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SENATE FLOOR VERSION
March 3, 2021
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 b y Section 1, Chapter
157, O.S.L. 2018 (22 O.S. Supp. 2020, Section 996.1 ),
which relates to Delayed Sentencing Program for Youn g
Adults; modifying definition; cla rifying 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 Delaye d 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 felony
offense or a juvenile who has been certified to stand trial as an
adult for a nonviolent felony offense, who has no charges pending
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for a violent offense and who has not been convicted sentenced, or
adjudicated as a juvenile delinq uent or youthful offender, of:
1. Assault, battery, or assault and battery wit h 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 assault 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 Statute s;
3. Poisoning with inte nt to kill as define d 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 Oklahom a Statutes;
6. Using a vehicle to facilitate the int entional 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 Sectio n 1289.17A of Title 21 of the
Oklahoma Statutes;
8. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
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9. Assaults while masked or disguised as defined by Section
1303 of Title 21 of the Oklahoma Statut es;
10. Murder in the first degree as defined by Sec tion 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 firs t degree as defined by Sec tions
711, 712, 713 or 714 of Title 21 of the Oklahom a 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 Secti on 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 75 1 of Title 21 of the
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;
20. Robbery in the second degree as defin ed by Section 797 of
Title 21 of the Oklahoma Statutes;
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21. Armed robbery as d efined 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 weapon or i mitation firearm as
defined by Section 801 of Title 2 1 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 e xplosives as
defined by Section 849 of Title 2 1 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 St atutes;
28. Rape by instrumentation as define d 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;
31. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
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32. Rioting as defined by Section s 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 a s 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 juvenil e pornography as defined b y
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 unlawful ly
manufacture or aggravat ed 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 as
defined by Section 2-415 of Title 63 of the Oklahoma Statu tes.
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 3, 2021 - DO PASS