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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2095 By: Lepak
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 1402, as amended by Sectio n 1,
Chapter 234, O.S.L. 2013 (22 O.S. Supp. 2020, Section
1402), which relates to the Oklahoma Racketeer -
Influenced and Corrupt Organizations Act; modifying
definition to include certain crime; updating
statutory references; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 1402, as
amended by Section 1, Chapter 234, O.S.L. 2013 (22 O.S. Supp. 2020,
Section 1402), is amended to read as fo llows:
Section 1402. As used in the Oklahoma Racketeer -Influenced and
Corrupt Organizations Act:
1. "Beneficial interest" includes:
a. the interest of a person as a beneficiary pursuant to
a trust, in which the trustee holds legal title to
personal or real property, or
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b. the interest of a person as a beneficiary pursuant to
any other arrangement under which any other person
holds legal title to personal or real property for the
benefit of such person.
The term beneficial interest does not include the int erest of a
stockholder in a corporation or the interest of a partner in either
a general or limited partnership;
2. "Enterprise" includes any individual, sole proprietorship,
partnership, corporation, trust, governmental entity, or other legal
entity, or any union, association, unincorporated association or
group of persons, associated in fact although not a legal entity,
involved in any lawful or unlawful project or undertaking or any
foreign organization that the United States Secretary of State has
designated a foreign terrorist organization pursuant to Title 8
U.S.C.A., Section 1189;
3. "Innocent party" includes bona fide purchasers and victims;
4. "Lien notice" means the notice pursuant to the provisions of
Section 1412 of this title;
5. "Pattern of racketeering activity " means two or more
occasions of conduct:
a. that include each of the following:
(1) constitute racketeering activity,
(2) are related to the affairs of the enterprise,
(3) are not isolated, and
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(4) are not so closely related to each other and
connected in point of time and place that they
constitute a single event, and
b. where each of the following is present:
(1) at least one of the occasions of conduct occurred
after November 1, 1988,
(2) the last of the occasions of conduct occurr ed
within three (3) years, excluding any period of
imprisonment served by any person engaging in the
conduct, of a prior occasion of conduct, and
(3) for the purposes of Section 1403 of this title
each of the occasions of conduct constituted a
felony pursuant to the laws of this state;
6. "Pecuniary value" means:
a. anything of value in the form of money, a negotiable
instrument, or a commercial interest, or anything
else, the primary significance of which is economic
advantage, or
b. any other property or service that has a value in
excess of One Hundred Dollars ($100.00);
7. "Person" means any individual or entity holding or capable
of holding a legal or beneficial interest in property;
8. "Personal property" includes any personal property, or any
interest in such personal property, or any right, including bank
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accounts, debts, corporate stocks, patents or copyrights. Personal
property and beneficial interest in personal property shall be
deemed to be located where the trustee, the personal property, or
the instrument evidencing the right is located;
9. "Principal" means a person who engages in conduct
constituting a violation of the Oklahoma Racketeer -Influenced and
Corrupt Organizations Act or who is legally accountable for the
conduct of another who engages in a violation of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act;
10. "Racketeering activity " means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage i n any conduct which is
chargeable or indictable as constituting a felony violation of one
or more of the following provisions of the Oklahoma Statutes,
regardless of whether such act is in fact charged or indicted:
a. relating to homicide pursuant to the p rovisions of
Section 651, 652, 653, 701.7, 701.8, 701.16, 711 or
716 of Title 21 of the Oklahoma Statutes or relating
to concealment of homicidal death pursuant to the
provisions of Section 543 of Title 21 of the Oklahoma
Statutes,
b. relating to kidnappin g pursuant to the provisions of
Section 741, 745, 891 or 1119 of Title 21 of the
Oklahoma Statutes,
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c. relating to sex offenses pursuant to the provisions of
Section 886, 888, 1021, 1021.2, 1021.4, 1024.2, 1111,
1111.1, 1114 or 1123 of Title 21 of the Okla homa
Statutes,
d. relating to bodily harm pursuant to the provisions of
Section 645, 650, 650.2, 1289.16, 1302, 1303 or 1767.1
of Title 21 of the Oklahoma Statutes,
e. relating to theft, where the offense constitutes a
felony, pursuant to the provisions of Section 1704,
1707, 1708, 1709, 1710, 1711, 1713, 1716, 1719, 1720,
1721, 1722, 1723 or 1731 of Title 21 of the Oklahoma
Statutes,
f. relating to forgery pursuant to the provisions of
Section 1561, 1562, 1571, 1572, 1574, 1575, 1577,
1578, 1579, 1580, 158 1, 1582, 1583, 1584, 1585, 1586,
1587, 1588, 1589, 1590, 1591 or 1593 of Title 21 of
the Oklahoma Statutes,
g. relating to robbery pursuant to the provisions of
Section 797, 800 or 801 of Title 21 of the Oklahoma
Statutes,
h. relating to burglary pursuant to the provisions of
Section 1431, 1435 or 1437 of Title 21 of the Oklahoma
Statutes,
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i. relating to arson pursuant to the provisions of
Section 1368, 1401, 1402, 1403 or 1404 of Title 21 of
the Oklahoma Statutes,
j. relating to use or possession of a fire arm or other
offensive weapon while committing or attempting to
commit a felony pursuant to the provisions of Section
1287, 1289.20 or 1289.21 of Title 21 of the Oklahoma
Statutes,
k. relating to gambling pursuant to the provisions of
Section 941, 942, 944 , 945, 946, 948, 954, 956, 957,
969, 970, 971, 981, 982, 983, 984, 985, 986, 987, 991
or 992 of Title 21 of the Oklahoma Statutes,
l. relating to bribery in contests pursuant to the
provisions of Section 399 or 400 of Title 21 of the
Oklahoma Statutes,
m. relating to interference with public officers pursuant
to the provisions of Section 434, 436, 437, 438, 439,
440, 441, 443, 444, 521, 522, 532, 540, 543, 545 or
546 of Title 21 of the Oklahoma Statutes,
n. relating to interference with judicial procedure
pursuant to the provisions of Section 388, 453, 455,
456, 491, 496 or 504 of Title 21 of the Oklahoma
Statutes,
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o. relating to official misconduct pursuant to the
provisions of Section 380, 381, 382, 383, 384, 385,
386, 389, 390, 950 or 976 of Title 21 of t he Oklahoma
Statutes, or Section 3404 of Title 74 of the Oklahoma
Statutes,
p. relating to the Uniform Controlled Dangerous
Substances Act, where the offense constitutes a
felony, pursuant to the provisions of Section 2 -101 et
seq. of Title 63 of the Oklah oma Statutes,
q. relating to automobile theft pursuant to the
provisions of Section 4 -102, 4-103, 4-107, 4-108, 4-
109 or 4-110 of Title 47 of the Oklahoma Statutes,
r. relating to embezzlement pursuant to the provisions of
Section 1412 of Title 6 of the Ok lahoma Statutes,
Section 641 of Title 19 of the Oklahoma Statutes,
Section 341, 531 or 1451 of Title 21 of the Oklahoma
Statutes, Section 163.4 5-135 of Title 37 37A of the
Oklahoma Statutes, Section 1025 of Title 64 of the
Oklahoma Statutes or Section 136 1 of Title 68 of the
Oklahoma Statutes,
s. relating to extortion, where the offense constitutes a
felony, pursuant to the provisions of Section 1304,
1481, 1482, 1485, 1486 or 1488 of Title 21 of the
Oklahoma Statutes,
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t. relating to fraud, where the offen se constitutes a
felony, pursuant to the provisions of Section 208.6,
208.7 or 208.8 of Title 3A of the Oklahoma Statutes,
Section 753 of Title 15 of the Oklahoma Statutes,
Section 552.14a of Title 18 of the Oklahoma Statutes,
