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SENATE FLOOR VERSION - SB864 SFLR Page 1
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SENATE FLOOR VERSION
February 11, 2025
SENATE BILL NO. 864 By: Murdock of the Senate
and
Newton of the House
An Act relating to the Sex Offenders Registration
Act; amending 57 O.S. 2021, Section 582, as amended
by Section 14, Chapter 151, O.S.L. 2024 (57 O.S.
Supp. 2024, Section 582), which relates to persons
and crimes to which act applies; prohibiting certain
agreement; prohibiting removal of certain
requirement; prohibiting contact with any minor;
updating statutory language and reference; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 582, as
amended by Section 14, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 582), is amended to read as follows:
Section 582. A. The provisions of the Sex Offenders
Registration Act shall apply to any person residing, working, or
attending school within the State of Oklahoma this state who, after
November 1, 1989, has been convicted, whether upon a verdict or plea
of guilty or upon a plea of nolo contendere, or received a suspended
sentence or any probationary term, or is currently serving a
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sentence or any form of probation or parole for a crime or an
attempt to commit a crime provided for in Section 843.5 of Title 21
of the Oklahoma Statutes if the offense involved sexual abuse or
sexual exploitation as those terms are defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, Section 681, if the offense
involved sexual assault, 741, if the offense involved sexual abuse
or sexual exploitation, Section 748, if the offense involved human
trafficking for commercial sex, Section 843.1, if the offense
involved sexual abuse or sexual exploitation, Section 852.1, if the
offense involved sexual abuse of a child, 856, if the offense
involved child sex trafficking or human trafficking for commercial
sex, 865 et seq., 885, 886, 888, 891, if the offense involved sexual
abuse or sexual exploitation, 1021, 1021.2, 1021.3, 1024.2, 1029, if
the offense involved child sex trafficking, 1040.8, if the offense
involved child pornography sexual abuse material, 1040.12a, 1040.13,
1040.13a, 1087, 1088, 1111.1, 1114, or 1123 of Title 21 of the
Oklahoma Statutes.
B. The provisions of the Sex Offenders Registration Act shall
apply to any person who after November 1, 1989, resides, works, or
attends school within the State of Oklahoma this state and who has
been convicted or received a suspended sentence at any time in any
court of another state, the District of Columbia, Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands and the United States
Virgin Islands, a federal court, an Indian tribal court, a military
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court, or a court of a foreign country for a crime, attempted crime,
or a conspiracy to commit a crime which, if committed or attempted
in this state, would be a crime, an attempt to commit a crime, or a
conspiracy to commit a crime provided for in any of the laws listed
in subsection A of this section.
C. The provisions of the Sex Offenders Registration Act shall
apply to any person who resides, works, or attends school within the
State of Oklahoma this state and who has received a deferred
judgment at any time in any court of another state, the District of
Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana
Islands and the United States Virgin Islands, a federal court, an
Indian tribal court, a military court, or a court of a foreign
country for a crime, attempted crime, or a conspiracy to commit a
crime which, if committed or attempted or conspired to be committed
in this state, would be a crime, an attempt to commit a crime, or a
conspiracy to commit a crime provided for in Section 843.5 of Title
21 of the Oklahoma Statutes if the offense involved sexual abuse or
sexual exploitation as those terms are defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, Section 681, if the offense
involved sexual assault, 741, if the offense involved sexual abuse
or sexual exploitation, Section 748, if the offense involved human
trafficking for commercial sex, Section 843.1, if the offense
involved sexual abuse or sexual exploitation, Section 852.1, if the
offense involved sexual abuse of a child, 856, if the offense
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involved child sex trafficking or human trafficking for commercial
sex, 865 et seq., 885, 886, 888, 891, if the offense involved sexual
abuse or sexual exploitation, 1021, 1021.2, 1021.3, 1024.2, 1029, if
the offense involved child sex trafficking, 1040.8, if the offense
involved child pornography sexual abuse material, 1040.12a, 1040.13,
1040.13a, 1087, 1088, 1111.1, 1114, or 1123 of Title 21 of the
Oklahoma Statutes. The provisions of the Sex Offenders Registration
Act shall not apply to any such person while the person is
incarcerated in a maximum or medium correctional institution of the
Department of Corrections.
D. On November 1, 2002, any person registered as a sex offender
pursuant to Section 741 of Title 21 of the Oklahoma Statutes shall
be summarily removed from the Sex Offender Registry sex offender
registry by the Department of Corrections and all law enforcement
agencies of any political subdivision of this state, unless the
offense involved sexual abuse or sexual exploitation.
E. The provisions of the Sex Offenders Registration Act shall
not apply to any such person who has received a criminal history
records expungement for a conviction in another state for a crime or
attempted crime which, if committed or attempted in this state,
would be a crime or an attempt to commit a crime provided for in any
laws listed in subsection A of this section.
F. The provisions of the Sex Offenders Registration Act shall
apply to any person residing, working, or attending school within
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this state who, after the effective date of this act November 1,
2020, has been convicted, whether upon a verdict or plea of guilty
or upon a plea of nolo contendere, or received a suspended sentence
or any probationary term, or is currently serving a sentence or any
form of probation or parole for a crime or an attempt to commit a
crime as provided for in subsection G of Section 1040.13b of Title
21 of the Oklahoma Statutes.
G. The provisions of the Sex Offenders Registration Act shall
apply to any person who resides, works, or attends school within
this state and who has received a deferred judgment at any time in
any court of another state, the District of Columbia, Puerto Rico,
Guam, American Samoa, the Northern Mariana Islands and the United
States Virgin Islands, a federal court, an Indian tribal court, a
military court, or a court of a foreign country for a crime, if
committed in this state, would be a crime, as provided for in
subsection F of Section 1040.13b of Title 21 of the Oklahoma
Statutes. The provisions of the Sex Offenders Registration Act
shall not apply to any such person while the person is incarcerated
in a maximum or medium correctional institution in the custody of
the Department of Corrections.
H. Any person who has been convicted, whether upon a verdict or
plea of guilty or upon a plea of nolo contendere, or received a
suspended sentence or any probationary term or parole for a crime
which requires the person to register as a sex offender pursuant to
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the terms of the Sex Offenders Registration Act shall not enter into
a plea agreement whereby the offender shall be allowed to forgo
registering as a sex offender.
I. The sealing of a criminal record or other action that limits
the publicity or availability of conviction information shall not
remove the requirement of an individual to register as a sex
offender pursuant to the provisions of the Sex Offenders
Registration Act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 590.3 of Title 57, unless there
is created a duplication in numbering, reads as follows:
Any person who is required to register under the provisions of
the Sex Offenders Registration Act shall not be allowed to have any
contact with a person under eighteen (18) years of age, including
the child of such person.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 11, 2025 - DO PASS