B. NO. 2104 Page 691
such refund and/or credit for a previous month's tax-free sales to
the tribally licensed or owned retailers of each noncompacting tribe
or nation, that wholesaler may not receive any further refund and/or
credit for said previous month, absent good cause shown by
verifiable information submitted by the wholesaler and/or the
noncompacting tribe or nation, which shall be considered and
determined by the Tax Commission on a case-by-case basis.

6. The Tax Commission is empowered and authorized to promulgate
such rules and regulations as, in its discretion, shall be deemed
necessary to implement and enforce the provisions of this section.

7. The tax-free sale of other tobacco products to a nonmember
of the noncompacting tribe or nation which licenses the tribally
owned or licensed retailer shall, in accordance with the United
States Supreme Court decision "Oklahoma Tax Commission v. Citizen
Potawatomi Indian Tribe of Oklahoma", 498 U.S. 505 (1991), obligate
that tribal retailer for payment of the applicable Oklahoma other
tobacco product excise tax, together with the costs and attorney
fees associated with any civil action brought to collect the unpaid
Oklahoma other tobacco product excise tax. Such actions may be
instituted in the district court in and for the county in which the
tribal retailer is located.

E. The provisions of this section are intended to, and shall be
construed to apply only to, sales of cigarettes and other tobacco
products on the "Indian country" of noncompacting federally
recognized Indian tribes or nations to the members of such tribes or
nations. In the event that a noncompacting tribe or nation enters
into an agreement with the State of Oklahoma, pursuant to Section
346 of this title, the terms of such compact shall take precedence
over the provisions of this section, which shall have no application
to any tribe or nation, while any compact between the State of
Oklahoma and that tribe or nation is in force and effect.

F. All cigarettes which are sold or held for sale at tribally
owned or licensed stores shall have affixed thereto a stamp or
stamps evidencing payment or nonpayment of the Oklahoma cigarette
excise tax, as required by the provisions in this section.

G. It shall be unlawful for any person knowingly to ship,
transport, receive, possess, sell, distribute or purchase contraband
cigarettes. Any person who engages in shipping, transporting,
receiving, possessing, selling, distributing or purchasing
contraband cigarettes shall, upon conviction, be guilty of a
ENR. H. B. NO. 2104 Page 692
misdemeanor punishable by a fine of not more than One Thousand
Dollars ($1,000.00). Any person convicted of a second or subsequent
violation hereof shall be guilty of a Class D3 felony offense and
shall be punishable punished by a fine of not more than Five
Thousand Dollars ($5,000.00), by a term of imprisonment in the
custody of the Department of Corrections for not more than two (2)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

H. Any person who knowingly engages in shipping, transporting,
receiving, processing, selling, distributing or purchasing
contraband cigarettes shall be subject to the forfeiture of property
as is provided by Section 305 of this title and assessment of
penalty as provided thereby and assessment for any delinquent taxes
found to be owing.

I. Pursuant to 25 C.F.R., Section 140.17, no trader shall sell
tobacco, cigars or cigarettes to any Indian or other person under
eighteen (18) years of age.

SECTION 744. AMENDATORY 68 O.S. 2021, Section 426, is
amended to read as follows:

Section 426. A. It shall be unlawful for any person knowingly
to ship, transport, receive, possess, sell, distribute or purchase
contraband tobacco products. Any person who engages in shipping,
transporting, receiving, possessing, selling, distributing or
purchasing contraband tobacco products shall, upon conviction, be
guilty of a misdemeanor punishable by a fine of not more than Two
Thousand Dollars ($2,000.00). Any person convicted of a second or
subsequent violation hereof shall be guilty of a Class D3 felony
offense and shall be punishable punished by a fine of not more than
Five Thousand Dollars ($5,000.00), by a term of imprisonment in the
custody of the Department of Corrections for not more than two (2)
years as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment.

B. Any person who knowingly engages in shipping, transporting,
receiving, possessing, selling, distributing or purchasing
contraband tobacco products shall be subject to the forfeiture of
property as is provided by Section 417 of this title and assessment
of penalty as provided thereby and assessment for any delinquent
taxes found to be owing.
ENR. H. B. NO. 2104 Page 693

SECTION 745. AMENDATORY 68 O.S. 2021, Section 1364, as
last amended by Section 1, Chapter 203, O.S.L. 2024 (68 O.S. Supp.
2024, Section 1364), is amended to read as follows:

Section 1364. Permits to do business.