Section 358, 1411, 1412, 1413 , 1414, 1415, 1416, 1503,
1521, 1541.1, 1541.2, 1541.3, 1542, 1543, 1544,
1550.2, 1550.22, 1550.23, 1550.24, 1550.25, 1550.26,
1550.27, 1550.28, 1550.29, 1550.30, 1550.31, 1550.32,
1632, 1635 or 1662 of Title 21 of the Oklahoma
Statutes, Section 243 of Tit le 56 of the Oklahoma
Statutes, or Section 604 of Title 62 of the Oklahoma
Statutes,
u. relating to conspiracy, where the offense constitutes
a felony, pursuant to the provisions of Section 421,
422 or 424 of Title 21 of the Oklahoma Statutes,
v. relating to prostitution, pornography or obscenity
pursuant to the provisions of Section 1021, 1040.52,
1081, 1085, 1086, 1087 or 1088 of Title 21 of the
Oklahoma Statutes,
w. relating to the Oklahoma Alcoholic Beverage Control
Act, where the offense constitutes a felony, pursuant
to the provisions of Section 506.1 1-101 et seq. of
Title 37 37A of the Oklahoma Statutes,
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x. relating to the Oklahoma Uniform Securities Act of
2004, where the offense constitutes a felony, pursuant
to the provisions of Sections 1 -101 through 1-701 of
Title 71 of the Oklahoma Statutes,
y. relating to human trafficking or trafficking in
children pursuant to the provisions of Section 748,
866 or 867 of Title 21 of the Oklahoma Statutes,
z. relating to illegal aliens pursuant to the provision s
of Section 446 of Title 21 of the Oklahoma Statutes,
aa. relating to organized voter fraud pursuant to the
provisions of Section 16 -102, 16-102.1, 16-102.2, 16-
103, 16-103.l, 16-104, 16-105, 16-106, 16-113, 16-120
or 16-123.1 of Title 26 of the Oklahoma Statutes,
bb. relating to terrorism and terrorist activities
pursuant to the provisions of the Sabotage Prevention
Act or the Oklahoma Antiterrorism Act,
cc. relating to exploitation of elderly persons or
disabled adults pursuant to the provisions of Secti on
843.4 of Title 21 of the Oklahoma Statutes,
dd. relating to computer crimes pursuant to the provisions
of Sections 1953 and 1958 of Title 21 of the Oklahoma
Statutes,
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ee. relating to unlawful proceeds pursuant to the
provisions of Section 2001 of Title 21 of the Oklahoma
Statutes,
ff. relating to insurance fraud pursuant to the provisions
of Section 311.1 of Title 36 of the Oklahoma Statutes,
or
gg. relating to workers' compensation fraud pursuant to
the provisions of Section 1663 of Title 21 of the
Oklahoma Statutes, or
hh. relating to unlawful assemblies pursuant to the
provisions of Section 1320.3 of Title 21 of the
Oklahoma Statutes.
In addition, "racketeering activity " may be proven by proof of
engaging in, attempting to engage in, conspiring to enga ge in, or
soliciting, coercing, or intimidating another person to engage in
any of the above described conduct within another state, regardless
of whether said conduct is chargeable or indictable in that state;
11. "Real property" means any real property or any interest in
real property, including any lease of, or mortgage upon real
property. Real property and beneficial interest in real property
shall be deemed to be located where the real property is located;
12. "Trustee" includes trustees, a corporat e as well as a
natural person and a successor or substitute trustee in accordance
with the Oklahoma Trust Act; and
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13. "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is unenforceable
in the courts of Oklahoma, because the debt was incurred or
contracted in violation of a law relating to the business of
gambling activity or in violation of federal or state law but does
not include any debt owed to a bank, savings and loan association,
credit union or supervised lender licensed by the Oklahoma
Administrator of Consumer Credit or to any debt referred or assigned
to a debt collection agency, which referral or assignment is
accepted in good faith by the debt collection agency as a debt
collectible under the Uniform Commercial Code or other laws of this
state and enforceable in the courts of this state.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/17/2021 - DO PASS.