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Oklahoma Senate Bill SB1418

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1418 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 59th Legislature (2024)
3131
3232 SENATE BILL 1418 By: Kirt
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3838 AS INTRODUCED
3939
4040 An Act relating to crimes and punishments; amending
4141 21 O.S. 2021, Section 1031, as amended by Section 2,
4242 Chapter 265, O.S.L. 2023 (21 O.S. Supp. 2023, Section
4343 1031), which relates to criminal offenses; modifying
4444 penalty provisions related to HIV; providing for
4545 certain petition under certain circumstances;
4646 amending 57 O.S. 2021, Section 138, which relates to
4747 earned credits; conforming language; updating
4848 statutory references; repealing 21 O.S. 2021,
4949 Sections 1192 and 1192.1, which relate t o the
5050 decriminalization of certain infectious diseases;
5151 providing for codification; and providing an
5252 effective date.
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5858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1031, as
6060 amended by Section 2, Chapter 265, O.S.L. 2023 (21 O.S. Supp. 202 3,
6161 Section 1031), is amended to read as follows:
6262 Section 1031. A. Except as p rovided in subsection B , C, or D,
6363 or E of this section, any person violating any of the provisions of
6464 Section 1028, or paragraph 1, 2, 3, or 5 of subsection A of Section
6565 1029, or Section 1030 of this title shall, upon conviction, be
6666 guilty of a misdemeanor and shall be punished by imprisonment in the
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9393 county jail for not less than thirty (30) days nor more than one (1)
9494 year or by fines as follows: a fine not more than Two Thousan d Five
9595 Hundred Dollars ($2,500.00) upon the first conviction for violation
9696 of any of such provisions, a fine not more than Five Thousand
9797 Dollars ($5,000.00) upon the second conviction for violation of any
9898 of such provisions, and a fine not more than Seven Thousand Five
9999 Hundred Dollars ($7,500.00) upon the third o r subsequent convictions
100100 for violation of any of such provisions, or by both such
101101 imprisonment and fine. In addition, the court may require a term of
102102 community service not less than forty (40) nor more than eighty (80)
103103 hours. The court in which any such conviction is had sha ll notify
104104 the county superintendent o f public health local health department
105105 of such conviction.
106106 B. Any person who engages in an act of prostitution with
107107 knowledge that he or s he is infected with the human immunodeficiency
108108 virus shall, upon conviction, be guilty of a felony punishable by
109109 imprisonment in the custody of the Department of Corrections for not
110110 more than five (5) years.
111111 C. Any person who engages in an act of child pr ostitution as
112112 defined in Section 1030 of this title shall, upon conviction, be
113113 guilty of a felony punishable by impr isonment in the custody of the
114114 Department of Corrections for not more than ten (10) years and by
115115 fines as follows: a fine not more than Five Thousand Dollars
116116 ($5,000.00) upon the first conviction, a fine not more than Ten
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143143 Thousand Dollars ($10,000.00) upon the second conviction, and a fine
144144 not more than Fifteen Thousand Dollars ($15,000.00) upon the third
145145 or subsequent convictions.
146146 D. C. Any person violating any of the provisions of Section
147147 1028, or 1029 or 1030 of this title within one thousand (1,000) feet
148148 of a school or church shall , upon conviction, be guilty of a felony
149149 and shall be punished by imprisonment in the custody of the
150150 Department of Corrections for not more than five (5) years or by
151151 fines as follows: a fine not more than Two Thousand Five Hundred
152152 Dollars ($2,500.00) upon the first conviction for violation of any
153153 of such provisions, a fine not more than Five Thousand Dollars
154154 ($5,000.00) upon the second conviction for violation of any of such
155155 provisions, and a fine not more than Seven Thousan d Five Hundred
156156 Dollars ($7,500.00) upon the third or subsequent convictions for
157157 violation of any of such provisions, or by both such impriso nment
158158 and fine. In addition, the court may require a term of community
159159 service not less than forty (40) nor more than eighty (80) hours.
160160 The court in which any Upon such conviction is had, the court shall
161161 notify the county superintendent of pub lic health local health
162162 department of such conviction.
