Felony offenses; modifying application of certain deferred judgement procedure. Effective date.

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SENATE FLOOR VERSION
March 3, 2026

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1245 By: Hines

An Act relating to felony offenses; amending Section
13, Chapter 366, O.S.L. 2024, as amended by Section
6, Chapter 187, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 20M), which relates to Class C2 offenses;
modifying provisions of certain felony offense;
conforming statutory references; amending 22 O.S.
2021, Section 991c, as amended by Section 3, Chapter
305, O.S.L. 2025 (22 O.S. Supp. 2025, Section 991c),
which relates to deferred sentences; modifying
application of certain deferred judgment procedure;
amending 47 O.S. 2021, Section 11-902, as amended by
Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp.
2025, Section 11-902), which relates to driving under
the influence; modifying provisions of certain felony
offenses; conforming language; updating statutory
language and references; repealing 47 O.S. 2021,
Section 11-902, as amended by Section 3, Chapter 172,
O.S.L. 2025 (47 O.S. Supp. 2025, Section 11-902),
which relates to driving under the influence;
repealing 47 O.S. 2021, Section 11-902, as amended by
Section 6, Chapter 305, O.S.L. 2025 (47 O.S. Supp.
2025, Section 11-902), which relates to driving under
the influence; repealing 47 O.S. 2021, Section 11-
902, as amended by Section 33, Chapter 486, O.S.L.
2025 (47 O.S. Supp. 2025, Section 11-902), which
relates to driving under the influence; and providing
an effective date.

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

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SECTION 1. AMENDATORY Section 13, Chapter 366, O.S.L.
2024, as amended by Section 6, Chapter 187, O.S.L. 2025 (21 O.S.
Supp. 2025, Section 20M), is amended to read as follows:
Section 20M. A. Upon the effective date of this act On or
after January 1, 2026, Class C2 shall include the following criminal
offenses:
1. Theft of anhydrous equipment, as provided for in subsection
B of Section 11-10 of Title 2 of the Oklahoma Statutes;
2. Branding, misbranding, marking, or mismarking any domestic
animal with intent to defraud, as provided for in Section 268 of
Title 4 of the Oklahoma Statutes;
3. Injuring, destroying, or attempting to injure or destroy any
pipeline transportation system, as provided for in subsection C of
Section 6.1 of Title 17 of the Oklahoma Statutes;
4. Embezzlement by a county treasurer or other officer, as
provided for in Section 641 of Title 19 of the Oklahoma Statutes;
5. Giving or offering any bribe to an executive officer, as
provided for in Section 265 of Title 21 of the Oklahoma Statutes
this title;
6. Receiving or agreeing to receive a bribe by an executive
officer or person elected or appointed to an executive office, as
provided for in Section 266 of Title 21 of the Oklahoma Statutes
this title;

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7. Entry into a restricted area of a building or grounds using
or carrying a deadly or dangerous weapon or firearm or engaging in
acts of violence that result in great bodily injury, as provided for
in paragraph 1 of subsection B of Section 282 of Title 21 of the
Oklahoma Statutes this title;
8. Forcefully or fraudulently preventing the Legislature from
meeting or organizing, as provided for in Section 301 of Title 21 of
the Oklahoma Statutes this title;
9. Forcefully or fraudulently compelling or attempting to
compel the Legislature to adjourn or disperse, as provided for in
Section 303 of Title 21 of the Oklahoma Statutes this title;
10. Compelling or attempting to compel either house of the
Legislature to pass, amend, or reject any bill or resolution, grant
or refuse any petition, or to perform or omit to perform any other
official act, as provided for in Section 305 of Title 21 of the
Oklahoma Statutes this title;
11. Offering to give a bribe to any member of the Legislature
in order to influence the member in giving or withholding a vote, as
provided for in Section 308 of Title 21 of the Oklahoma Statutes
this title;
12. Asking, receiving, or agreeing to receive any bribe by a
member of the Legislature, as provided for in Section 309 of Title
21 of the Oklahoma Statutes this title;

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13. Entering a fort, magazine, arsenal, armory, arsenal yard,
or encampment and seizing or taking away arms, ammunition, military
stores, or supplies belonging to the state, as provided for in
Section 350 of Title 21 of the Oklahoma Statutes this title;
14. Carrying, causing to be carried, or publicly displaying any
red flag or other emblem or banner indicating disloyalty to the
Government government of the United States, as provided for in
Section 374 of Title 21 of the Oklahoma Statutes this title;
15. Bribery by a fiduciary, as provided for in subsection A of
Section 380 of Title 21 of the Oklahoma Statutes this title;
16. Bribery of a fiduciary, as provided for in subsection B of
Section 380 of Title 21 of the Oklahoma Statutes this title;
17. Commercial bribery of an insured depository institution or
credit union, as provided in Section 380.1 of Title 21 of the
Oklahoma Statutes this title;
18. Accepting or requesting a bribe by public officers or
employees of this state, as provided for in Section 382 of Title 21
of the Oklahoma Statutes this title;
19. Offering or giving a bribe to any judicial officer, as
provided for in Section 383 of Title 21 of the Oklahoma Statutes
this title;
20. Attempting to influence a juror, as provided for in Section
388 of Title 21 of the Oklahoma Statutes this title;

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21. Conspiracy to commit a felony, as provided for in
subsection C of Section 421 of Title 21 of the Oklahoma Statutes
this title;
22. Conspiring to commit any act against the peace of the state
by two or more persons outside of the state, as provided for in
Section 422 of Title 21 of the Oklahoma Statutes this title;
23. Conspiring to commit any act against the state by two or
more persons, as provided for in Section 424 of Title 21 of the
Oklahoma Statutes this title;
24. Attempting to avoid a roadblock by failing to stop, passing
by or through such roadblock without permission, as provided for in
Section 540B of Title 21 of the Oklahoma Statutes this title;
25. Fraudulently producing an infant in order to intercept the
inheritance or distribution of any personal estate or real estate,
as provided for in Section 578 of Title 21 of the Oklahoma Statutes
this title;
26. Maiming by inflicting upon one’s self oneself any disabling
injury to escape any legal duty, as provided for in Section 752 of
Title 21 of the Oklahoma Statutes this title;
27. Financial exploitation of an elderly or disabled adult with
funds, assets, or property valued at One Hundred Thousand Dollars
($100,000.00) or less, as provided for in paragraph 2 of subsection
B of Section 843.4 of Title 21 of the Oklahoma Statutes this title;

