ENGR. H. B. NO. 2608 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 ENGROSSED HOUSE BILL NO. 2608 By: Humphrey of the House and Bullard of the Senate An Act relating to prisons and reformatories; amending 57 O.S. 2021, Section 583, which relates to the Sex Offenders Registration Act; modifyin g scope of certain definition; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: SECTION 1. AMENDATORY 57 O.S. 2021, Sec tion 583, is amended to read as follows: Section 583. A. Any person who becomes subject to the provisions of the Sex Offenders Registration Act on or after November 1, 1989, shall register, in person, as follows: 1. With the Department of Corrections wi thin three (3) business days of being convicted or receiving a suspen ded sentence or any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, if the person is not incarc erated, or not less than three (3) business days prior to the release of the person from ENGR. H. B. NO. 2608 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 a correctional institution, except as provided in subsection B of this section; 2. With the local law enforcement authority havi ng jurisdiction in the area where the person resides or intends to reside for seven (7) consecutive days or fourteen (14) days in a sixty -day period, or longer, calculated beginning with the first day. Th e registration is required within three (3) days af ter entering the jurisdiction of the law enforcement authority; and 3. With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registrat ion, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student. For purposes of this section, "local law enforcement authority " means: a. the municipal police department, if the person resides or intends to reside or stay within the jur isdiction of any municipality of this state, or b. the county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state, and c. the police or security department of any instituti on of higher learning within this state if the person: ENGR. H. B. NO. 2608 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 (1) enrolls as a full-time or part-time student, (2) is a full-time or part-time employee at an institution of higher learning, or (3) resides or intends to reside or stay on any property owned or cont rolled by the institution of higher learning, and d. the police or law enforcement officers of any federally recognized Indian nation or tribe in Oklahoma if the person resides or intends to reside or stay within the jurisdictional boundaries of the federally recognized Indian nation or tribe, with the understanding that any person registering with a federally recognized Indian nation or tribe in Oklahoma is additionally required to register with the local law enforcement authority identified in this subsection. B. Any person who has been convicted of an offense or received a deferred judgment for an offense in another jurisdictio n, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Se ction 582 of this title and who enters this state on or after November 1, 1989, shall register, in person, as follows: 1. With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) ENGR. H. B. NO. 2608 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 consecutive days or longer, calculated beginning with the first day, has any type of full-time or part-time employment, with or without compensation for more than five (5) cumulative days in any sixty -day period, or is enrolled as a f ull-time or part-time student within this state. Such registration is required within two (2) days after entering the state; 2. With the local law enforcement auth ority having jurisdiction in the area where the person intends to reside or to stay for fiv e (5) consecutive days or longer, cal culated beginning with the first day, has any type of full -time or part-time employment, with or without compensation for more t han five (5) cumulative days in any sixty-day period, or is enrolled as a full -time or part-time student within this state. The registration is required with local law enforcement within two (2) da ys after entering the jurisdiction of the law enforcement authority; and 3. With the Department of Corrections and the local law enforcement authority no less than three (3) business da ys prior to abandoning or moving from the address of the previous regi stration, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student. Upon registering a per son who has been convicted of an offe nse or received a deferred judgment for an offense in another jurisdiction, which offense, if committed or attempted in this state, would have been punishable as one or more of the offenses ENGR. H. B. NO. 2608 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 listed in Section 582 of this title, the local law enforcement authority shall forward the registration information to the sex offender level assignment committee of the Department of Corrections. C. When a person has been convicted or received probation within the State of Oklahoma, the person shall be required to register with the Department of Corrections as follows: 1. For a total period of fifteen (15) years, if the level assignment of the person is one; 2. For a total period of twenty -five (25) years, if the level assignment of the person is two; and 3. For life, if the level assignment of the person is three or the person is classified as a habitual or aggravated sex offender. The registration period shall begin from the date of the completion of the sentence, and shall not c onclude until the offender has been in compliance for the total amount of time required by this act. For level one and level two offenders, if the offender ceases t o properly register during the fifteen -year or twenty-five-year periods, the Department of Corrections shall retain the name of the offender on the registry until the offender has fully complied wit h the requirements of this act for the total period of tim e required. The Department of Corrections shall maintain records necessary to determine whether the offender has registered for the total period of time required. The information received pursuant to the ENGR. H. B. NO. 2608 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 registration with the Department of Corrections re quired by this section shall be maintained by the Department of Corrections for at least ten (10) years from the date that the o ffender completed the obligations under this act. D. When a person ha s been convicted or received probation within the State of Oklahoma, the person shall be required to register with the local law enforcement authorit y as follows: 1. For a total period of fifteen (15) years, if the level of the person is one; 2. For a total period of twenty -five (25) years, if the level of the person is two; and 3. For life, if the level of the person is three or the person has been classified as a habitual or aggravat ed sex offender. The registration period shall begin from the date of completion of the sentence and shall not conclude until th e offender has been in compliance for the total amount of time required by this act. The information received pursuant to the r egistration with the local law enforcement authority required by this section shall be maintained by such authority for at least ten (10) years from the date that the offender completed the obligations under this act. E. Any person assigned a level of one who has been registered for a period of ten (10) years and who has no t been arrested or convicted for any felony or misdemeanor offense since being released from confinement, may petition the district court in the ENGR. H. B. NO. 2608 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 jurisdiction where the person resides for the purpose of removing the level designation and allowing the person to no longer be subject to the registration requirements of the Sex Offenders Registration Act. F. When registering an offender as provided in this section the Department of Correction s or the local law enforcement agency having jurisdiction shall: 1. Inform the offender of the duty to register and obtain the information required for registration as described in this section; 2. Inform the offender that if the offender changes address , the offender shall appear in person and give notice of the move and the new address to the Department of Corrections and to th e local law enforcement authority in the location in which the offender previously resided no later than three (3) days before t he offender establishes residence or is temporarily domiciled at the n ew address; 3. Inform the offender that if the offender c hanges address to another state, the offender shall appear in person and give notice of the move and shall register the new addr ess with the Department of Corrections and with a designated law enfor cement agency in the new state not later than ten (10) day s before the offender establishes residency or is temporarily domiciled in the new state, if the new state has a registration re quirement; ENGR. H. B. NO. 2608 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Inform the offender that if the offender participates i n any full-time employment, with or without compensation, and changes or terminates such employment, the offender shall appear in person and give notice of the change or termination of e mployment to the Department of Corrections and to the local law enforc ement authority in the location where the offender was emp loyed within three (3) days of such change or termination of employment; 5. Inform the offender that if the offender participat es in any full-time or part-time employment, in another state, with or without compensation for more than fourteen (14) cumulati ve days in any sixty-day period or an aggregate period exceeding thirty (30) days in a calendar year, then the offender has a du ty to register as a sex offender in that state; 6. Inform the offende r that if the offender enrolls in any type of school in another state as a full -time or part-time student then the offender has a duty to register as a sex offender in that state; 7. Inform the offender that if the offender enrolls in any school within this state as a full-time or part-time student, then the offender has a duty to register as a sex offender with the Department of Corrections and the l ocal law enforcement authority; 8. Inform the offender that if the offender participates in any full-time or part-time employment at any school, with or without compensation, or participates in any vocational course or occupation at any school in this sta te, then the offender has a duty to a ppear ENGR. H. B. NO. 2608 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in person and notify the Department of Corrections and the local law enforcement authority of such employment or participa tion at least three (3) days before commencing or upon terminating such employment or participation; 9. Inform the offender tha t if the offender graduates, transfers, drops, terminates or otherwise changes enrollment or employment at any school in this st ate, then the offender shall appear in person and notify the Department of Corrections and the local law enforcement authority o f such change in enrollment or employment within three (3) days of the change; and 10. Require the offender to read and sign a form stating that the duty of the person to register under the Sex Offenders Registration Act has been explained. G. For the purpose of this section, the "date of the completion of the sentence" means the day an offender completes all incarceration, proba tion and parole pertaining to the sentence. H. Any person who resides in another state and who has been convicted of an offense or received a deferred judgment for an offense in this state, or in a nother jurisdiction, which offense if committed or attempt ed in this state would have been punishable as one or more of the offenses listed in Sectio n 582 of this title, and who is the spouse of a person living in this state shall be registered as follows: ENGR. H. B. NO. 2608 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. With the Department of Corrections when the person en ters and intends to be in the state for any purpose for five (5) consecutive days or longer , calculated beginning with the first day or an aggregate period of five (5) days or longer in a calendar year. Such registration is required within two (2) days af ter entering the state; and 2. With the local law enforcement authority having jurisdictio n in the area where the person intend s to reside or to stay within this state for two (2) consecutive days or longer, calculated beginning with the first day. The r egistration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement au thority. I. The duty to register as a sex offender in this state shal l not be prevented if, at the time of registration, it is determined that the person owns or leases a residence that is located within a restricted area provided for in Section 590 of th is title. SECTION 2. This act shall become effective November 1, 2023. ENGR. H. B. NO. 2608 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the House of Representatives the 8th day of March, 2023. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2023. Presiding Officer of the Senate