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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 4373 By: Ford, West (Tammy), and
Roberts (Eric) of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to crimes and punishments; amen ding
21 O.S. 2021, Sections 1435 and 1436, which r elate to
second and third degree burglary and related
penalties; modifying elements of certain prohibited
act; defining term; modifying penalty of third degree
burglary; and providing an effective date .
BE IT ENACTED BY THE PE OPLE 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 which there is at the time n o human
being present, or any commercial building or any part of any
building, room, booth, tent, railroad car or other structure or
erection in which any property is kept or breaks into or for cibly
opens, any coin operated coin-operated or vending machine or device
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with intent to steal any property therein 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,
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 of Corrections as follows:
1. Burglary in the first degree 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 Five Thousand Dollars ($5,000.00), or by
both such fine and impris onment.
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SECTION 3. This act shall become effective November 1, 2022.
58-2-3758 JES 4/4/2022 3:18:39 PM