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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1418 By: Kirt
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1031, as amended by Section 2,
Chapter 265, O.S.L. 2023 (21 O.S. Supp. 2023, Section
1031), which relates to criminal offenses; modifying
penalty provisions related to HIV; providing for
certain petition under certain circumstances;
amending 57 O.S. 2021, Section 138, which relates to
earned credits; conforming language; updating
statutory references; repealing 21 O.S. 2021,
Sections 1192 and 1192.1, which relate t o the
decriminalization of certain infectious diseases;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1031, as
amended by Section 2, Chapter 265, O.S.L. 2023 (21 O.S. Supp. 202 3,
Section 1031), is amended to read as follows:
Section 1031. A. Except as p rovided in subsection B , C, or D,
or E of this section, any person violating any of the provisions of
Section 1028, or paragraph 1, 2, 3, or 5 of subsection A of Section
1029, or Section 1030 of this title shall, upon conviction, be
guilty of a misdemeanor and shall be punished by imprisonment in the
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county jail for not less than thirty (30) days nor more than one (1)
year or by fines as follows: a fine not more than Two Thousan d Five
Hundred Dollars ($2,500.00) upon the first conviction for violation
of any of such provisions, a fine not more than Five Thousand
Dollars ($5,000.00) upon the second conviction for violation of any
of such provisions, and a fine not more than Seven Thousand Five
Hundred Dollars ($7,500.00) upon the third o r subsequent convictions
for violation of any of such provisions, or by both such
imprisonment and fine. In addition, the court may require a term of
community service not less than forty (40) nor more than eighty (80)
hours. The court in which any such conviction is had sha ll notify
the county superintendent o f public health local health department
of such conviction.
B. Any person who engages in an act of prostitution with
knowledge that he or s he is infected with the human immunodeficiency
virus shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for not
more than five (5) years.
C. Any person who engages in an act of child pr ostitution as
defined in Section 1030 of this title shall, upon conviction, be
guilty of a felony punishable by impr isonment in the custody of the
Department of Corrections for not more than ten (10) years and by
fines as follows: a fine not more than Five Thousand Dollars
($5,000.00) upon the first conviction, a fine not more than Ten
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Thousand Dollars ($10,000.00) upon the second conviction, and a fine
not more than Fifteen Thousand Dollars ($15,000.00) upon the third
or subsequent convictions.
D. C. Any person violating any of the provisions of Section
1028, or 1029 or 1030 of this title within one thousand (1,000) feet
of a school or church shall , upon conviction, be guilty of a felony
and shall be punished by imprisonment in the custody of the
Department of Corrections for not more than five (5) years or by
fines as follows: a fine not more than Two Thousand Five Hundred
Dollars ($2,500.00) upon the first conviction for violation of any
of such provisions, a fine not more than Five Thousand Dollars
($5,000.00) upon the second conviction for violation of any of such
provisions, and a fine not more than Seven Thousan d Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such provisions, or by both such impriso nment
and fine. In addition, the court may require a term of community
service not less than forty (40) nor more than eighty (80) hours.
The court in which any Upon such conviction is had, the court shall
notify the county superintendent of pub lic health local health
department of such conviction.
E. D. Any person violating parag raph 4 of subsection A of
Section 1029 of this title shall, upon conviction, be guilty of a
felony and shall be punished in accordance with the provisions of
subsection B of Section 3 1040.57 of this act title.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1192.2 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A person currently serving a sentence for a conviction, whether
by trial or plea of guilty or no lo contendere, prior to the
effective date of this act, for the following:
1. Knowingly engaging in prostitution while infec ted with HIV;
2. Spreading infectious diseases; or
3. Knowingly engaging in conduct reasonably likely to transfer
HIV,
may file a petition for resentencing, re versal of conviction and
dismissal of case, or modification of judgment and sentence before
the trial court that entered the judgment of conviction in the
person’s case to request resentencing, modification, or reversal of
the conviction and sentence.
SECTION 3. AMENDATORY 57 O.S. 2021, Section 138, is
amended to read as follows:
Section 138. A. Except as otherwise provide d by law, every
inmate of a state correctional institution shall have their term of
imprisonment reduced monthly, based upon the class level to which
they are assigned. Earned credits may be subtracted from the total
credits accumulated by an inmate, upon recommendation of the
institution’s disciplinary committee, following due proc ess, and
upon approval of the warden or superintendent. Each earned credit
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is equivalent to one (1) day of incarceration. Lost credits may be
restored by the warden or superin tendent upon approval of the
classification committee. If a maximum and minimum term of
imprisonment is imposed, the provisions of this subsection shall
apply only to the maximum term. No deductions shall be credited to
any inmate serving a sentence of l ife imprisonment; however, a
complete record of the inmate ’s participation in w ork, school,
vocational training, or other approved program shall be maintained
by the Department of Corrections for consideration by the paroling
authority. No earned credit d eductions shall be credited or
recorded for any inmate serving any sentence for a criminal act
which resulted in the death of a police officer, a law enforcement
officer, an employee of the Department of Corrections, or an
employee of a private prison cont ractor and the death occurre d while
the police officer, law enforcement officer, employee of the
Department of Corrections, or employee of a private prison
contractor was acting within the sco pe of their employment. No
earned credit deductions shall be cr edited or recorded for any
person who is referred to an intermediate revocation facility for
violating any of the terms and conditions of probation.
B. The Department of Corrections is directed to develop a
written policy and procedure whereby inmates sha ll be assigned to
one of four class levels determined by an adjustment review
committee of the facility t o which the inmate is assigned. The
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policies and procedures developed by the Departmen t shall include,
but not be limited to, written guidelines perta ining to awarding
credits for rehabilitation, obtaining job skills and educational
enhancement, participation in and completion of alcohol/chemical
abuse programs, incentives for inmates to accept work assignments
and jobs, work attendance and productivity , conduct record,
participation in programs, cooperative ge neral behavior, and
appearance. When assignin g inmates to a class level the adjustment
review committee shall consider all aspects o f the policy and
procedure developed by the Department including but not limited to
the criteria for awarding credits required by this subsection.
C. If an inmate is subject to misconduct, nonperformance or
disciplinary action, earned credits may be removed according to the
policies and procedures developed by the Dep artment. Earned credits
removed for misconduct, nonperform ance or disciplinary action may be
restored as provided by Department policy, if any.
D. 1. Class levels shall be as follows:
a. Class level 1 shall include inmates not eligible to
participate in class levels 2 through 4, and shall
include, but not be limited to, inmates on escape
status.
b. Class level 2 shall include an inmate who has been
given a work, education, or program assignment, has
received a good evaluation for participation in the
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work, education, or program ass ignment, and has
received a good evaluation for per sonal hygiene and
maintenance of living area.
c. Class level 3 shall include an inmate who has been
incarcerated at least three (3) months, has received
an excellent work, educa tion, or program evaluation,
and has received an excellent evaluation for personal
hygiene and maintenance of living area.
d. Class level 4 shall include an inmate who has been
incarcerated at least eight (8) months, has received
an outstanding work, educa tion, or program evaluation,
and has received an outstandin g evaluation for
personal hygiene and maintena nce of living area.
2. a. Until November 1, 2001, class level corresponding
credits are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
b. Class level corresponding credits beginning November
1, 2001, for inmates who have ever been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
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enumerated in subsection E of this se ction are as
follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
c. Class level corresponding credits beginning N ovember
1, 2001, for inmates who have never been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 – 0 Credits per month;
Class 2 – 22 Credits per month;
Class 3 – 45 Credits per month;
Class 4 – 60 Credits per month.
Each inmate shall re ceive the above specified monthly credits
for the class to which he or she is assigned. In determining the
prior criminal history of the inmate, the D epartment of Corrections
shall review criminal history records available through the Oklahoma
State Bureau of Investigation, Federal Bureau of Investigation, and
National Crime Information Center to determine the reported felony
convictions of all inmates. The Department of Correcti ons shall
also review the Offic e of Juvenile Affair s Juvenile On-line Online
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Tracking System for inmates who were adjudicated delinquent or
convicted as a youthful offender for a crime that would be an
offense enumerated in subs ection E of this section.
3. In addition to the criteria established for each class in
paragraph 1 of this subsection, the following requirements shall
apply to each of levels 2 through 4:
a. satisfactory participation in the work, education, or
program assignment at the standard re quired for the
particular class level,
b. maintenance of a clean and orderly living area and
personal hygiene at the standard required for the
particular class level,
c. cooperative behavior toward facility staff and other
inmates, and
d. satisfactory participation in the requirements of the
previous class level.
4. The evaluation scale for assessing performance shall be as
follows:
a. Outstanding - For inmates who display consistently
exceptional initiative, motivation, and wor k habits.
b. Excellent - For inmates who display above -average work
habits with only minor errors and ra rely perform below
expectations.
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c. Good - For inmates who perform in a satisfactory
manner and complete tasks as required, doing what is
expected, with only occasional performance above or
below expectations.
d. Fair - For inmates who may perform satisfactorily for
some periods of time, but whose performance is marked
by obviously deficient and weak areas and could be
improved.
e. Poor - For inmates whose performance is unsatisfact ory
and falls below expected an d acceptable standar ds.
E. No person ever co nvicted as an adult or a youthful offender
or adjudicated delinquent as a juvenile in this state for any felony
offense enumerated in this subsection or a similar felony offense
pursuant to the provisions of another state, the United States, or a
military court shall be eligible for the credits provided by the
provisions of subparagraph c of paragraph 2 of subsection D of this
section. Such enumerated offenses include:
1. Assault, battery, or assault and battery with a dangerous
weapon as defined by Sectio n 645, or subsection C of Section 652 of
Title 21 or Section 2 -219 of Title 43A of the Oklahoma Statutes;
2. Aggravated assault and battery on a polic e officer, sheriff,
highway patrolman, or any other officer of the law as defined by
Section 650, subsection C of Section 650.2, Section 650.5,
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subsection B of Section 650.6, or subsection C of Section 650.7 of
Title 21 of the Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma S tatutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as defined by Section
1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another while masked as defined by
Section 1302 of Title 21 of the Oklahom a Statutes;
9. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma Statutes;
10. Solicitation for Murder murder in the first degree as
defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Section 711,
or 712 or 714 of Title 21 of the Okla homa Statutes;
13. Manslaughter in the second degree as defined by Section 716
or 717 of Title 21 of the Oklahoma Statutes;
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14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Sec tion 1431 of
Title 21 of the Oklahoma Statutes;
16. Burglary with explosives as defined by Sectio n 1441 of
Title 21 of the Oklahoma Statutes;
17. Kidnapping for extortion as defined by Section 745 of Title
21 of the Oklahoma Statu tes;
18. Maiming as defined by Section 751 of Title 21 of the
Oklahoma Statutes;
19. Robbery as defin ed by Section 791 of Title 21 of the
Oklahoma Statutes;
20. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
21. Robbery in the seco nd degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
22. Armed robbery as de fined by Section 801 of Title 21 of the
Oklahoma Statutes;
23. Robbery by two or more persons as defined by Section 800 of
Title 21 of the Oklahoma Statutes;
24. Robbery with dangerous weapon or imitation firearm as
defined by Section 801 of Title 21 of the Okl ahoma Statutes;
25. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
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26. Wiring any equipment, or equipping any vehicle or structure
with explosives as defined by Section 849 of Title 21 of the
Oklahoma Statutes;
27. Forcible sodomy as defined by Section 888 of Title 21 of
the Oklahoma Statutes;
28. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as de fined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
31. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
32. Sexual battery of a person over 16 as defined by Section
1123 of Title 21 of the Oklahoma Statutes;
33. Use of a firearm or o ffensive weapon to commit or attempt
to commit a felony as defined by Section 1 287 of Title 21 of the
Oklahoma Statutes;
34. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
35. Rioting as defined by Section 1311 or 1 321.8 of Title 21 of
the Oklahoma Statutes;
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36. Inciting to riot as defined by Section 1320.2 of Title 21
of the Oklahoma Statutes;
37. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
38. Endangering human life during arson as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning p ublic buildings as defined by Section
349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
Title 21 of the Oklahoma Statutes;
41. Extortion as defined by Section 1481 or 1486 of Title 21 of
the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by Section 1485
of Title 21 of the Oklahoma Statutes;
43. Seizure of a bus, discharging fire arm or hurling missile at
bus as defined by Section 1903 of Title 21 of the Okl ahoma Statutes;
44. Mistreatment of a vulnerable adult as defined by Section
843.1 of Title 21 of the Oklahoma Statutes;
45. Sex offender providing services to a child as defi ned by
Section 404.1 of Title 10 of the Oklahoma Statutes;
46. A felony offense of domestic abuse as defined by subsection
C of Section 644 of Title 21 of the Oklahoma Statutes;
47. Prisoner placing body fluid on government employee as
defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
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48. Poisoning food or water suppl y as defined by Section 83 2 of
Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by Section 866 of Title
21 of the Oklahoma Statutes;
50. Incest as defined by Section 885 of Title 21 of the
Oklahoma Statutes;
51. Procure, produce, distribute, or po ssess juvenile
pornography as defined by Section 1021.2 of Title 21 of the Oklahoma
Statutes;
52. Parental consent to juvenile pornography as defined by
Section 1021.3 of Title 21 of the Oklahoma Statutes;
53. Soliciting minor for inde cent exposure as defined b y
Section 1021 of Title 21 of the Oklahoma Statutes;
54. Distributing obscene material or child pornography as
defined by Section 1040.13 of Title 21 of the Oklahoma Statutes;
55. Child prostitution as defined by Section 1030 of Title 21
of the Oklahoma Statutes;
56. Procuring a minor for prostitution or other lewd acts as
defined by Section 1087 of Title 21 of the Oklahoma Statutes;
57. Transporting a child under 18 for purposes of prostitution
as defined by Section 1087 of Ti tle 21 of the Oklahoma Sta tutes;
58. Inducing a minor to engage in prostitution as defined by
Section 1088 of Title 21 of the Oklahoma Statutes;
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59. A felony offense of stalking as defined by subsection D of
Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread of infectious diseases as defined by Section 1192 of
Title 21 of the Oklahoma Statutes;
61. Advocate overthrow of government by force, commit or
attempt to commit acts to overthrow the government, organize or
provide assistance to groups to overthrow the governmen t as defined
by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
Statutes;
62. 61. Feloniously discharging a firearm as defined by Section
1289.17A of Title 21 of the Oklahoma Statutes;
63. 62. Possession, use, manufacture, or threat of incendiary
device as defined by Section 1767.1 of Title 21 of the Oklahoma
Statutes;
64. 63. Causing a personal injury accident while driving under
the influence as defined by Section 11-904 of Title 47 of the
Oklahoma Statutes; or
65. 64. Using a motor vehicle to facilitate the discharge of a
firearm as defined by Section 652 of Title 21 of the Oklahoma
Statutes.
F. The policy and procedure developed by the Department of
Corrections shall include provisions for adjustment review
committees of not less t han three members for each such committee.
Each committee shall consist of a classification team supervisor who
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shall act as chairman, the case manager for t he inmate being
reviewed or classified, a correctional officer or inmate counse lor,
and not more than two other members, if deemed necessary, determined
pursuant to policy and procedure to be appropriate for the specific
adjustment review committee or comm ittees to which they are
assigned. At least once every four (4) months the adjustment review
committee for each inmate shall evaluate the class level status and
performance of the inmate and determine whether or not the class
level for the inmate should b e changed.
Any inmate who feels aggrieved by a decision made by an
adjustment review committee may utiliz e normal grievance procedures
in effect with the Department of Corrections and in effect at the
facility in which the inmate is incarcerated.
G. Inmates granted medical leaves for treatment that cannot be
furnished at the penal institution where in carcerated shall be
allowed the time spent on medical leave as time served. Any inmate
placed into administrative segregation for nondisciplinary reasons
by the institution’s administration may be placed in Class level 2.
The length of any jail term served by a n inmate before being
transported to a state correctional institution pursuant to a
judgment and sentence of incarceration shall be deducted from the
term of imprisonment at the state correctional institution. Inmates
sentenced to the Department of Corrections and detained in a county
jail as a result of the Department ’s reception scheduling procedure
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shall be awarded earned credits as provided for in s ubparagraph b of
paragraph 1 of subsection D of this section, beginning on the date
of the judgment and s entence, unless the inmate is convicted of a
misdemeanor or felony committed in the jail while the inmate is
awaiting transport to the Lexington Assess ment and Reception Center
or other assessment and reception location determined by the
Director of the Department of Corrections.
H. Additional achievement earned credits for successful
completion of departmentally approved programs or for attaining
goals or standards set by the Dep artment shall be awarded as
follows:
Bachelor’s degree...................... 200 credits;
Associate’s degree..................... 100 credits;
High School Diploma or High School
Equivalency Diploma...................90 credits;
Certification of Completion of
Vocational Training...................80 credits;
Successful completion of
Alcohol/Chemical Abuse Treatment
Program of not less than four (4)
months continuous participation .......70 credits;
Successful completion of other
Educational Accomplishments or
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other programs not specified in
this subsection.................... 10-30 credits;
Achievement earned cr edits are subject to loss and res toration in
the same manner as earned credit s.
I. The accumulated time of every inmate shall be tallied
monthly and maintained by the institution where the term of
imprisonment is being served. A record of said such accumulated
time shall be:
1. Sent to the administrative office of the Dep artment of
Corrections on a quarterly basis; and
2. Provided to the inmate.
SECTION 4. REPEALER 21 O.S. 2021, Sections 1192 and
1192.1, are hereby repealed.
SECTION 5. This act shall become effec tive November 1, 2024.
59-2-2615 CN 12/15/2023 3:49:48 PM