An Act
ENROLLED HOUSE
BILL NO. 4373 By: Ford, West (Tammy), and
Roberts (Eric) of the House
and
Weaver of the Senate
An Act relating to burglary; amending 21 O.S 2021,
Sections 1435 and 14 36, which relate to second-degree
burglary and penalties; modif ying elements of certain
offense; defining term; modifying punishment for
certain offense; and providing an effective date.
SUBJECT: Burglary
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
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 ENR. H. B. NO. 4373 Page 2
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 limi ted 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 fiv e (5) years,
or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by
both such fine and impris onment.
SECTION 3. This act shall become effective November 1, 2022.
ENR. H. B. NO. 4373 Page 3
Passed the House of Representatives the 9th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_______________________________ __
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________