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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2544 By: Stinson and Sims
AS INTRODUCED
An Act relating to elder abuse; amending 21 O.S.
2011, Section 13.1, as last amended by Section 1,
Chapter 290, O.S.L. 2015 (21 O.S. Supp. 2020, Section
13.1) and 57 O.S. 2011, Section 571, as last amended
by Section 1, Chapter 28, O.S.L. 2020 (57 O.S. Supp.
2020, Section 571), which relate to crimes; modifying
requirement; updating statutory reference; modifying
definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 13.1, as
last amended by Section 1, Chapter 290, O.S.L. 2015 (21 O.S. Supp.
2020, Section 13.1), is amended to read as follows:
Section 13.1 Persons convicted of:
1. First degree murder as defined in Section 701.7 of this
title;
2. Second degree murder as defined by Section 701.8 of this
title;
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3. Manslaughter in the first degree as defined by Section 711
of this title;
4. Poisoning with intent to kill as defined by Section 651 of
this title;
5. Shooting with intent to kill, use of a vehicle to facilitate
use of a firearm, crossbow or other weapon, assault, battery, or
assault and battery with a deadly weapon or by other means likely to
produce death or great bodily harm, as provided for in Section 652
of this title;
6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as defined by Section 800 of this title;
8. Robbery with a dangerous weapon as defined in Section 801 of
this title;
9. First degree robbery as defined in Section 797 of this
title;
10. First degree rape as provided for in Section 1111, 1 114 or
1115 of this title;
11. First degree arson as defined in Section 1401 of this
title;
12. First degree burglary as provided for in Section 1436 of
this title;
13. Bombing as defined in Section 1767.1 of this title;
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14. Any crime against a child p rovided for in Section 843.5 of
this title;
15. Forcible sodomy as defined in Section 888 of this title;
16. Child pornography or aggravated child pornography as
defined in Section 1021.2, 1021.3, 1024.1, 1024.2 or 1040.12a of
this title;
17. Child prostitution as defined in Section 1030 of this
title;
18. Lewd molestation of a child as defined in Section 1123 of
this title;
19. Abuse of a vulnerable adult as defined in Section 10 -103 of
Title 43A of the Oklahoma Statutes who is a resident of a nursing
facility;
20. Aggravated trafficking as provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery upon any person defending
another person from assault and battery; or
22. Human trafficking a s provided for in Section 748 of this
title,
shall be required to serve not less than eighty -five percent (85%)
of any sentence of imprisonment imposed by the judicial system prior
to becoming eligible for consideration for parole. Persons
convicted of these offenses shall not be eligible for earned credits
or any other type of credits which have the effect of reducing the
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length of the sentence to less than eighty -five percent (85%) of the
sentence imposed.
SECTION 2. AMENDATORY 57 O.S. 2011, Section 571, as last
amended by Section 1, Chapter 28, O.S.L. 2020 (57 O.S. Supp. 2020,
Section 571), is amended to read as follows:
Section 571. As used in the Oklahoma Statutes, unless another
definition is specified:
1. "Capacity" means the actual available bedspace as certified
by the State Board of Corrections subject to applicable federal and
state laws and the rules and regulations promulgated under such
laws; and
2. "Violent crime" means any of the following felony offenses
and any attempts to commit or conspiracy or solicitation to commit
the following crimes:
a. assault, battery, or assault and battery with a
dangerous or deadly weapon, as provided for in
Sections 645 and 652 of Title 21 of the Oklahoma
Statutes,
b. assault, battery, or assault and battery with a deadly
weapon or by other means likely to produce death or
great bodily harm, as provided for in Section 652 of
Title 21 of the Oklahoma Statutes,
c. aggravated assault and battery on a police officer,
sheriff, highway patr olman, or any other officer of
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the law, as provided for in Section 650 of Title 21 of
the Oklahoma Statutes,
d. poisoning with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes,
e. shooting with intent to kill, as provided for in
Section 652 of Title 21 of the Oklahoma Statutes,
f. assault with intent to kill, as provided for in
Section 653 of Title 21 of the Oklahoma Statutes,
g. assault with intent to commit a felony, as provided
for in Section 681 of Title 21 of the Okla homa
Statutes,
h. assaults with a dangerous weapon while masked or
disguised, as provided for in Section 1303 of Title 21
of the Oklahoma Statutes,
i. murder in the first degree, as provided for in Section
701.7 of Title 21 of the Oklahoma Statutes,
j. murder in the second degree, as provided for in
Section 701.8 of Title 21 of the Oklahoma Statutes,
k. manslaughter in the first degree, as provided for in
