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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1223 By: Bullard of the Senate
and
Roberts (Dustin) and Stark
of the House
COMMITTEE SUBSTITUTE
An Act relating to offenses and penalties; amending 4
O.S. 2021, Section 801, which relates to public
accommodations; creating misdemeanor for improper use
of service animal; stating penalty; authorizing
certain signage; amending 21 O.S. 2021, Sections
1692.1, 1692.2, 1692 .3, 1692.4, and 1692.8, which
relate to penalties for cockfighting; modifying sco pe
of certain definition; reducing penalties for certain
lawful acts; updating sta tutory citations; amending
21 O.S. 2021, Section s 1719.2, 1162, 1229, 1282,
1289.18, 1506, and 1533, which relate to taking or
stealing exotic livestock, purchasing a dead body,
exhibition of livestock, felony use of a slung shot,
sawed-off shotguns and rifles, mock auctions, and
penalties for falsely ass erting authority; modifying
certain penalties; amending 37A O.S. 2021, Section 6-
115, which relates to the operation of a whiskey
still with intent to produce alcoholic be verages;
modifying certain penalties; amending 40 O.S. 2021,
Section 169, which relates to hiring arm ed guards
without a permit; modifying certain penalties;
amending 40 O.S. 2021, Section 182, which relates to
punishment for attempting to repa ir a steam boiler
under pressure; modifying certain penalties; amending
47 O.S. 2021, Section 4 -102, which relates to the
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unauthorized use of a vehicle; modifying certain
penalties; amending 59 O.S. 2021, Section 328.49,
which relates to unlawful dental practices; modifying
certain penalties; a mending 59 O.S. 2021, Section
1335, which relates to the p enalty for incurring
forfeiture or failing to compl y with personal
recognizance; modifying certain penalties; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 4 O.S. 2021, Section 801, is
amended to read as follows:
Section 801. A. For purposes of this section:
1. The terms "place of public accommodation ", "public
accommodation" and "service animal" shall have the same meaning as
such terms are defined in 28 C.F.R., Section 36.104. "Service
animal" does not include an emotional support animal or a therapy
animal;
2. "Emotional support animal" means an animal select ed to
reside with an individual with a dis ability that does not work or
perform tasks for the benefit of an individual with a disability and
does not accompany at all times an individual with a disability; and
3. "Therapy animal" means a personal pet who is certified to
make therapeutic visits wi th a trained volunteer to places
including, but not limited to, nursing facilities, schools and
hospitals to bring therapeutic benefit, comfort and cheer to others .
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B. A public accommodation may adopt a policy to prohibit
animals, except service animals, from entering the place of public
accommodation.
C. A public accommodation which adopts such a policy shall post
a sign in a conspicuous location outside the entr ance of the place
of public accommodation stating w hich animals or types of animals
are prohibited. Such sign shall also state that service animals are
permitted and may also include a statement pursuant to subparagraph
a of paragraph 2 of subsection E of t his section.
D. If a public accommodation inquires into the qualification of
a service animal, the public accommodation shall comply with 28
C.F.R., Section 36.302(c) (6).
E. 1. Any person who is not an individual with a disability or
is not trained to assist individuals with di sabilities who uses a
service animal in an attempt to gain treatment or benefits as an
individual with a disability shall, upon conviction, be guilty of a
misdemeanor punishable by a fine not more than Five Hundred Dollars
($500.00).
2. A public accommodation may post a sign inside or outside of
the place of public accommodation stating:
a. it is a crime under state law to misrepresent an
animal as a service animal, and
b. the penalty provided by paragraph 1 of this
subsection.
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SECTION 2. AMENDATORY 21 O.S. 2 021, Section 1692.1, is
amended to read as follows:
Section 1692.1 As used in this act:
A. 1. "Cockfight" or "cockfighting" is a fight between bir ds,
whether or not fitted with artificial spurs, knives, or gaffs, an d
whether or not bets or wagers are made on the outcome of the fight ,
and includes any training fight in which birds are intended or
encouraged to attack or fight with one another .
B. 2. "Equipment used for training or handling a fighting bird"
includes knives or gaffs, cages, pens, feeding appar atuses, training
pens and other relat ed devices and equipment, and is hereby declared
contraband and subject t o seizure.
SECTION 3. AMENDATORY 21 O.S. 2021, Secti on 1692.2, is
amended to read as follows:
Section 1692.2 Every person who willfully instigates or
encourages any cockfight, upon conviction, shall be guilty of a
felony misdemeanor. The penalty for a violation o f this section
shall be as provided in Sect ion 8 1692.8 of this act title.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 169 2.3, is
amended to read as follows:
Section 1692.3 Every person who keep s or provides any pit,
building, or other place, or knowingly provides any equipment or
facilities to be used in permitting any cock fight, upon conviction,
shall be guilty of a felony misdemeanor. The penalty for a
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violation of this section shall be as pr ovided in Section 8 1692.8
of this act title.
SECTION 5. AMENDATORY 21 O.S. 20 21, Section 1692.4, is
amended to read as follows:
Section 1692.4 Every person who does any act or performs any
service in the furtherance of or to facilitate any cockfight, upon
conviction, shall be guilty of a felony misdemeanor. Such
activities and services specifically prohibit ed by this section
include, but are not limited to :, promoting or refereeing of birds
at a cockfight, advertising a cock fight, or serving as a stakes
holder of any money wagered on any cockfight. The p enalty for a
violation of this section shall be as pro vided in Section 8 1692.8
of this act title.
SECTION 6. AMENDATORY 21 O .S. 2021, Section 1692.8, i s
amended to read as follows:
Section 1692.8 A. Every person who is guilty o f a felony under
any of the provisions of Sections 2, 3, 4, or 5 Section 1692.5 of
this act title shall be punished by imprisonment in the state
penitentiary custody of the Department of Corrections for not less
than one (1) year nor more than ten (10) yea rs, or shall be fined
not less than Two Thousand Dollars ($2,000.00) nor more than Twenty-
five Thousand Dollars ($25,000.00), or by both such fine and
imprisonment.
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B. Every person who, upon conviction, is guilty of any of the
provisions of Section 6 Section 1692.2, 1692.3, or 1692.4 of this
act title shall be punished by imprisonment in the county jail for
not more than one (1) year, or shall be fined a fine not more than
exceeding Five Hundred Dollars ($500.00) , or by both such fine and
imprisonment. For a second conviction, the person shall be punished
by a fine not exceeding One Thousand Dollars ($1,000. 00). For a
third or subsequent conviction, the pe rson shall be punished by a
fine not exceeding Two Thousan d Dollars ($2,000.00).
SECTION 7. AMENDATORY 21 O.S. 2021, Section 1719.2, is
amended to read as follows:
Section 1719.2 A. Any person who shall take, steal or carry
away any exotic livestock, any person purchasing or receiving such
exotic livestock, knowing them to have been stolen, shall be deemed
guilty of grand larceny a misdemeanor, regardless of the value
thereof, and upon conviction thereof shall be punished by
imprisonment in the State Penitentiary a county jail for a term not
exceeding ten (10) years one (1) year, or by a fine not exceeding
Twenty Thousand Dollars ($20,000.00) , or by both such fine and
imprisonment.
B. For purposes of this section , the term "exotic livestock"
means commercially raised exotic livestock in cluding animals of the
families bovidae, cervidae and antilocapridae or birds of the ratite
group.
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SECTION 8. AMENDATORY 21 O.S. 2021, Section 1162, is
amended to read as follows:
Section 1162. Whoever purchases, or who receives, except for
the purpose of burial, any dead body of a human being, knowing the
same has been removed contrary to Section 1161 of this title , shall
be guilty of a felony misdemeanor punishable by imprisonment in the
State Penitentiary not exceeding five (5) years, or in a county jail
for a term not exceeding one (1) year, or by a fine not exceeding
Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
SECTION 9. AMENDATORY 21 O.S. 2021, Section 1229, is
amended to read as follows:
Section 1229. For livestock utilized for exhibition purposes,
it shall be unlawful for any person to inject into the livestock or
cause the livestock to ingest any drug, chemical or substance that
is not labeled for use on animals, or to a dminister any chemical or
substance used on livestock for the specific purpose of altering the
appearance of livestock or to alter the muscle or fat content of the
animal's carcass or to perform any surgical procedure to alter the
appearance of the livesto ck. Ordinary and customary veterinarian
procedures, including but not limited to dehorning, branding,
tagging or notching ears, castrating, dewormi ng, vaccinating or
docking the tail of farm animals , shall not be prohibi ted. Surgery
of any kind performed to change the natural contour or appearance of
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the animal's body or hide, shall be prohibited by this section. Any
violation of the provisions of t his section shall be a misdemeanor,
upon conviction, punishable by a fin e of not less than One Thousand
Dollars ($1,000.00), nor more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the county jail for a term not
less than thirty (30) days no r more than one (1) year, or by both
such fine and imprisonment. A seco nd or subsequent violation of the
provisions of this section shall be a felony misdemeanor, upon
conviction, punishable by a fine of not less than One Thousand
Dollars ($1,000.00), nor more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the State Penitentiary a county
jail for a term not less than sixty (60) days nor more than one (1)
year nor more than five (5) years , or by both such fine and
imprisonment.
SECTION 10. AMENDATORY 21 O.S. 2021, Section 1282, is
amended to read as follows:
Section 1282.
FELONY USE OF A SLUNG SHOT
Any person who carries upon his or her person, whether concealed
or not, or uses or attempts to use against another, any instrum ent
or weapon of the kind usually known as slung shot, or of any s imilar
kind, shall be guilty of a felony misdemeanor.
SECTION 11. AMENDATORY 21 O.S. 2021, Section 1289.1 8, is
amended to read as follows:
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Section 1289.18
DEFINITIONS
A. "Sawed-off shotgun" shall mean any firearm capable of
discharging a series of projectiles of an y material which may
reasonably be expected to be able to cause lethal injury, with a
barrel or barrels less than eig hteen (18) inches in length, and
using a combustible propellant charge, but does not include any
weapon so designed with a barrel less than eighteen (18) inches in
length, provided it has an overall length of twenty -six (26) inches
or more.
B. "Sawed-off rifle" shall mean any rifle having a b arrel or
barrels of less than sixteen (16) inches in length or any weapon
made from a rifle (whether by alteration, modification, or
otherwise) if such a weapon as modified has an overall length of
less than twenty-six (26) inches in length, including the stock
portion.
C. Every person who knowingly has in his or her possession or
under his or her immediate control a sawed-off shotgun or a sawed -
off rifle, whether concealed or not, shall , upon conviction, be
guilty of a felony misdemeanor for the possession of such device,
and shall be punishable by a fine not to exceed One Thousand Dollars
($1,000.00), or imprisonment in the State Penitentiary a county jail
for a period not to exceed two (2) years one (1) year, or both such
fine and imprisonment.
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D. This section shall not apply to any firearm that is lawfully
possessed under federal law or t hat is otherwise not regulated as a
"firearm" pursuant to the National Firearms Act.
E. The term "firearm" as used in this section and in the
Oklahoma Firearms Act of 1971, shall not include an "antique
firearm" as defined in 18 U.S.C., Section 921 (2006).
SECTION 12. AMENDATORY 21 O.S. 20 21, Section 1506, is
amended to read as follows:
Section 1506. Any person who obtains any money or property from
another, or obtains the signature of another to any written
instrument, the false making of whi ch would be forgery, by means of
any false or fraudulent sale of property or pretende d property by
auction, or by any of the practices known as mock auctio ns, shall be
guilty of a felony misdemeanor punishable by imprison ment in the
State Penitentiary a county jail for a term not exceeding three (3)
years or in a county jail not exceeding one (1) year, or by a f ine
not exceeding One Thousand Dollars ($1,000. 00), or by both such fine
and imprisonment; and, in addition, the person forfeits any license
he or she may hold to act as an auctioneer, and is forever
disqualified from receiving a license to act as auctioneer with in
this state.
SECTION 13. AMENDATORY 21 O.S. 2021, Section 1533, is
amended to read as follows:
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Section 1533. A. Except as provided in subsection B of this
section, every person who falsely personates any public officer,
civil or military, any firefighter, any law enf orcement officer, any
emergency medical technician or other emerge ncy medical care
provider, or any private individual having special authority by law
to perform any act affecting the rights or interests of another, or
who assumes, without authority, any u niform or badge by which such
officers or persons are usually dist inguished, and in such assumed
character does any act whereby another person is injured, defrauded,
harassed, vexed or annoyed, upon conviction, is guilty of a
misdemeanor punishable by impr isonment in the county jail not
exceeding six (6) months, or by a fine not exceeding Two Thousand
Dollars ($2,000.00), or by both such fine and imprisonment.
B. Every person who falsely personates any public officer or
any law enforcement officer in conne ction with or relating to any
sham legal process shall, upon convi ction, be guilty of a felony,
punishable by imprisonment in the custody of the Department of
Corrections for not more than two (2) years, or a fine not exceeding
Five Thousand Dollars ($5,00 0.00), or both such fine and
imprisonment.
C. Every person who fa lsely asserts authority of law not
provided for by federal or state law in connection with any sham
legal process shall, upon conviction, be guilty of a felony
misdemeanor, punishable by imprisonment in the custody of the
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Department of Corrections a county jail for not more than two (2)
years one (1) year, or a fine not exceeding Five Thousand Dollars
($5,000.00), or both such fine and imprisonment.
D. Every person who, while acting falsely in asserting
authority of law, attempts to intimidate or hinder a public official
or law enforcement officer in the discharge of official duties by
means of threats, harassment, physical abuse, or use of sham legal
process shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Depa rtment of Corrections for not
more than two (2) years, or a fine not exceeding Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment.
E. Any person who, without authority un der federal or state
law, acts as a supreme court justice, a distr ict court judge, an
associate district judge, a special judge, a magistrate, a clerk of
the court or deputy, a notary public, a juror or other official
holding authority to determine a contr oversy or adjudicate the
rights or interests of others, or signs a document in such capacity,
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for not
more than two (2) years, or a fin e not exceeding Five Thousand
Dollars ($5,000.00), or both such fi ne and imprisonment.
F. Every person who uses any motor vehicle or motor-driven
cycle usually distinguished as a law enforcement vehicle or equips
any motor vehicle or motor -driven cycle with any spot lamps, audible
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sirens, or flashing lights, in violatio n of Section 12-217, 12-218
or 12-227 of Title 47 of the Oklahoma Statutes, or in any other
manner uses any motor vehicle or motor -driven cycle:
1. Which, by markings that conform to or imi tate the markings
required or authorized in subsection B of Sectio n 151 of Title 47 of
the Oklahoma Statutes and used by the Oklahoma Highway Patrol
Division of the Department of Public Safety, conveys to any person
the impression or appearance that it is a vehicle of the Oklahoma
Highway Patrol shall, upon conviction, b e guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, or by a fine not exceeding Five Hundred Dollars ($500.00),
or both such fine and imprisonment; provided, nothing in this
paragraph shall be construed to prohibit the use of such a vehicle
for exhibitions, club activities, parades, and other functions of
public interest and which is not used on the public roads, streets,
and highways for reg ular transportation; or
2. For the purpose of falsely personating a law enforcement
officer and who in such assumed character commits any act whereby
another person is in jured, defrauded, harassed, vexed or annoyed
shall, upon conviction, be guilty of a f elony punishable by
imprisonment in the custody of the Department of Corrections not
exceeding ten (10) years, or by a fine not exceeding Ten Thousand
Dollars ($10,000.00) , or by both such fine and imprisonment.
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G. 1. Any person who displays or causes to be displayed the
words "State Police" alone or in conjunction wit h any other word or
words on any motor vehicle, badge, clothing, identification card, or
any other object or document with the intent to communicate peace
officer or investigating authority shall, upon conviction, be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00). This paragraph shall not apply to any officer
with statewide investigatory or law enforcement authority.
2. Any person who displays or causes to display such words as
provided in this subsection for t he purpose of falsely personating a
law enforcement officer and as such commits any act whereby another
person is injured, defrauded, harassed, vexed or annoyed shall, upon
conviction, be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections not excee ding ten (10)
years, or by a fine not exceeding Ten Thousand Dollars ( $10,000.00),
or by both such fine and imprisonment.
H. As used in this section:
1. "Sham legal process" means the issuance, display, delivery,
distribution, reliance on as lawful autho rity, or other use of an
instrument that is not lawfully issued, wheth er or not the
instrument is produced for inspection or actually exists, and
purports to do any of the following:
a. to be a summons, subpoena, judgment , arrest warrant,
search warrant, or other order of a court recognized
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by the laws of this state, a law e nforcement officer
commissioned pursuant to state or federal law or the
law of a federally recognized Indian tribe, or a
legislative, executive, or adm inistrative agency
established by state or federal law or the law of a
federally recognized Indian tribe,
b. to assert jurisdiction or authority over or determine
or adjudicate the legal or equitable status, rights,
duties, powers, or privileges of any per son or
property, or
c. to require or authorize the search, seizure,
indictment, arrest, trial, or sentenc ing of any person
or property; and
2. "Lawfully issued" means adopted, issued, or re ndered in
accordance with the applicable statutes, rules, regulati ons, and
ordinances of the United S tates, a state, or a political subdivision
of a state.
I. It shall not be a defense to a prosecution under subsection
B, C, D or E of this section that:
1. The recipient of the sham legal process did not accept or
believe in the authority falsely asserte d in the sham legal process;
2. The person violating subsection B, C, D or E of this section
does not believe in the jurisdiction or authority of this sta te or
of the United States government; or
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3. The office the perso n violating subsection B, C, D or E of
this section purports to hold does not exist or is not an official
office recognized by state or federal law.
SECTION 14. AMENDATORY 37A O.S. 2021, Section 6 -115, is
amended to read as follows:
Section 6-115. Any person who shall operate a whiskey still
with intent to produce alcoholic beverages or any person who shall
carry on the business of a distiller without possessing a va lid and
existing distiller's license issued pursuant to the provis ions of
the Oklahoma Alcoholic Beve rage Control Act shall be guilty of a
felony misdemeanor and, upon conviction, be fined not less than Two
Thousand Five Hundred Dollars ($2,500.00) nor mor e than Five
Thousand Dollars ($5,000.00), or imprisoned in the State
Penitentiary a county jail for not more than three (3) years one (1)
year, or by both such fine and imp risonment.
SECTION 15. AMENDATORY 40 O.S. 2021, Section 169, is
amended to read as follows:
Section 169. Any person who shall hire, aid, abet or assist in
hiring through private detective agencies or otherwise, persons to
guard with arms or deadly weapons of any kind, other persons or
property, or any person who shall come into this state armed with
deadly weapons of any kind f or any such purpose, without a permi t,
in writing, from the Governor, shall be guilty of a felony
misdemeanor, and on conviction thereof shall be imprisoned in the
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State Penitentiary a county jail for not less more than one (1) year
nor more than five (5) years. Provided, that nothing herei n
contained shall be construed to interfere with the right of any
person, corporations, society, association or organization in
guarding and protecting their property as provided b y law; but this
section shall be constru ed only to apply in cases where work men are
brought into the state or induced to go from one place to anot her in
the state by any false pretenses, false advertising, or deceptive
representation, or brought into the s tate under arms or removed from
one place to another in the state under arms .
SECTION 16. AMENDATORY 40 O.S. 2021, Sectio n 182, is
amended to read as follows:
Section 182. Any officer, superintendent, for eman, boss, or
other person in authority, who, on behalf of any ra ilroad,
corporation, or any other pe rson, firm or corporation, using steam
boilers, violating any of the p rovisions of Section 181 of this
title, shall be deemed guilty of a felony, misdemeanor and shall,
upon conviction, be punished by imprisonment in a county jail for a
period of not less more than one (1) year nor more than two (2)
years.
SECTION 17. AMENDATORY 47 O.S. 2021, Section 4 -102, is
amended to read as fol lows:
Section 4-102. A. A person not entitled to possession of a
vehicle who, without the consent of the owner and with intent to
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deprive the owner, temporarily or otherw ise, of the vehicle or its
possession, takes, uses or drives the vehicle shall, upon
conviction, be guilty of a felony misdemeanor punishable by
imprisonment in the custody of the Depart ment of Corrections a
county jail for a term not to exceed two (2) years one (1) year.
B. A person not entitled to possession of an implement of
husbandry who, without the consent of the owner and with intent to
deprive the owner, temporarily or otherwise , of the implement of
husbandry or its possession, takes, uses or driv es the implement of
husbandry shall, upon conviction, be guilty of a felony punishab le
in accordance with the provisions of Section 17 -102 of this title.
SECTION 18. AMENDATORY 59 O.S. 2021, Section 328.49, is
amended to read as fo llows:
Section 328.49 A. The Board of Dentistry shall be responsible
for the enforcement of the provisions of the State Dental Act
against all persons who are in violation thereof, inc luding, but not
limited to, individuals who practice or attempt to pra ctice
dentistry or dental hygiene without proper authorization from the
Board.
B. 1. It shall be unlawful for any person, except a licensed
dentist, to:
a. practice or attempt to pract ice dentistry,
b. hold oneself out to the public as a dentist or as a
person who practices dentistry, or
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c. employ or use the words "Doctor" or "Dentist", or the
letters "D.D.S." or "D.M.D.", or any modification or
derivative thereof, when such use is inte nded to give
the impression that the person is a dentist.
2. It shall be unlawful for any person, except a registered
dental hygienist, to:
a. practice or attempt to practice dental hygiene,
b. hold oneself out to the p ublic as a dental hygienist
or as a person who practices dental hygiene, or
c. employ or use the words "Registered Dental Hygienist",
or the letters "R.D.H.", or any modification or
derivative thereof, when such use is intended to give
the impression that the person is a dental hygienist.
