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ENGROSSED HOUSE AMENDME NTS
TO
ENGROSSED SENATE BILL NO . 334 By: Paxton of the Senate
and
Worthen of the House
An Act relating to larceny; amending 21 O.S. 2011,
Section 1731, as amended by Section 15, Chapter 116,
O.S.L. 2018 (21 O.S. Supp. 2 020, Section 1731), which
relates to punishment for recidivists; modifying
certain time element; and providing an effective
date.
AMENDMENT NO. 1. Page 1, Lines 6 through 8 1/2, strike the title to
read:
"[ larceny – modifying certain time element –
effective date ]"
AMENDMENT NO. 2. Page 1, Line 11, strike the enacting clause
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Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 334 By: Paxton of the Senate
and
Worthen of the House
An Act relating to larceny; amending 21 O.S. 2011,
Section 1731, as amended by Section 15, Chapter 116,
O.S.L. 2018 (21 O.S. Supp. 2020, Section 1731), which
relates to punishment for recidivists; modifying
certain time element; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1731, as
amended by Section 15, Chapter 116, O.S.L. 2018 (21 O.S. Supp. 2020,
Section 1731), is amended to read as follows:
Section 1731. A. Larceny of merchandise held for sale in
retail or wholesale establishments shall be punishable as follow s:
1. For the first or second conviction, in the event the value
of the goods, edible meat or other corporeal property which has been
taken is less than One Thousand Dollars ($1,000.00), the person
shall be guilty of a misdemeanor punishable by imprisonme nt in the
county jail for a term not exceeding thirty (30) days, and by a fine
not less than Ten Dollars ($10.00) nor more than Five Hundred
Dollars ($500.00); provided, for the first or second conviction, in
the event more than one item of goods, edible m eat or other
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corporeal property has been taken, punishment shall be by
imprisonment in the county jail for a term not to exceed thirty (30)
days, and by a fine not less than Fifty Dollars ($50.00) nor more
than Five Hundred Dollars ($500.00);
2. For a third or subsequent conviction, in the event the value
of the goods, edible meat or other corporeal property which has been
taken is less than One Thousand Dollars ($1,000.00), the person
shall be guilty of a misdemeanor and shall be punished by
imprisonment in the county jail for a term not to exceed one (1)
year, and by a fine not exceeding One Thousand Dollars ($1,000.00);
3. In the event the value of the goods, edible meat or other
corporeal property is One Thousand Dollars ($1,000.00) or more but
less than Two Thousand Five Hundred Dollars ($2,500.00), the person
shall be guilty of a felony and shall be punished by imprisonment in
the custody of the Department of Corrections for a term not to
exceed two (2) years, and by a fine not to exceed One Thousand
Dollars ($1,000.00);
4. In the event the value of the goods, edible meat or other
corporeal property is Two Thousand Five Hundred Dollars ($2,500.00)
or more but less than Fifteen Thousand Dollars ($15,000.00), the
person shall be guilty of a felony and s hall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed five (5) years, and by a fine not to exceed One
Thousand Dollars ($1,000.00); or
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5. In the event the value of the goods, edible meat or other
corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,
the person shall be guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed eight (8) years, and by a fine not to exceed One
Thousand Dollars ($1,000.00).
B. When three or more separate offenses under this section are
committed within a ninety-day one hundred eighty-day period, the
value of the goods, edible meat or other corporeal property involved
in each larceny offense may be aggregated to determine the total
value for purposes of determining the appropriate punishment under
this section.
C. In the event any person engages in conduct that is a
violation of this section in concert with at least one other
individual, such person shall be liable for the aggregate value of
all items taken by all individuals. Such person may also be subject
to the penalties set forth in Section 421 of this title, which shall
be in addition to any other penalties provided for by law.
D. Any person convicted pursuant to the provisions of this
section shall also be ordered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 20 21.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives