Oklahoma 2024 Regular Session

Oklahoma House Bill HB3996 Compare Versions

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	30	+	April 4, 2024
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3	34		BILL NO. 3996 By: Fetgatter of the House
4	35
5	36		and
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7	38		Rader of the Senate
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14	45		An Act relating to crimes and punishments; amending
15		-	21 O.S. 2021, Section 1451, which relates to the
16		-	crime of embezzlement; modifying time limitation for
	46	+	21 O.S. 2021, Section 1451, as amended by Section 2,
	47	+	Chapter 116, O.S.L. 2018, which relates to the crime
	48	+	of embezzlement; modifying time limitation for
17	49		certain circumstance; and providing an effective
18	50		date.
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22		-	SUBJECT: Crimes and punishments
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23	56
24	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
25		-
26		-	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1451, is
27		-	amended to read as follows:
28		-
	58	+	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1451, as
	59	+	amended by Section 2, Chapter 116, O.S.L. 2018, is amended to read
	60	+	as follows:
29	61		Section 1451. A. Embezzlement is the fraudulent appropriation
30	62		of property of any person or legal entity, legally obtained, to any
31	63		use or purpose not intended or authorized by its owner, or the
32	64		secretion of the property with the fraudulent intent to appropriate
33	65		it to such use or purpose, und er any of the following circumstances:
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35	93		1. Where the property was obtained by being entrusted to that
36	94		person for a specifi c purpose, use, or disposition and shall
37	95		include, but not be limited to, any funds "held in trust" for any
38	96		purpose;
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40	97		2. Where the property was obtained by virtue of a power of
41	98		attorney being granted for the sale or transfer of the property;
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43	99		3. Where the property is possessed or controlled for the use of
44	100		another person;
45		-	ENR. H. B. NO. 3996 Page 2
46	101		4. Where the property is to be used for a public or benevolent
47	102		purpose;
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49	103		5. Where any person diverts any money appropriated by law from
50	104		the purpose and object of the appropriation;
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52	105		6. Where any person fails or refuses to pay over to the state,
53	106		or appropriate authority, any tax or other monies collected in
54	107		accordance with state law, and who appropriates the tax or monies to
55	108		the use of that person, or to the use of any other person not
56	109		entitled to the tax or monies;
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58	110		7. Where the property is possessed for the purpose of
59	111		transportation, without regard to whether packages con taining the
60	112		property have been broken;
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62	113		8. Where any person removes crops from any leased or rented
63	114		premises with the inte nt to deprive the owner or landlord interested
64	115		in the land of any of the rent due from that land, or who
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65	143		fraudulently appropriates the rent to that person or any other
66	144		person; or
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68	145		9. Where the property is possessed or controlled by virtue of a
69	146		lease or rental agreement, and the property is willfully or
70	147		intentionally not returned within ten (10) days five (5) days after
71	148		the expiration of the agreement or forty-eight (48) hours for heavy
72	149		equipment.
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74	150		Embezzlement does not require a distinct act of taking, but o nly
75	151		a fraudulent appropriation, conversion or use of property.
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77	152		B. Except as provided in subsection C of this section,
78	153		embezzlement shall be punished as follows:
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80	154		1. If the value of the property embezzled is less than One
81	155		Thousand Dollars ($1,000.00), any person convicted shall be guilty
82	156		of a misdemeanor punishable by a fine not exceeding One Thousand
83	157		Dollars ($1,000.00), by imprisonment in the county jail for a term
84	158		not to exceed one (1) year or, at the discretion of the court, by
85	159		imprisonment in the count y jail for one or more nights or weekends
86	160		pursuant to Section 991a -2 of Title 22 of the Oklahoma Statutes, or
87	161		by both such fine and imprisonment;
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89	162		2. If the value of the property embezzled is One Thousand
90		-	Dollars ($1,000.00) or more but less than Two ~~Thousand~~ Five Hundred ~~ENR. H. B. NO. 3996 Page 3~~
	163	+	Dollars ($1,000.00) or more but less than Two Thous and Five Hundred
91	164		Dollars ($2,500.00), any person convicted shall be guilty of a
92	165		felony punishable by imprisonment in the custody of th e Department
93	166		of Corrections for a term not to exceed two (2) years or in the
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94	194		county jail for a term not to exceed one (1) year, shall be subject
95	195		to a fine not exceeding Five Thousand Dollars ($5,000.00), and
96	196		ordered to pay restitution to the victim as provided in Section 991f
97	197		of Title 22 of the Oklahoma Statutes;
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99	198		3. If the value of the property embezzled is Two Thousand Five
100	199		Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
101	200		Dollars ($15,000.00), any person convicted shall be guilty of a
102	201		felony punishable by imprisonment in the custody of the Department
103	202		of Corrections for a term not to exceed five (5) years, s hall be
104	203		subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
105	204		and ordered to pay restitution to the victim as provided in Section
106	205		991f of Title 22 of the Oklahoma Statutes; or
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108	206		4. If the value of the property embezzled is Fifteen Thousand
109	207		Dollars ($15,000.00) or more, any person convicted shall be guilty
110	208		of a felony punishable by imprisonment in the custody of the
111	209		Department of Corrections for a term not to exceed eight (8) years,
112	210		subject to a fine not exceeding Ten Thousand Dollars ($10,000.00 ),
113	211		and ordered to pay restitution to the victim as provided in Section
114	212		991f of Title 22 of the Oklahoma Statutes.
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116	213		For purposes of this subsection, a series of offenses may be
117	214		aggregated into one offense when they are the result of the
118	215		formulation of a plan or scheme or the setting up of a mechanism
119	216		which, when put into operation, results in the taking or diversion
120	217		of money or property on a recurring basis. When all acts result
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121	245		from a continuing course of conduct, they may be aggregated into one
122	246		crime. Acts forming an integral part of the first taking which
123	247		facilitate subsequent takings, or acts taken in preparation of
124	248		several takings which facilitate subsequent takings, are relevant to
125	249		determine the intent of the party to commit a continuing crime.
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127	250		C. Any county or state officer, deputy or employee of such
128	251		officer, who shall divert any money appropriated by law from the
129	252		purpose and object of the appropriation shall, upon conviction, be
130	253		guilty of a felony punishable by imprisonment in the custody of the
131	254		Department of Corrections for a term not less than one (1) year nor
132	255		more than ten (10) years, and a fine equal to triple the amount of
133	256		money so embezzled and ordered to pay restitution to the victim as
134	257		provided in Section 991f of Title 22 of the Oklahoma Stat utes. The
135		-	fine shall operate as a judgment lien at law on all estate of the ~~ENR. H. B. NO. 3996 Page 4~~
	258	+	fine shall operate as a judgment lien at law on all estate of the
136	259		party so convicted and sentenced, and shall be enforced b y execution
137	260		or other process for the use of the person whose money or other
138	261		funds or property were embezzled. In all case s the fine, so
139	262		operating as a judgment lien, shall be released or entered as
140	263		satisfied only by the person in interest.
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142	264		D. Any executor, administrator, trustee, beneficiary or other
143	265		person benefiting from, acting in a fiduciary capacity for, or
144	266		otherwise administering a probate, intestate, or trust estate,
145	267		whether the trust is inter vivos or testamentary, upon conviction of
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146	295		embezzlement from the estate shall not receive any portion, share,
147	296		gift or otherwise benefit from the estate.
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149	297		SECTION 2. This act shall become effective November 1, 2024.
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152		-	ENR. H. B. NO. 3996 Page 5
153		-	Passed the House of Representatives the 13th day of March, 2024.
154		-
155		-
156		-
157		-
158		-	Presiding Officer of the House
159		-	of Representatives
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163		-	Passed the Senate the 16th day of April, 2024.
164		-
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168		-	Presiding Officer of the Senate
169		-
170		-	OFFICE OF THE GOVERNOR
171		-	Received by the Office of the Governo r this ____________________
172		-	day of ___________________, 20_______, at _______ o'clock _______ M.
173		-	By: _________________________________
174		-	Approved by the Governor of the State of Oklahoma this _____ ____
175		-	day of ___________________, 20_______, at _______ o'cloc k _______ M.
176		-
177		-
178		-	_________________________________
179		-	Governor of the State of Oklahoma
180		-
181		-	OFFICE OF THE SECRETARY OF STATE
182		-	Received by the Office of the Secretary of State this __________
183		-	day of ___________________, 20_______, at _______ o'clock _______ M.
184		-	By: _________________________________
185		-
	298	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	299	+	April 4, 2024 - DO PASS