Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1223 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB1223 HFLR Page 1
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	3	+	ENGR. S. B. NO. 1223 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	2nd Session of the 58th Legislature (2022)
34		-
35		-	COMMITTEE SUBSTITUTE
36		-	FOR ENGROSSED
37		-	SENATE BILL NO. 1223 By: Bullard of the Senate
	28	+	ENGROSSED SENATE
	29	+	BILL NO. 1223 By: Bullard of the Senate
38	30
39	31		and
40	32
41		-	Roberts (Dustin) ~~and Stark~~
42		-	~~of the~~ House
	33	+	Roberts (Dustin) of the
	34	+	House
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48		-
49		-	COMMITTEE SUBSTITUTE
50		-
51		-	An Act relating to offenses and penalties; amending 4
52		-	O.S. 2021, Section 801, which relates to public
	40	+	An Act relating to service animals; amending 4 O.S.
	41	+	2021, Section 801, which relates to public
53	42		accommodations; creating misdemeanor for improper use
54	43		of service animal; stating penalty; authorizing
55		-	certain signage; amending 21 O.S. 2021, Sections
56		-	1692.1, 1692.2, 1692 .3, 1692.4, and 1692.8, which
57		-	relate to penalties for cockfighting; modifying sco pe
58		-	of certain definition; reducing penalties for certain
59		-	lawful acts; updating sta tutory citations; amending
60		-	21 O.S. 2021, Section s 1719.2, 1162, 1229, 1282,
61		-	1289.18, 1506, and 1533, which relate to taking or
62		-	stealing exotic livestock, purchasing a dead body,
63		-	exhibition of livestock, felony use of a slung shot,
64		-	sawed-off shotguns and rifles, mock auctions, and
65		-	penalties for falsely ass erting authority; modifying
66		-	certain penalties; amending 37A O.S. 2021, Section 6-
67		-	115, which relates to the operation of a whiskey
68		-	still with intent to produce alcoholic be verages;
69		-	modifying certain penalties; amending 40 O.S. 2021,
70		-	Section 169, which relates to hiring arm ed guards
71		-	without a permit; modifying certain penalties;
72		-	amending 40 O.S. 2021, Section 182, which relates to
73		-	punishment for attempting to repa ir a steam boiler
74		-	under pressure; modifying certain penalties; amending
75		-	47 O.S. 2021, Section 4 -102, which relates to the
	44	+	certain signage; and providing an effective date .
76	45
77		-	SB1223 HFLR Page 2
78		-	BOLD FACE denotes Committee Amendments. 1
	46	+
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	48	+
	49	+
	50	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	51	+	SECTION 1. AMENDATORY 4 O.S. 2021, Section 801, is
	52	+	amended to read as follows:
	53	+	Section 801. A. For purposes of this section:
	54	+	1. The terms “place of public accommodation ”, “public
	55	+	accommodation” and “service animal” shall have the same meaning as
	56	+	such terms are defined in 28 C.F.R., Section 36.104. “Service
	57	+	animal” does not include an emotional support animal or a therapy
	58	+	animal;
	59	+	2. “Emotional support animal” means an animal select ed to
	60	+	reside with an individual with a dis ability that does not work or
	61	+	perform tasks for the benefit of an individual with a disability and
	62	+	does not accompany at all times an indivi dual with a disability; and
	63	+
	64	+	ENGR. S. B. NO. 1223 Page 2 1
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103		-	unauthorized use of a vehicle; modifying certain
104		-	penalties; amending 59 O.S. 2021, Section 328.49,
105		-	which relates to unlawful dental practices; modifying
106		-	certain penalties; a mending 59 O.S. 2021, Section
107		-	1335, which relates to the p enalty for incurring
108		-	forfeiture or failing to compl y with personal
109		-	recognizance; modifying certain penalties; and
110		-	providing an effective date .
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115		-	BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
116		-	SECTION 1. AMENDATORY 4 O.S. 2021, Section 801, is
117		-	amended to read as follows:
118		-	Section 801. A. For purposes of this section:
119		-	1. The terms "place of public accommodation ", "public
120		-	accommodation" and "service animal" shall have the same meaning as
121		-	such terms are defined in 28 C.F.R., Section 36.104. "Service
122		-	animal" does not include an emotional support animal or a therapy
123		-	animal;
124		-	2. "Emotional support animal" means an animal select ed to
125		-	reside with an individual with a dis ability that does not work or
126		-	perform tasks for the benefit of an individual with a disability and
127		-	does not accompany at all times an individual with a disability; and
128		-	3. "Therapy animal" means a personal pet who is certified to
	89	+	3. “Therapy animal” means a personal pet who is certified to
129	90		make therapeutic visits wi th a trained volunteer to places
130	91		including, but not limited to, nursing facilities, schools and
131	92		hospitals to bring therapeutic benefit, comf ort and cheer to others .
	93	+	B. A public accommodation may adopt a policy to prohibit
	94	+	animals, except service animals, from entering the place of public
	95	+	accommodation.
	96	+	C. A public accommodation which adopts such a policy shall post
	97	+	a sign in a conspicuous lo cation outside the entr ance of the place
	98	+	of public accommodation stating w hich animals or types of animals
	99	+	are prohibited. Such sign shall also state that service animals are
	100	+	permitted and may also include a statement pursuant to subparagraph
	101	+	a of paragraph 2 of subsection E of t his section.
	102	+	D. If a public accommodation inquires into the qualification of
	103	+	a service animal, the public accommodation shall comply with 28
	104	+	C.F.R., Section 36.302(c)(6).
	105	+	E. 1. Any person who is not an individual with a disability or
	106	+	is not trained to assist individuals with di sabilities, who uses a
	107	+	service animal in an attempt to gain treatment or benefits as an
	108	+	individual with a disability shall, upon conviction, be guilty of a
	109	+	misdemeanor punishable by a fine not more than Five Hundred Dollars
	110	+	($500.00).
	111	+	2. A public accommodation may post a sign inside or outside of
	112	+	the place of public accommodation stating:
132	113
133		-	SB1223 HFLR Page 3
134		-	BOLD FACE denotes Committee Amendments. 1
	114	+	ENGR. S. B. NO. 1223 Page 3 1
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159		-	B. A public accommodation may adopt a policy to prohibit
160		-	animals, except service animals, from entering the place of public
161		-	accommodation.
162		-	C. A public accommodation which adopts such a policy shall post
163		-	a sign in a conspicuous location outside the entr ance of the place
164		-	of public accommodation stating w hich animals or types of animals
165		-	are prohibited. Such sign shall also state that service animals are
166		-	permitted and may also include a statement pursuant to subparagraph
167		-	a of paragraph 2 of subsection E of t his section.
168		-	D. If a public accommodation inquires into the qualification of
169		-	a service animal, the public accommodation shall comply with 28
170		-	C.F.R., Section 36.302(c) (6).
171		-	E. 1. Any person who is not an individual with a disability or
172		-	is not trained to assist individuals with di sabilities who uses a
173		-	service animal in an attempt to gain treatment or benefits as an
174		-	individual with a disability shall, upon conviction, be guilty of a
175		-	misdemeanor punishable by a fine not more than Five Hundred Dollars
176		-	($500.00).
177		-	2. A public accommodation may post a sign inside or outside of
178		-	the place of public accommodation stating:
179	139		a. it is a crime under state law to misrepresent an
180	140		animal as a service animal, and
181	141		b. the penalty provided by paragraph 1 of this
182	142		subsection.
	143	+	SECTION 2. This act shall become effective November 1, 2022.
	144	+	Passed the Senate the 28th day of February, 2022.
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184		-	SB1223 HFLR Page 4
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210		-	SECTION 2. AMENDATORY 21 O.S. 2 021, Section 1692.1, is
211		-	amended to read as follows:
212		-	Section 1692.1 As used in this act:
213		-	A. 1. "Cockfight" or "cockfighting" is a fight between bir ds,
214		-	whether or not fitted with artificial spurs, knives, or gaffs, an d
215		-	whether or not bets or wagers are made on the outcome of the fight ,
216		-	and includes any training fight in which birds are intended or
217		-	encouraged to attack or fight with one another .
218		-	B. 2. "Equipment used for training or handling a fighting bird"
219		-	includes knives or gaffs, cages, pens, feeding appar atuses, training
220		-	pens and other relat ed devices and equipment, and is hereby declared
221		-	contraband and subject t o seizure.
222		-	SECTION 3. AMENDATORY 21 O.S. 2021, Secti on 1692.2, is
223		-	amended to read as follows:
224		-	Section 1692.2 Every person who willfully instigates or
225		-	encourages any cockfight, upon conviction, shall be guilty of a
226		-	felony misdemeanor. The penalty for a violation o f this section
227		-	shall be as provided in Sect ion 8 1692.8 of this act title.
228		-	SECTION 4. AMENDATORY 21 O.S. 2021, Section 169 2.3, is
229		-	amended to read as follows:
230		-	Section 1692.3 Every person who keep s or provides any pit,
231		-	building, or other place, or knowingly provides any equipment or
232		-	facilities to be used in permitting any cock fight, upon conviction,
233		-	shall be guilty of a felony misdemeanor. The penalty for a
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	148	+	Presiding Officer of the Senate
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261		-	violation of this section shall be as pr ovided in Section 8 1692.8
262		-	of this act title.
263		-	SECTION 5. AMENDATORY 21 O.S. 20 21, Section 1692.4, is
264		-	amended to read as follows:
265		-	Section 1692.4 Every person who does any act or performs any
266		-	service in the furtherance of or to facilitate any cockfight, upon
267		-	conviction, shall be guilty of a felony misdemeanor. Such
268		-	activities and services specifically prohibit ed by this section
269		-	include, but are not limited to :, promoting or refereeing of birds
270		-	at a cockfight, advertising a cock fight, or serving as a stakes
271		-	holder of any money wagered on any cockfight. The p enalty for a
272		-	violation of this section shall be as pro vided in Section 8 1692.8
273		-	of this act title.
274		-	SECTION 6. AMENDATORY 21 O .S. 2021, Section 1692.8, i s
275		-	amended to read as follows:
276		-	Section 1692.8 A. Every person who is guilty o f a felony under
277		-	any of the provisions of Sections 2, 3, 4, or 5 Section 1692.5 of
278		-	this act title shall be punished by imprisonment in the state
279		-	penitentiary custody of the Department of Corrections for not less
280		-	than one (1) year nor more than ten (10) yea rs, or shall be fined
281		-	not less than Two Thousand Dollars ($2,000.00) nor more than Twenty-
282		-	five Thousand Dollars ($25,000.00), or by both such fine and
283		-	imprisonment.
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	151	+	Passed the House of Representatives the ____ day of __________,
	152	+	2022.
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311		-	B. Every person who, upon conviction, is guilty of any of the
312		-	provisions of Section 6 Section 1692.2, 1692.3, or 1692.4 of this
313		-	act title shall be punished by imprisonment in the county jail for
314		-	not more than one (1) year, or shall be fined a fine not more than
315		-	exceeding Five Hundred Dollars ($500.00) , or by both such fine and
316		-	imprisonment. For a second conviction, the person shall be punished
317		-	by a fine not exceeding One Thousand Dollars ($1,000. 00). For a
318		-	third or subsequent conviction, the pe rson shall be punished by a
319		-	fine not exceeding Two Thousan d Dollars ($2,000.00).
320		-	SECTION 7. AMENDATORY 21 O.S. 2021, Section 1719.2, is
321		-	amended to read as follows:
322		-	Section 1719.2 A. Any person who shall take, steal or carry
323		-	away any exotic livestock, any person purchasing or receiving such
324		-	exotic livestock, knowing them to have been stolen, shall be deemed
325		-	guilty of grand larceny a misdemeanor, regardless of the value
326		-	thereof, and upon conviction thereof shall be punished by
327		-	imprisonment in the State Penitentiary a county jail for a term not
328		-	exceeding ten (10) years one (1) year, or by a fine not exceeding
329		-	Twenty Thousand Dollars ($20,000.00) , or by both such fine and
330		-	imprisonment.
331		-	B. For purposes of this section , the term "exotic livestock"
332		-	means commercially raised exotic livestock in cluding animals of the
333		-	families bovidae, cervidae and antilocapridae or birds of the ratite
334		-	group.
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362		-	SECTION 8. AMENDATORY 21 O.S. 2021, Section 1162, is
363		-	amended to read as follows:
364		-	Section 1162. Whoever purchases, or who receives, except for
365		-	the purpose of burial, any dead body of a human being, knowing the
366		-	same has been removed contrary to Section 1161 of this title , shall
367		-	be guilty of a felony misdemeanor punishable by imprisonment in the
368		-	State Penitentiary not exceeding five (5) years, or in a county jail
369		-	for a term not exceeding one (1) year, or by a fine not exceeding
370		-	Five Hundred Dollars ($500.00), or by both such fine and
371		-	imprisonment.
372		-	SECTION 9. AMENDATORY 21 O.S. 2021, Section 1229, is
373		-	amended to read as follows:
374		-	Section 1229. For livestock utilized for exhibition purposes,
375		-	it shall be unlawful for any person to inject into the livestock or
376		-	cause the livestock to ingest any drug, chemical or substance that
377		-	is not labeled for use on animals, or to a dminister any chemical or
378		-	substance used on livestock for the specific purpose of altering the
379		-	appearance of livestock or to alter the muscle or fat content of the
380		-	animal's carcass or to perform any surgical procedure to alter the
381		-	appearance of the livesto ck. Ordinary and customary veterinarian
382		-	procedures, including but not limited to dehorning, branding,
383		-	tagging or notching ears, castrating, dewormi ng, vaccinating or
384		-	docking the tail of farm animals , shall not be prohibi ted. Surgery
385		-	of any kind performed to change the natural contour or appearance of
	156	+	Presiding Officer of the House
	157	+	of Representatives
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413		-	the animal's body or hide, shall be prohibited by this section. Any
414		-	violation of the provisions of t his section shall be a misdemeanor,
415		-	upon conviction, punishable by a fin e of not less than One Thousand
416		-	Dollars ($1,000.00), nor more than Ten Thousand Dollars
417		-	($10,000.00), or by imprisonment in the county jail for a term not
418		-	less than thirty (30) days no r more than one (1) year, or by both
419		-	such fine and imprisonment. A seco nd or subsequent violation of the
420		-	provisions of this section shall be a felony misdemeanor, upon
421		-	conviction, punishable by a fine of not less than One Thousand
422		-	Dollars ($1,000.00), nor more than Ten Thousand Dollars
423		-	($10,000.00), or by imprisonment in the State Penitentiary a county
424		-	jail for a term not less than sixty (60) days nor more than one (1)
425		-	year nor more than five (5) years , or by both such fine and
426		-	imprisonment.
427		-	SECTION 10. AMENDATORY 21 O.S. 2021, Section 1282, is
428		-	amended to read as follows:
429		-	Section 1282.
430		-	FELONY USE OF A SLUNG SHOT
431		-	Any person who carries upon his or her person, whether concealed
432		-	or not, or uses or attempts to use against another, any instrum ent
433		-	or weapon of the kind usually known as slung shot, or of any s imilar
434		-	kind, shall be guilty of a felony misdemeanor.
435		-	SECTION 11. AMENDATORY 21 O.S. 2021, Section 1289.1 8, is
436		-	amended to read as follows:
437		-
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464		-	Section 1289.18
465		-	DEFINITIONS
466		-	A. "Sawed-off shotgun" shall mean any firearm capable of
467		-	discharging a series of projectiles of an y material which may
468		-	reasonably be expected to be able to cause lethal injury, with a
469		-	barrel or barrels less than eig hteen (18) inches in length, and
470		-	using a combustible propellant charge, but does not include any
471		-	weapon so designed with a barrel less than eighteen (18) inches in
472		-	length, provided it has an overall length of twenty -six (26) inches
473		-	or more.
474		-	B. "Sawed-off rifle" shall mean any rifle having a b arrel or
475		-	barrels of less than sixteen (16) inches in length or any weapon
476		-	made from a rifle (whether by alteration, modification, or
477		-	otherwise) if such a weapon as modified has an overall length of
478		-	less than twenty-six (26) inches in length, including the stock
479		-	portion.
480		-	C. Every person who knowingly has in his or her possession or
481		-	under his or her immediate control a sawed-off shotgun or a sawed -
482		-	off rifle, whether concealed or not, shall , upon conviction, be
483		-	guilty of a felony misdemeanor for the possession of such device,
484		-	and shall be punishable by a fine not to exceed One Thousand Dollars
485		-	($1,000.00), or imprisonment in the State Penitentiary a county jail
486		-	for a period not to exceed two (2) years one (1) year, or both such
487		-	fine and imprisonment.
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515		-	D. This section shall not apply to any firearm that is lawfully
516		-	possessed under federal law or t hat is otherwise not regulated as a
517		-	"firearm" pursuant to the National Firearms Act.
518		-	E. The term "firearm" as used in this section and in the
519		-	Oklahoma Firearms Act of 1971, shall not include an "antique
520		-	firearm" as defined in 18 U.S.C., Section 921 (2006).
521		-	SECTION 12. AMENDATORY 21 O.S. 20 21, Section 1506, is
522		-	amended to read as follows:
523		-	Section 1506. Any person who obtains any money or property from
524		-	another, or obtains the signature of another to any written
525		-	instrument, the false making of whi ch would be forgery, by means of
526		-	any false or fraudulent sale of property or pretende d property by
527		-	auction, or by any of the practices known as mock auctio ns, shall be
528		-	guilty of a felony misdemeanor punishable by imprison ment in the
529		-	State Penitentiary a county jail for a term not exceeding three (3)
530		-	years or in a county jail not exceeding one (1) year, or by a f ine
531		-	not exceeding One Thousand Dollars ($1,000. 00), or by both such fine
532		-	and imprisonment; and, in addition, the person forfeits any license
533		-	he or she may hold to act as an auctioneer, and is forever
534		-	disqualified from receiving a license to act as auctioneer with in
535		-	this state.
536		-	SECTION 13. AMENDATORY 21 O.S. 2021, Section 1533, is
537		-	amended to read as follows:
538		-
539		-	SB1223 HFLR Page 11
540		-	BOLD FACE denotes Committee Amendments. 1
541		-	2
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564		-
565		-	Section 1533. A. Except as provided in subsection B of this
566		-	section, every person who falsely personates any public officer,
567		-	civil or military, any firefighter, any law enf orcement officer, any
568		-	emergency medical technician or other emerge ncy medical care
569		-	provider, or any private individual having special authority by law
570		-	to perform any act affecting the rights or interests of another, or
571		-	who assumes, without authority, any u niform or badge by which such
572		-	officers or persons are usually dist inguished, and in such assumed
573		-	character does any act whereby another person is injured, defrauded,
574		-	harassed, vexed or annoyed, upon conviction, is guilty of a
575		-	misdemeanor punishable by impr isonment in the county jail not
576		-	exceeding six (6) months, or by a fine not exceeding Two Thousand
577		-	Dollars ($2,000.00), or by both such fine and imprisonment.
