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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1709 By: Jett
AS INTRODUCED
An Act relating to firearms; amending Section 15,
Chapter 366, O.S.L. 2024 (21 O.S. Supp. 2025, Section
20O), which relates to Class D2 offenses; conforming
statutory reference; updating statutory language and
references; repealing 21 O.S. 2021, Section 1289.18,
as amended by Section 598, Chapter 486, O.S.L. 2025
(21 O.S. Supp. 2025, Section 1289.18), which relates
to the Oklahoma Firearms Act of 1971; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 15, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2025, Section 20O), is amended to read as
follows:
Section 20O. A. Upon the effective date of this act On or
after January 1, 2026, Class D2 shall include the following criminal
offenses:
1. Attempt Attempting to escape from a penitentiary, as
provided for in Section 434 of Title 21 of the Oklahoma Statutes
this title;
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2. Attempt Attempting to escape from prison, not a
penitentiary, as provided for in Section 436 of Title 21 of the
Oklahoma Statutes this title;
3. Escape from arrest or detention for a felony, as provided
for in subsection C of Section 444 of Title 21 of the Oklahoma
Statutes this title;
4. Aggravated assault and battery upon medical care provider,
as provided for in Section 650.5 of Title 21 of the Oklahoma
Statutes this title;
5. Omitting to provide for a child, as provided for in Section
852 of Title 21 of the Oklahoma Statutes this title;
6. Harboring an endangered runaway child, second or subsequent
offense, as provided for in Section 856.2 of Title 21 of the
Oklahoma Statutes this title;
7. Discharging a stun gun, tear gas, mace, or other agent
against officer, as provided for in Section 1272.3 of Title 21 of
the Oklahoma Statutes this title;
8. Possession of sawed-off shotgun, as provided for in Section
1289.18 of Title 21 of the Oklahoma Statutes;
9. Transmit Transmitting threatening letter, as provided for in
Section 1304 of Title 21 of the Oklahoma Statutes this title;
10. Abortion
9. Performing an abortion without a license, as provided for in
Section 1-731 of Title 63 of the Oklahoma Statutes;
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11. Abortion
10. Performing an abortion after the first trimester, as
provided for in Section 1-731 of Title 63 of the Oklahoma Statutes;
12. 11. Self-induced abortion, as provided for in Section 1-733
of Title 63 of the Oklahoma Statutes;
13. Violate
12. Violation of the Oklahoma Unborn Child Protection from
Dismemberment Abortion Act, as provided for in Section 1-737.9 of
Title 63 of the Oklahoma Statutes;
14. 13. Violation of the Unborn Child Pain Awareness/Prevention
Act, as provided for in Section 1-738.14 of Title 63 of the Oklahoma
Statutes;
15. 14. Knowingly perform an abortion on an unemancipated
minor, as provided for in Section 1-740.4b of Title 63 of the
Oklahoma Statutes;
16. 15. Make a fraudulent statement to obtain an abortion for a
minor, as provided for in Section 1-740.4b of Title 63 of the
Oklahoma Statutes;
17. 16. Violation of the Pain-Capable Unborn Child Protection
Act, as provided for in Section 1-745.7 of Title 63 of the Oklahoma
Statutes;
18. 17. Violation of the Heartbeat Informed Consent Act, as
provided for in Section 1-746.7 of Title 63 of the Oklahoma
Statutes;
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19. 18. Abortion on a minor less than fourteen (14) years of
age or failure to submit tissue, as provided for in Section 1-749 of
Title 63 of the Oklahoma Statutes;
20. 19. Distribution of imitation controlled substance, second
offense, as provided for in Section 2-401 of Title 63 of the
Oklahoma Statutes; and
21. Assist
20. Assisting another in the purchase of pseudoephedrine
products, second or subsequent offense, as provided for in Section
2-701 of Title 63 of the Oklahoma Statutes.
B. Any person convicted of a Class D2 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
two (2) years and shall serve at least twenty percent (20%) of the
sentence imposed before release from custody.
C. 1. Every person who, having been previously convicted of
one or two Class C or Class D criminal offenses, commits a Class D2
criminal offense shall, upon conviction, 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 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.
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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 D2 criminal offense
shall, upon conviction, 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 ten (10) years and shall serve at least thirty
percent (30%) 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
shall not apply to Class D2 criminal offenses.
E. 1. The criminal offenses listed in paragraphs 7, 9, 10, 11,
12, 13, 14, 15, 16, 17, and 18, and 19 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 7, 9, 10, 11, 12, 13,
14, 15, 16, 17, and 18, and 19 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.
2. The criminal offense listed in paragraphs 2, 4, 5, and 6 of
subsection A of this section shall be exempt from the penalty
provisions provided for subsection B of this section. Persons
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convicted of the criminal offenses provided for in paragraphs 2, 4,
5, and 6 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. The provisions of subsection C of this section still
applies to the criminal offenses listed in paragraphs 2, 4, 5, and 6
of subsection A of this section.
F. All Class D2 criminal offenses shall be punishable by the
corresponding fines as provided for in the Oklahoma Statutes.
SECTION 2. REPEALER 21 O.S. 2021, Section 1289.18, as
amended by Section 598, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1289.18), is hereby repealed.
SECTION 3. This act shall become effective November 1, 2026.
60-2-3195 CN 1/14/2026 10:47:53 AM