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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 974 By: Weaver
AS INTRODUCED
An Act relating to criminal prosecutions; ame nding 22
O.S. 2011, Section 152, as last amended by Section 2,
Chapter 134, O.S.L. 2017 (22 O.S. Supp. 2020, Section
152), which relates to sta tute of limitations;
clarifying applicability of exceptions and
definition; modifying statute of limitations for
certain offense; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 152, as last
amended by Section 2, Chapter 134, O.S.L. 2017 (22 O.S. Supp . 2020,
Section 152), is amended to r ead as follows:
Section 152. A. Prosecutions for the crimes of bribery,
embezzlement of public money, bonds, securities, assets or property
of the state or any county, school district , municipality or other
subdivision thereof, or of any misappropri ation of public money,
bonds, securities, assets or prop erty of the state or any county,
school district, municipality or other subdivision thereof,
falsification of public records of the st ate or any county, school
district, municipality or other subdivis ion thereof, and conspiracy
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to defraud the State of Okla homa or any county, school district,
municipality or other subdivision thereof in any manner or for any
purpose shall be commenced wit hin seven (7) years after the
discovery of the crime; provided, ho wever, prosecutions for the
crimes of embezzlement or mi sappropriation of public money, bonds,
securities, assets or property of any school district, including
those relating to student acti vity funds, or the crime of
falsification of public records of any independent school district,
the crime of criminal cons piracy, the crime of embezzlement pursuant
to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
the crime of False Pers onation or Identity Theft pursuant to
Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
the financial exploitation of a vulnerable adult pursuant to
Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
Statutes, or Medicaid fraud pu rsuant to Section 1005 of Title 56 of
the Oklahoma Statutes, shall be commenced within five (5) years
after the discovery of the crime.
B. Prosecutions for criminal violations of any state income tax
laws shall be commenced within five (5) years after the commission
of such violation.
C. 1. Prosecutions for sexual cri mes against children,
specifically rape or forcible sodo my, sodomy, lewd or indecent
proposals or acts against children, involving minors in pornography
pursuant to Section 886, 888, 1111, 1 111.1, 1113, 1114, 1021.2,
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1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
abuse pursuant to Section 843.5 of Title 21 of the Oklahoma
Statutes, and child trafficking pursuant to Section 866 of Title 21
of the Oklahoma Statutes shall b e commenced by the forty -fifth
birthday of the alleged victim. Pr osecutions for such crimes
committed against victims eig hteen (18) years of age or older shall
be commenced within twelve (12) years after the discovery of the
crime. As used in this paragraph, “discovery” means the date that a
physical or sexually related cri me involving a victim eighteen (18)
years of age or older is reported to a law enforcement agency.
2. However, prosecutions for the crimes listed in paragraph 1
of this subsection may be commenced at any time after the commission
of the offense if:
a. physical evidence is collected and preserved that is
capable of being tested to obtain a profile from
deoxyribonucleic acid (DNA), and
b. the identity of the offender is subsequently
established through the use of a DNA profile using
evidence listed in subpar agraph a of this paragraph.
A prosecution under thi s exception must be commenced within
three (3) years from the date on which the identity of the suspect
is established by DNA testing.
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3. No prosecution under this subsection shall be based upon the
memory of the victim that has been recovered through psy chotherapy
unless there is some evidenc e independent of such repressed memory.
4. Any person who knowingly and willfully makes a fals e claim
pursuant to this subsection or a claim that the person knows la cks
factual foundation may be reported to local law enforcement for
criminal investigation and, upon conviction, shall be guilty of a
felony.
D. Prosecutions for criminal violations of any provision of the
Oklahoma Wildlife Conservation Code shall be comm enced within three
(3) years after the commission o f such offense.
E. Prosecutions for the crime of criminal fraud or workers ’
compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
of Title 21 of the Oklahoma Statutes shall commence within t hree (3)
years after the discovery of the crime, bu t in no event greater than
seven (7) years after the commission of the crime.
F. Prosecution for the crime of false or bogus check pursuant
to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the
Oklahoma Statutes shall be commenced within five (5) years after the
commission of such offense.
G. Prosecution for the crime of solicitation fo r murder in the
first degree pursuant t o Section 701.16 of Title 21 of the Oklahoma
Statutes shall be commenced within seven (7) years after the
discovery of the crime. For purposes of this subsection,
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“discovery” means the date upon which the crime is ma de known to
anyone other than a person involved in the solicitation.
H. In all other cases a prosecution for a public offense must
be commenced within three (3) y ears after its commission.
I. Prosecution for the crime of accessory after the fact must
be commenced within the same statute of li mitations as that of the
felony for which the person acted as an accessor y.
J. Prosecution for the crime of arson pursuant to Section 1401,
1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
be commenced within seven (7) years after the c ommission of the
crime.
K. Prosecutions for criminal violations in which a deadly
weapon is used to commit a felony or pros ecutions for criminal
violations in which a deadly weapon is used in an attempt to commit
a felony shall be commenced within seven ( 7) years after the
commission of the crime.
L. No prosecution under subs ection C of this section shall be
based upon the memory of the victim that has been recovered through
psychotherapy unless there is some evidenc e independent of such
repressed memory.
Any person who knowingly and willfully makes a false claim
pursuant to subsection C of this section or a claim that the per son
knows lacks factual foundation may be reported to local law
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enforcement for criminal inve stigation and, upon conviction, shall
be guilty of a felony.
M. As used in paragraph 1 of subsection C of this section,
“discovery” means the date that a physical or sexually related crime
involving a victim eighteen (18) years of age or older is reported
to a law enforcement agency. Prosecutions for the crime of human
trafficking pursuant to Section 748 of Title 21 of the Oklahoma
Statutes shall be commenced with in three (3) years after discovery
of the crime. For purposes of this subsec tion, “discovery” means
the date upon which the crime i s reported to a law enforcement
agency.
SECTION 2. This act shall become effective November 1, 2021.
58-1-262 TEK 1/21/2021 7:52:46 PM