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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2153 By: Ford of the House
and
Pederson of the Senate
[ crimes and punishments - penalties for grand
larceny and petit larceny - threshold amount that
constitutes grand larceny -
emergency ]
AUTHOR: Remove as principal Senate author Pederson and substitute
as principal Senate author Bergstr om. Retain Pederson as
Senate coauthor
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to the Uniform Controlled Dang erous
Substances Act; amending 63 O.S. 2021, Section 2 -402,
as amended by Section 3, State Quest ion No. 780,
Initiative Petition No. 404, which relates to
prohibited acts and pen alties; updating statutory
reference; providing for misdemeanor upon convictio n;
authorizing the court to make certain orders under
certain circumstances; authorizing certain drug
testing requirement; authorizing the court to impose
certain punishment; requiring certain felony;
requiring certain felony change to a misdemeanor
under certain circumstances; prohibiting application
of certain provisions for possession of marijuan a;
and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Secti on 2-402, as
amended by Section 3, State Question No. 780, In itiative Petition
No. 404, is amended to read as follows:
Section 2-402. A. 1. It shall be unlawful for any person
knowingly or intentionally to possess a controlled dangerous
substance unless such substance was obtained d irectly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her prof essional practice, or except as
otherwise authorized by this act Section 2-101 et seq. of this
title.
2. It shall be unlawful for any p erson to purchase any
preparation excepted from the provi sions of the Uniform Controlled
Dangerous Substances Act pursua nt to Section 2-313 of this title in
an amount or within a time interval other than that permitted by
Section 2-313 of this title.
3. It shall be unlawful for any person or business to sell,
market, advertise or label any product containing ephedrine, its
salts, optical isomers, or salts of op tical isomers, for the
indication of stimulation, mental alertness, weight loss, appetite
control, muscle development, energy or other indication which is not
approved by the pertinent federal OTC Final Monograph, Ten tative
Final Monograph, or FDA -approved new drug application or its legal
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equivalent. In determining compliance with this requirement, the
following factors shall be considered:
a. the packaging of the product,
b. the name of the product, and
c. the distribution and promotion of the product,
including verbal representations made at the point of
sale.
B. 1. Any person who violates this s ection is guilty of a
misdemeanor punishable by confineme nt for not more than one (1) year
and by a fine not exceeding O ne Thousand Dollars ($1,000.00) .
2. Any person who violates this section a second time within
ten (10) years, upon conviction, shall be guilty of a misdemeanor.
The court may, with the consen t of the defendant, order the
defendant to complete a substa nce abuse assessment and evaluation
and to complete a diversion program for up to one (1) year following
the date of conviction in lieu of other punishments. At the
discretion of the court, the diversion program may include drug
testing as a requirement. If the defendant refuses or fails to
complete the assessment and evaluation or diversion program, the
court may impose punishment as provided for in paragraph 1 of this
subsection. The provisions of this paragraph shall not apply to
violations related to the possession of marijuana .
3. Any person who violates this section a third time within ten
(10) years shall, upon conviction, be guilty of a misdemeanor
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punishable by a fine not exceeding One Thousand Dollars ($1,000.00),
imprisonment in the county jail for a minimum of thirty (30) days ,
or by both such fine and imprisonment. The court may, with the
consent of the defendant, order the defendant to complete a
substance abuse assessment and evaluation and to com plete a
diversion program for up to three (3) years following the date of
conviction. At the discretion of the court, the diversion program
may include drug testing as a requirement . If the defendant refuses
or fails to complete the assessment and evalua tion or diversion
program, the court may impose punishment as provided for in
paragraph 1 of this subsection. The provisions of this paragraph
shall not apply to violations related to the possession of
marijuana.