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28. Conducting gambling games, as provided for in Section 941
of Title 21 of the Oklahoma Statutes this title;
29. Using a house, room, or place to conduct gambling games, as
provided for in Section 946 of Title 21 of the Oklahoma Statutes
this title;
30. Engaging or participating in illegal gambling games by a
public officer, as provided for in Section 948 of Title 21 of the
Oklahoma Statutes this title;
31. Commercial gambling, as provided for in Section 982 of
Title 21 of the Oklahoma Statutes this title;
32. Letting premises for the purpose of betting on races or
receiving, registering, recording, or forwarding any money or thing
of value to a racetrack for betting purposes, as provided for in
paragraphs 2 through 6 of subsection A of Section 991 of Title 21 of
the Oklahoma Statutes this title;
33. Using the terms term “prize” or “gift” in a manner that is
untrue or misleading, as provided for in Section 996.3 of Title 21
of the Oklahoma Statutes this title;
34. Advocating criminal syndicalism, sabotage, or the
necessity, propriety, or expediency of doing any act of physical
violence or unlawful act as a means of accomplishing any industrial
or political ends, change, or revolution, as provided for in
subsection A of Section 1327 of Title 21 of the Oklahoma Statutes
this title;

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35. Arson in the fourth degree by attempting to set fire to or
burn any building or property, as provided for in subsection A of
Section 1404 of Title 21 of the Oklahoma Statutes this title;
36. Delivering to another any merchandise for which any bill of
lading, receipt, or voucher has been issued and the value of the
property is Fifteen Thousand Dollars ($15,000.00) or more, as
provided for in paragraph 4 of Section 1416 of Title 21 of the
Oklahoma Statutes this title;
37. Burglary in the second degree by breaking and entering into
any commercial building or by breaking and entering into a coin-
operated or vending machine, as provided for in subsection A of
Section 1435 of Title 21 of the Oklahoma Statutes this title;
38. Embezzlement of property valued at Fifteen Thousand Dollars
($15,000.00) or more, as provided for in paragraph 4 of subsection B
of Section 1451 of Title 21 of the Oklahoma Statutes this title;
39. Embezzlement by a county or state officer, as provided for
in subsection C of Section 1451 of Title 21 of the Oklahoma Statutes
this title;
40. False personation of another, as provided for in Section
1531 of Title 21 of the Oklahoma Statutes this title;
41. Receiving money or property intended for another with a
value of Fifteen Thousand Dollars ($15,000.00) or more, as provided
for in paragraph 4 of Section 1532 of Title 21 of the Oklahoma
Statutes this title;

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42. Use of a motor vehicle or motor-driven cycle for the
purpose of falsely impersonating a law enforcement officer which
causes another person to be injured, defrauded, harassed, vexed, or
annoyed, as provided for in paragraph 2 of subsection F of Section
1533 of Title 21 of the Oklahoma Statutes this title;
43. Obtaining, attempting to obtain, or presenting to a
financial institution personal, financial, or other information of
another person, as provided for in Section 1533.2 of Title 21 of the
Oklahoma Statutes this title;
44. Obtaining property by trick, deception, or by means of a
false or bogus check and the property value is Fifteen Thousand
Dollars ($15,000.00) or more, as provided for in paragraph 3 of
subsection A of Section 1541.2 of Title 21 of the Oklahoma Statutes
this title;
45. Making, drawing, uttering, or delivering two or more false
or bogus checks and the value is Fifteen Thousand Dollars
($15,000.00) or more, as provided for in paragraph 3 of subsection A
of Section 1541.3 of Title 21 of the Oklahoma Statutes this title;
46. Selling, exchanging, or delivering any forged or
counterfeited promissory note, check, bill, draft, or other evidence
of debt knowing the same is forged or counterfeited and the value of
the instrument is Fifteen Thousand Dollars ($15,000.00) or more, as
provided for in paragraph 4 of subsection A of Section 1577 of Title
21 of the Oklahoma Statutes this title;

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47. Possession of any forged, altered, or counterfeited
negotiable note, bill, draft, or other evidence of debt and the
value of the instrument is Fifteen Thousand Dollars ($15,000.00) or
more, as provided for in paragraph 4 of subsection A of Section 1578
of Title 21 of the Oklahoma Statutes this title;
48. Possession of any forged or counterfeited instrument with
intent to injure or defraud and the value of the instrument is
Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
paragraph 4 of subsection A of Section 1579 of Title 21 of the
Oklahoma Statutes this title;
49. Uttering or publishing as true any forged, altered, or
counterfeited instrument or counterfeit coins and the value of the
instrument is Fifteen Thousand Dollars ($15,000.00) or more, as
provided for in paragraph 4 of subsection A of Section 1592 of Title
21 of the Oklahoma Statutes this title;
50. Exhibiting false, forged, or altered books, papers,
vouchers, security, or other instruments of evidence to any public
officer or board with intent to deceive, as provided for in Section
1632 of Title 21 of the Oklahoma Statutes this title;
51. Destroying, altering, mutilating, or falsifying any books,
papers, writing, or securities belonging to a corporation or
association with intent to defraud, as provided for in Section 1635
of Title 21 of the Oklahoma Statutes this title;

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52. Larceny of lost property and the value of the property is
Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
paragraph 4 of Section 1702 of Title 21 of the Oklahoma Statutes
this title;
53. Grand larceny and the value of the property is Fifteen
Thousand Dollars ($15,000.00) or more, as provided for in paragraph
4 of subsection A of Section 1705 of Title 21 of the Oklahoma
Statutes this title;
54. Grand larceny in any dwelling house or vessel, as provided
for in Section 1707 of Title 21 of the Oklahoma Statutes this title;
55. Larceny of any evidence of debt or other written
instrument, as provided for in Section 1709 of Title 21 of the
Oklahoma Statutes this title;
56. Buying or receiving any property that has been stolen,
embezzled, or obtained by false pretense or robbery and has a value
of Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
paragraph 3 of subsection A of Section 1713 of Title 21 of the
Oklahoma Statutes this title;
57. Buying or receiving any construction equipment or farm
equipment that has been stolen, embezzled, or obtained by false
pretense or robbery, as provided for in Section 1713.1 of Title 21
of the Oklahoma Statutes this title;