163163 E. D. Any person violating parag raph 4 of subsection A of
164164 Section 1029 of this title shall, upon conviction, be guilty of a
165165 felony and shall be punished in accordance with the provisions of
166166 subsection B of Section 3 1040.57 of this act title.
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193193 SECTION 2. NEW LAW A new section of law to be codified
194194 in the Oklahoma Statutes as Section 1192.2 of Title 21, unless there
195195 is created a duplication in numbering, reads as follows:
196196 A person currently serving a sentence for a conviction, whether
197197 by trial or plea of guilty or no lo contendere, prior to the
198198 effective date of this act, for the following:
199199 1. Knowingly engaging in prostitution while infec ted with HIV;
200200 2. Spreading infectious diseases; or
201201 3. Knowingly engaging in conduct reasonably likely to transfer
202202 HIV,
203203 may file a petition for resentencing, re versal of conviction and
204204 dismissal of case, or modification of judgment and sentence before
205205 the trial court that entered the judgment of conviction in the
206206 person’s case to request resentencing, modification, or reversal of
207207 the conviction and sentence.
208208 SECTION 3. AMENDATORY 57 O.S. 2021, Section 138, is
209209 amended to read as follows:
210210 Section 138. A. Except as otherwise provide d by law, every
211211 inmate of a state correctional institution shall have their term of
212212 imprisonment reduced monthly, based upon the class level to which
213213 they are assigned. Earned credits may be subtracted from the total
214214 credits accumulated by an inmate, upon recommendation of the
215215 institution’s disciplinary committee, following due proc ess, and
216216 upon approval of the warden or superintendent. Each earned credit
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243243 is equivalent to one (1) day of incarceration. Lost credits may be
244244 restored by the warden or superin tendent upon approval of the
245245 classification committee. If a maximum and minimum term of
246246 imprisonment is imposed, the provisions of this subsection shall
247247 apply only to the maximum term. No deductions shall be credited to
248248 any inmate serving a sentence of l ife imprisonment; however, a
249249 complete record of the inmate ’s participation in w ork, school,
250250 vocational training, or other approved program shall be maintained
251251 by the Department of Corrections for consideration by the paroling
252252 authority. No earned credit d eductions shall be credited or
253253 recorded for any inmate serving any sentence for a criminal act
254254 which resulted in the death of a police officer, a law enforcement
255255 officer, an employee of the Department of Corrections, or an
256256 employee of a private prison cont ractor and the death occurre d while
257257 the police officer, law enforcement officer, employee of the
258258 Department of Corrections, or employee of a private prison
259259 contractor was acting within the sco pe of their employment. No
260260 earned credit deductions shall be cr edited or recorded for any
261261 person who is referred to an intermediate revocation facility for
262262 violating any of the terms and conditions of probation.
263263 B. The Department of Corrections is directed to develop a
264264 written policy and procedure whereby inmates sha ll be assigned to
265265 one of four class levels determined by an adjustment review
266266 committee of the facility t o which the inmate is assigned. The
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293293 policies and procedures developed by the Departmen t shall include,
294294 but not be limited to, written guidelines perta ining to awarding
295295 credits for rehabilitation, obtaining job skills and educational
296296 enhancement, participation in and completion of alcohol/chemical
297297 abuse programs, incentives for inmates to accept work assignments
298298 and jobs, work attendance and productivity , conduct record,
299299 participation in programs, cooperative ge neral behavior, and
300300 appearance. When assignin g inmates to a class level the adjustment
301301 review committee shall consider all aspects o f the policy and
302302 procedure developed by the Department including but not limited to
303303 the criteria for awarding credits required by this subsection.
304304 C. If an inmate is subject to misconduct, nonperformance or
305305 disciplinary action, earned credits may be removed according to the
306306 policies and procedures developed by the Dep artment. Earned credits
307307 removed for misconduct, nonperform ance or disciplinary action may be
308308 restored as provided by Department policy, if any.
309309 D. 1. Class levels shall be as follows:
310310 a. Class level 1 shall include inmates not eligible to
311311 participate in class levels 2 through 4, and shall
312312 include, but not be limited to, inmates on escape
313313 status.
314314 b. Class level 2 shall include an inmate who has been
315315 given a work, education, or program assignment, has
316316 received a good evaluation for participation in the
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343343 work, education, or program ass ignment, and has
344344 received a good evaluation for per sonal hygiene and
345345 maintenance of living area.
346346 c. Class level 3 shall include an inmate who has been
347347 incarcerated at least three (3) months, has received
348348 an excellent work, educa tion, or program evaluation,
349349 and has received an excellent evaluation for personal
350350 hygiene and maintenance of living area.
351351 d. Class level 4 shall include an inmate who has been
352352 incarcerated at least eight (8) months, has received
353353 an outstanding work, educa tion, or program evaluation,
354354 and has received an outstandin g evaluation for
355355 personal hygiene and maintena nce of living area.
356356 2. a. Until November 1, 2001, class level corresponding
357357 credits are as follows:
358358 Class 1 - 0 Credits per month;
359359 Class 2 - 22 Credits per month;
360360 Class 3 - 33 Credits per month;
361361 Class 4 - 44 Credits per month.
362362 b. Class level corresponding credits beginning November
363363 1, 2001, for inmates who have ever been convicted as
364364 an adult or a youthful offender or adjudicated
365365 delinquent as a juvenile for a felony offense
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392392 enumerated in subsection E of this se ction are as
393393 follows:
394394 Class 1 - 0 Credits per month;
395395 Class 2 - 22 Credits per month;
396396 Class 3 - 33 Credits per month;
397397 Class 4 - 44 Credits per month.
398398 c. Class level corresponding credits beginning N ovember
399399 1, 2001, for inmates who have never been convicted as
400400 an adult or a youthful offender or adjudicated
401401 delinquent as a juvenile for a felony offense
402402 enumerated in subsection E of this section are as
403403 follows:
404404 Class 1 – 0 Credits per month;
405405 Class 2 – 22 Credits per month;
406406 Class 3 – 45 Credits per month;
407407 Class 4 – 60 Credits per month.
408408 Each inmate shall re ceive the above specified monthly credits
409409 for the class to which he or she is assigned. In determining the
410410 prior criminal history of the inmate, the D epartment of Corrections
411411 shall review criminal history records available through the Oklahoma
412412 State Bureau of Investigation, Federal Bureau of Investigation, and
413413 National Crime Information Center to determine the reported felony
414414 convictions of all inmates. The Department of Correcti ons shall
415415 also review the Offic e of Juvenile Affair s Juvenile On-line Online
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442442 Tracking System for inmates who were adjudicated delinquent or
443443 convicted as a youthful offender for a crime that would be an
444444 offense enumerated in subs ection E of this section.
445445 3. In addition to the criteria established for each class in
446446 paragraph 1 of this subsection, the following requirements shall
447447 apply to each of levels 2 through 4:
448448 a. satisfactory participation in the work, education, or
449449 program assignment at the standard re quired for the
450450 particular class level,
451451 b. maintenance of a clean and orderly living area and
452452 personal hygiene at the standard required for the
453453 particular class level,
454454 c. cooperative behavior toward facility staff and other
455455 inmates, and
456456 d. satisfactory participation in the requirements of the
457457 previous class level.
458458 4. The evaluation scale for assessing performance shall be as
459459 follows:
460460 a. Outstanding - For inmates who display consistently
461461 exceptional initiative, motivation, and wor k habits.
462462 b. Excellent - For inmates who display above -average work
463463 habits with only minor errors and ra rely perform below
464464 expectations.
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491491 c. Good - For inmates who perform in a satisfactory
492492 manner and complete tasks as required, doing what is
493493 expected, with only occasional performance above or
494494 below expectations.
495495 d. Fair - For inmates who may perform satisfactorily for
496496 some periods of time, but whose performance is marked
497497 by obviously deficient and weak areas and could be
498498 improved.
499499 e. Poor - For inmates whose performance is unsatisfact ory
500500 and falls below expected an d acceptable standar ds.
