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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 140 By: Brooks and Jech of the
Senate
and
Newton of the House
An Act relating to sentencing; amending 22 O.S. 2011,
Section 996.1, as last amended by Section 1, Chapter
157, O.S.L. 2018 (22 O.S. Supp. 2020, Section 996.1 ),
which relates to Delayed Sentencing Program for Young
Adults; modifying definition; clarifying language;
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 996.1, as
last amended by Section 1, Chapter 157, O.S.L. 2018 (22 O.S. Supp.
2020, Section 996.1), is amended to read as follows:
Section 996.1. As used in the Delayed Sentencing Program for
Young Adults:
“Offender” means any adult eighteen (18) through twenty-one (21)
twenty-five (25) years of age as of the date of a verdict of guilty
or a plea of guilty or nolo contendere for a nonviolent f elony
offense or a juvenile who has been certified to stand trial as an
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adult for a nonviolent felony offense, who has no charges pending
for a violent offense and who has not been convicted sentenced, or
adjudicated as a juvenile delinquent or youthful of fender, of:
1. Assault, battery, or assault and battery with a dangerous or
deadly weapon as defined by Sections 645 and subsection C of 652 of
Title 21 of the Oklahoma Statutes, or Section 2 -219 of Title 43A of
the Oklahoma Statutes;
2. Aggravated assau lt and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as defined by
Sections 650, subsection C of 650.2, 650.5, subsection B of 650.6,
or subsection C of 650.7 of Title 21 of the Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statutes;
6. Using a vehicle to facilitate the intentional discharge of
any kind of firearm in violation of Section 652 of Title 21 of the
Oklahoma Statutes;
7. Discharging any firearm or other deadly weapon at or into
any dwelling as defined in Section 1289.17A of Title 21 of the
Oklahoma Statutes;
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8. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
9. Assaults while masked or disguised as defined by Section
1303 of Title 21 of the Oklahoma Statutes;
10. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Sections
711, 712, 713 or 714 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Sections
716 or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1431 of
Title 21 of the Oklahoma Statutes;
16. Kidnapping for extortion as defined by Section 745 of Title
21 of the Oklahoma Statutes;
17. Maiming as defined by Section 751 of Title 21 of th e
Oklahoma Statutes;
18. Robbery as defined by Section 791 of Title 21 of the
Oklahoma Statutes;
19. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
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20. Robbery in the second degree as defined by Section 797 o f
Title 21 of the Oklahoma Statutes;
21. Armed robbery as defined by Section 801 of Title 21 of the
Oklahoma Statutes;
22. Robbery by two (2) or more persons as defined by Section
800 of Title 21 of the Oklahoma Statutes;
23. Robbery with dangerous weap on or imitation firearm as
defined by Section 801 of Title 21 of the Oklahoma Statutes;
24. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
25. Wiring equipment, vehicle or structure with explosives as
defined by Section 849 of Title 21 of the Oklahoma Statutes;
26. Forcible sodomy as defined by Section 888 of Title 21 of
the Oklahoma Statutes;
27. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
28. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
29. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
30. Use of a firearm or offensive weapon to commit or attempt
to commit a felony as defined by Section 1287 of Title 21 of the
Oklahoma Statutes;
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31. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
32. Rioting as defined by Sections 1311 or 1321.8 of Title 21
of the Oklahoma Statutes;
33. Inciting to riot as defined by Section 1320.2 of Title 21
of the Oklahoma Statutes;
34. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
35. Endangering human life during arson as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
36. Procure, produce, distribute, or possess juvenile
pornography as defined by Section 1021.2 of Title 21 of the Oklahoma
Statutes;
37. Parental consent to juvenile pornography as de fined by
Section 1021.3 of Title 21 of the Oklahoma Statutes;
38. Distributing obscene material or child pornography as
defined by Section 1040.13 of Title 21 of the Oklahoma Statutes;
39. Unlawful manufacturing, attempting to unlawfully
manufacture or aggravated manufacturing of any controlled dangerous
substance as defined by subsection G of Section 2 -401 and paragraph
3 of subsection G of Section 2 -401 of Title 63 of the Oklahoma
Statutes; or
40. Any violation of the Trafficking in Illegal Drugs Act a s
defined by Section 2 -415 of Title 63 of the Oklahoma Statutes.
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 03/25/2021 - DO PASS.