Req. No. 5701 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2222 By: Ford AS INTRODUCED An Act relating to crimes and punishments; amending 21 O.S. 2021, Sections 1902 and 1903, which relate to the Bus Passenger Safety Act; mod ifying scope of certain definition; defining terms; expanding scope of unlawful acts to include rolling stock transit vehicles and transit workers; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 1902, is amended to read as follows: Section 1902. As used in the Bus Passenger Safety Act: 1. "Bus" means a vehicle designed to carry passengers that is part of a network of passenger vehicles for use by the public, running on a regular schedule of routes, times and fares; 2. "Bus transportation company" or "company" means any person or governmental entity providing for-hire transport to passengers or cargo by bus rolling stock transit vehicles upon the roads, streets, highways and turnpikes of this state; Req. No. 5701 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. "Deadly or dangerous weapon" includes all weapons listed in Section 1287 of this title, and any ot her weapon capable of inflicting serious bodily injury, except for a weapon carried for lawful self-defense in compliance under the Oklahoma Self Defense Act; 4. "Passenger" means any person served by the bu s transportation company; and 5. "Rolling stock transit vehicles" includes buses, vans, cars, railcars, locomotives, trolley cars, ferry boats, and vehicles used for support services; 6. "Terminal" means a bus station o r depot or any facility operated or leased by or operated on behalf of a bus transp ortation company. This term shall include a reasonable area immediately adjacent to any desig nated stop along the route traveled by any bus operated by a bus transportation company and parking lots or parking areas adjacent to a terminal ; and 7. "Transit worker" means any employee, contractor, or volunteer working on behalf of the transit agency. SECTION 2. AMENDATORY 21 O.S. 2021, Section 1903, is amended to read as follows: Section 1903. A. No person shall by force or violence, or threat of force or violence, seize or exercise control of any bus or rolling stock transit vehicle. Any person violating this subsection shall be guilty of a felony a nd shall, upon conviction, be punished Req. No. 5701 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. B. In addition, no person shall intimidate, threaten, assault or batter any driver, attendant transit worker, guard or passenger of any bus or rolling stock transit vehicle with intent to violate subsection A of this section. Any person violating this subsection shall be guilty of a felony and shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, or by a fin e of not more than Five Thousand Dollars ($5,000.00), or by both su ch fine and imprisonment. C. In addition, any person violating subsection A or B of this section using a dangerous or deadly weapon shall be guilty of a felony, and shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. D. It shall be unlawful for any pe rson to discharge any firearm into or within any bus, rolling stock transit vehicle, terminal or other transportation facility, unless such action is determined to have been in defensive force resulting from reasonable fear of imminent peril of death or gr eat bodily harm to himself or herself or another. Such person shall, upon convi ction, be guilty of a Req. No. 5701 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both. SECTION 3. It being immediat ely 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 effect and be in full force from and after its passage an d approval. 59-1-5701 GRS 01/17/23