501501 E. No person ever co nvicted as an adult or a youthful offender
502502 or adjudicated delinquent as a juvenile in this state for any felony
503503 offense enumerated in this subsection or a similar felony offense
504504 pursuant to the provisions of another state, the United States, or a
505505 military court shall be eligible for the credits provided by the
506506 provisions of subparagraph c of paragraph 2 of subsection D of this
507507 section. Such enumerated offenses include:
508508 1. Assault, battery, or assault and battery with a dangerous
509509 weapon as defined by Sectio n 645, or subsection C of Section 652 of
510510 Title 21 or Section 2 -219 of Title 43A of the Oklahoma Statutes;
511511 2. Aggravated assault and battery on a polic e officer, sheriff,
512512 highway patrolman, or any other officer of the law as defined by
513513 Section 650, subsection C of Section 650.2, Section 650.5,
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540540 subsection B of Section 650.6, or subsection C of Section 650.7 of
541541 Title 21 of the Oklahoma Statutes;
542542 3. Poisoning with intent to kill as defined by Section 651 of
543543 Title 21 of the Oklahoma S tatutes;
544544 4. Shooting with intent to kill as defined by Section 652 of
545545 Title 21 of the Oklahoma Statutes;
546546 5. Assault with intent to kill as defined by Section 653 of
547547 Title 21 of the Oklahoma Statutes;
548548 6. Assault with intent to commit a felony as defined by Section
549549 681 of Title 21 of the Oklahoma Statutes;
550550 7. Assaults while masked or disguised as defined by Section
551551 1303 of Title 21 of the Oklahoma Statutes;
552552 8. Entering premises of another while masked as defined by
553553 Section 1302 of Title 21 of the Oklahom a Statutes;
554554 9. Murder in the first degree as defined by Section 701.7 of
555555 Title 21 of the Oklahoma Statutes;
556556 10. Solicitation for Murder murder in the first degree as
557557 defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
558558 11. Murder in the second degree as defined by Section 701.8 of
559559 Title 21 of the Oklahoma Statutes;
560560 12. Manslaughter in the first degree as defined by Section 711,
561561 or 712 or 714 of Title 21 of the Okla homa Statutes;
562562 13. Manslaughter in the second degree as defined by Section 716
563563 or 717 of Title 21 of the Oklahoma Statutes;
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590590 14. Kidnapping as defined by Section 741 of Title 21 of the
591591 Oklahoma Statutes;
592592 15. Burglary in the first degree as defined by Sec tion 1431 of
593593 Title 21 of the Oklahoma Statutes;
594594 16. Burglary with explosives as defined by Sectio n 1441 of
595595 Title 21 of the Oklahoma Statutes;
596596 17. Kidnapping for extortion as defined by Section 745 of Title
597597 21 of the Oklahoma Statu tes;
598598 18. Maiming as defined by Section 751 of Title 21 of the
599599 Oklahoma Statutes;
600600 19. Robbery as defin ed by Section 791 of Title 21 of the
601601 Oklahoma Statutes;
602602 20. Robbery in the first degree as defined by Section 797 of
603603 Title 21 of the Oklahoma Statutes;
604604 21. Robbery in the seco nd degree as defined by Section 797 of
605605 Title 21 of the Oklahoma Statutes;
606606 22. Armed robbery as de fined by Section 801 of Title 21 of the
607607 Oklahoma Statutes;
608608 23. Robbery by two or more persons as defined by Section 800 of
609609 Title 21 of the Oklahoma Statutes;
610610 24. Robbery with dangerous weapon or imitation firearm as
611611 defined by Section 801 of Title 21 of the Okl ahoma Statutes;
612612 25. Any crime against a child provided for in Section 843.5 of
613613 Title 21 of the Oklahoma Statutes;
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640640 26. Wiring any equipment, or equipping any vehicle or structure
641641 with explosives as defined by Section 849 of Title 21 of the
642642 Oklahoma Statutes;
643643 27. Forcible sodomy as defined by Section 888 of Title 21 of
644644 the Oklahoma Statutes;
645645 28. Rape in the first degree as defined by Sections 1111 and
646646 1114 of Title 21 of the Oklahoma Statutes;
647647 29. Rape in the second degree as de fined by Sections 1111 and
648648 1114 of Title 21 of the Oklahoma Statutes;
649649 30. Rape by instrumentation as defined by Section 1111.1 of
