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ENGROSSED HOUSE
BILL NO. 4373 By: Ford, West (Tammy), and
Roberts (Eric) of the House
and
Weaver of the Senate
An Act relating to crimes and punishments ; amending
21 O.S. 2021, Sections 1435 and 1436, which relate to
second and third degree bu rglary and related
penalties; modifying elements of certain prohi bited
act; defining term; modifying penalty of third degree
burglary; and providing an effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1435, is
amended to read as follows:
Section 1435. A. Every person who breaks and enters the
dwelling house of another, in wh ich there is at the time no human
being present, or any com mercial building or any part o f any
building, room, booth, tent, railroad car or other s tructure or
erection in which any p roperty is kept or breaks into or forcibly
opens, any coin-operated or vending machine or device with intent to
steal any property th erein or to commit any felony, is guilty of
burglary in the second degree.
B. Every person who breaks and enters , climbs under, or uses
any jack stands or any other item to raise any automobile, truck,
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trailer or vessel of another, in which any property is kept, with
intent to steal:
1. Steal any property therein;
2. Steal any property attached thereto; or to commit
3. Commit any felony,
is guilty of burglary in the third degree.
C. As used in subsection B of this section, the term "property
attached thereto" includes, but is not limited to, tires, wheels ,
and catalytic converters.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1436, is
amended to read as follows:
Section 1436. Burglary is a felony punishable by imprisonment
in the custody of the Department o f Corrections as follows:
1. Burglary in the first degre e for any term not less than
seven (7) years nor more than twenty (20) years;
2. Burglary in the second degree not exceeding seven (7) years;
and
3. Burglary in the third degree not exceeding five (5) years,
or by a fine not exceeding Ten Thousand Dollar s ($10,000.00), or by
both such fine and imprisonment.
SECTION 3. This act shall become eff ective November 1, 2022.
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Passed the House of Representatives the 14th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate