Oklahoma 2023 Regular Session

Oklahoma House Bill HB2186 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2186 HFLR Page 1
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	3	+	Req. No. 7683 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37		-	HOUSE BILL NO. 2186 By: West (Kevin) and McDugle of
38		-	the House
	34	+	HOUSE BILL NO. 2186 By: West (Kevin)
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40		-	and
41		-
42		-	Bullard of the Senate
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47	40		COMMITTEE SUBSTITUTE
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49	42		An Act relating to crimes and punishments; defining
50	43		terms; making certain acts unlawful; providing
51	44		penalties; providing preemption provision; providing
52	45		for codification; and declaring an emergency.
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57	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
58	51		SECTION 1. NEW LAW A new section of law to be c odified
59	52		in the Oklahoma Statutes as Section 1040.57 of Title 21, unless
60	53		there is created a duplication in numbering, reads as follows:
61	54		A. As used in this section:
62	55		1. "Adult cabaret performance" means a performance in a
63	56		location, other than an adult cabaret, that features topless
64	57		dancers, go-go dancers, exotic dan cers, strippers, drag performers
65	58		or similar entertainers , whose performance is harmful to m inors,
66	59		regardless of whether or not the performance is for consideration;
	60	+	2. "Drag performer" means a male or female performer who adopts
	61	+	a flamboyant or parodic feminine or masculine persona with glamorous
	62	+	or exaggerated costumes and makeup;
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68		-	HB2186 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	64	+	Req. No. 7683 Page 2 1
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94		-	2. "Drag performer" means a male or female performer who adopts
95		-	a flamboyant or parodic feminine or masculine persona with glamorous
96		-	or exaggerated costumes and makeup;
97	89		3. "Harmful to minors" shall have the same meaning as su ch term
98	90		is defined in paragraph 2 of Section 1040.75 of Titl e 21 of the
99	91		Oklahoma Statutes;
100	92		4. "Minor" means an individual under eighteen (18) years of
101	93		age; and
102	94		5. "Story hour" means an event hosted by a drag performer who
103	95		reads children's books and engages in other learning activities with
104	96		minor children present .
105	97		B. 1. It shall be unlawful for a person to engage in an adult
106	98		cabaret performance which is harmful to minors or to organize or
107	99		authorize the viewing of an adult cabaret performance which is
108	100		harmful to minors on public property or in a location where the
109	101		adult cabaret performance could be viewed by a minor.
110	102		2. Any person who violates the provisions of this subsection
111	103		shall, upon conviction, be guilty of a felony punishable by
112	104		imprisonment in the custody of the Department of Corrections for a
113	105		term of not less than thirty (30) days and not exceeding two (2)
114	106		years, or by a fine of not less than Five Hundred Dollars ($500.00)
115	107		and not exceeding Twenty Thousand Dollars ($20,000.00), or by both
116	108		such fine and impriso nment.
	109	+	C. 1. It shall be unlawful for a person to organize or
	110	+	authorize on public property a story hour for minors that is hosted
	111	+	by a drag performer whos e performance is harmful to minors .
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118		-	HB2186 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	113	+	Req. No. 7683 Page 3 1
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144		-	C. 1. It shall be unlawful for a person to organize or
145		-	authorize on public property a story hour for minors that is hosted
146		-	by a drag performer whos e performance is harmful to minors .
147	138		2. Any person who violates the provisions of this subsection
148	139		shall, upon conviction, be guilty of a misdemeano r punishable by
149	140		imprisonment in a county jail for a term not exceeding one (1) year,
150	141		or by a fine of not less than Five Hundred Dollars ($500.00) and n ot
151	142		exceeding One Thousand Dollars ($1,000.00), or by both such fine and
152	143		imprisonment.
153	144		D. The provisions of this section shall preempt any ordinance,
154	145		regulation, or restriction that was lawfully adopted or license that
155	146		was issued by a political s ubdivision of this state prior to the
156	147		effective date of this act tha t is in conflict with the provisions
157	148		of this section.
158	149		SECTION 2. It being immediately necessary for the preservation
159	150		of the public peace, health or safety, an emergency is hereby
160	151		declared to exist, by reason whereof this act shall take eff ect and
161	152		be in full force from and after its pas sage and approval.
162	153
163		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
164		-	02/23/2023 - DO PASS, As Amended and Coauthored.
	154	+	59-1-7683 GRS 02/22/23
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