578		-	B. Every person who falsely personates any public officer or
579		-	any law enforcement officer in conne ction with or relating to any
580		-	sham legal process shall, upon convi ction, be guilty of a felony,
581		-	punishable by imprisonment in the custody of the Department of
582		-	Corrections for not more than two (2) years, or a fine not exceeding
583		-	Five Thousand Dollars ($5,00 0.00), or both such fine and
584		-	imprisonment.
585		-	C. Every person who fa lsely asserts authority of law not
586		-	provided for by federal or state law in connection with any sham
587		-	legal process shall, upon conviction, be guilty of a felony
588		-	misdemeanor, punishable by imprisonment in the custody of the
589		-
590		-	SB1223 HFLR Page 12
591		-	BOLD FACE denotes Committee Amendments. 1
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615		-
616		-	Department of Corrections a county jail for not more than two (2)
617		-	years one (1) year, or a fine not exceeding Five Thousand Dollars
618		-	($5,000.00), or both such fine and imprisonment.
619		-	D. Every person who, while acting falsely in asserting
620		-	authority of law, attempts to intimidate or hinder a public official
621		-	or law enforcement officer in the discharge of official duties by
622		-	means of threats, harassment, physical abuse, or use of sham legal
623		-	process shall, upon conviction, be guilty of a felony punishable by
624		-	imprisonment in the custody of the Depa rtment of Corrections for not
625		-	more than two (2) years, or a fine not exceeding Five Thousand
626		-	Dollars ($5,000.00), or both such fine and imprisonment.
627		-	E. Any person who, without authority un der federal or state
628		-	law, acts as a supreme court justice, a distr ict court judge, an
629		-	associate district judge, a special judge, a magistrate, a clerk of
630		-	the court or deputy, a notary public, a juror or other official
631		-	holding authority to determine a contr oversy or adjudicate the
632		-	rights or interests of others, or signs a document in such capacity,
633		-	shall, upon conviction, be guilty of a felony punishable by
634		-	imprisonment in the custody of the Department of Corrections for not
635		-	more than two (2) years, or a fin e not exceeding Five Thousand
636		-	Dollars ($5,000.00), or both such fi ne and imprisonment.
637		-	F. Every person who uses any motor vehicle or motor-driven
638		-	cycle usually distinguished as a law enforcement vehicle or equips
639		-	any motor vehicle or motor -driven cycle with any spot lamps, audible
640		-
641		-	SB1223 HFLR Page 13
642		-	BOLD FACE denotes Committee Amendments. 1
643		-	2
644		-	3
645		-	4
646		-	5
647		-	6
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649		-	8
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666		-
667		-	sirens, or flashing lights, in violatio n of Section 12-217, 12-218
668		-	or 12-227 of Title 47 of the Oklahoma Statutes, or in any other
669		-	manner uses any motor vehicle or motor -driven cycle:
670		-	1. Which, by markings that conform to or imi tate the markings
671		-	required or authorized in subsection B of Sectio n 151 of Title 47 of
672		-	the Oklahoma Statutes and used by the Oklahoma Highway Patrol
673		-	Division of the Department of Public Safety, conveys to any person
674		-	the impression or appearance that it is a vehicle of the Oklahoma
675		-	Highway Patrol shall, upon conviction, b e guilty of a misdemeanor
676		-	punishable by imprisonment in the county jail for not more than one
677		-	(1) year, or by a fine not exceeding Five Hundred Dollars ($500.00),
678		-	or both such fine and imprisonment; provided, nothing in this
679		-	paragraph shall be construed to prohibit the use of such a vehicle
680		-	for exhibitions, club activities, parades, and other functions of
681		-	public interest and which is not used on the public roads, streets,
682		-	and highways for reg ular transportation; or
683		-	2. For the purpose of falsely personating a law enforcement
684		-	officer and who in such assumed character commits any act whereby
685		-	another person is in jured, defrauded, harassed, vexed or annoyed
686		-	shall, upon conviction, be guilty of a f elony punishable by
687		-	imprisonment in the custody of the Department of Corrections not
688		-	exceeding ten (10) years, or by a fine not exceeding Ten Thousand
689		-	Dollars ($10,000.00) , or by both such fine and imprisonment.
690		-
691		-	SB1223 HFLR Page 14
692		-	BOLD FACE denotes Committee Amendments. 1
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694		-	3
695		-	4
696		-	5
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716		-
717		-	G. 1. Any person who displays or causes to be displayed the
718		-	words "State Police" alone or in conjunction wit h any other word or
719		-	words on any motor vehicle, badge, clothing, identification card, or
720		-	any other object or document with the intent to communicate peace
721		-	officer or investigating authority shall, upon conviction, be guilty
722		-	of a misdemeanor punishable by a fine not exceeding One Thousand
723		-	Dollars ($1,000.00). This paragraph shall not apply to any officer
724		-	with statewide investigatory or law enforcement authority.
