Oklahoma 2022 Regular Session

Oklahoma House Bill HB2464 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2464 By: Lowe (Dick)
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38	38	AS INTRODUCED
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40	40	An Act relating to crimes and punishments; amending
41	41	21 O.S. 2011, Section 1312, which relates to criminal
42	42	penalties for particip ating in riots; updating
43	43	language; making certain act unlawful; providing
44	44	penalty; providing exemption from civil or criminal
45	45	liability for motor vehicle operators under certain
46	46	circumstances; providing for codification; and
47	47	providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 21 O.S. 2011, Section 1312, is
54	54	amended to read as follows:
55	55	Section 1312. Every person guilty of participating in any riot
56	56	is punishable as follows:
57	57	1. If any murder, maiming, robbery, rape or arson was committed
58	58	in the course of such riot, such person is punishable in the same
59	59	manner as a principal in such crime;
60	60	2. If the purpose of the riotous assembly was to resist the
61	61	execution of any statute of this state or of the United States, or
62	62	to obstruct any public officer of this state or of the United
63	63	States, in the performance of any legal duty, or in serving or
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90	90	executing any legal process, such person shall , upon conviction, be
91	91	guilty of a felony puni shable by imprisonment in the State
92	92	Penitentiary custody of the Department of Corrections for a term not
93	93	exceeding ten (10) years and not less than two (2) years;
94	94	3. If such person carried at the time of such riot any species
95	95	of firearms, or other deadly or dangerous weapon, or was disguised,
96	96	such person shall, upon conviction, be guilty of a felony punishable
97	97	by imprisonment in the State Penitentiary custody of the Department
98	98	of Corrections for a term not exceeding ten (10) years and not less
99	99	than two (2) years;
100	100	4. If such person directed, advised, encouraged or solicited
101	101	other persons, who participated in the riot , to acts of force or
102	102	violence, such person shall , upon conviction, be guilty of a felony
103	103	punishable by imprisonment in the State Penitentiary custody of the
104	104	Department of Corrections for a term not exceeding twenty (20) years
105	105	and not less than two (2) years; or
106	106	5. If such person intentionally obstructs traffic, such person
107	107	shall, upon conviction, be guilty of a felony punishable by
108	108	imprisonment in the custody of the Department of Corrections for a
109	109	term not exceeding five (5) years and not less than one (1) year.
110	110	In all other cases such person is punishable as for a
111	111	misdemeanor.
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138	138	SECTION 2. NEW LAW A new section of law to be codified
139	139	in the Oklahoma Statutes as Section 1320.11 of Title 21, unless
140	140	there is created a duplication in numbering, reads as follows:
141	141	If a person attempts to flee in a motor vehicle from an unlawful
142	142	riot or unlawful assembly, such person shall not be criminally or
143	143	civilly liable for any deaths or injuries to any individual
144	144	participating in the unlawful riot or unlawful assemblage that may
145	145	result if the person reasonably believed he or she or any occupant
146	146	of the motor vehicle was in danger.
147	147	SECTION 3. This act shall become effective November 1, 2021.
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149	149	58-1-6584 GRS 01/10/21