Oklahoma 2023 Regular Session

Oklahoma House Bill HB2608 Compare Versions

Version 1 (Old)

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3	34		BILL NO. 2608 By: Humphrey of the House
4	35
5	36		and
6	37
7		-	Bullard and Jett of the
8		-	Senate
9		-
10		-
	38	+	Bullard of the Senate
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15	43		An Act relating to prisons and reformatories;
16	44		amending 57 O.S. 2021, Section 583, which relates to
17	45		the Sex Offenders Registration Act; modifying scope
18	46		of certain definition; and providing an effective
19	47		date.
20	48
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24		-	SUBJECT: Prisons and reformatories
25	52
26	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
27		-
28	54		SECTION 1. AMENDATORY 57 O.S. 2021, Sec tion 583, is
29	55		amended to read as follows:
30		-
31	56		Section 583. A. Any person who becomes subject to the
32	57		provisions of the Sex Offenders Registration Act on or after
33	58		November 1, 1989, shall register, in person, as follows:
34		-
35	59		1. With the Department of Corrections wi thin three (3) business
36	60		days of being convicted or receiving a suspended sentence or any
37	61		probationary term, including a deferred sentence imposed in
38	62		violation of subsection G of Section 991c of Title 22 of the
39	63		Oklahoma Statutes, if the person is not incarc erated, or not less
40	64		than three (3) business days prior to the release of the person from
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41	92		a correctional institution, except as provided in subsection B of
42	93		this section;
43		-
44	94		2. With the local law enforcement authority havi ng jurisdiction
45	95		in the area where the person resides or intends to reside for seven
46		-	(7) consecutive days or fourteen (14) days in a sixty -day period, or ~~ENR. H. B. NO. 2608 Page 2~~
	96	+	(7) consecutive days or fourteen (14) days in a sixty -day period, or
47	97		longer, calculated beginning with the first day. Th e registration
48	98		is required within three (3) days af ter entering the jurisdiction of
49	99		the law enforcement authority; and
50		-
51	100		3. With the Department of Corrections and the local law
52	101		enforcement authority no less than three (3) business days prior to
53	102		abandoning or moving from the address of the previous registrat ion,
54	103		or within three (3) business days of changing or terminating
55	104		employment, or changing enrollment status as a student.
56		-
57	105		For purposes of this section, "local law enforcement authority "
58	106		means:
59		-
60	107		a. the municipal police department, if the person resides
61	108		or intends to reside or stay within the jur isdiction
62	109		of any municipality of this state, or
63		-
64	110		b. the county sheriff, if the person resides or intends
65	111		to reside or stay at any place outside the
66	112		jurisdiction of any municipality within this state,
67	113		and
68		-
69	114		c. the police or security department of any instituti on
70	115		of higher learning within this state if the person:
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72	143		(1) enrolls as a full-time or part-time student,
73		-
74	144		(2) is a full-time or part-time employee at an
75	145		institution of higher learning, or
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77	146		(3) resides or intends to reside or stay on any
78	147		property owned or cont rolled by the institution
79	148		of higher learning, and
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81	149		d. the police or law enforcement officers of any
82	150		federally recognized Indian nation or tribe in
83	151		Oklahoma if the person resides or intends to reside or
84	152		stay within the jurisdictional boundaries of the
85	153		federally recognized Indian nation or tribe, with the
86	154		understanding that any person registering with a
87	155		federally recognized Indian nation or tribe in
88	156		Oklahoma is additionally required to register with the
89	157		local law enforcement authority identified in this
90	158		subsection.
91		-	ENR. H. B. NO. 2608 Page 3
92	159		B. Any person who has been convicted of an offense or received
93	160		a deferred judgment for an offense in another jurisdictio n, which
94	161		offense if committed or attempted in this state, would have been
95	162		punishable as one or more of the offenses listed in Se ction 582 of
96	163		this title and who enters this state on or after November 1, 1989,
97	164		shall register, in person, as follows:
98		-
99	165		1. With the Department of Corrections when the person enters
100	166		and intends to be in the state for any purpose for five (5)
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101	194		consecutive days or longer, calculated beginning with the first day,
102	195		has any type of full-time or part-time employment, with or without
103	196		compensation for more than five (5) cumulative days in any sixty -day
104	197		period, or is enrolled as a f ull-time or part-time student within
105	198		this state. Such registration is required within two (2) days after
106	199		entering the state;
107		-
108	200		2. With the local law enforcement auth ority having jurisdiction
109	201		in the area where the person intends to reside or to stay for fiv e
110	202		(5) consecutive days or longer, cal culated beginning with the first
111	203		day, has any type of full-time or part-time employment, with or
112	204		without compensation for more t han five (5) cumulative days in any
113	205		sixty-day period, or is enrolled as a full -time or part-time student
114	206		within this state. The registration is required with local law
115	207		enforcement within two (2) days after entering the jurisdiction of
116	208		the law enforcement authority; and
117		-
118	209		3. With the Department of Corrections and the local law
119	210		enforcement authority no less than three (3) business da ys prior to
120	211		abandoning or moving from the address of the previous registration,
121	212		or within three (3) business days of changing or terminating
122	213		employment, or changing enrollment status as a student.
123		-
124	214		Upon registering a per son who has been convicted of an offe nse
125	215		or received a deferred judgment for an offense in another
126	216		jurisdiction, which offense, if committed or attempted in this
127	217		state, would have been punishable as one or more of the offenses
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128	245		listed in Section 582 of this title, the local law enforcement
129	246		authority shall forward the registration information to the sex
130	247		offender level assignment committee of the Department of
131	248		Corrections.
132		-
133	249		C. When a person has been convicted or received probation
134	250		within the State of Oklahoma, the person shall be required to
135	251		register with the Department of Corrections as follows:
136		-	ENR. H. B. NO. 2608 Page 4
137	252		1. For a total period of fifteen (15) years, if the level
138	253		assignment of the person is one;
139		-
140	254		2. For a total period of twenty -five (25) years, if the level
141	255		assignment of the person is two; and
142		-
143	256		3. For life, if the level assignment of the person is three or
144	257		the person is classified as a habitual or aggravated sex offender.
145		-
146	258		The registration period shall begin from the date of the completion
147	259		of the sentence, and shall not c onclude until the offender has been
148	260		in compliance for the total amount of time required by this act.
149	261		For level one and level two offenders, if the offender ceases t o
150	262		properly register during the fifteen -year or twenty-five-year
151	263		periods, the Department of Corrections shall retain the name of the
152	264		offender on the registry until the offender has fully complied with
153	265		the requirements of this act for the total period of tim e required.
154	266		The Department of Corrections shall maintain records necessary to
155	267		determine whether the offender has registered for the total period
156	268		of time required. The information received pursuant to the
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157	296		registration with the Department of Corrections re quired by this
158	297		section shall be maintained by the Department of Corrections for at
159	298		least ten (10) years from the date that the o ffender completed the
160	299		obligations under this act.
161		-
162	300		D. When a person has been convicted or received probation
163	301		within the State of Oklahoma, the person shall be required to
164	302		register with the local law enforcement authorit y as follows:
165		-
166	303		1. For a total period of fifteen (15) years, if the level of
167	304		the person is one;
168		-
169	305		2. For a total period of twenty -five (25) years, if the level
170	306		of the person is two; and
171		-
172	307		3. For life, if the level of the person is three or the person
173	308		has been classified as a habitual or aggravat ed sex offender.
174		-
175	309		The registration period shall begin from the date of completion of
176	310		the sentence and shall not conclude until th e offender has been in
177	311		compliance for the total amount of time required by this act. The
178	312		information received pursuant to the r egistration with the local law
179	313		enforcement authority required by this section shall be maintained
180	314		by such authority for at least ten (10) years from the date that the
181		-	offender completed the obligations under this act. ENR. H. B. NO. 2608 Page 5
182		-
	315	+	offender completed the obligations under this act.
183	316		E. Any person assigned a level of one who has been registered
184	317		for a period of ten (10) years and who has not been arrested or
185	318		convicted for any felony or misdemeanor offense since being released
186	319		from confinement, may petition the district court in the
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187	347		jurisdiction where the person resides for the purpose of removing
188	348		the level designation and allowing the person to no longer be
189	349		subject to the registration requirements of the Sex Offenders
190	350		Registration Act.
191		-
192	351		F. When registering an offender as provided in this section the
193	352		Department of Correction s or the local law enforcement agency having
194	353		jurisdiction shall:
195		-
196	354		1. Inform the offender of the duty to register and obtain the
197	355		information required for registration as described in this section;
198		-
199	356		2. Inform the offender that if the offender changes address ,
200	357		the offender shall appear in person and give notice of the move and
201	358		the new address to the Department of Corrections and to th e local
202	359		law enforcement authority in the location in which the offender
203	360		previously resided no later than three (3) days before t he offender
204	361		establishes residence or is temporarily domiciled at the new
205	362		address;
206		-
207	363		3. Inform the offender that if the offender c hanges address to
208	364		another state, the offender shall appear in person and give notice
209	365		of the move and shall register the new addr ess with the Department
210	366		of Corrections and with a designated law enforcement agency in the
211	367		new state not later than ten (10) day s before the offender
212	368		establishes residency or is temporarily domiciled in the new state,
213	369		if the new state has a registration re quirement;
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215	397		4. Inform the offender that if the offender participates in any
216	398		full-time employment, with or without compensation, and changes or
217	399		terminates such employment, the offender shall appear in person and
218	400		give notice of the change or termination of e mployment to the
219	401		Department of Corrections and to the local law enforcement authority
220	402		in the location where the offender was emp loyed within three (3)
221	403		days of such change or termination of employment;
222		-
223	404		5. Inform the offender that if the offender participat es in any
224	405		full-time or part-time employment, in another state, with or without
225	406		compensation for more than fourteen (14) cumulati ve days in any
226		-	sixty-day period or an aggregate period exceeding thirty (30) days ~~ENR. H. B. NO. 2608 Page 6~~
	407	+	sixty-day period or an aggregate period exceeding thirty (30) days
227	408		in a calendar year, then the offender has a du ty to register as a
228	409		sex offender in that state;
229		-
230	410		6. Inform the offender that if the offender enrolls in any type
231	411		of school in another state as a full -time or part-time student then
232	412		the offender has a duty to register as a sex offender in that state;
233		-
234	413		7. Inform the offender that if the offender enrolls in any
235	414		school within this state as a full-time or part-time student, then
236	415		the offender has a duty to register as a sex offender with the
237	416		Department of Corrections and the l ocal law enforcement authority;
238		-
239	417		8. Inform the offender that if the offender participates in any
240	418		full-time or part-time employment at any school, with or without
241	419		compensation, or participates in any vocational course or occupation
242	420		at any school in this sta te, then the offender has a duty to a ppear
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243	448		in person and notify the Department of Corrections and the local law
244	449		enforcement authority of such employment or participa tion at least
245	450		three (3) days before commencing or upon terminating such employment
246	451		or participation;
247		-
248	452		9. Inform the offender tha t if the offender graduates,
249	453		transfers, drops, terminates or otherwise changes enrollment or
250	454		employment at any school in this st ate, then the offender shall
251	455		appear in person and notify the Department of Corrections and the
252	456		local law enforcement authority o f such change in enrollment or
253	457		employment within three (3) days of the change; and
254		-
255	458		10. Require the offender to read and sign a form stating that
256	459		the duty of the person to register under the Sex Offenders
257	460		Registration Act has been explained.
258		-
259	461		G. For the purpose of this section, the "date of the completion
260	462		of the sentence" means the day an offender completes all
261	463		incarceration, proba tion and parole pertaining to the sentence.
262		-
263	464		H. Any person who resides in another state and who has been
264	465		convicted of an offense or received a deferred judgment for an
265	466		offense in this state, or in another jurisdiction, which offense if
266	467		committed or attempt ed in this state would have been punishable as
267	468		one or more of the offenses listed in Sectio n 582 of this title, and
268	469		who is the spouse of a person living in this state shall be
269	470		registered as follows:
270		-	ENR. H. B. NO. 2608 Page 7
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271	498		1. With the Department of Corrections when the person en ters
272	499		and intends to be in the state for any purpose for five (5)
273	500		consecutive days or longer , calculated beginning with the first day
274	501		or an aggregate period of five (5) days or longer in a calendar
275	502		year. Such registration is required within two (2) days af ter
276	503		entering the state; and
277		-
278	504		2. With the local law enforcement authority having jurisdictio n
279	505		in the area where the person intend s to reside or to stay within
280	506		this state for two (2) consecutive days or longer, calculated
281	507		beginning with the first day. The r egistration is required with
282	508		local law enforcement within two (2) days after entering the
283	509		jurisdiction of the law enforcement au thority.
284		-
285	510		I. The duty to register as a sex offender in this state shall
286	511		not be prevented if, at the time of registration, it is determined
287	512		that the person owns or leases a residence that is located within a
288	513		restricted area provided for in Section 590 of th is title.
289		-
290	514		SECTION 2. This act shall become effective November 1, 2023.
291		-	ENR. H. B. NO. 2608 Page 8
292		-	Passed the House of Representatives the 8th day of March, 2023.
293		-
294		-
295		-
296		-
297		-	Presiding Officer of the House
298		-	of Representatives
299		-
300		-
301		-
302		-	Passed the Senate the 19th day of April, 2023.
303		-
304		-
305		-
306		-
307		-	Presiding Officer of the Senate
308		-
309		-
310		-
311		-	OFFICE OF THE GOVERNOR
312		-	Received by the Office of the Governor this ____________________
313		-	day of ___________________, 20_______, at _______ o'clock _______ M.
314		-	By: _________________________________
315		-	Approved by the Governor of the State of Oklahoma this _____ ____
316		-	day of ___________________, 20_______, at _______ o'clock _______ M.
317		-
318		-
319		-	_________________________________
320		-	Governor of the State of Oklahoma
321		-
322		-	OFFICE OF THE SECRETARY OF STATE
323		-	Received by the Office of the Secretary of State this __________
324		-	day of ___________________, 20_______, at _______ o'clock _______ M.
325		-	By: _________________________________
	515	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	516	+	April 13, 2023 - DO PASS