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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1362 By: Hardin and Worthen
AS INTRODUCED
An Act relating to crimes and punishments; making
certain acts unlawful; providing penalties; providing
for the posting of a cash bail; authorizing courts to
dismiss criminal prosecutions under certain
circumstances; remanding persons to the custody of
the Department of Corrections; directing the
Department to notify certain federal agency to
arrange transportation; providing fo r codification;
and declaring an emergency.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 447 of Title 21, unless there i s
created a duplication in numbering, reads as follows:
A. Any person who is apprehended and arrested for violating a
criminal law of this state, and after determining the citizenship
status of the person is found to be unlawfully present in the United
States, shall be guilty of a felony punishable by imprisonment in
the custody of the Department of Corrections for a term of not less
than five (5) years.
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B. A person arrested for a violation of this section may be
allowed to post a cash bond in an amount of not less than Thirty-
five Thousand Dollars ($35,000.00).
C. In lieu of the sentence of imprisonment, the court shall
have the authority to dismiss the criminal prosecution and issue a
written order discharging the person and requiring said individual
to return to his or her country of origin if:
1. The person agrees to the writt en order;
2. The person has not previously been convicted of a violent
crime, as provided for in Section 571 of Title 57 of the Oklahoma
Statutes, in this state or another state ; and
3. The person is not charged with another felony offense.
Upon issuance of the written order, the court shall direct the law
enforcement agency having custody of the person to remand the person
to the custody of the Department of Corrections with in structions to
return the person to his or her country of origin.
D. Once the Department of Corrections receives custody of the
person, the Department of Corrections shall notify the United States
Customs and Border Protection of the Department of Homeland Security
within seven (7) days to arrange transportation for the repatriation
of said person back to his or her country of origin.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an em ergency is hereby
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declared to exist, by reason whereof this act shall take eff ect and
be in full force from and after its passage and approval.
60-1-12152 TKR 01/14/25