Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB334 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. A. to ENGR. S. B. NO. 334 Page 1 1
	3	+	SB334 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE AMENDME NTS
29		-	TO
30		-	ENGROSSED SENATE BILL NO . 334 By: Paxton of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
	36	+	BILL NO. 334 By: Paxton of the Senate
31	37
32	38		and
33	39
34	40		Worthen of the House
35	41
36	42
37	43
38	44
39	45
40		-	An Act relating to larceny; amending 21 O.S. 2011,
41		-	Section 1731, as amended by Section 15, Chapter 116,
42		-	O.S.L. 2018 (21 O.S. Supp. 2 020, Section 1731), which
43		-	relates to punishment for recidivists; modifying
44		-	certain time element; and providing an effective
45		-	date.
	46	+
	47	+	[ larceny - modifying certain time element -
	48	+	effective date ]
46	49
47	50
48	51
49	52
50		-	AMENDMENT NO. 1. Page 1, Lines 6 through 8 1/2, strike the title to
51		-	read:
52	53
53		-	"[ larceny – modifying certain time element –
54		-	effective date ]"
55		-	AMENDMENT NO. 2. Page 1, Line 11, strike the enacting clause
56	54
57		-	ENGR. H. A. to ENGR. S. B. NO. 334 Page 2 1
	55	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	56	+	SECTION 1. AMENDATORY 21 O.S. 2011, Section 1731, as
	57	+	amended by Section 15, Chapter 116, O.S.L. 2018 (21 O.S. Supp. 2020,
	58	+	Section 1731), is amended to read as follows :
	59	+	Section 1731. A. Larceny of merchandise held for sale in
	60	+	retail or wholesale establishments shall be punishable as follows:
	61	+	1. For the first or second conviction, in the event the value
	62	+	of the goods, edible meat or other corporeal property which has b een
	63	+	taken is less than One Thousand Dollars ($1,000.00), the person
	64	+	shall be guilty of a misdemeanor punishable by imprisonment in the
	65	+
	66	+	SB334 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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82		-	Passed the House of Representatives the 22nd day of April, 2021.
	92	+	county jail for a term not exceeding thirty (30) days, and by a fine
	93	+	not less than Ten Dollars ($10.00) nor more than Fiv e Hundred
	94	+	Dollars ($500.00); provided, for the first or second conviction, in
	95	+	the event more than one item of goods, edible meat or other
	96	+	corporeal property has been taken, punishment shall be by
	97	+	imprisonment in the county jail for a term not to exceed thi rty (30)
	98	+	days, and by a fine not less than Fifty Dollars ($50.00) nor more
	99	+	than Five Hundred Dollars ($500.00);
	100	+	2. For a third or subsequent conviction, in the event the value
	101	+	of the goods, edible meat or other corporeal property which has been
	102	+	taken is less than One Thousand Dollars ($1,000.00), the person
	103	+	shall be guilty of a misdemeanor and shall be punished by
	104	+	imprisonment in the county jail for a term not to exceed one (1)
	105	+	year, and by a fine not exceeding One Thousand Dollars ($1,000.00);
	106	+	3. In the event the value of the goods, edible meat or other
	107	+	corporeal property is One Thousand Dollars ($1,000.00) or more but
	108	+	less than Two Thousand Five Hundred Dollars ($2,500.00), the person
	109	+	shall be guilty of a felony and shall be punished by imprisonment in
	110	+	the custody of the Department of Corrections for a term not to
	111	+	exceed two (2) years, and by a fine not to exceed One Thousand
	112	+	Dollars ($1,000.00);
	113	+	4. In the event the value of the goods, edible meat or other
	114	+	corporeal property is Two Thousand Five Hundred Dollars ($2,500.00)
	115	+	or more but less than Fifteen Thousand Dollars ($15,000.00), the
83	116
84		-
85		-
86		-
87		-
88		-	Presiding Officer of the House of
89		-	Representatives
90		-
91		-
92		-	Passed the Senate the ____ day of __________, 2021.
93		-
94		-
95		-
96		-
97		-
98		-	Presiding Officer of the Senate
99		-
100		-	ENGR. S. B. NO. 334 Page 1 1
	117	+	SB334 HFLR Page 3
	118	+	BOLD FACE denotes Committee Amendments. 1
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125		-	ENGROSSED SENATE
126		-	BILL NO. 334 By: Paxton of the Senate
	143	+	person shall be guilty of a felony and shall be punished by
	144	+	imprisonment in the custody of the Department of Corrections for a
	145	+	term not to exceed five (5) years, and by a fine not to exceed One
	146	+	Thousand Dollars ($1,000.00); or
	147	+	5. In the event the value of the goods, edible meat or other
	148	+	corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,
	149	+	the person shall be guilty of a felony and shall be punished by
	150	+	imprisonment in the custody of the Department of Corrections for a
	151	+	term not to exceed eight (8) years, and by a fine not to exceed One
	152	+	Thousand Dollars ($1,000.00).
	153	+	B. When three or more separate offenses under this section are
	154	+	committed within a ninety-day one hundred eighty-day period, the
	155	+	value of the goods, edible meat or other corporeal property involved
	156	+	in each larceny offense may be aggregated to determine the total
	157	+	value for purposes of determining the appropriate punishment under
	158	+	this section.
	159	+	C. In the event any person engages in conduct that is a
	160	+	violation of this section in concert with at least one other
	161	+	individual, such person shall be liable for the aggregate value of
	162	+	all items taken by all individuals. Such person may also be subject
	163	+	to the penalties set forth in Section 421 of this title, which shall
	164	+	be in addition to any other penalties provided for by law.
127	165
128		-	and
129		-
130		-	Worthen of the House
131		-
132		-
133		-
134		-
135		-	An Act relating to larceny; amending 21 O.S. 2011,
136		-	Section 1731, as amended by Section 15, Chapter 116,
137		-	O.S.L. 2018 (21 O.S. Supp. 2020, Section 1731), which
138		-	relates to punishment for recidivists; modifying
139		-	certain time element; and providing an effective
140		-	date.
141		-
142		-
143		-
144		-
145		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
146		-	SECTION 1. AMENDATORY 21 O.S. 2011, Section 1731, as
147		-	amended by Section 15, Chapter 116, O.S.L. 2018 (21 O.S. Supp. 2020,
148		-	Section 1731), is amended to read as follows:
149		-	Section 1731. A. Larceny of merchandise held for sale in
150		-	retail or wholesale establishments shall be punishable as follow s:
151		-	1. For the first or second conviction, in the event the value
152		-	of the goods, edible meat or other corporeal property which has been
153		-	taken is less than One Thousand Dollars ($1,000.00), the person
154		-	shall be guilty of a misdemeanor punishable by imprisonme nt in the
155		-	county jail for a term not exceeding thirty (30) days, and by a fine
156		-	not less than Ten Dollars ($10.00) nor more than Five Hundred
157		-	Dollars ($500.00); provided, for the first or second conviction, in
158		-	the event more than one item of goods, edible m eat or other
159		-
160		-	ENGR. S. B. NO. 334 Page 2 1
	166	+	SB334 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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185		-	corporeal property has been taken, punishment shall be by
186		-	imprisonment in the county jail for a term not to exceed thirty (30)
187		-	days, and by a fine not less than Fifty Dollars ($50.00) nor more
188		-	than Five Hundred Dollars ($500.00);
189		-	2. For a third or subsequent conviction, in the event the value
190		-	of the goods, edible meat or other corporeal property which has been
191		-	taken is less than One Thousand Dollars ($1,000.00), the person
192		-	shall be guilty of a misdemeanor and shall be punished by
193		-	imprisonment in the county jail for a term not to exceed one (1)
194		-	year, and by a fine not exceeding One Thousand Dollars ($1,000.00);
195		-	3. In the event the value of the goods, edible meat or other
196		-	corporeal property is One Thousand Dollars ($1,000.00) or more but
197		-	less than Two Thousand Five Hundred Dollars ($2,500.00), the person
198		-	shall be guilty of a felony and shall be punished by imprisonment in
199		-	the custody of the Department of Corrections for a term not to
200		-	exceed two (2) years, and by a fine not to exceed One Thousand
201		-	Dollars ($1,000.00);
202		-	4. In the event the value of the goods, edible meat or other
203		-	corporeal property is Two Thousand Five Hundred Dollars ($2,500.00)
204		-	or more but less than Fifteen Thousand Dollars ($15,000.00), the
205		-	person shall be guilty of a felony and s hall be punished by
206		-	imprisonment in the custody of the Department of Corrections for a
207		-	term not to exceed five (5) years, and by a fine not to exceed One
208		-	Thousand Dollars ($1,000.00); or
209		-
210		-	ENGR. S. B. NO. 334 Page 3 1
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235		-	5. In the event the value of the goods, edible meat or other
236		-	corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,
237		-	the person shall be guilty of a felony and shall be punished by
238		-	imprisonment in the custody of the Department of Corrections for a
239		-	term not to exceed eight (8) years, and by a fine not to exceed One
240		-	Thousand Dollars ($1,000.00).
241		-	B. When three or more separate offenses under this section are
242		-	committed within a ninety-day one hundred eighty-day period, the
243		-	value of the goods, edible meat or other corporeal property involved
244		-	in each larceny offense may be aggregated to determine the total
245		-	value for purposes of determining the appropriate punishment under
246		-	this section.
247		-	C. In the event any person engages in conduct that is a
248		-	violation of this section in concert with at least one other
249		-	individual, such person shall be liable for the aggregate value of
250		-	all items taken by all individuals. Such person may also be subject
251		-	to the penalties set forth in Section 421 of this title, which shall
252		-	be in addition to any other penalties provided for by law.
253	192		D. Any person convicted pursuant to the provisions of this
254	193		section shall also be ordered to pay restitution to the victim as
255	194		provided in Section 991f of Title 22 of the Oklahoma Statutes.
256	195		SECTION 2. This act shall become effective November 1, 2021.
257	196
258		-	ENGR. S. B. NO. 334 Page 4 1
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283		-	Passed the Senate the 9th day of March, 2021.
284		-
285		-
286		-
287		-	Presiding Officer of the Senate
288		-
289		-
290		-	Passed the House of Representatives the ____ day of __________,
291		-	2021.
292		-
293		-
294		-
295		-	Presiding Officer of the House
296		-	of Representatives
297		-
298		-
	197	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	198	+	04/01/2021 - DO PASS, As Amended.