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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2186 By: West (Kevin) and McDugle of
the House
and
Bullard of the Senate
COMMITTEE SUBSTITUTE
An Act relating to crimes and punishments; defining
terms; making certain acts unlawful; providing
penalties; providing preemption provision; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1040.57 of Title 21, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Adult cabaret performance" means a performance in a
location, other than an adult cabaret, that features topless
dancers, go-go dancers, exotic dan cers, strippers, drag performers
or similar entertainers , whose performance is harmful to m inors,
regardless of whether or not the performance is for consideration;
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2. "Drag performer" means a male or female performer who adopts
a flamboyant or parodic feminine or masculine persona with glamorous
or exaggerated costumes and makeup;
3. "Harmful to minors" shall have the same meaning as su ch term
is defined in paragraph 2 of Section 1040.75 of Titl e 21 of the
Oklahoma Statutes;
4. "Minor" means an individual under eighteen (18) years of
age; and
5. "Story hour" means an event hosted by a drag performer who
reads children's books and engages in other learning activities with
minor children present .
B. 1. It shall be unlawful for a person to engage in an adult
cabaret performance which is harmful to minors or to organize or
authorize the viewing of an adult cabaret performance which is
harmful to minors on public property or in a location where the
adult cabaret performance could be viewed by a minor.
2. Any person who violates the provisions of this subsection
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for a
term of not less than thirty (30) days and not exceeding two (2)
years, or by a fine of not less than Five Hundred Dollars ($500.00)
and not exceeding Twenty Thousand Dollars ($20,000.00), or by both
such fine and impriso nment.
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C. 1. It shall be unlawful for a person to organize or
authorize on public property a story hour for minors that is hosted
by a drag performer whos e performance is harmful to minors .
2. Any person who violates the provisions of this subsection
shall, upon conviction, be guilty of a misdemeano r punishable by
imprisonment in a county jail for a term not exceeding one (1) year,
or by a fine of not less than Five Hundred Dollars ($500.00) and n ot
exceeding One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
D. The provisions of this section shall preempt any ordinance,
regulation, or restriction that was lawfully adopted or license that
was issued by a political s ubdivision of this state prior to the
effective date of this act tha t is in conflict with the provisions
of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take eff ect and
be in full force from and after its pas sage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/23/2023 - DO PASS, As Amended and Coauthored.