A. Every person desiring to engage in a business within this
state who would be designated as a Group One or Group Three vendor,
pursuant to Section 1363 of this title, shall be required to secure
from the Oklahoma Tax Commission every three (3) years a written
permit for a fee of Twenty Dollars ($20.00) prior to engaging in
such business in this state. Each such person shall file with the
Tax Commission an application for a permit to engage in or transact
business in this state, setting forth such information as the Tax
Commission may require. The application shall be signed by the
owner of the business or representative of the business entity and
as a natural person, and, in the case of a corporation, as a legally
constituted officer thereof. To obtain a sales tax permit, an
individual or sole proprietor must be at least eighteen (18) years
of age. A parent or legal guardian may apply for a permit on behalf
of an individual or sole proprietor who is not at least eighteen
(18) years of age, provided the parent or legal guardian will be
considered the authorized user responsible for remitting state tax.

B. Upon receipt of an initial application, the Tax Commission
may issue a probationary permit effective for six (6) months which
will automatically renew for an additional thirty (30) months unless
the applicant receives written notification of the refusal of the
Commission to renew the permit. Within twenty (20) days of the date
of the written notification of the notice of refusal, the applicant
may request a hearing to show cause why the permit should be
renewed. Upon receipt of a request for a hearing, the Tax
Commission shall set the matter for hearing and give ten (10) days'
notice in writing of the time and place of the hearing. At the
hearing, the applicant shall set forth the qualifications of the
applicant for a permit and proof of compliance with all state tax
laws.

C. Holders of a probationary permit as provided in subsection B
of this section shall not be permitted to present the permit to
obtain a commercial license plate for their motor vehicle as
provided in Section 1133.1 of Title 47 of the Oklahoma Statutes.

ENR. H. B. NO. 2104 Page 694
D. Upon verification that the applicant is a Group Three
vendor, the Tax Commission may require such applicant to furnish a
surety bond or other security as the Commission may deem necessary
to secure payment of taxes under this article, prior to issuance of
a permit for the place of business set forth in the application for
permit. Provided, the Tax Commission is hereby authorized to set
guidelines, by adoption of regulations, for the issuance of sales
tax permits. Pursuant to the guidelines the Tax Commission may
refuse to issue permits to any Group Three vendors, or any class of
vendors included in the whole classification of Group Three vendors,
if the Tax Commission determines that it is likely this state will
lose tax revenue due to the difficulty of enforcing this article for
any reasons stated in paragraph 21 of Section 1354 of this title.

E. A separate permit for each additional place of business to
be operated must be obtained from the Tax Commission for a fee of
Ten Dollars ($10.00). Such permit shall be good for a period of
three (3) years. The Tax Commission shall grant and issue to each
applicant a separate permit for each place of business in this
state, upon proper application therefor and verification thereof by
the Tax Commission.

F. A permit is not assignable and shall be valid only for the
person in whose name it is issued and for the transaction of
business at the place designated therein. The permit shall at all
times be conspicuously displayed at the place of business for which
issued in a position where it can be easily seen. The permit shall
be in addition to all other permits required by the laws of this
state. Provided, if the location of the business is changed, such
person shall file with the Tax Commission an application for a
permit to engage in or transact business at the new location. Upon
issuance of the permit to the new location of such business, no
additional permit fee shall be due until the expiration of the
permit issued to the previous location of such business.

G. It shall be unlawful for any person coming within the class
designated as Group One or the class designated as Group Three to
engage in or transact a business of reselling tangible personal
property or services within this state unless a written permit or
permits shall have been issued to such person. Any person who
engages in a business subject to the provisions of this section
without a permit or permits, or after a permit has been suspended,
upon conviction, shall be guilty of a misdemeanor punishable by a
fine of not more than One Thousand Dollars ($1,000.00). Any person
convicted of a second or subsequent violation hereof shall be guilty
ENR. H. B. NO. 2104 Page 695
of a Class D3 felony and offense punishable by a fine of not more
than Five Thousand Dollars ($5,000.00), or by a term of imprisonment
in the custody of the Department of Corrections for not more than
two (2) years as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes, or both such fine and
imprisonment.

H. Any person operating under a permit as provided in this
article shall, upon discontinuance of business by sale or otherwise,
return such permit to the Tax Commission for cancellation, together
with a remittance for any unpaid or accrued taxes. Failure to
surrender a permit and pay any and all accrued taxes will be
sufficient cause for the Tax Commission to refuse to issue a permit
subsequently to such person to engage in or transact any other
business in this state. In the case of a sale of any business, the
tax shall be deemed to be due on the sale of the fixtures and
equipment, and the Tax Commission shall not issue a permit to
continue or conduct the business to the purchaser until all tax
claims due this state have been settled.

I. All permits issued under the provisions of this article
shall expire three (3) years from the date of issuance at the close
of business at each place or location of the business within this
state. No refund of the fee shall be made if the business is
terminated prior to the expiration of the permit. Whenever the
sales tax reports required to be filed by Section 1365 of this title
indicate there is no business activity at a place of business for a
period of twelve (12) months, the Tax Commission, after giving
twenty (20) days' notice to the permit holder in writing of the time
and place of hearing to show cause why the sales tax permit for that
place of business should not be revoked, may revoke or suspend the
permit pursuant to an order of the Tax Commission after failure to
show cause or failure to appear by the permit holder.

J. Whenever a holder of a permit fails to comply with any
provisions of this article, the Tax Commission, after giving twenty
(20) days' notice in writing of the time and place of hearing to
show cause why the permit should not be revoked, may revoke or
suspend the permit pursuant to an order of the Tax Commission after
failure to show cause or failure to appear by the permit holder, the
permit to be renewed upon removal of cause or causes of revocation
or suspension. However, if a holder of a permit becomes delinquent
for a period of three (3) months or more in reporting or paying of
any tax due under this article, any duly authorized agent of the Tax
Commission may remove the permit from the taxpayer's premises and it
ENR. H. B. NO. 2104 Page 696
shall be returned or renewed only upon the filing of proper reports
and payment of all taxes due under this article.

K. Permits are not required of persons coming within the
classification designated as Group Two. The Oklahoma Tax Commission
shall issue a limited permit to Group Five vendors. The permit
shall be in such form as the Tax Commission may prescribe.

L. Nothing in this article shall be construed to allow a permit
holder to purchase, tax exempt, anything for resale that the permit
holder is not regularly in the business of reselling.

M. All monies received pursuant to issuance of such permits to
do business shall be paid to the State Treasurer and placed to the
credit of the General Revenue Fund of the State Treasury.

N. Notwithstanding the provisions of Section 205 of this title,
the Oklahoma Tax Commission is authorized to release the following
information contained in the Master Sales and Use Tax File to
vendors:

1. Permit number;

2. Name in which permit is issued;

3. Name of business operation if different from ownership
(DBA);

4. Mailing address;

5. Business address;

6. Business class, North American Industry Classification
System (NAICS), or Standard Industrial Classification (SIC); and

7. Effective date and expiration or cancellation date of
permit.

Release of such information shall be limited to tax remitters
for the express purpose of determining the validity of sales permits
presented as evidence of purchasers' sales tax resale status under
this Oklahoma Tax Code.

The provisions of this subsection shall be strictly interpreted
and shall not be construed as permitting the disclosure of any other
ENR. H. B. NO. 2104 Page 697
information contained in the records and files of the Tax Commission
relating to sales tax or to any other taxes.

This information may be provided on a subscription basis, with
periodic updates, and sufficient fee charged, not to exceed One
Hundred Fifty Dollars ($150.00) per year, to offset the
administrative costs of providing the list. All revenue received by
the Oklahoma Tax Commission from such fees shall be deposited to the
credit of the Oklahoma Tax Commission Fund. No liability
whatsoever, civil or criminal, shall attach to any member of the Tax
Commission or any employee thereof for any error or omission in the
disclosure of information pursuant to this subsection.

O. If the Tax Commission enters into the Streamlined Sales and
Use Tax Agreement under Section 1354.18 of this title, the Tax
Commission is authorized to participate in its online sales and use
tax registration system and shall not require the payment of the
registration fees or other charges provided in this section from a
vendor who registers within the online system if the vendor has no
legal requirement to register.

SECTION 746. AMENDATORY 68 O.S. 2021, Section 1625, is
amended to read as follows:

Section 1625. The following license fees shall be due and
payable on or before March 1 of each year to the Office of the State
Fire Marshal. Any licensed manufacturer, distributor or wholesaler
permitted to sell fireworks at wholesale or retail, pursuant to
Section 1623 of this title, may apply for a license.

1. A license fee of One Thousand Dollars ($1,000.00) annually
shall be charged for the license to do business within this state as
a manufacturer. Provided, no manufacturer's license shall be issued
without:

a. proof of inspection by the State Fire Marshal pursuant
to Section 1633 of this title, and

b. proof of workers' compensation coverage pursuant to
the provisions of Title 85 of the Oklahoma Statutes.

2. A license fee of One Thousand Dollars ($1,000.00) annually
shall be charged for the license to do business within this state as
a distributor.

ENR. H. B. NO. 2104 Page 698
3. A license fee of Five Hundred Dollars ($500.00) annually
shall be charged for the license to do business within this state as
a wholesaler.

4. Any person operating a retail location where fireworks are
sold directly to the consumer shall be required to purchase a retail
fireworks license. The retail license fee shall be Ten Dollars
($10.00) annually and may be purchased from any licensed wholesaler,
manufacturer or distributor. These serially numbered licenses shall
be made available at any time to the licensed wholesalers,
manufacturers or distributors in books of twenty licenses to a book.
Retail licenses which are unsold may be exchanged for new licenses.
Any person purchasing a retail fireworks license pursuant to this
paragraph shall, at the time of purchasing such license, sign an
affidavit attesting to the fact that the name, mailing address and
telephone number of the purchaser as it appears on such license is
correct and that the purchaser operates a retail location where
fireworks are sold directly to the consumer. Said affidavit shall
be an integral but easily detachable part of the application form
for a retail fireworks license. Any person who signs said affidavit
as required by this paragraph when such person knows that it is not
true, upon conviction, shall be guilty of the felony of perjury, a
Class D3 felony offense, and shall be punished by imprisonment as
provided for by law in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes.

Any person engaged in more than one of the licensed activities
provided in this section shall only pay one fee to be based on the
classification requiring the higher fee.

SECTION 747. AMENDATORY 68 O.S. 2021, Section 2861, is
amended to read as follows:

Section 2861. A. A county board of equalization is hereby
created for each county in the state. Said board shall consist of
three (3) members.

B. Members of the county board of equalization shall be
appointed as follows:

1. One member shall be appointed by the Oklahoma Tax
Commission;

2. One member shall be appointed by the board of county
commissioners; and
ENR. H. B. NO. 2104 Page 699

3. One member shall be appointed by the district judge or a
majority of the district judges in all judicial districts where more
than one district judge is elected.

C. The tenure of office of each county board of equalization
member shall be coterminous with that of the first county
commissioner district and the third county commissioner district.

D. The qualifications of the members of the county board of
equalization shall be as follows:

1. The member must be a qualified elector and resident of the
county;

2. The member may not hold an elected office of the state,
county, school district or municipal subdivision;

3. The member may not file for any elected office of the state,
county, school district or municipal subdivision without first
resigning from the county board of equalization; and

4. Not more than one member shall live in any one county
commissioner's district; provided, any member serving on the
effective date of this act may continue to serve until completion of
the member's tenure of office pursuant to the provisions of
subsection C of this section notwithstanding the provisions of this
paragraph.

E. The county clerk shall serve as secretary and clerk of said
board without additional compensation.

F. If there is a conflict or dispute as to the membership, the
eligibility of any appointee for membership, the priority of an
appointment or appointments, one as opposed to another, or the right
of any appointee to serve in any county commissioner's district,
then, such conflict or dispute shall be resolved by a determination
and order of the Oklahoma Tax Commission.

G. It shall be unlawful for any member of the county board of
equalization to sell or contract to sell, or to lease or contract to
lease, or to represent any person, firm, corporation or association
in the sale or the lease of any machinery, supplies, equipment,
material, or other goods, wares, or merchandise to any county or
city or town of the county. It shall also be unlawful for any
ENR. H. B. NO. 2104 Page 700
member of the county board of equalization to serve as employee,
official, or attorney for any county or city, or town of the county,
or for any such member to represent any taxpayer before the board in
any manner, or to use the position as a board member to further the
member's own interests. It shall also be unlawful for any taxpayer
or interested party to employ any member of the county board of
equalization in any matter coming before the board.

H. Any person violating any of the provisions of this section
shall be deemed guilty of a Class D3 felony offense, and upon
conviction thereof shall be punished by a fine of not less than Two
Hundred Dollars ($200.00) and not more than One Thousand Dollars
($1,000.00), or by imprisonment in the State Penitentiary for not
less than six (6) months or more than two (2) years as provided for
in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes, or by both such fine and imprisonment.

I. Any action taken by a county excise board after August 24,
1989, and before May 30, 1990, are hereby declared to be official
actions of a duly constituted county excise board.

SECTION 748. AMENDATORY 68 O.S. 2021, Section 3908, is
amended to read as follows:

Section 3908. Any person making an application, claim for
payment or any report, return, statement, invoice, or other
instrument or providing any other information pursuant to the
provisions of this act who willfully makes a false or fraudulent
application, claim, report, return, statement, invoice, or other
instrument or who willfully provides any false or fraudulent
information, or any person who willfully aids or abets another in
making such false or fraudulent application, claim, report, return,
statement, invoice, or other instrument or who willfully aids or
abets another in providing any false or fraudulent information, upon
conviction, shall be guilty of a Class D3 felony offense. The fine
for a violation of this provision shall not be less than One
Thousand Dollars ($1,000.00) nor more than Fifty Thousand Dollars
($50,000.00). Any person convicted of a violation of this section
shall be liable for the repayment of all incentive payments which
were paid to the establishment. Interest shall be due on such
payments at the rate of ten percent (10%) per annum.

SECTION 749. AMENDATORY 69 O.S. 2021, Section 1213, is
amended to read as follows:

ENR. H. B. NO. 2104 Page 701
Section 1213. (a) A. Any person or persons who shall willfully
or knowingly obstruct or damage any public road or highway by
obstructing the side or cross drain or ditches thereof, or by
turning water upon such road or highway or right-of-way, or by
throwing or depositing brush, trees, stumps, logs, or any refuse or
debris whatsoever in the road or highway, or on the sides or in the
ditches thereof, or by fencing across or upon the right-of-way of
the same, or by planting any hedge within the lines established for
such road or highway, or by changing the location thereof, or shall
obstruct said road, highway or drains in any other manner
whatsoever, or, except as provided in subsection (b) B of this
section, any person or persons who shall willfully or knowingly
deface, damage, destroy or remove any traffic-control device, road
sign, signboard, guide sign or signpost shall be deemed guilty of a
misdemeanor.

(b) B. If any person or persons willfully or knowingly defaces,
damages, destroys or removes any traffic-control device, road sign,
signboard, guide sign or signpost and such action results in
personal injury to or death of any person, the person or persons
responsible for such action shall be guilty of a Class D3 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for not more than two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by a fine of not more than One Thousand Dollars
($1,000.00), or by both such fine and imprisonment. Notice of this
provision shall be placed in the manual provided by the Department
of Public Safety which manual is issued for purpose of passing
driving privilege.

(c) C. The governing body who finds any road or highway
obstructed as above specified shall notify the person violating the
provisions of this section, verbally or in writing, to remove such
obstruction forthwith, and if such person does not remove the
obstruction within ten (10) days after being notified, he shall pay
the sum of Five Dollars ($5.00) for each and every day after the
tenth day such obstruction is maintained or permitted to remain,
such fine to be recovered by suit brought by the governing body in
any court of competent jurisdiction.

SECTION 750. AMENDATORY 70 O.S. 2021, Section 17-110, is
amended to read as follows:

Section 17-110. Any person who shall knowingly make any false
statement or shall falsify or permit to be falsified, any record or
ENR. H. B. NO. 2104 Page 702
records of this retirement system in any attempt to defraud such
system as a result of such act shall be guilty of a Class D3 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes. Should any charge or error in the records result in any
member or beneficiary receiving from the retirement system more or
less than he would have been entitled to receive had the records
been correct, the Board of Trustees shall correct such error, and so
far as practicable, shall adjust the payment in such a manner that
the actuarial equivalent of the benefit to which such member or
beneficiary was correctly entitled shall be paid, and to take from
the Interest Fund sufficient to reimburse the Fund where an
overpayment had already been made, and any such overpayment
recovered from the member shall be placed in the Interest Fund.

SECTION 751. AMENDATORY 71 O.S. 2021, Section 621, is
amended to read as follows:

Section 621. A. It is unlawful and deemed a Class D3 felony
offense for any person to offer or dispose of any interest in
subdivided land located in this state or to offer or dispose in this
state of any subdivided land located without this state unless it is
registered under this Code or the land or transaction is exempt
under Sections 622 or 623 of this Code.

B. It is unlawful and deemed a Class D3 felony offense for any
subdivider or registrant of subdivided lands registered under this
Code, or any person in control of, controlled by, or under common
control with the subdivider or registrant, or any agent, to offer or
dispose of any of the registered subdivided land if the subdivider
or registrant is in violation of this Code, or any rule promulgated
under this Code, or any order issued under this Code of which he has
notice, or if the registration statement relating to the subdivided
lands, as of the date of such offer or disposition, is incomplete in
any material respect or contains any statement which is false or
misleading with respect to any material fact.

SECTION 752. AMENDATORY 71 O.S. 2021, Section 626, as
amended by Section 3, Chapter 78, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 626), is amended to read as follows:

Section 626. A. It shall be unlawful and deemed a Class D3
felony offense for a person to dispose of an interest in subdivided
lands, pursuant to a registration under this Code, unless a current
public offering statement is delivered to the purchaser at the
ENR. H. B. NO. 2104 Page 703
expense of the subdivider or the subdivider's agent at least forty-
eight (48) hours prior to any sale, contract to sell or option to
purchase and unless the purchaser is afforded a reasonable
opportunity to examine and is permitted to retain the public
offering statement. The subdivider shall obtain and retain a
receipt, signed by the purchaser, acknowledging receipt of a copy of
the public offering statement prior to the execution by the
purchaser of any contract or agreement for the disposition of any
lot in a subdivision, which receipt shall be kept in the files of
the subdivider and be subject to inspection by the Administrator for
a period of three (3) years from the date the receipt is taken.

B. A public offering statement shall disclose fully and
accurately all material circumstances or features which affect the
subdivided lands or which would be a material consideration in
making the purchasing decision. The proposed public offering
statement shall be submitted to the Administrator as required by
paragraph 20 of Section 625 of this Code and shall be in such form
and contain such information as the Administrator by rule requires
including:

1. The name, principal address, electronic mail address,
website address, and telephone number of the subdivider and the
subdivider's offices and agents in this state;

2. A general description of the subdivided lands including a
statement of the total number of lots to be offered;

3. A statement as to whether the subdivider holds any option to
purchase adjacent properties and, if so, a description of such
option and the location and zoning of the adjacent properties;

4. The assistance, if any, that the subdivider and the
subdivider's agents or affiliates will provide to the purchaser in
the resale of the property and the extent to which the subdivider,
agents, or affiliates will be in competition in the event of resale;

5. The material terms of any encumbrances, easements, liens,
and restrictions including zoning and other regulations affecting
the subdivided lands and each unit or lot, the efforts to remove
such liens or encumbrances, the results of the success or failure
thereof, and all existing taxes and existing or proposed special
taxes or assessments which affect the subdivided lands;

6. The use for which the property is to be offered;
ENR. H. B. NO. 2104 Page 704

7. Information concerning existing or proposed improvements
including, but not limited to, streets, water supply, levees,
drainage control systems, irrigation systems, sewage disposal
systems and customary utilities and the estimated cost, date of
completion, and responsibility for construction and maintenance of
existing and proposed improvements which are referred to in
connection with the offering or disposition of any lot in subdivided
lands;

8. Such financial statements of the subdivider as the
Administrator may require;

9. The topographic and climatic characteristics of the
subdivided lands and adjacent area;

10. A statement of the existing provisions for access of the
subdivision to community fire protection, the location of primary
and secondary schools, the proximity to municipalities and the
population thereof, the improvements installed or to be installed
including off-site and on-site community and recreational
facilities, by whom they were or are to be installed, maintained or
paid for, and an estimate of completion thereof; and

11. Such additional information as may be required by the
Administrator including any of the information contained in the
application for registration.

C. The public offering statement shall not be used for any
promotional purpose before registration of the subdivided lands and
afterwards it shall be used only in its entirety. It shall be
unlawful for any person to advertise or represent that the
Administrator has approved or recommended the subdivided lands or a
disposition thereof. No portion of the public offering statement
may be underscored, italicized, or printed in larger or heavier or
different colored type than the remainder of the statement unless
required or approved by the Administrator.

D. The Administrator may require the subdivider or the
subdivider's agent to alter or amend the proposed public offering
statement in order to provide full and fair disclosure to
prospective purchasers.

ENR. H. B. NO. 2104 Page 705
SECTION 753. AMENDATORY 71 O.S. 2021, Section 631, as
amended by Section 6, Chapter 78, O.S.L. 2022 (71 O.S. Supp. 2024,
Section 631), is amended to read as follows:

Section 631. It is unlawful and shall be deemed a Class D3
felony offense for any person to transact business in this state as
an agent unless the person has obtained a real estate broker's or
real estate sales associate's license from this state, provided that
the provisions of this section shall not apply to a person whose
dealings relate solely to property exempt under Section 622 of this
title or to transactions exempt under Section 623 of this title.

SECTION 754. AMENDATORY 71 O.S. 2021, Section 641, is
amended to read as follows:

Section 641. It is unlawful and deemed a Class D3 felony
offense for any subdivider, agent, or affiliate of either, in
connection with the offer or disposition in this state of any
subdivided land, directly or indirectly, to:

1. Employ any device, scheme or artifice to defraud;

2. Make any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not
misleading; or

3. Engage in any act, practice or course of business which
operates or would operate as a fraud or deceit upon any person.

SECTION 755. AMENDATORY 71 O.S. 2021, Section 653, is
amended to read as follows:

Section 653. A. It is unlawful and deemed a Class D3 felony
offense for any person, in connection with the offer or disposition
of subdivided land, to publish, circulate or use any advertising
concerning the subdivided land which contains:

1. Any untrue statement, omission or pictorial representation
of a material fact which under the circumstances makes the
statement, omission or pictorial representation misleading; or

2. Any statement which differs materially from the information
contained in a registration application or public offering
statement.
ENR. H. B. NO. 2104 Page 706

B. All advertising except advertising relating to subdivided
land or transactions exempt pursuant to Sections 622 and 623 shall
be filed with the Administrator not later than ten (10) days prior
to its use and shall not be used until a copy thereof has been
approved for use by the Administrator, except advertising which the
Administrator exempts by rule or order. Any advertising filed with
the Administrator pursuant to this section shall be accompanied by
the filing fee specified in Section 652 of this title.

SECTION 756. AMENDATORY 71 O.S. 2021, Section 654, is
amended to read as follows:

Section 654. It is unlawful and shall be deemed a Class D3
felony offense for any person to make or cause to be made, in any
document filed under this Code or in any proceeding under this Code,
any false or misleading statement in any material respect or, in
connection with such statement, to omit to state a material fact
necessary in order to make the statements made, in light of the
circumstances under which they are made, not misleading.

SECTION 757. AMENDATORY 71 O.S. 2021, Section 658, is
amended to read as follows:

Section 658. A. Any person who willfully violates any
provision of this Code except Section 654 of this title, or any rule
under this Code, or any order of which the person has notice, or who
violates Section 654 of this title, knowing or having reasonable
cause to believe that the statement made was false or misleading in
any material respect, shall be guilty of a Class D3 felony offense
and may be fined not more than Twenty-five Thousand Dollars
($25,000.00), or imprisoned not more than three (3) years as
provided for in subsections B through F of Section 20P of Title 21
of the Oklahoma Statutes, or both.

B. The Administrator may refer such evidence as is available
concerning violations of this Code or any rule or order hereunder to
the Attorney General or the district attorney of the appropriate
district, who may, with or without any reference, institute the
appropriate criminal proceedings. The Attorney General or district
attorney may designate and appoint one or more lawyers of the
Department of Securities as special assistants as available for the
purpose of assisting in or conducting all criminal prosecutions
arising by reason of proceedings under this section.

ENR. H. B. NO. 2104 Page 707
C. Nothing in this Code limits the power of the state to punish
any person for any conduct which constitutes a crime under any other
statute.

SECTION 758. AMENDATORY 72 O.S. 2021, Section 6-1, is
amended to read as follows:

Section 6-1. A. Any person who knowingly with intent to
impersonate and with intent to deceive, misrepresents himself or
herself as a member or veteran of the United States Armed Forces by
wearing any decoration or medal authorized by the Congress of the
United States for the Armed Forces of the United States, or any of
the service medals or badges awarded to the members of such forces,
or the ribbon, button, or rosette of any such badge, decoration or
medal, or any colorable imitation thereof, except when authorized
under regulations as authorized by the applicable federal law, shall
be guilty of a misdemeanor and shall be fined One Thousand Dollars
($1,000.00) or be imprisoned in the county jail for a period of not
more than six (6) months or both.

B. If a decoration or medal involved in an offense under
subsection A of this section is a Congressional Medal of Honor, the
offender shall upon conviction be guilty of a Class D3 felony
offense and fined an amount not to exceed Five Thousand Dollars
($5,000.00), or be imprisoned in the county jail for a period of not
more than one (1) year as provided for in subsections B through F of
Section 20P of Title 21 of the Oklahoma Statutes, or both.

C. If a person presents any falsified or altered document as
proof of service or authorization for decoration or medal, such
person shall be guilty of a Class D3 felony offense and fined an
amount not to exceed Five Thousand Dollars ($5,000.00), or be
imprisoned in the county jail for a period of not more than one (1)
year as provided for in subsections B through F of Section 20P of
Title 21 of the Oklahoma Statutes.

SECTION 759. AMENDATORY 74 O.S. 2021, Section 217, is
amended to read as follows:

Section 217. If by reason of sickness, absence or other cause,
the State Auditor and Inspector is temporarily unable to perform the
duties of the office, the Deputy State Auditor and Inspector shall
perform the duties of the office of State Auditor and Inspector
until such disability ceases, whenever the same will not be
inconsistent with the Constitution.
ENR. H. B. NO. 2104 Page 708

The State Auditor and Inspector shall be reimbursed actual and
necessary travel expenses when traveling on official state business
as provided by the State Travel Reimbursement Act.

If the State Auditor and Inspector, or any deputy, or employee,
shall at any time, directly or indirectly, receive compensation for
service, or neglect of service, other than that provided for in this
article, such person shall be guilty of a Class D3 felony offense
and shall be punished by imprisonment as provided for in subsections
B through F of Section 20P of Title 21 of the Oklahoma Statutes.
The making of a false report knowingly by the State Auditor and
Inspector, or any assistant or deputy, authorized by this article,
of the financial condition of any office or institution required or
authorized to be examined by this article shall, upon conviction, be
a Class D3 felony, and any offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20P of Title 21 of the Oklahoma Statutes. Any failure to perform
the duties required of them to be performed by this article shall
constitute a misdemeanor.

SECTION 760. AMENDATORY 82 O.S. 2021, Section 674, is
amended to read as follows:

Section 674. The making of profit, directly or indirectly, by
any officer of any district organized under this act, or by any
public officer within the state, out of any contracts entered into
by the district, or by use of any contracts entered into by the
district, or by use of any money belonging to a district by lending
it or otherwise using it, or by depositing the same in any manner,
contrary to law, or by removal of any money by any such officer or
by his consent and placing elsewhere than is prescribed either by
law or by the official acts of the board of directors for the
purpose of profit, or any person who shall misrepresent any material
fact concerning the proposed project to any property owner when
procuring signatures to a petition to inaugurate such project, shall
constitute a Class D3 felony offense, and on conviction thereof
shall subject such officer to imprisonment in the State Penitentiary
for a term not exceeding two (2) years as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or a fine not exceeding Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment, and the officer offending shall
be liable personally and upon his official bond for all losses to
such district and for all profits realized by such unlawful use of
monies.
ENR. H. B. NO. 2104 Page 709

SECTION 761. AMENDATORY 85A O.S. 2021, Section 38, is
amended to read as follows:

Section 38. A. An employer shall secure compensation to
employees under this act in one of the following ways:

1. By insuring and keeping insured the payment of compensation
with any stock corporation, mutual association, or other concerns
authorized to transact the business of workers' compensation
insurance in this state. When an insurer issues a policy to provide
workers' compensation benefits under the provisions of this act, it
shall file a notice with the Workers' Compensation Commission
containing the name, address, and principal occupation of the
employer, the number, effective date, and expiration date of the
policy, and such other information as may be required by the
Commission. The notice shall be filed by the insurer within thirty
(30) days after the effective date of the policy. Any insurer who
does not file the notice required by this paragraph shall be subject
to a fine by the Commission of not more than One Thousand Dollars
($1,000.00);

2. By obtaining and keeping in force guaranty insurance with
any company authorized to do guaranty business in this state. Each
company that issues workers' compensation guaranty insurance shall
file a copy of the contract with the Commission within thirty (30)
days after the effective date of the contract. Any company that
does not file a copy of the contract as required by this paragraph
shall be subject to a fine by the Commission of not more than One
Thousand Dollars ($1,000.00);

3. By furnishing satisfactory proof to the Commission of the
employer's financial ability to pay the compensation. The
Commission, under rules adopted by the Commission, shall require any
employer that has:

a. less than one hundred employees or less than One
Million Dollars ($1,000,000.00) in net assets to:

(1) deposit with the Commission securities, an
irrevocable letter of credit or a surety bond
payable to the state, in an amount determined by
the Commission which shall be at least an average
of the yearly claims for the last three (3)
years, or
ENR. H. B. NO. 2104 Page 710

(2) provide proof of excess coverage with such terms
and conditions as is commensurate with their
ability to pay the benefits required by the
provisions of this act, and

b. one hundred or more employees and One Million Dollars
($1,000,000.00) or more in net assets to:

(1) secure a surety bond payable to the state, or an
irrevocable letter of credit, in an amount
determined by the Commission which shall be at
least an average of the yearly claims for the
last three (3) years, or

(2) provide proof of excess coverage with terms and
conditions that are commensurate with their
ability to pay the benefits required by the
provisions of this act;

4. By forming a group self-insurance association consisting of
two or more employers which shall have a common interest and which
shall have entered into an agreement to pool their liabilities under
the Administrative Workers' Compensation Act. Such agreement shall
be subject to rules of the Commission. Any employer, upon
application to become a member of a group self-insurance
association, shall file with the Commission a notice, in such form
as prescribed by the Commission, acknowledging that the employer
accepts joint and several liability. Upon approval by the
Commission of such application for membership, said member shall be
a qualified self-insured employer; or

5. By any other security as may be approved by the Commission
and the Insurance Department.

B. The Commission may waive the requirements of this section in
an amount which is commensurate with the ability of the employer to
pay the benefits required by the provisions of this act.
Irrevocable letters of credit required by this subsection shall
contain such terms as may be prescribed by the Commission and shall
be issued for the benefit of the state by a financial institution
whose deposits are insured by the Federal Deposit Insurance
Corporation.

ENR. H. B. NO. 2104 Page 711
C. An employer who does not fulfill the requirements of this
section is not relieved of the obligation to pay compensation under
this act. The security required under this section, including any
interest, shall be maintained by the Commission as provided in this
act until each claim for benefits is paid, settled, or lapses under
this act, and costs of administration of such claims are paid.

D. Failure on the part of any employer to secure the payment of
compensation provided in this act shall have the effect of enabling
the Commission to assert the rights of an injured employee against
the employer.

E. Any employer that knowingly provides false information to
the Commission for purposes of securing or maintaining a self-
insurance permit shall be guilty of a Class D3 felony offense and
subject to a maximum fine of Ten Thousand Dollars ($10,000.00).

SECTION 762. This act shall become effective January 1, 2026.

ENR. H. B. NO. 2104 Page 712
Passed the House of Representatives the 22nd day of May, 2025.

Presiding Officer of the House
of Representatives

Passed the Senate the 28th day of May, 2025.

Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________
Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________