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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1362 By: Hardin and Worthen
COMMITTEE SUBSTITUTE
An Act relating to crimes and punishments; amending
Section 2, Chapter 224, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1795), which relates to unlawful
immigration; making certain acts unlawful; providing
penalties; providing for the posting of a cash bond;
remanding persons to the custody of the Department of
Corrections; directing the Departme nt to notify
certain federal agency to arrange transportation; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 224, O.S.L.
2024 (21 O.S. Supp. 2024, Section 1795), is amended to read as
follows:
Section 1795. A. As used in this section, the term "alien"
means any person not a citizen or national of the United States.
B. A person commits an impermissible occupation if the person
is an alien and willfully and without permission enters and remains
in the State of Oklahoma without having first obtained legal
authorization to enter the United States.
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C. 1. Any person found to have committed an impermissible
occupation pursuant to the provisions of subsection B of this
section and who enters this state without having obtained the legal
authorization to enter the United States shall, upon conviction, be
guilty of a misdemeanor punishable by imprisonment in the county
jail for a term of not more than one (1) year, or by a fine of not
more than Five Hundred Dollars ($500.00), or by both such fine and
imprisonment. In addition, the person shall be required to leave
the state within seventy -two (72) hours following his or her
conviction or release from c ustody, whichever comes later.
2. Any second or subsequent offense for an impermissible
occupation pursuant to the provisions of subsection B of this
section, or any such offense committed during the commission of any
other crime shall, upon conviction, b e guilty of a felony punishable
by imprisonment in the custody of the Department of Corrections for
a term of not more than two (2) years, or by a fine of not more than
One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment. In addition, the person shall be required to leave
the state within seventy -two (72) hours following his or her
conviction or release from custody, whichever comes later 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
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Department of Corrections for a term of not less than five (5)
years.
C. 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).
D. In lieu of the sentence of imprisonment, the court shall
have the authority to dismiss the crimi nal 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 written 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 c ustody of the person to remand the
person to the custody of the Department of Corrections with
instructions to return the person to his or her country of origin.
E. Once the Department of Corrections receives custody of the
person, the Department of Corre ctions 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 .
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D. F. Any alien who has be en denied admission, excluded,
deported, or removed, or has departed the United States while an
order of exclusion, deportation, or removal is outstanding, and
thereafter enters, attempts to enter, or is at any time found in
Oklahoma shall, upon conviction , be guilty of a felony and shall be
punished in accordance with the provisions set forth in paragraph 2
of subsection C B of this section, unless:
1. Prior to reembarkation of the alien at a place outside the
United States or application by the alien for admission from a
foreign contiguous territory, the United States Attorney General has
expressly consented to such alien 's reapplying for admission; or
2. With respect to an alien previously denied admission and
removed, such alien established that he or she was not required to
obtain such advance consent under this section or any prior statute.
E. G. The arresting law enforcement agency shall collect all
available identifying information of the person including all
fingerprints and any other applicable p hotographic and biometric
data to identify the person. Once obtained, the law enforcement
agency shall cross-reference the collected information with:
1. All relevant local, state, and federal criminal databases;
and
2. Federal lists or classifications used to identify a person
as a threat or potential threat to national security.
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The Oklahoma State Bureau of Investigation shall have the
authority to collect and maintain the identifying information
collected by law enforcement agencies pursuant to the pr ovisions of
this subsection.
F. H. It shall be an affirmative defense to prosecution under
the provisions of paragraphs 1 and 2 of subsection C B of this
section that:
1. The federal government has granted the defendant:
a. lawful presence in the United States, or
b. asylum under Section 1158 of Title 8 of the United
States Code; or
2. The defendant was approved for benefits under the federal
Deferred Action for Childhood Arrivals program between June 15,
2012, and July 16, 2021.
G. I. Any person convicted of an offense pursuant to the
provisions of this section shall not be eligible for probation or
delayed sentencing.
H. J. The Legislature finds that the presence of persons who
are unauthorized to be present within the State of Oklahoma is a
matter of statewide concern. Therefore, the Legislature hereby
occupies and preempts the entire field of legislation in this state
regarding the presence of persons who have entered and remained in
this state without first having obtained the legal authorization t o
do so. Any municipality or other political subdivision of this
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state shall be prohibited from adopting any ordinance, regulation,
resolution, rule, or policy that conflicts with the provisions of
this act.
SECTION 2. It being immediatel y necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-13036 GRS 02/27/25