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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. 2608 By: Humphrey
COMMITTEE SUBSTITUTE
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 suspended 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
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than three (3) business days prior to the release of the person from
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
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c. the police or security department of any instituti on
of higher learning within this state if the person:
(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 enfo rcement 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:
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1. With the Department of Corrections when the person enters
and intends to be in the state for any purpose for five (5)
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) days 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 registration,
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
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jurisdiction, which offense, if committed or attempted in this
state, would have been punishable as one or more of the offenses
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 with
the requirements of this act for the total period of tim e required.
The Department of Corrections shall maintain records necessary to
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determine whether the offender has registered for the total period
of time required. The information received pursuant to the
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 has 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 not been arrested or
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convicted for any felony or misdemeanor offense since being released
from confinement, may petition the district court in the
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 new
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 enforcement agency in the
new state not later than ten (10) day s before the offender
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establishes residency or is temporarily domiciled in the new state,
if the new state has a registration re quirement;
4. Inform the offender that if the offender participates in 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 enforcement 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 offender 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
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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
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 another 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
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who is the spouse of a person living in this state shall be
registered as follows:
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 shall
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.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 03/02/2023 - DO PASS, As Amended.