725		-	2. Any person who displays or causes to display such words as
726		-	provided in this subsection for t he purpose of falsely personating a
727		-	law enforcement officer and as such commits any act whereby another
728		-	person is injured, defrauded, harassed, vexed or annoyed shall, upon
729		-	conviction, be guilty of a felony punishable by imprisonment in the
730		-	custody of the Department of Corrections not excee ding ten (10)
731		-	years, or by a fine not exceeding Ten Thousand Dollars ( $10,000.00),
732		-	or by both such fine and imprisonment.
733		-	H. As used in this section:
734		-	1. "Sham legal process" means the issuance, display, delivery,
735		-	distribution, reliance on as lawful autho rity, or other use of an
736		-	instrument that is not lawfully issued, wheth er or not the
737		-	instrument is produced for inspection or actually exists, and
738		-	purports to do any of the following:
739		-	a. to be a summons, subpoena, judgment , arrest warrant,
740		-	search warrant, or other order of a court recognized
741		-
742		-	SB1223 HFLR Page 15
743		-	BOLD FACE denotes Committee Amendments. 1
744		-	2
745		-	3
746		-	4
747		-	5
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766		-	24
767		-
768		-	by the laws of this state, a law e nforcement officer
769		-	commissioned pursuant to state or federal law or the
770		-	law of a federally recognized Indian tribe, or a
771		-	legislative, executive, or adm inistrative agency
772		-	established by state or federal law or the law of a
773		-	federally recognized Indian tribe,
774		-	b. to assert jurisdiction or authority over or determine
775		-	or adjudicate the legal or equitable status, rights,
776		-	duties, powers, or privileges of any per son or
777		-	property, or
778		-	c. to require or authorize the search, seizure,
779		-	indictment, arrest, trial, or sentenc ing of any person
780		-	or property; and
781		-	2. "Lawfully issued" means adopted, issued, or re ndered in
782		-	accordance with the applicable statutes, rules, regulati ons, and
783		-	ordinances of the United S tates, a state, or a political subdivision
784		-	of a state.
785		-	I. It shall not be a defense to a prosecution under subsection
786		-	B, C, D or E of this section that:
787		-	1. The recipient of the sham legal process did not accept or
788		-	believe in the authority falsely asserte d in the sham legal process;
789		-	2. The person violating subsection B, C, D or E of this section
790		-	does not believe in the jurisdiction or authority of this sta te or
791		-	of the United States government; or
792		-
793		-	SB1223 HFLR Page 16
794		-	BOLD FACE denotes Committee Amendments. 1
795		-	2
796		-	3
797		-	4
798		-	5
799		-	6
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817		-	24
818		-
819		-	3. The office the perso n violating subsection B, C, D or E of
820		-	this section purports to hold does not exist or is not an official
821		-	office recognized by state or federal law.
822		-	SECTION 14. AMENDATORY 37A O.S. 2021, Section 6 -115, is
823		-	amended to read as follows:
824		-	Section 6-115. Any person who shall operate a whiskey still
825		-	with intent to produce alcoholic beverages or any person who shall
826		-	carry on the business of a distiller without possessing a va lid and
827		-	existing distiller's license issued pursuant to the provis ions of
828		-	the Oklahoma Alcoholic Beve rage Control Act shall be guilty of a
829		-	felony misdemeanor and, upon conviction, be fined not less than Two
830		-	Thousand Five Hundred Dollars ($2,500.00) nor mor e than Five
831		-	Thousand Dollars ($5,000.00), or imprisoned in the State
832		-	Penitentiary a county jail for not more than three (3) years one (1)
833		-	year, or by both such fine and imp risonment.
834		-	SECTION 15. AMENDATORY 40 O.S. 2021, Section 169, is
835		-	amended to read as follows:
836		-	Section 169. Any person who shall hire, aid, abet or assist in
837		-	hiring through private detective agencies or otherwise, persons to
838		-	guard with arms or deadly weapons of any kind, other persons or
839		-	property, or any person who shall come into this state armed with
840		-	deadly weapons of any kind f or any such purpose, without a permi t,
841		-	in writing, from the Governor, shall be guilty of a felony
842		-	misdemeanor, and on conviction thereof shall be imprisoned in the
843		-
844		-	SB1223 HFLR Page 17
845		-	BOLD FACE denotes Committee Amendments. 1
846		-	2
847		-	3
848		-	4
849		-	5
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868		-	24
869		-
870		-	State Penitentiary a county jail for not less more than one (1) year
871		-	nor more than five (5) years. Provided, that nothing herei n
872		-	contained shall be construed to interfere with the right of any
873		-	person, corporations, society, association or organization in
874		-	guarding and protecting their property as provided b y law; but this
875		-	section shall be constru ed only to apply in cases where work men are
876		-	brought into the state or induced to go from one place to anot her in
877		-	the state by any false pretenses, false advertising, or deceptive
878		-	representation, or brought into the s tate under arms or removed from
879		-	one place to another in the state under arms .
880		-	SECTION 16. AMENDATORY 40 O.S. 2021, Sectio n 182, is
881		-	amended to read as follows:
882		-	Section 182. Any officer, superintendent, for eman, boss, or
883		-	other person in authority, who, on behalf of any ra ilroad,
884		-	corporation, or any other pe rson, firm or corporation, using steam
885		-	boilers, violating any of the p rovisions of Section 181 of this
886		-	title, shall be deemed guilty of a felony, misdemeanor and shall,
887		-	upon conviction, be punished by imprisonment in a county jail for a
888		-	period of not less more than one (1) year nor more than two (2)
889		-	years.
890		-	SECTION 17. AMENDATORY 47 O.S. 2021, Section 4 -102, is
891		-	amended to read as fol lows:
892		-	Section 4-102. A. A person not entitled to possession of a
893		-	vehicle who, without the consent of the owner and with intent to
894		-
895		-	SB1223 HFLR Page 18
896		-	BOLD FACE denotes Committee Amendments. 1
897		-	2
898		-	3
899		-	4
900		-	5
901		-	6
902		-	7
903		-	8
904		-	9
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919		-	24
920		-
921		-	deprive the owner, temporarily or otherw ise, of the vehicle or its
922		-	possession, takes, uses or drives the vehicle shall, upon
923		-	conviction, be guilty of a felony misdemeanor punishable by
924		-	imprisonment in the custody of the Depart ment of Corrections a
925		-	county jail for a term not to exceed two (2) years one (1) year.
926		-	B. A person not entitled to possession of an implement of
927		-	husbandry who, without the consent of the owner and with intent to
928		-	deprive the owner, temporarily or otherwise , of the implement of
929		-	husbandry or its possession, takes, uses or driv es the implement of
930		-	husbandry shall, upon conviction, be guilty of a felony punishab le
931		-	in accordance with the provisions of Section 17 -102 of this title.
932		-	SECTION 18. AMENDATORY 59 O.S. 2021, Section 328.49, is
933		-	amended to read as fo llows:
934		-	Section 328.49 A. The Board of Dentistry shall be responsible
935		-	for the enforcement of the provisions of the State Dental Act
936		-	against all persons who are in violation thereof, inc luding, but not
937		-	limited to, individuals who practice or attempt to pra ctice
938		-	dentistry or dental hygiene without proper authorization from the
939		-	Board.
940		-	B. 1. It shall be unlawful for any person, except a licensed
941		-	dentist, to:
942		-	a. practice or attempt to pract ice dentistry,
943		-	b. hold oneself out to the public as a dentist or as a
944		-	person who practices dentistry, or
945		-
946		-	SB1223 HFLR Page 19
947		-	BOLD FACE denotes Committee Amendments. 1
948		-	2
949		-	3
950		-	4
951		-	5
952		-	6
953		-	7
954		-	8
955		-	9
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967		-	21
968		-	22
969		-	23
970		-	24
971		-
972		-	c. employ or use the words "Doctor" or "Dentist", or the
973		-	letters "D.D.S." or "D.M.D.", or any modification or
974		-	derivative thereof, when such use is inte nded to give
975		-	the impression that the person is a dentist.
976		-	2. It shall be unlawful for any person, except a registered
977		-	dental hygienist, to:
978		-	a. practice or attempt to practice dental hygiene,
979		-	b. hold oneself out to the p ublic as a dental hygienist
980		-	or as a person who practices dental hygiene, or
981		-	c. employ or use the words "Registered Dental Hygienist",
982		-	or the letters "R.D.H.", or any modification or
983		-	derivative thereof, when such use is intended to give
984		-	the impression that the person is a dental hygienist.
985		-	3. It shall be unlawful for any person to:
986		-	a. give false or fraudulent evidence or information to
987		-	the Board in an attempt to obtain any license or
988		-	permit from the Board, or
989		-	b. aid or abet another person in violation of th e State
990		-	Dental Act.
991		-	4. Each day a person is in violation of any provision of this
992		-	subsection shall consti tute a separate criminal offense and, in
993		-	addition, the district attorney may file a separate charge of
994		-	medical battery for each person who is injured as a result of
995		-	treatment performed i n violation of this subsection.
996		-
997		-	SB1223 HFLR Page 20
998		-	BOLD FACE denotes Committee Amendments. 1
999		-	2
1000		-	3
1001		-	4
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1022		-
1023		-	C. 1. If a person violates any of th e provisions of subsection
1024		-	B of this section, the Board shall refer the alleged viol ation to
1025		-	the district attorney of the county in which the violatio n is
1026		-	alleged to have occurred to bri ng a criminal action in that county
1027		-	against the person. At the reques t of the Board, district attorney
1028		-	or Attorney General, attorneys employed or contrac ted by the Board
1029		-	may assist the district attorney or Attorney Gene ral in prosecuting
1030		-	charges under the State Dental Act or any violation of law relating
1031		-	to or arising from an investigation conducted by the B oard of
1032		-	Dentistry upon approval of the Board or t he Executive Director.
1033		-	2. Any person who violates any of the prov isions of paragraph 1
1034		-	or 3 of subsection B of this section, upon conviction, shall be
1035		-	guilty of a felony punishable by a fine in an amount no t less than
1036		-	One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars
1037		-	($10,000.00), or by imprisonment in the county jail for a term of
1038		-	not more than one (1) year or imprisonment in the custody of the
1039		-	Department of Corrections for a term of not more than four (4)
1040		-	years, or by both such fine and imprisonment.
1041		-	Any person who violates any of the provisions of pa ragraph 2 of
1042		-	subsection B of this se ction, upon conviction, shall be guilty of a
1043		-	misdemeanor punishable by a fine in an amount not less than Five
1044		-	Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred
1045		-	Dollars ($2,500.00), or by imprisonment in t he county jail for a
1046		-	term of not more than ninety (90) days, or by both such fine and
1047		-
1048		-	SB1223 HFLR Page 21
1049		-	BOLD FACE denotes Committee Amendments. 1
1050		-	2
1051		-	3
1052		-	4
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1054		-	6
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1073		-
1074		-	imprisonment. Any s econd or subsequent violation of pa ragraph 2 of
1075		-	subsection B of this section, upon c onviction, shall be a felony
1076		-	misdemeanor punishable by a fine in a n amount not less than One
1077		-	Thousand Five Hundred Dollars ($1,500.00) nor more than Five
1078		-	Thousand Dollars ($5,000.00), or by imprisonment in t he county jail
1079		-	for a term of not more than one (1 ) year or imprisonment in the
1080		-	custody of the Department of Correct ions for a term of not more than
1081		-	two (2) years, or by both such fine and impri sonment.
1082		-	D. The Board may initiate a civil action, pursuant to Chapter
1083		-	24 of Title 12 of the Oklahoma Statutes, seeking a temporary
1084		-	restraining order or injunction, without bond , commanding a person
1085		-	to refrain from engaging in conduct which constitutes a violation of
1086		-	any of the provisions of subsection B of this sect ion. In a civil
1087		-	action filed pursuant to this su bsection, the prevailing party shall
1088		-	be entitled to recover costs and reasonable attorney fees.
1089		-	E. In addition to any other penalties provided herein, any
1090		-	person found guilty of contempt of court by reason of the violation
1091		-	of any injunction prohibiting th e unlicensed practice of dentistry
1092		-	now in effect or hereafter ente red pursuant to any provision of the
1093		-	State Dental Act or any preceding state d ental act, shall be
1094		-	punished by imprisonment in the county jail for a term of not less
1095		-	than thirty (30) days nor more than one (1) year, and by a fine of
1096		-	not less than Five Hundr ed Dollars ($500.00) nor more than O ne
1097		-	Thousand Dollars ($1,000.00). The cour t may also require the
1098		-
1099		-	SB1223 HFLR Page 22
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1125		-	defendant to furnish a good and sufficient bond in a penal sum to be
1126		-	set by the court, no t less than One Thousand Dollars ($1,000.00),
1127		-	which shall be condi tioned upon future compliance in all particulars
1128		-	with the injunction entered, and in the event of failure of the
1129		-	defendant to furnish such bo nd when so ordered, the defendant shall
1130		-	be confined in the county jail pending compliance therewith. Such
1131		-	bond shall be mandatory as to any person her eafter found guilty of a
1132		-	second contempt of court for violation of any injunction entered
1133		-	pursuant to the State Dental Act, or any preceding state dental act.
1134		-	SECTION 19. AMENDATORY 59 O.S. 2021, Section 1335, is
1135		-	amended to read as follows:
1136		-	Section 1335. Whoever, having been admitted to bail for
1137		-	appearance before any district court in the State of Oklahoma , (1)
1138		-	incurs a forfeiture of the bail and willfully fails t o surrender
1139		-	himself or herself within thirty (30) days following the date of
1140		-	such forfeiture, or (2) willfully fails to comply with the terms of
1141		-	his or her personal recognizance, shall be guilty of a felony
1142		-	misdemeanor and shall be fined not more than Five Thousand Dollars
1143		-	($5,000.00), or imprisoned in a county jail for a term of not more
1144		-	than two (2) years one (1) year, or both.
1145		-	SECTION 20. This act shall become effective November 1, 2022.
1146		-
1147		-	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
1148		-	dated 04/14/2022 - DO PASS, As Amended and Coauthored.