3. It shall be unlawful for any person to:
a. give false or fraudulent evidence or information to
the Board in an attempt to obtain any license or
permit from the Board, or
b. aid or abet another person in violation of th e State
Dental Act.
4. Each day a person is in violation of any provision of this
subsection shall consti tute a separate criminal offense and, in
addition, the district attorney may file a separate charge of
medical battery for each person who is injured as a result of
treatment performed i n violation of this subsection.
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C. 1. If a person violates any of th e provisions of subsection
B of this section, the Board shall refer the alleged viol ation to
the district attorney of the county in which the violatio n is
alleged to have occurred to bri ng a criminal action in that county
against the person. At the reques t of the Board, district attorney
or Attorney General, attorneys employed or contrac ted by the Board
may assist the district attorney or Attorney Gene ral in prosecuting
charges under the State Dental Act or any violation of law relating
to or arising from an investigation conducted by the B oard of
Dentistry upon approval of the Board or t he Executive Director.
2. Any person who violates any of the prov isions of paragraph 1
or 3 of subsection B of this section, upon conviction, shall be
guilty of a felony punishable by a fine in an amount no t less than
One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars
($10,000.00), or by imprisonment in the county jail for a term of
not more than one (1) year or imprisonment in the custody of the
Department of Corrections for a term of not more than four (4)
years, or by both such fine and imprisonment.
Any person who violates any of the provisions of pa ragraph 2 of
subsection B of this se ction, upon conviction, shall be guilty of a
misdemeanor punishable by a fine in an amount not less than Five
Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred
Dollars ($2,500.00), or by imprisonment in t he county jail for a
term of not more than ninety (90) days, or by both such fine and
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imprisonment. Any s econd or subsequent violation of pa ragraph 2 of
subsection B of this section, upon c onviction, shall be a felony
misdemeanor punishable by a fine in a n amount not less than One
Thousand Five Hundred Dollars ($1,500.00) nor more than Five
Thousand Dollars ($5,000.00), or by imprisonment in t he county jail
for a term of not more than one (1 ) year or imprisonment in the
custody of the Department of Correct ions for a term of not more than
two (2) years, or by both such fine and impri sonment.
D. The Board may initiate a civil action, pursuant to Chapter
24 of Title 12 of the Oklahoma Statutes, seeking a temporary
restraining order or injunction, without bond , commanding a person
to refrain from engaging in conduct which constitutes a violation of
any of the provisions of subsection B of this sect ion. In a civil
action filed pursuant to this su bsection, the prevailing party shall
be entitled to recover costs and reasonable attorney fees.
E. In addition to any other penalties provided herein, any
person found guilty of contempt of court by reason of the violation
of any injunction prohibiting th e unlicensed practice of dentistry
now in effect or hereafter ente red pursuant to any provision of the
State Dental Act or any preceding state d ental act, shall be
punished by imprisonment in the county jail for a term of not less
than thirty (30) days nor more than one (1) year, and by a fine of
not less than Five Hundr ed Dollars ($500.00) nor more than O ne
Thousand Dollars ($1,000.00). The cour t may also require the
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defendant to furnish a good and sufficient bond in a penal sum to be
set by the court, no t less than One Thousand Dollars ($1,000.00),
which shall be condi tioned upon future compliance in all particulars
with the injunction entered, and in the event of failure of the
defendant to furnish such bo nd when so ordered, the defendant shall
be confined in the county jail pending compliance therewith. Such
bond shall be mandatory as to any person her eafter found guilty of a
second contempt of court for violation of any injunction entered
pursuant to the State Dental Act, or any preceding state dental act.
SECTION 19. AMENDATORY 59 O.S. 2021, Section 1335, is
amended to read as follows:
Section 1335. Whoever, having been admitted to bail for
appearance before any district court in the State of Oklahoma , (1)
incurs a forfeiture of the bail and willfully fails t o surrender
himself or herself within thirty (30) days following the date of
such forfeiture, or (2) willfully fails to comply with the terms of
his or her personal recognizance, shall be guilty of a felony
misdemeanor and shall be fined not more than Five Thousand Dollars
($5,000.00), or imprisoned in a county jail for a term of not more
than two (2) years one (1) year, or both.
SECTION 20. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 04/14/2022 - DO PASS, As Amended and Coauthored.