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58. Bringing into this state the stolen property of another
obtained from another state or country, as provided for in Section
1715 of Title 21 of the Oklahoma Statutes this title;
59. Larceny of livestock or implement of husbandry, as provided
for in subsection A of Section 1716 of Title 21 of the Oklahoma
Statutes this title;
60. Larceny of a dog, as provided for in Section 1718 of Title
21 of the Oklahoma Statutes this title;
61. Grand larceny of exotic livestock, as provided for in
Section 1719.2 of Title 21 of the Oklahoma Statutes this title;
62. Larceny of an aircraft, automobile, construction equipment,
or farm equipment, valued at Fifty Thousand Dollars ($50,000.00) or
more, as provided for in Section 1720 of Title 21 of the Oklahoma
Statutes this title;
63. Tapping or drilling into a pipeline, as provided for in
Section 1721 of Title 21 of the Oklahoma Statutes this title;
64. Taking any crude oil or gasoline from any pipe, pipeline,
tank, tank car, or other receptacle or container and the value of
such product is One Thousand Dollars ($1,000.00) or more, as
provided for in paragraph 2 of Section 1722 of Title 21 of the
Oklahoma Statutes this title;
65. Larceny of merchandise from a retailer or wholesaler and
the value of the goods is Fifteen Thousand Dollars ($15,000.00) or

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more, as provided for in paragraph 5 of subsection A of Section 1731
of Title 21 of the Oklahoma Statutes this title;
66. Larceny of trade secrets that is valued at Fifteen Thousand
Dollars ($15,000.00) or more, as provided for in Section 1732 of
Title 21 of the Oklahoma Statutes this title;
67. Procuring, soliciting, selling, or receiving by fraudulent,
deceptive, or false means two to ten telephone records without
authorization, as provided for in paragraph 2 of subsection B of
Section 1742.2 of Title 21 of the Oklahoma Statutes this title;
68. Masking, altering, or removing any locomotive or railway
car lights or signals, as provided for in Section 1778 of Title 21
of the Oklahoma Statutes this title;
69. Mutilating, tearing, defacing, obliterating, or destroying
any written instrument, value of Fifteen Thousand Dollars
($15,000.00) or more, as provided for in Section 1779 of Title 21 of
the Oklahoma Statutes this title;
70. Violations of the Oklahoma Computer Crimes Act, as provided
for in paragraphs 1, 2, 3, 6, 7, 9, or 10 of subsection A of Section
1953 of Title 21 of the Oklahoma Statutes this title;
71. Contracting the sale of rights arising from a criminal act
without providing for the forfeiture of the proceeds, as provided
for in subsection A of Section 17 of Title 22 of the Oklahoma
Statutes;

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72. Violating any of the provisions of the Oklahoma Clean Air
Act knowing that the violation places others in danger of death or
serious bodily injury, as provided for in subsection B of Section 2-
5-116 of Title 27A of the Oklahoma Statutes;
73. Violating any of the provisions of the Oklahoma Pollutant
Discharge Elimination System Act knowing that the violation places
others in imminent danger of death or serious bodily injury, as
provided for in subparagraph a of paragraph 3 of subsection G of
Section 2-6-206 of Title 27A of the Oklahoma Statutes;
74. Soliciting or accepting any bribe or money by a game warden
in connection with the performance of his or her duties as a game
warden, as provided for in subsection E of Section 3-201 of Title 29
of the Oklahoma Statutes;
75. Taking or enticing away an incapacitated or partially
incapacitated person or person for whom a guardian has been
appointed without consent of the guardian, as provided for in
Section 4-904 of Title 30 of the Oklahoma Statutes;
76. Violating any of the provisions of the Viatical Settlements
Act of 2008 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), as provided for in
paragraph 2 of subsection F of Section 4055.14 of Title 36 of the
Oklahoma Statutes;

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77. Embezzlement of certain funds held in trust, value of
Fifteen Thousand Dollars ($15,000.00) or more, as provided for in
paragraph (2) subsection B of Section 153 of Title 42 of the
Oklahoma Statutes;
78. Providing any false statement of a material fact in an
application for a certificate of title, as provided for in Section
4-108 of Title 47 of the Oklahoma Statutes;
79. Altering or forging any certificate of title issued by the
Oklahoma Tax Commission, as provided for in Section 4-109 of Title
47 of the Oklahoma Statutes;
80. Perjury by making any false affidavit, as provided for in
Section 6-302 of Title 47 of the Oklahoma Statutes;
81. Creating, manufacturing, issuing, or selling security
verification forms, as provided for in subsection B of Section 7-612
of Title 47 of the Oklahoma Statutes;
82. 81. Committing a subsequent violation of driving under the
influence of alcohol or other intoxicating substance within ten (10)
years of being convicted of driving under the influence of alcohol
or other intoxicating substance, causing a personal injury accident
while driving under the influence of alcohol or other intoxicating
substance, or driving under the influence of alcohol or other
intoxicating substance while transporting a child, as provided for
in paragraph 2 of subsection C of Section 11-902 of Title 47 of the
Oklahoma Statutes;

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83. 82. Operating a vehicle without a valid driver license for
the class of vehicle being operated and causing an accident
resulting in great bodily injury to another person, as provided for
in subsection B of Section 11-905 of Title 47 of the Oklahoma
Statutes;
84. 83. Operating a crusher without a proper license and
receiving, obtaining, or possessing any vehicle or property known to
be stolen, as provided for in paragraph 2 of subsection B of Section
592.9 of Title 47 of the Oklahoma Statutes;
85. 84. Selling a vehicle or other property to a crusher using
false or altered identification or making a false declaration of
ownership or lien status, as provided for in paragraph 3 of
subsection B of Section 592.9 of Title 47 of the Oklahoma Statutes;
86. 85. Owning, operating, or conducting a chop shop,
transporting any motor vehicle or parts to or from a chop shop, or
selling, transferring, purchasing, or receiving any motor vehicle or
parts to or from a chop shop, as provided for in subsection A of
Section 1503 of Title 47 of the Oklahoma Statutes;
87. 86. Altering, counterfeiting, defacing, destroying,
disguising, falsifying, forging, obliterating, or knowingly removing
a vehicle identification number, as provided for in subsection B of
Section 1503 of Title 47 of the Oklahoma Statutes;

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88. 87. Perjury by a public officer or employee who states as
true any material matter knowing it to be false, as provided for in
Section 36.5 of Title 51 of the Oklahoma Statutes;
89. 88. Advocating by teaching, justifying, or becoming a
member of or affiliated with the Communist Party or with any other
party or organization that advocates for the revolution, sedition,
treason, or overthrow of the government of the United States or the
State of Oklahoma by a public officer or employee, as provided for
in Section 36.6 of Title 51 of the Oklahoma Statutes;
90. 89. Perjury by verifying under oath any report, map, or
drawing required to be filed with the Corporation Commission knowing
that such material is false, as provided for in Section 109 of Title
52 of the Oklahoma Statutes;
91. 90. Asking, receiving, or agreeing to receive any gift or
gratuity by any member of the Corporation Commission, as provided
for in Section 118 of Title 52 of the Oklahoma Statutes;
92. 91. Burglary in the first degree by a bail enforcer by
breaking into and entering the dwelling house of any defendant or
third party for purposes of recovery or attempted recovery of a
defendant, as provided for in subsection A of Section 1350.6 of
Title 59 of the Oklahoma Statutes;
93. 92. Distributing, dispensing, transporting, or possessing a
controlled dangerous substance or soliciting a person less than
eighteen (18) years of age to cultivate, distribute, or dispense a

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controlled dangerous substance, as provided for in paragraph 1 of
subsection A of Section 2-401 of Title 63 of the Oklahoma Statutes;
94. 93. Creating, distributing, transporting, or possessing a
counterfeit controlled dangerous substance, as provided for in
paragraph 2 of subsection A of Section 2-401 of Title 63 of the
Oklahoma Statutes;
95. 94. Manufacturing or distributing a controlled substance or
synthetic controlled substance, as provided for in paragraph 1 of
subsection C of Section 2-401 of Title 63 of the Oklahoma Statutes;
96. 95. Larceny, burglary, or theft of a controlled dangerous
substance, as provided for in subsection A of Section 2-403 of Title
63 of the Oklahoma Statutes;
97. 96. Obtaining or attempting to obtain any controlled
dangerous substance by fraud, deceit, misrepresentation, or
subterfuge, as provided for in paragraph 1 of subsection A of
Section 2-407 of Title 63 of the Oklahoma Statutes;
98. 97. Obtaining or attempting to obtain any controlled
dangerous substance by forgery of, alteration of, or changing any
information on a prescription or any written order, as provided for
in paragraph 2 of subsection A of Section 2-407 of Title 63 of the
Oklahoma Statutes;
99. 98. Obtaining or attempting to obtain any controlled
dangerous substance by the concealment of a material fact, as

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provided for in paragraph 3 of subsection A of Section 2-407 of
Title 63 of the Oklahoma Statutes;
100. 99. Obtaining or attempting to obtain any controlled
dangerous substance by the use of a false name or false address, as
provided for in paragraph 4 of subsection A of Section 2-407 of
Title 63 of the Oklahoma Statutes;
101. 100. Obtaining or attempting to obtain any controlled
dangerous substance by failing to disclose the receipt or
prescription of a controlled dangerous substance of the same or
similar therapeutic use from another practitioner, as provided for
in paragraph 5 of subsection A of Section 2-407 of Title 63 of the
Oklahoma Statutes;
102. 101. Manufacturing, creating, delivering, or possessing an
original prescription form or counterfeit prescription form, as
provided for in subsection B of Section 2-407 of Title 63 of the
Oklahoma Statutes;
103. 102. Receiving or acquiring proceeds known to be derived
from any violation of the Uniform Controlled Dangerous Substances
Act, as provided for in subsection A of Section 2-503.1 of Title 63
of the Oklahoma Statutes;
104. 103. Knowingly or intentionally giving, selling,
transferring, trading, investing, concealing, transporting, or
maintaining an interest in anything of value which is intended to be
used for committing a violation of the Uniform Controlled Dangerous

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Substances Act, as provided for in subsection B of Section 2-503.1
of Title 63 of the Oklahoma Statutes;
105. 104. Directing, planning, organizing, initiating,
financing, managing, supervising, or facilitating the transportation
or transfer of proceeds known to be derived from a violation of the
Uniform Controlled Dangerous Substances Act, as provided for in
subsection C of Section 2-503.1 of Title 63 of the Oklahoma
Statutes;
106. 105. Conducting a financial transaction involving proceeds
derived from a violation of the Uniform Controlled Dangerous
Substances Act for the purpose of concealing or disguising the
nature, location, source, ownership, or control of the proceeds
known to be derived from a violation of the Uniform Controlled
Dangerous Substances Act, as provided for in subsection D of Section
2-503.1 of Title 63 of the Oklahoma Statutes;
107. 106. Encouraging, facilitating, or allowing access to any
money transmitter equipment for unlawful purposes, as provided for
in subsection B of Section 2-503.1d of Title 63 of the Oklahoma
Statutes;
108. 107. Using a money services business or electronic funds
transfer network to facilitate any violation of the Uniform
Controlled Dangerous Substances Act, as provided for in Section 2-
503.1e of Title 63 of the Oklahoma Statutes;

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109. 108. Structuring, assisting, or attempting to structure
any unlawful transaction with one or more financial or nonfinancial
trades or businesses, as provided for in Section 2-503.1g of Title
63 of the Oklahoma Statutes;
109. Using explosive agent to kill, injure, or intimidate or to
damage property, as provided for in subsection B of Section 124.8 of
Title 63 of the Oklahoma Statutes;
110. Altering, counterfeiting, defacing, destroying,
disguising, falsifying, forging, obliterating, or removing a hull
identification number of a vessel or motor, as provided for in
subsection B of Section 4253 of Title 63 of the Oklahoma Statutes;
111. Commit or attempt Committing or attempting to commit
certain violations of the Vessel and Motor Chop Shop, Stolen and
Altered Property Act, as provided for in subsection D of Section
4253 of Title 63 of the Oklahoma Statutes;
112. Giving a false or bogus check in payment or remittance of
taxes, fees, penalties, or interest levied pursuant to any state tax
laws and the value of the false or bogus check is Five Hundred
Dollars ($500.00) or more, as provided for in Section 218.1 of Title
68 of the Oklahoma Statutes;
113. Perjury by providing false answers to any questions from
the Oklahoma Tax Commission or making or presenting any false
affidavit to be filed with the Oklahoma Tax Commission, as provided
for in Section 244 of Title 68 of the Oklahoma Statutes;

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114. Perjury by verifying by oath, affirmation, or declaration,
any false report or false return that is to be filed with the
Oklahoma Tax Commission, as provided for in Section 246 of Title 68
of the Oklahoma Statutes;
115. Making or manufacturing any tax stamp or falsely or
fraudulently forging, counterfeiting, reproducing, or possessing any
tax stamp, as provided for in subsection (a) A of Section 317 of
Title 68 of the Oklahoma Statutes;
116. Offering or selling unregistered securities, as provided
for in Section 1-301 of Title 71 of the Oklahoma Statutes;
117. Issuing investment certificates when insolvent by an
investment certificate issuer, as provided for in paragraph 1 of
subsection K of Section 1-308 of Title 71 of the Oklahoma Statutes;
118. Transacting business as a broker-dealer without being
registered as a broker-dealer, as provided for in subsection A of
Section 1-401 of Title 71 of the Oklahoma Statutes;
119. Employing or associating with an individual for security
transaction purposes when the registration of the individual is
suspended or revoked or the individual is barred from employment or
association with a broker-dealer, as provided for in subsection C of
Section 1-401 of Title 71 of the Oklahoma Statutes;
120. Transacting business as an agent without being registered
as an agent, as provided for in subsection A of Section 1-402 of
Title 71 of the Oklahoma Statutes;

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121. Employing or associating with an agent who transacts
business on behalf of broker-dealers when the agent is not
registered, as provided for in subsection D of Section 1-402 of
Title 71 of the Oklahoma Statutes;
122. Conducting business on behalf of a broker-dealer when the
registration of the agent is suspended or revoked or the individual
is barred from employment or association with a broker-dealer, as
provided for in subsection F of Section 1-402 of Title 71 of the
Oklahoma Statutes;
123. Transacting business as an investment adviser without
being registered as an investment adviser, as provided for in
subsection A of Section 1-403 of Title 71 of the Oklahoma Statutes;
124. Employing or associating with an individual to engage in
providing investment advice when the registration of the individual
is suspended or revoked or the individual is barred from employment
or association with an investment adviser, as provided for in
subsection C of Section 1-403 of Title 71 of the Oklahoma Statutes;
125. Employing or associating with an individual required to be
registered as an investment adviser representative who is not
registered as an investment adviser representative, as provided for
in subsection D of Section 1-403 of Title 71 of the Oklahoma
Statutes;
126. Transacting business as an investment adviser
representative without being registered as an investment adviser

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representative, as provided for in subsection A of Section 1-404 of
Title 71 of the Oklahoma Statutes;
127. Conducting business on behalf of an investment adviser or
federal-covered federal covered investment adviser when the
registration of the investment adviser representative is suspended
or revoked or the individual is barred from employment or
association with an investment adviser or federal-covered federal
covered investment adviser, as provided for in subsection E of
Section 1-404 of Title 71 of the Oklahoma Statutes;
128. Employing a device, scheme, or artifice to defraud another
when offering, selling, or purchasing a security, as provided for in
paragraph 1 of Section 1-501 of Title 71 of the Oklahoma Statutes;
129. Making an untrue statement of a material fact or omitting
a material fact when offering, selling, or purchasing a security, as
provided for in paragraph 2 of Section 1-501 of Title 71 of the
Oklahoma Statutes;
130. Engaging in an act, practice, or course of business that
operates as a fraud or deceit upon another person when offering,
selling, or purchasing a security, as provided for in paragraph 3 of
Section 1-501 of Title 71 of the Oklahoma Statutes;
131. Employing a device, scheme, or artifice to defraud another
when advising others for compensation as to the value of securities,
as provided for in paragraph 1 of subsection A of Section 1-502 of
Title 71 of the Oklahoma Statutes;

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132. Making an untrue statement of a material fact or omitting
a material fact when advising others for compensation as to the
value of securities, as provided for in paragraph 2 of subsection A
of Section 1-502 of Title 71 of the Oklahoma Statutes;
133. Engaging in an act, practice, or course of business that
operates as a fraud or deceit upon another person when advising
others for compensation as to the value of securities, as provided
for in paragraph 3 of subsection A of Section 1-502 of Title 71 of
the Oklahoma Statutes;
134. Making false or misleading statements in a record, as
provided for in Section 1-505 of Title 71 of the Oklahoma Statutes;
135. Making or causing to be made to a purchaser, customer,
client, or prospective customer or client, an inconsistent
representation, as provided for in Section 1-506 of Title 71 of the
Oklahoma Statutes;
136. Willfully violating certain provisions of the Oklahoma
Uniform Securities Act of 2004, as provided for in subsection A of
Section 1-508 of Title 71 of the Oklahoma Statutes;
137. Offering or selling any business opportunity without being
registered under the Oklahoma Business Opportunity Sales Act, as
provided for in Section 806 of Title 71 of the Oklahoma Statutes;
138. Offering or selling any business opportunity without a
written disclosure being filed, as provided for in subsection A of
Section 808 of Title 71 of the Oklahoma Statutes;