650650 Title 21 of the Oklahoma Statutes;
651651 31. Lewd or indecent proposition or lewd or indecent act with a
652652 child as defined by Section 1123 of Title 21 of the Oklahoma
653653 Statutes;
654654 32. Sexual battery of a person over 16 as defined by Section
655655 1123 of Title 21 of the Oklahoma Statutes;
656656 33. Use of a firearm or o ffensive weapon to commit or attempt
657657 to commit a felony as defined by Section 1 287 of Title 21 of the
658658 Oklahoma Statutes;
659659 34. Pointing firearms as defined by Section 1289.16 of Title 21
660660 of the Oklahoma Statutes;
661661 35. Rioting as defined by Section 1311 or 1 321.8 of Title 21 of
662662 the Oklahoma Statutes;
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689689 36. Inciting to riot as defined by Section 1320.2 of Title 21
690690 of the Oklahoma Statutes;
691691 37. Arson in the first degree as defined by Section 1401 of
692692 Title 21 of the Oklahoma Statutes;
693693 38. Endangering human life during arson as defined by Section
694694 1405 of Title 21 of the Oklahoma Statutes;
695695 39. Injuring or burning p ublic buildings as defined by Section
696696 349 of Title 21 of the Oklahoma Statutes;
697697 40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
698698 Title 21 of the Oklahoma Statutes;
699699 41. Extortion as defined by Section 1481 or 1486 of Title 21 of
700700 the Oklahoma Statutes;
701701 42. Obtaining signature by extortion as defined by Section 1485
702702 of Title 21 of the Oklahoma Statutes;
703703 43. Seizure of a bus, discharging fire arm or hurling missile at
704704 bus as defined by Section 1903 of Title 21 of the Okl ahoma Statutes;
705705 44. Mistreatment of a vulnerable adult as defined by Section
706706 843.1 of Title 21 of the Oklahoma Statutes;
707707 45. Sex offender providing services to a child as defi ned by
708708 Section 404.1 of Title 10 of the Oklahoma Statutes;
709709 46. A felony offense of domestic abuse as defined by subsection
710710 C of Section 644 of Title 21 of the Oklahoma Statutes;
711711 47. Prisoner placing body fluid on government employee as
712712 defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
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739739 48. Poisoning food or water suppl y as defined by Section 83 2 of
740740 Title 21 of the Oklahoma Statutes;
741741 49. Trafficking in children as defined by Section 866 of Title
742742 21 of the Oklahoma Statutes;
743743 50. Incest as defined by Section 885 of Title 21 of the
744744 Oklahoma Statutes;
745745 51. Procure, produce, distribute, or po ssess juvenile
746746 pornography as defined by Section 1021.2 of Title 21 of the Oklahoma
747747 Statutes;
748748 52. Parental consent to juvenile pornography as defined by
749749 Section 1021.3 of Title 21 of the Oklahoma Statutes;
750750 53. Soliciting minor for inde cent exposure as defined b y
751751 Section 1021 of Title 21 of the Oklahoma Statutes;
752752 54. Distributing obscene material or child pornography as
753753 defined by Section 1040.13 of Title 21 of the Oklahoma Statutes;
754754 55. Child prostitution as defined by Section 1030 of Title 21
755755 of the Oklahoma Statutes;
756756 56. Procuring a minor for prostitution or other lewd acts as
757757 defined by Section 1087 of Title 21 of the Oklahoma Statutes;
758758 57. Transporting a child under 18 for purposes of prostitution
759759 as defined by Section 1087 of Ti tle 21 of the Oklahoma Sta tutes;
760760 58. Inducing a minor to engage in prostitution as defined by
761761 Section 1088 of Title 21 of the Oklahoma Statutes;
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788788 59. A felony offense of stalking as defined by subsection D of
789789 Section 1173 of Title 21 of the Oklahoma Statutes;
790790 60. Spread of infectious diseases as defined by Section 1192 of
791791 Title 21 of the Oklahoma Statutes;
792792 61. Advocate overthrow of government by force, commit or
793793 attempt to commit acts to overthrow the government, organize or
794794 provide assistance to groups to overthrow the governmen t as defined
795795 by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
796796 Statutes;
797797 62. 61. Feloniously discharging a firearm as defined by Section
798798 1289.17A of Title 21 of the Oklahoma Statutes;