Section 711 of Title 21 of the Oklahoma Statutes,
l. manslaughter in the second degree, as provided for in
Section 716 of Title 21 of the Oklahoma Statutes,
m. kidnapping, as provided for in Section 741 of Title 21
of the Oklahoma Statutes,
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n. burglary in the first degree, as provided for in
Section 1431 of Title 21 of the Oklahoma Statutes,
o. burglary with explosives, as provided for in Section
1441 of Title 21 of the Oklahoma Statutes,
p. kidnapping for extortion, as provided for in Section
745 of Title 21 of the Oklahoma Statutes,
q. maiming, as provided for in Section 751 of Title 21 of
the Oklahoma Statutes,
r. robbery, as provided for in Section 791 of Title 21 of
the Oklahoma Statutes,
s. robbery in the first degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
t. robbery in the second degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
u. armed robbery, as provided for in Section 801 of Title
21 of the Oklahoma Statutes,
v. robbery by two or more persons, as provided for in
Section 800 of Title 21 of the Oklahoma Statutes,
w. robbery with dangerous weapon or imitation firearm, as
provided for in Section 801 of Title 21 of the
Oklahoma Statutes,
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x. child abuse, as provided for in Section 843.5 of Title
21 of the Oklahoma Statutes,
y. wiring any equipment, vehicle or structure with
explosives, as provided for in Section 849 of Title 21
of the Oklahoma Statutes,
z. forcible sodomy, as provided for in Section 888 of
Title 21 of the Oklahoma Statutes,
aa. rape in the first degree, as provided for in Section
1114 of Title 21 of the Oklahoma Stat utes,
bb. rape in the second degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
cc. rape by instrumentation, as provided for in Section
1111.1 of Title 21 of the Oklahoma Statutes,
dd. lewd or indecent proposition or lewd or inde cent act
with a child under sixteen (16) years of age, as
provided for in Section 1123 of Title 21 of the
Oklahoma Statutes,
ee. use of a firearm or offensive weapon to commit or
attempt to commit a felony, as provided for in Section
1287 of Title 21 of th e Oklahoma Statutes,
ff. pointing firearms, as provided for in Section 1279
1289.16 of Title 21 of the Oklahoma Statutes,
gg. rioting, as provided for in Section 1311 of Title 21
of the Oklahoma Statutes,
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hh. inciting to riot, as provided for in Section 13 20.2 of
Title 21 of the Oklahoma Statutes,
ii. arson in the first degree, as provided for in Section
1401 of Title 21 of the Oklahoma Statutes,
jj. injuring or burning public buildings, as provided for
in Section 349 of Title 21 of the Oklahoma Statutes,
kk. sabotage, as provided for in Section 1262 of Title 21
of the Oklahoma Statutes,
ll. criminal syndicalism, as provided for in Section 1261
of Title 21 of the Oklahoma Statutes,
mm. extortion, as provided for in Section 1481 of Title 21
of the Oklahoma Statutes,
nn. obtaining signature by extortion, as provided for in
Section 1485 of Title 21 of the Oklahoma Statutes,
oo. seizure of a bus, discharging firearm or hurling
missile at bus, as provided for in Section 1903 of
Title 21 of the Oklahoma Statutes,
pp. mistreatment of a mental patient, as provided for in
Section 843.1 of Title 21 of the Oklahoma Statutes,
qq. using a vehicle to facilitate the discharge of a
weapon pursuant to Section 652 of Title 21 of the
Oklahoma Statutes,
rr. bombing offenses as de fined in Section 1767.1 of Title
21 of the Oklahoma Statutes,
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ss. child pornography or aggravated child pornography as
defined in Section 1021.2, 1021.3, 1024.1 or 1040.12a
of Title 21 of the Oklahoma Statutes,
tt. child prostitution as defined in Section 1030 of Title
21 of the Oklahoma Statutes,
uu. abuse of a vulnerable adult as defined in Section 10 -
103 of Title 43A of the Oklahoma Statutes who is a
resident of a nursing facility ,
vv. aggravated trafficking as provided for in subsection C
of Section 2-415 of Title 63 of the Oklahoma Statutes,
ww. aggravated assault and battery upon any person
defending another person from assault and battery, as
provided for in Section 646 of Title 21 of the
Oklahoma Statutes,
xx. human trafficking, as provided for in Se ction 748 of
Title 21 of the Oklahoma Statutes,
yy. terrorism crimes as provided in Section 1268 et seq.
of Title 21 of the Oklahoma Statutes,
zz. eluding a peace officer, as provided for in subsection
B or C of Section 540A of Title 21 of the Oklahoma
Statutes, or
aaa. domestic abuse by strangulation, domestic assault with
a dangerous weapon, domestic assault and battery with
a dangerous weapon, or domestic assault and battery
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with a deadly weapon, as provided for in Section 644
of Title 21 of the Oklahoma Statutes.
Such offenses shall constitute exceptions to nonviolent offenses
pursuant to Article VI, Section 10 of the Oklahoma Constitution.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JU DICIARY - CRIMINAL, dated
02/25/2021 - DO PASS, As Coauthored.