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139. Offering or selling any business opportunity without a
business opportunity contract or agreement, as provided for in
subsection A of Section 809 of Title 71 of the Oklahoma Statutes;
140. Making or using any specific representations from the
Oklahoma Business Opportunity Sales Act without having a minimum net
worth of Fifty Thousand Dollars ($50,000.00), as provided for in
Section 811 of Title 71 of the Oklahoma Statutes;
141. Using information filed with or obtained by the
Administrator of the Oklahoma Department of Securities that is not
public for the personal benefit of the Administrator or any officers
or employees of the Administrator, as provided for in subsection B
of Section 812 of Title 71 of the Oklahoma Statutes;
142. Employing any device, scheme, or artifice to defraud in
connection with offering or selling any business opportunity, as
provided for in paragraph 1 of Section 819 of Title 71 of the
Oklahoma Statutes;
143. Making any untrue statement of a material fact or omitting
a material fact in connection with offering or selling any business
opportunity, as provided for in paragraph 2 of Section 819 of Title
71 of the Oklahoma Statutes;
144. Engaging in any act, practice, or course of business which
operates as a fraud or deceit in connection with offering or selling
any business opportunity, as provided for in paragraph 3 of Section
819 of Title 71 of the Oklahoma Statutes;

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145. Making or causing to be made any false or misleading
statements or omitting to state a material fact necessary in any
document filed with the Administrator of the Oklahoma Department of
Securities or in any proceeding pursuant to the Oklahoma Business
Opportunity Sales Act, as provided for in Section 820 of Title 71 of
the Oklahoma Statutes;
146. Filing any application for registration that is false,
incomplete, or misleading, as provided for in Section 821 of Title
71 of the Oklahoma Statutes;
147. Publishing, circulating, or using any advertising that
contains untrue statements of material facts or omits to state
material facts necessary, as provided for in Section 822 of Title 71
of the Oklahoma Statutes;
148. Taking or receiving any rebate, percentage of contract,
money, or any other thing of value by an officer of the Office of
Management and Enterprise Services from any person, firm, or
corporation, as provided for in Section 71 of Title 74 of the
Oklahoma Statutes;
149. Monopolizing, attempting to monopolize, or conspiring to
monopolize any part of trade or commerce, as provided for in
subsection B of Section 203 of Title 79 of the Oklahoma Statutes;
150. Discrimination in price between different purchasers of
commodities by any person engaged in commerce, as provided for in
Section 204 of Title 79 of the Oklahoma Statutes;

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151. Violation of the Oklahoma Antitrust Reform Act, as
provided for in Section 206 of Title 79 of the Oklahoma Statutes;
and
152. Having any interest, directly or indirectly, in any
contract for the purchase of property or construction of work by or
for the Grand River Dam Authority by a director, officer, agent, or
employee, as provided for in Section 867 of Title 82 of the Oklahoma
Statutes; and
153. Using explosive agent to kill, injure, or intimidate or to
damage property, as provided for in subsection B of Section 124.8 of
Title 63 of the Oklahoma Statutes.
B. Any person convicted of a Class C2 criminal offense set
forth in this section shall be punished by imprisonment in the
custody of the Department of Corrections for a term of not more than
seven (7) years and shall serve at least twenty percent (20%) of the
sentence imposed before release from custody including release to
electronic monitoring pursuant to Section 510.9 of Title 57 of the
Oklahoma Statutes.
C. 1. Every person who, having been previously convicted of
one or two Class C or Class D criminal offenses, commits a Class C2
criminal offense shall, upon conviction, be punished 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 and shall serve
at least twenty percent (20%) of the sentence imposed before release

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from custody including release to electronic monitoring pursuant to
Section 510.9 of Title 57 of the Oklahoma Statutes.
2. Every person who, having been previously convicted of three
Class C or Class D criminal offenses, or one or more Class Y, Class
A, or Class B criminal offenses, commits a Class C2 criminal offense
shall, upon conviction, be punished by imprisonment in the custody
of the Department of Corrections for a term of not less than two (2)
years nor more than twelve (12) years and shall serve at least forty
percent (40%) of the sentence imposed before release from custody
including release to electronic monitoring pursuant to Section 510.9
of Title 57 of the Oklahoma Statutes.
D. Unless specifically exempted pursuant to subsection E of
this section, Section 51.1 of Title 21 of the Oklahoma Statutes this
title shall not apply to Class C2 criminal offenses.
E. 1. The criminal offenses listed in paragraphs 1, 2, 52, 53,
54, 55, 63, 65, 67, 68, 76, and 77 of subsection A of this section
shall be exempt from the penalty provisions provided for in
subsections B and C of this section. Persons convicted of the
criminal offenses provided for in paragraphs 1, 2, 52, 53, 54, 55,
63, 65, 67, 68, 76, and 77 of subsection A of this section shall be
punished in accordance with the corresponding penalties provided for
in the Oklahoma Statutes including Section 51.1 of Title 21 of the
Oklahoma Statutes this title.

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2. The criminal offense listed in paragraph 64 of subsection A
of this section shall be exempt from the penalty provision provided
for in subsection B of this section. Persons convicted of the
criminal offense provided for in paragraph 64 of subsection A of
this section shall be punished in accordance with the corresponding
penalties as provided for in the Oklahoma Statutes including Section
51.1 of Title 21 of the Oklahoma Statutes this title. The
provisions of subsection C of this section still applies apply to
the criminal offense listed in paragraph 64 of subsection A of this
section.
F. All Class C2 criminal offenses shall be punishable by the
corresponding fines as provided for in the Oklahoma Statutes.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 991c, as
amended by Section 3, Chapter 305, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 991c), is amended to read as follows:
Section 991c. A. Upon a verdict or plea of guilty or upon a
plea of nolo contendere, but before a judgment of guilt, the court
may, without entering a judgment of guilt and with the consent of
the defendant, defer further proceedings upon the specific
conditions prescribed by the court not to exceed a seven-year
period, except as authorized under subsection B of this section.
The court shall first consider restitution among the various
conditions it may prescribe. The court may also consider ordering
the defendant to:

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1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost authorized by law;
4. Engage in a term of community service without compensation,
according to a schedule consistent with the employment and family
responsibilities of the defendant;
5. County jail confinement for a period not to exceed ninety
(90) days or the maximum amount of jail time provided for the
offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to the defendant;
7. Be supervised in the community for a period not to exceed
eighteen (18) months, unless a petition alleging violation of any
condition of deferred judgment is filed during the period of
supervision. As a condition of any supervision, the defendant shall
be required to pay a supervision fee of Forty Dollars ($40.00) per
month. The supervision fee shall be waived in whole or part by the
supervisory agency when the accused is indigent. Any fees collected
by the district attorney pursuant to this paragraph shall be
deposited in the General Revenue Fund of the State Treasury. No
person shall be denied supervision based solely on the inability of
the person to pay a fee;

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8. Pay into the court fund a monthly amount not exceeding Forty
Dollars ($40.00) per month during any period during which the
proceedings are deferred when the defendant is not to be supervised
in the community. The total amount to be paid into the court fund
shall be established by the court and shall not exceed the amount of
the maximum fine authorized by law for the offense;
9. Make other reparations to the community or victim as
required and deemed appropriate by the court;
10. Order Adhere to any conditions which can be imposed for a
suspended sentence pursuant to paragraph 1 of subsection A of
Section 991a of this title; or
11. Any combination of the provisions in paragraphs 1 through
10 of this subsection.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court may waive the costs of prosecution in the same manner as the
court waives financial obligations pursuant to Section 983 of this
title. Any unpaid costs of prosecution shall be waived if the

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deferred sentence of an offender expires without being accelerated.
Any fees collected by the district attorney pursuant to this
paragraph shall be deposited in the General Revenue Fund of the
State Treasury.
B. When the court has ordered restitution as a condition of
supervision as provided for in subsection A of this section and that
condition has not been satisfied, the court may, at any time prior
to the termination or expiration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the court shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while the person was under the influence
of alcohol, other intoxicating substance, or a combination of
alcohol and another intoxicating substance, or who is before the
court for the offense of operating a motor vehicle while the ability
of the person to operate such vehicle was impaired due to the
consumption of alcohol, require the person to participate in an
alcohol and drug substance abuse evaluation program offered by a
facility or qualified practitioner certified 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 or
qualified practitioner for the evaluation. The Department of Mental

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Health and Substance Abuse Services shall establish a fee schedule,
based upon the ability of a person to pay, provided the fee for an
evaluation shall not exceed Seventy-five Dollars ($75.00). The
evaluation shall be conducted at a certified facility, the office of
a qualified practitioner, or at another location as ordered by the
court. The facility or qualified practitioner shall, within
seventy-two (72) hours from the time the person is assessed, submit
a written report to the court for the purpose of assisting the court
in its determination of conditions for deferred sentence. No
person, agency, or facility operating an alcohol and drug substance
abuse evaluation program certified by the Department of Mental
Health and Substance Abuse Services shall solicit or refer any
person evaluated pursuant to this subsection for any treatment
program or alcohol and drug substance abuse service in which the
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 alcohol and drug substance abuse service
offered by such person, agency, or facility. Any evaluation report
submitted to the court pursuant to this subsection shall be handled
in a manner which that will keep the report confidential from review
by the general public. 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

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an order of the court to obtain the evaluation required by this
subsection. As used in this subsection, “qualified practitioner”
means a person with at least a bachelor’s degree in substance abuse
treatment, mental health, or a related health care field and at
least two (2) years of experience in providing alcohol abuse
treatment, other drug abuse treatment, or both alcohol and other
drug abuse treatment who is certified each year by the Department of
Mental Health and Substance Abuse Services to provide these
assessments. However, any person who does not meet the requirements
for a qualified practitioner as defined herein, but who has been
previously certified by the Department of Mental Health and
Substance Abuse Services to provide alcohol or drug treatment or
assessments, shall be considered a qualified practitioner provided
all education, experience, and certification requirements stated
herein are met by September 1, 1995. The court may also require the
person to participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
2. A victims impact panel program, as defined in subsection H
of Section 991a of this title, if such a program is offered in the
county where the judgment is rendered. The defendant shall be
required 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
victims impact panel program to offset the cost of participation by

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the defendant, if in the opinion of the court the defendant has the
ability to pay such fee.
D. Upon completion of the conditions of the deferred judgment,
and upon a finding by the court that the conditions have been met
and all fines, fees, and monetary assessments have been paid as
ordered, the defendant shall be discharged without a court judgment
of guilt, and the court shall order the verdict or plea of guilty or
plea of nolo contendere to be expunged from the record and the
charge shall be dismissed with prejudice to any further action. The
procedure to expunge the record of the defendant shall be as
follows:
1. All references to the name of the defendant shall be deleted
from the docket sheet;
2. The public index of the filing of the charge shall be
expunged by deletion, mark-out, or obliteration;
3. Upon expungement, the court clerk shall keep a separate
confidential index of case numbers and names of defendants which
have been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon written request by the named defendant to the
court clerk for the purpose of updating the criminal history record
of the defendant with the Oklahoma State Bureau of Investigation;
and

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5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the indictment and the
dismissal expunged from the public index and docket sheet. This
section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to this subsection shall be
admissible in any subsequent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsection D of this section shall be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration is filed by the district
attorney with the clerk of the sentencing court and competent
evidence justifying the acceleration of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
and the defendant. Any acceleration of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a first

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acceleration or five (5) years for a second or subsequent
acceleration.
G. Upon any violation of the deferred judgment, other than a
technical violation, the court may enter a judgment of guilt and
proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgment is
for a felony offense, and the defendant commits another felony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously
convicted of a felony offense pursuant to the provisions of Section
11-902 of Title 47 of the Oklahoma Statutes and have not received
more than one a deferred judgment for a felony offense within the
ten (10) years previous to the commission of the pending offense
pursuant to the provisions of Section 11-902 of Title 47 of the
Oklahoma Statutes.
Provided, the court may waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants found guilty or who plead guilty or
nolo contendere to a sex offense required by law to register
pursuant to the Sex Offenders Registration Act.

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J. All defendants who are supervised pursuant to this section
shall be subject to the sanction process as established in
subsection D of Section 991b of this title.
K. Notwithstanding the provisions of subsections F and G of
this section, a person who is being considered for an acceleration
of a deferred judgment for an offense where the penalty has
subsequently been lowered to a misdemeanor shall only be subject to
a judgment and sentence that would have been applicable had he or
she committed the offense after July 1, 2017.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 11-902, as
amended by Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is amended to read as follows:
Section 11-902. A. It is unlawful and punishable as provided
for 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 single-family or multi-family
multifamily 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;
2. Is under the influence of alcohol;

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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;
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. The timing requirement for
the administration of tests pursuant to Section 756 of this title
shall not apply to this paragraph; 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. The timing requirement
for the administration of tests pursuant to Section 756 of this
title shall not apply to this paragraph.
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.
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:

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a. participate in an assessment and evaluation pursuant
to subsection H 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. a. 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 such 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 H of this section
and shall be sentenced to:

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a.
(1) follow all recommendations made in the assessment
and evaluation for treatment at the defendant’s
expense,
b.
(2) 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,
c.
(3) imprisonment in the custody of the Department of
Corrections for not less than one (1) year and
not more than five (5) years as provided for in
subsections B through E of Section 20M of Title
21 of the Oklahoma Statutes, and
d.
(4) a fine not more than Two Thousand Five Hundred
Dollars ($2,500.00).
However, if the treatment in subsection H 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.

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b. Any person who, having been convicted of or having
received deferred judgment for a violation of this
section that was committed when the person was under
twenty-one (21) years of age, commits a subsequent
violation when the person is twenty-one (21) years of
age or older within a period of:
(1) ten (10) years, shall, upon conviction, be guilty
of a Class C2 felony punishable as provided in
subparagraph a of this paragraph, or
(2) more than ten (10) years, shall, upon conviction,
be guilty of a misdemeanor punishable as provided
in paragraph 1 of this subsection. Any
subsequent violations pursuant to this division
shall, upon conviction, be a Class C2 felony
offense punishable as provided in subparagraph a
of this paragraph.
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

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assessment and evaluation pursuant to subsection H 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,
b. two hundred forty (240) hours of community service,
c. 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,
d. imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than ten (10) years, and
e. a fine not more than Five Thousand Dollars
($5,000.00).
However, if the treatment in subsection H 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

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participate in an assessment and evaluation pursuant to subsection H
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,
followed by not less than one (1) year of supervision
and periodic testing, as provided in subparagraph q of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, at the defendant’s
expense,
b. four hundred eighty (480) hours of community service,
c. 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 ninety (90) days,
d. imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than twenty (20) years, and
e. a fine not more than Five Thousand Dollars
($5,000.00).
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection H 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

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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 more than twenty (20) years, and a fine 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.
D. Any person who is convicted of a violation of driving under
the influence while also committing one of more of the following
acts:
1. Driving, operating, or being in actual physical control of a
motor vehicle while having a blood or breath alcohol concentration
of fifteen-hundredths (0.15) or more at the time of a test of such
person’s blood or breath;

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2. Causing a motor vehicle incident involving one or more
vehicles that results in a report pursuant to Section 40-102 of this
title;
3. Driving in a manner that violates the provisions of Section
11-301, 11-302, 11-306, 11-309, or 11-311 of this title;
4. Driving while eluding peace officers pursuant to Section
540a of Title 21 of the Oklahoma Statutes;
5. Driving with a speed in excess of twenty (20) miles per hour
over the speed limit or ten (10) miles per hour over the speed limit
within an active school zone;
6. Operating a motor vehicle with a passenger younger than
eighteen (18) years of age; or
7. Reckless driving as defined in Section 11-901 of this title,
shall, upon conviction, be guilty of aggravated driving under the
influence, which shall be a Class B3 felony offense.
E. A person convicted of aggravated driving under the influence
shall participate in an assessment and evaluation pursuant to
subsection H 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. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of
subsection C of this section, provided that:

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a. for a first offense of a violation pursuant to this
section, the first ten (10) days of the sentence shall
not be subject to probation, suspension, or deferral
and may be served by night or weekend incarceration
pursuant to Section 991a of Title 22 of the Oklahoma
Statutes,
b. for a second offense of a violation pursuant to this
section, the first thirty (30) days of the sentence
shall not be subject to probation, suspension, or
deferral; provided further, this mandatory minimum
period of confinement shall be served in the county
jail as a condition of a suspended or deferred
sentence, pursuant to Section 991a of Title 22 of the
Oklahoma Statutes, and
c. the portion of the sentence not subject to probation,
suspension, or deferral shall increase by thirty (30)
days for each subsequent conviction after the second
offense;
2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
C of this section;
3. Not less than one (1) year of supervision and periodic
testing, as provided in subparagraph q of paragraph 1 of subsection
A of Section 991a of Title 22 of the Oklahoma Statutes, at the
defendant’s expense; and

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4. 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 one hundred
eighty (180) days.
F. 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.
G. Service Oklahoma is hereby authorized to reinstate any
suspended or revoked driving privilege when the person meets the

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statutory requirements which that affect the existing driving
privilege.
H. 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

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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 of this subsection
shall be handled in a manner which will keep such report

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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, Service Oklahoma 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.
I. 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.
J. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic

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monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
K. 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.
L. 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 an assessment of One Hundred
Dollars ($100.00) 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.
M. 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
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.

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N. 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.
O. 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

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give the testimony in any case in which such testimony may be
relevant.
SECTION 4. REPEALER 47 O.S. 2021, Section 11-902, as
amended by Section 3, Chapter 172, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is hereby repealed.
SECTION 5. REPEALER 47 O.S. 2021, Section 11-902, as
amended by Section 6, Chapter 305, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is hereby repealed.
SECTION 6. REPEALER 47 O.S. 2021, Section 11-902, as
amended by Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is hereby repealed.
SECTION 7. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 3, 2026 - DO PASS AS AMENDED BY CS