799799 63. 62. Possession, use, manufacture, or threat of incendiary
800800 device as defined by Section 1767.1 of Title 21 of the Oklahoma
801801 Statutes;
802802 64. 63. Causing a personal injury accident while driving under
803803 the influence as defined by Section 11-904 of Title 47 of the
804804 Oklahoma Statutes; or
805805 65. 64. Using a motor vehicle to facilitate the discharge of a
806806 firearm as defined by Section 652 of Title 21 of the Oklahoma
807807 Statutes.
808808 F. The policy and procedure developed by the Department of
809809 Corrections shall include provisions for adjustment review
810810 committees of not less t han three members for each such committee.
811811 Each committee shall consist of a classification team supervisor who
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838838 shall act as chairman, the case manager for t he inmate being
839839 reviewed or classified, a correctional officer or inmate counse lor,
840840 and not more than two other members, if deemed necessary, determined
841841 pursuant to policy and procedure to be appropriate for the specific
842842 adjustment review committee or comm ittees to which they are
843843 assigned. At least once every four (4) months the adjustment review
844844 committee for each inmate shall evaluate the class level status and
845845 performance of the inmate and determine whether or not the class
846846 level for the inmate should b e changed.
847847 Any inmate who feels aggrieved by a decision made by an
848848 adjustment review committee may utiliz e normal grievance procedures
849849 in effect with the Department of Corrections and in effect at the
850850 facility in which the inmate is incarcerated.
851851 G. Inmates granted medical leaves for treatment that cannot be
852852 furnished at the penal institution where in carcerated shall be
853853 allowed the time spent on medical leave as time served. Any inmate
854854 placed into administrative segregation for nondisciplinary reasons
855855 by the institution’s administration may be placed in Class level 2.
856856 The length of any jail term served by a n inmate before being
857857 transported to a state correctional institution pursuant to a
858858 judgment and sentence of incarceration shall be deducted from the
859859 term of imprisonment at the state correctional institution. Inmates
860860 sentenced to the Department of Corrections and detained in a county
861861 jail as a result of the Department ’s reception scheduling procedure
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888888 shall be awarded earned credits as provided for in s ubparagraph b of
889889 paragraph 1 of subsection D of this section, beginning on the date
890890 of the judgment and s entence, unless the inmate is convicted of a
891891 misdemeanor or felony committed in the jail while the inmate is
892892 awaiting transport to the Lexington Assess ment and Reception Center
893893 or other assessment and reception location determined by the
894894 Director of the Department of Corrections.
895895 H. Additional achievement earned credits for successful
896896 completion of departmentally approved programs or for attaining
897897 goals or standards set by the Dep artment shall be awarded as
898898 follows:
899899 Bachelor’s degree...................... 200 credits;
900900 Associate’s degree..................... 100 credits;
901901 High School Diploma or High School
902902 Equivalency Diploma...................90 credits;
903903 Certification of Completion of
904904 Vocational Training...................80 credits;
905905 Successful completion of
906906 Alcohol/Chemical Abuse Treatment
907907 Program of not less than four (4)
908908 months continuous participation .......70 credits;
909909 Successful completion of other
910910 Educational Accomplishments or
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937937 other programs not specified in
938938 this subsection.................... 10-30 credits;
939939 Achievement earned cr edits are subject to loss and res toration in
940940 the same manner as earned credit s.
941941 I. The accumulated time of every inmate shall be tallied
942942 monthly and maintained by the institution where the term of
943943 imprisonment is being served. A record of said such accumulated
944944 time shall be:
945945 1. Sent to the administrative office of the Dep artment of
946946 Corrections on a quarterly basis; and
947947 2. Provided to the inmate.
948948 SECTION 4. REPEALER 21 O.S. 2021, Sections 1192 and
949949 1192.1, are hereby repealed.
950950 SECTION 5. This act shall become effec tive November 1, 2024.
951951
952952 59-2-2615 CN 12/15/2023 3:49:48 PM