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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 294 By: Floyd
AS INTRODUCED
An Act relating to criminal procedure; amendin g 22
O.S. 2021, Section 152, as amended b y Section 1,
Chapter 174, O.S.L. 2022 (22 O.S. Supp . 2022, Section
152), which relates to statute of limitations;
increasing time for which certain prose cutions may be
commenced; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 152, as
amended by Section 1, Chapter 174, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 152), is amended to read as follows:
Section 152. A. Prosecutions for the crim es of bribery,
embezzlement of public money, bonds, securities, assets or property
of the state or any county, school district , municipality or other
subdivision thereof, or of any misappropriation of public money,
bonds, securities, assets or property of the state or any county,
school district, municipal ity or other subdivision thereof,
falsification of public records of the st ate or any county, school
district, municipality or other subdivision thereof, and conspiracy
to defraud the State of Oklahoma or any county, school district,
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municipality or other subdivision thereof in any manner or for any
purpose shall be commenced wit hin seven (7) years after the
discovery of the crim e; provided, however, prosecutions for the
crimes of embezzlement or misappropr iation of public money, bonds,
securities, assets o r property of any school district, including
those relating to student acti vity funds, or the crime of
falsification of public records of any independent school district,
the crime of criminal conspiracy, the crime of embezzlement pursuant
to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
the crime of False Pers onation or Identity Theft pursu ant to
Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
the financial exploitatio n of a vulnerable adult pursuant to
Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
Statutes, or Medicaid fraud pu rsuant to Section 1005 of Title 56 of
the Oklahoma Statutes, shall be commenced within five (5) years
after the discovery of the c rime.
B. Prosecutions for criminal violations of a ny state income tax
laws shall be commenced within five (5) years after the commission
of such violation.
C. 1. Prosecutions for sexual crimes against children,
specifically rape or forcible sodomy, sodo my, lewd or indecent
proposals or acts against chil dren, involving minors in pornography
pursuant to Section 886, 888, 1111, 1 111.1, 1113, 1114, 1021.2,
1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
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abuse pursuant to Section 843.5 of Title 21 of the Oklahoma
Statutes, and child traff icking pursuant to Section 866 of Title 21
of the Oklahoma Statutes shall may be commenced by the forty-fifth
birthday of the alleged victim at any time. Prosecutions for such
crimes committed against vic tims eighteen (18) years of age or older
shall may be commenced within twelve (12) years after the discovery
of the crime. As used in this paragraph, "discovery" means the date
that a physical or sexually related crime involving a victim
eighteen (18) years of age or older is reported to a law enforcement
agency at any time.
2. However, prosecutions Prosecutions for the crimes listed in
paragraph 1 of this subsection may be commenced at any time after
the commission of the offense if:
a. physical evidence is collected and preserved that is
capable of being tested to obtain a profile from
deoxyribonucleic acid (DNA), and
b. the identity of the offender is subsequently
established through the use of a DNA profile using
evidence listed in subparagraph a of this paragraph.
A prosecution under this exception mu st be commenced within
three (3) twelve (12) years from the date on which the identity of
the suspect is established by DNA testing.
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3. No prosecution under this subsection shall be based upon the
memory of the victim that has been recovered through psych otherapy
unless there is some evidenc e independent of such repressed memory.
4. Any person who knowingly and willfully makes a fals e claim
pursuant to this subsection or a claim that the person kn ows lacks
factual foundation may be reported to local law e nforcement for
criminal investigation and, upon conviction, shall be guilty of a
felony.
D. Prosecutions for criminal violations of any provision of the
Oklahoma Wildlife Conservation Code shall be commenced within three
(3) years after the commission of such offense.
E. Prosecutions for the crime of criminal fraud or workers '
compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
of Title 21 of the O klahoma Statutes shall commence within three (3)
years after the discovery of the crime, but in no event greater than
seven (7) years after the commission of the crime.
F. Prosecution for the crime of false or bogus check pursuant
to Section 1541.1, 1541. 2, 1541.3 or 1541.4 of Title 21 of the
Oklahoma Statutes shall be commenced within five (5) y ears after the
commission of such offense.
G. Prosecution for the crime of solicitation fo r murder in the
first degree pursuant t o Section 701.16 of Title 21 of t he Oklahoma
Statutes shall be commenced within seven (7) years after the
discovery of the cri me. For purposes of this subsection,
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"discovery" means the date upon which the crime is ma de known to
anyone other than a person involved in the solicitation.
H. In all other cases a prosecu tion for a public offense must
be commenced within three (3) yea rs after its commission.
I. Prosecution for the crime of accessory after the fact must
be commenced within the same statute of li mitations as that of the
felony for which the person acted as an accessory.
J. Prosecution for the crime of arson pursuant to Section 1401,
1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
be commenced within seven (7) years after the c ommission of the
crime.
K. Prosecutions for criminal violations in which a deadly
weapon is used to commit a felony or prosec utions for criminal
violations in which a deadly weapon is used in an attempt to commit
a felony shall be commenced within seven ( 7) years after the
commission of the crime.
L. Prosecutions for the crime of human trafficking pursuant to
Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
within three (3) years after discovery of the crime. For purposes
of this subsection, "discovery" means the date upon which the crime
is reported to a law enforcement agency.
SECTION 2. This act shall become effe ctive November 1, 2023.
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