Oklahoma 2023 Regular Session

Oklahoma House Bill HB2655 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2655 By: Steagall
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38	38	AS INTRODUCED
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40	40	An Act relating to crimes and punishments; amending
41	41	21 O.S. 2021, Section 1321.4, which relates to the
42	42	Oklahoma Riot Control and Prevention Act; removing
43	43	ability of Governor to restrict c ertain activities
44	44	during state of emergency; and providing an effective
45	45	date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1321.4, is
54	54	amended to read as follows:
55	55	Section 1321.4 A. The Governor during the existence of a state
56	56	of emergency, by proclamation, may, in the area described by the
57	57	proclamation, which proclamation shall not cover any part or portion
58	58	of the state not affected by public disorder, disaster, or riot at
59	59	the time the proclamation is issued, prohibit:
60	60	1. Any person being on the public streets , or in the public
61	61	parks or at any other public place during the hours declared by the
62	62	Governor to be a period of curfew;
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89	89	2. A designated number of persons, as designated by the
90	90	Governor, from assembling or gathering on the public streets, parks,
91	91	or other open areas of this state, either public or private;
92	92	3. The manufacture, transfer, use, possession or transportation
93	93	of a Molotov cocktail or any other devic e, instrument or object
94	94	designed to explode or produce uncontained combustion;
95	95	4. 3. The transporting, possessing or using of gasoline,
96	96	kerosene, or combustible, flammable, or explosive liquids or
97	97	materials in a glass or uncapped container of any kind exc ept in
98	98	connection with the normal operation of motor vehicles, normal home
99	99	use or legitimate commercial use; and
100	100	5. The sale, purchase or dispensing of alcoholic beverages;
101	101	6. The sale, purchase or dispensing of other commodities or
102	102	goods, as the Governo r reasonably believes should be prohibited to
103	103	help preserve and maintain life, health, property or the public
104	104	peace;
105	105	7. 4. The use of certain streets, highways or public ways by
106	106	the public; and
107	107	8. Such other activities as the Governor reasonably believes
108	108	should be prohibited to help preserve and maintain life, health,
109	109	property or the public peace .
110	110	B. Notwithstanding this section or any other law of this state,
111	111	neither the Governor nor any official of a municipal or state entity
112	112	shall prohibit or suspend the sale, ownership, possession,
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139	139	transportation, carrying, transfer and storage of firearms,
140	140	ammunition and ammunition accessories during a declared state of
141	141	emergency, that are otherwis e legal under state law.
142	142	C. In imposing the restrictions provided for by the Oklahoma
143	143	Riot Control and Prevention Act, the Governor may impose them for
144	144	such times, upon such conditions, with such exceptions and in such
145	145	areas of this state the Governor fro m time to time deems necessary.
146	146	D. Any individual aggrieved by a viol ation of subsection B of
147	147	this section may seek relief in an action at law or in equity for
148	148	redress against any person who subjects such individual or causes
149	149	such individual to be subject ed to an action prohibited by
150	150	subsection B of this section. In additi on to any other remedy at
151	151	law or in equity, an individual aggrieved by the seizure or
152	152	confiscation of a firearm or ammunition in violation of subsection B
153	153	of this section may bring an ac tion for the return of such firearm
154	154	or ammunition in the district cour t of the county in which that
155	155	individual resides or in which such firearm or ammunition is
156	156	located. In any action or proceeding to enforce the provisions of
157	157	this section, the court shal l award the prevailing plaintiff costs
158	158	and reasonable attorney fees.
159	159	SECTION 2. This act shall become effective November 1, 2023.
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161	161	59-1-6143 TJ 12/14/22