Oklahoma 2025 Regular Session

Oklahoma House Bill HB1312 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1312 By: Humphrey
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38	38	AS INTRODUCED
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40	40	An Act relating to crimes and punishments; making
41	41	certain acts unlawful; providing penalties;
42	42	authorizing courts to suspend criminal pr osecutions
43	43	under certain circumstances; remanding persons to the
44	44	custody of the Department of Corrections; directing
45	45	the Department to notify certain federal agency to
46	46	arrange transportation; providing for revocation of
47	47	sentence under certain circumstances ; providing for
48	48	codification; and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Statutes as Section 447 of Title 21, unless there is
57	57	created a duplication in numbering, reads as follows:
58	58	A. Any person who is apprehended and arrested for violating a
59	59	criminal law of this state and, after determining the citizenship
60	60	status of the person is found to be unlawfully prese nt in the United
61	61	States, shall be guilty of a felony punishable by imprisonmen t in
62	62	the custody of the Department of Corrections for a term not to
63	63	exceed life.
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90	90	B. In lieu of the sentence of imprisonment, the court shall
91	91	have the authority to suspend the cr iminal prosecution and issue a
92	92	written order discharging the person and requiring said individual
93	93	to return to his or her country of origin. Upon issuance of the
94	94	written order, the court shall direct the law enforcement agency
95	95	having custody of the person to remand the person to the custody of
96	96	the Department of Corrections with ins tructions to return the person
97	97	to his or her country of origin.
98	98	C. Once the Department receives custody of the person, the
99	99	Department shall notify the United States Customs and Border
100	100	Protection of the Department of Homeland Security to arrange
101	101	transportation for the repatriation of said person back to his or
102	102	her country of origin.
103	103	D. Should the person return to the State of Oklahoma after
104	104	repatriation and be apprehended by law enforcement, the person shall
105	105	be subject to revocation of the suspended senten ce and ordered by
106	106	the court to serve the entirety of his or her original sentence of
107	107	imprisonment.
108	108	SECTION 2. This act shall become effective November 1, 2025.
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110	110	60-1-10122 GRS 01/08/25