4. a. Any person who violates this section a fourth time
within ten (10) year s shall, upon conviction, be
guilty of a felony p unishable by a fine not exceeding
Five Thousand Dollars ($5,000.00), imprisonment in the
custody of the Department of Corrections for not less
than one (1) year nor mo re than five (5) years , or by
both such fine and imprisonment .
b. Upon a verdict or plea of guilty or upon a plea of
nolo contendere, but before a judgment of guilt of a
violation of this paragr aph, the court may, without
entering a judgment of guilt and with the consent of
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the defendant, defer further proceedings upon the
specific conditions prescribed by the court not to
exceed a three-year period. The court may, with the
consent of the defend ant, order the defendant to
complete a substance abuse asse ssment and evaluation
and to complete a diversi on program for up to three
(3) years.
c. Upon successful completion of the court-ordered
substance abuse assessment and evaluation and
diversion program ordered by the court within the time
prescribed, the felony charge shall be changed to a
misdemeanor. If the defendant refuses or fails to
complete the assessment and evaluation or diversion
program, the court may impose punishment as provided
for in subparagraph a of this paragraph.
d. The provisions of this paragraph shall not apply to
violations related to the possession of marijuana .
C. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dolla rs ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
SECTION 2. This act shall become effective November 1, 2023.”
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Passed the Senate the 27th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2153 By: Ford of the House
and
Pederson of the Senate
[ crimes and punishments - penalties for grand
larceny and petit larceny - threshold amount that
constitutes grand larceny -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 21 O.S. 2021, Secti on 1704, is
amended to read as follows:
Section 1704. Grand larceny is larceny committ ed in either of
the following cases:
1. When the property taken i s of a value of One Thousand
Dollars ($1,000.00) Seven Hundred Fifty Dollars ($750.00) or
greater; or
2. When such property, although not of a v alue of One Thousand
Dollars ($1,000.00) Seven Hundred Fifty Dollars ($750.00) or
greater, is taken from the pe rson of another.
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Larceny in other cases is petit larceny.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1705, is
amended to read as follows:
Section 1705. A. Grand larceny is a felony punishable as
follows:
1. If the value of the property is less than One Thousand
Dollars ($1,000.00) Seven Hundred Fifty Dollars ($750.00) , the
person shall be punished by imprisonment in th e county jail for a
term not to exceed one (1) year or by incarceration in the county
jail for one or more nigh ts or weekends pursuant to Section 991a -2
of Title 22 of the Oklahoma Statutes, at the option of the co urt, or
by a fine not to exceed One Thousa nd Dollars ($1,000.00), or by both
such imprisonment and fine;
2. If the property is one or more firearms, the property is
taken from the person of another, or the value o f the property is
One Thousand Dollars ($1 ,000.00) Seven Hundred Fifty Dollars
($750.00) or more but less than Two Thousand Five Hundre d Dollars
($2,500.00), the person shall be punished by impri sonment in the
custody of the Department of Corrections for a term not to exceed
two (2) years or in th e county jail for a term not to exceed one (1)
year, or by a fine not to exceed One Thousand Dollars ($1,000.00),
or by both such imprisonment and fine;
3. In the event the value of the property is Two Thousand Fi ve
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
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Dollars ($15,000.00), the person shall be punished by imprisonmen t
in the custody of the Department of Corrections for a term not to
exceed five (5) years or in the county jail for a ter m not to exceed
one (1) year, or by a fine not to exceed One Thousand Dollars
($1,000.00), or by both such imprisonment and fine; or
4. If the value of the property is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be punished by imprison ment
in the custody of the Department of C orrections for a term not to
exceed eight (8) years, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine.
B. The person shall also be ordered to pay restitution to th e
victim as provided in Section 991f of Ti tle 22 of the Oklahoma
Statutes.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1706, is
amended to read as follows:
Section 1706. A. Petit larceny shall be punishable by a fine
of not less than Ten Dollars ($10.00) or more than Five Hundred
Dollars ($500.00), or imprisonment in th e county jail not to exceed
six (6) months, or by both such fine and impr isonment, at the
discretion of the court.
B. Upon a third or subsequent conviction for petit larceny, the
person shall be guilty of a f elony.
SECTION 4. It being immediately necessary for th e preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason where of this act shall take effect and
be in full force from and a fter its passage and approval.
Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate