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An Act
ENROLLED HOUSE
BILL NO. 3581 By: Lepak, Woolley, and Adams
of the House
and
Gollihare of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1312, as amended by Section 10,
Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
1312), which relates to punishment for riot; creating
certain felony offenses; providing for penalties;
amending 51 O.S. 2021, Section 155, as amended by
Section 21, Chapter 228, O.S.L. 2022 (51 O.S. Supp.
2025, Section 155), which relates to exemptions from
liability; modifying exemption; updating statutory
reference; updating statutory language; and providing
an effective date.
SUBJECT: Crimes and punishments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1312, as
amended by Section 10, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
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
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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;
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. If such person commits any assault and battery in the course
of a riot, such person shall, upon conviction, be guilty of a Class
D2 felony offense punishable by imprisonment in the custody of the
Department of Corrections for a term not exceeding two (2) years;
6. If such person commits any aggravated assault and battery in
the course of a riot, 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
ten (10) years;
7. If such person willfully damaged, destroyed, vandalized, or
defaced any structure, building, or office space in the course of a
riot, such person 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 exceeding two (2) years if
the damage was less than One Thousand Dollars ($1,000.00) or shall
be guilty of a Class D1 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term not
exceeding four (4) years if the damage was more than One Thousand
Dollars ($1,000.00);
8. Every person who wears a mask, hood, covering, or disguise
without lawful excuse and for the purpose of concealing his or her
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identity in the course of a riot and commits any felony therein
shall, upon conviction, be guilty of a Class D3 felony offense
punishable by imprisonment in the custody of the Department of
Corrections as provided for in subsections B through F of Section
20P of this title, or by both such fine and imprisonment; or
9. Every person who shall unlawfully obstruct the normal use of
any public street, highway or road within this state by actively
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
Class D3 felony offense punishable by imprisonment in the county
jail custody of the Department of Corrections for a term 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 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 2. AMENDATORY 51 O.S. 2021, Section 155, as
amended by Section 21, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2025,
Section 155), is amended to read as follows:
Section 155. The state or a political subdivision shall not be
liable if a loss or claim results from:
1. Legislative functions;
2. Judicial, quasi-judicial, or prosecutorial functions, other
than claims for wrongful criminal felony conviction resulting in
imprisonment provided for in Section 154 of this title;
3. Execution or enforcement of the lawful orders of any court;
4. Adoption or enforcement of or failure to adopt or enforce a
law, whether valid or invalid, including, but not limited to, any
statute, charter provision, ordinance, resolution, rule, regulation
or written policy;
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5. Performance of or the failure to exercise or perform any act
or service which is in the discretion of the state or political
subdivision or its employees;
6. Civil disobedience, riot, insurrection or rebellion or the
failure to provide, or the method of providing, police, law
enforcement or fire protection, unless the loss or claim results
from instances where the state or political subdivision was aware of
the dangerous condition and makes an affirmative decision or
establishes a policy to allow for civil disobedience, riot,
insurrection, or rebellion;
7. Any claim based on the theory of attractive nuisance;
8. Snow or ice conditions or temporary or natural conditions on
any public way or other public place due to weather conditions,
unless the condition is affirmatively caused by the negligent act of
the state or a political subdivision;
9. Entry upon any property where that entry is expressly or
implied authorized by law;
10. Natural conditions of property of the state or political
subdivision;
11. Assessment or collection of taxes or special assessments,
license or registration fees, or other fees or charges imposed by
law;
12. Licensing powers or functions including, but not limited
to, the issuance, denial, suspension or revocation of or failure or
refusal to issue, deny, suspend or revoke any permit, license,
certificate, approval, order or similar authority;
13. Inspection powers or functions, including failure to make
an inspection, review or approval, or making an inadequate or
negligent inspection, review or approval of any property, real or
personal, to determine whether the property complies with or
violates any law or contains a hazard to health or safety, or fails
to conform to a recognized standard;
14. Any loss to any person covered by any workers' compensation
act or any employer's liability act;
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15. Absence, condition, location or malfunction of any traffic
or road sign, signal or warning device unless the absence,
condition, location or malfunction is not corrected by the state or
political subdivision responsible within a reasonable time after
actual or constructive notice or the removal or destruction of such
signs, signals or warning devices by third parties, action of
weather elements or as a result of traffic collision except on
failure of the state or political subdivision to correct the same
within a reasonable time after actual or constructive notice.
Nothing herein shall give rise to liability arising from the failure
of the state or any political subdivision to initially place any of
the above signs, signals or warning devices. The signs, signals and
warning devices referred to herein are those used in connection with
hazards normally connected with the use of roadways or public ways
and do not apply to the duty to warn of special defects such as
excavations or roadway obstructions;
16. Any claim which is limited or barred by any other law;
17. Misrepresentation, if unintentional;
18. An act or omission of an independent contractor or
consultant or his or her employees, agents, subcontractors or
suppliers or of a person other than an employee of the state or
political subdivision at the time the act or omission occurred;
19. Theft by a third person of money in the custody of an
employee unless the loss was sustained because of the negligence or
wrongful act or omission of the employee;
20. Participation in or practice for any interscholastic or
other athletic contest sponsored or conducted by or on the property
of the state or a political subdivision;
21. Participation in any activity approved by a local board of
education and held within a building or on the grounds of the school
district served by that local board of education before or after
normal school hours or on weekends;
22. Use of indoor or outdoor school property and facilities
made available for public recreation before or after normal school
hours or on weekends or school vacations, except those claims
resulting from willful and wanton acts of negligence. For purposes
of this paragraph:
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a. "public" includes, but is not limited to, students
during nonschool hours and school staff when not
working as employees of the school, and
b. "recreation" means any indoor or outdoor physical
activity, either organized or unorganized, undertaken
for exercise, relaxation, diversion, sport or
pleasure, and that is not otherwise covered by
paragraph 20 or 21 of this section;
23. Any court-ordered, Department of Corrections or county
approved work release program; provided, however, this provision
shall not apply to claims from individuals not in the custody of the
Department of Corrections based on accidents involving motor
vehicles owned or operated by the Department of Corrections;
24. The activities of the state military forces when on state
active duty orders or on Title 32 active duty orders;
25. Provision, equipping, operation or maintenance of any
prison, jail or correctional facility, or injuries resulting from
the parole or escape of a prisoner or injuries by a prisoner to any
other prisoner; provided, however, this provision shall not apply to
claims from individuals not in the custody of the Department of
Corrections based on accidents involving motor vehicles owned or
operated by the Department of Corrections;
26. Provision, equipping, operation or maintenance of any
juvenile detention facility, or injuries resulting from the escape
of a juvenile detainee, or injuries by a juvenile detainee to any
other juvenile detainee;
27. Any claim or action based on the theory of manufacturer's
products liability or breach of warranty, either expressed or
implied;
28. Any claim or action based on the theory of indemnification
or subrogation; provided, however, a political subdivision as
defined in subparagraph s of paragraph 11 12 of Section 152 of this
title may enter into a contract with a contract operator or any
railroad operating in interstate commerce that sells a property
interest or provides services to a regional transportation
authority, or allows the regional transportation authority to use
the railroad's property or tracks for the provision of public
passenger rail service, providing for the allocation of financial
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responsibility, indemnification, or the procurement of insurance for
the parties for all types of claims or damages, provided that funds
have been appropriated to cover the resulting contractual obligation
at the time the contract is executed. The acquisition of commercial
liability insurance to cover the activities of the regional
transportation authority, contract operator or railroad shall not
operate as a waiver of any of the liabilities, immunities or
defenses provided for political subdivisions pursuant to the
provisions of The Governmental Tort Claims Act. A contract entered
into under this paragraph shall not affect rights of employees under
the Federal Employers Liability Act or the Federal Railway Labor
Act;
29. Any claim based upon an act or omission of an employee in
the placement of children;
30. Acts or omissions done in conformance with then current
recognized standards;
31. Maintenance of the state highway system or any portion
thereof unless the claimant presents evidence which establishes
either that the state failed to warn of the unsafe condition or that
the loss would not have occurred but for a negligent affirmative act
of the state;
32. Any confirmation of the existence or nonexistence of any
effective financing statement on file in the office Office of the
Secretary of State made in good faith by an employee of the office
Office of the Secretary of State as required by the provisions of
Section 1-9-320.6 of Title 12A of the Oklahoma Statutes;
33. Any court-ordered community sentence;
34. Remedial action and any subsequent related maintenance of
property pursuant to and in compliance with an authorized
environmental remediation program, order, or requirement of a
federal or state environmental agency;
35. The use of necessary and reasonable force by a school
district employee to control and discipline a student during the
time the student is in attendance or in transit to and from the
school, or any other function authorized by the school district;
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36. Actions taken in good faith by a school district employee
for the out-of-school suspension of a student pursuant to applicable
Oklahoma Statutes; or
37. Use of a public facility opened to the general public
during an emergency.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 27th day of April, 2026.
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: _________________________________