Oklahoma 2025 Regular Session

Oklahoma House Bill HB1362 Compare Versions

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3		-	ENGR. H. B. NO. 1362 Page 1 1
	3	+	HB1362 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1362 By: Hardin, Worthen, Hays,
30		-	Woolley, and Adams of the
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1362 By: Hardin and Worthen of the
31	38		House
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33	40		and
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35	42		Woods of the Senate
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	47	+	COMMITTEE SUBSTITUTE
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42	49		An Act relating to crimes and punishments; amending
43	50		Section 2, Chapter 224, O.S.L. 2024 (21 O.S. Supp.
44	51		2024, Section 1795), which relates to unlawful
45	52		immigration; making certain acts unlawful; providing
46	53		penalties; providing for the posting of a cash bond;
47	54		remanding persons to the custody of the Department of
48	55		Corrections; directing the Department to notify
49	56		certain federal agency to arrange transportation; and
50	57		declaring an emergency.
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56	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	64		SECTION 1. AMENDATORY Section 2, Chapter 224, O.S.L.
58	65		2024 (21 O.S. Supp. 2024, Section 1795), is amended to read as
59	66		follows:
60	67		Section 1795. A. As used in this section, the term "alien"
61	68		means any person not a citizen or national of the United States.
62		-	B. A person commits an impermissible occupation if the person
63		-	is an alien and willfully and without permission enters and re mains
64		-	in the State of Oklahoma without having firs t obtained legal
65		-	authorization to enter the United States.
66	69
67		-	ENGR. H. B. NO. 1362 Page 2 1
	70	+	HB1362 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	B. A person commits an impermissible occupation if the person
	97	+	is an alien and willfully and without permission enters and remains
	98	+	in the State of Oklahoma without having first obtained legal
	99	+	authorization to ent er the United States.
92	100		C. 1. Any person found to have committed an impermissible
93	101		occupation pursuant to the provisions of subsection B of this
94	102		section and who enters this state without having obtained the legal
95	103		authorization to enter the United States shall, upon conviction, be
96	104		guilty of a misdemeanor punishable by imprisonment in the county
97	105		jail for a term of not more than one (1) year, or by a fine of not
98	106		more than Five Hundred Dollars ($500.00), or by both such fine and
99	107		imprisonment. In addition, the p erson shall be required to leave
100	108		the state within seventy -two (72) hours following his or her
101	109		conviction or release from custody, whichever comes later.
102	110		2. Any second or subsequent offense for an impermissible
103	111		occupation pursuant to the provisions of subsection B of this
104	112		section, or any such offense committed during the commission of any
105	113		other crime shall, upon conviction, be guilty of a felony punishable
106	114		by imprisonment in the custody of the Department of Corrections for
107	115		a term of not more than two (2) ye ars, or by a fine of not more than
108	116		One Thousand Dollars ($1,000.00), or by both such fine and
109	117		imprisonment. In addition, the person shall be required to leave
110	118		the state within seventy -two (72) hours following his or her
111	119		conviction or release from custody, whichever comes later Any person
112		-	who is apprehended and arrested for violating a criminal law of this
113		-	state, and after determining the citizenship status of the person is
114		-	found to be unlawfully present in the United St ates, shall be guilty
115		-	of a felony punishable by imprisonment in the custody of the
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117		-	ENGR. H. B. NO. 1362 Page 3 1
	121	+	HB1362 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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	147	+	who is apprehended and arrested for violating a criminal law of this
	148	+	state, and after determining the citizenship status of the person is
	149	+	found to be unlawfully present in the United States, shall be guilty
	150	+	of a felony punishable by imprisonment in the custo dy of the
142	151		Department of Corrections for a term of not less than five (5)
143	152		years.
144	153		C. A person arrested for a violation of this section may be
145	154		allowed to post a cash bond in an amount of not less than Thirty -
146	155		five Thousand Dollars ($35,000.00).
147	156		D. In lieu of the sentence of imprisonment, the court shall
148	157		have the authority to dismiss the criminal prosecution and issue a
149	158		written order discharging the person and requiring said individual
150	159		to return to his or her country of orig in if:
151	160		1. The person agrees to the written order;
152	161		2. The person has not previously been convicted of a violent
153	162		crime, as provided for in Section 571 of Title 57 of the Oklahoma
154	163		Statutes, in this state or another state; and
155	164		3. The person is not charged with another felony offense.
156	165		Upon issuance of the written order, the court shall direct the
157	166		law enforcement agency having custody of the person to remand the
158	167		person to the custody of the Department of Corrections with
159	168		instructions to return the person to hi s or her country of origin.
160	169		E. Once the Department of Corrections receives custody of the
161	170		person, the Department of Corrections shall notify the United States
162		-	Customs and Border Protection of the Department of Homeland Security
163		-	within seven (7) days to arrange transportation for the repatriation
164		-	of said person back to his or her country of origin .
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166		-	ENGR. H. B. NO. 1362 Page 4 1
	172	+	HB1362 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
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	198	+	Customs and Border Protection of the Department of Homeland Security
	199	+	within seven (7) days to arrange transportation for the repatri ation
	200	+	of said person back to his or her country of origin .
191	201		D. F. Any alien who has been denied admission, excluded,
192	202		deported, or removed, or has departed the United States while an
193	203		order of exclusion, deportation, or re moval is outstanding, and
194	204		thereafter enters, attempts to enter, or is at any time found in
195	205		Oklahoma shall, upon conviction, be guilty of a felony and shall be
196	206		punished in accordance with the provisions set forth in paragraph 2
197	207		of subsection C B of this section, unless:
198	208		1. Prior to reembarka tion of the alien at a place outside the
199	209		United States or application by the alien for admission from a
200	210		foreign contiguous territory, the United States Attorney General has
201	211		expressly consented to such alien's reapplying for admission; or
202	212		2. With respect to an alien previously denied admission and
203	213		removed, such alien established that he or she was not required to
204	214		obtain such advance consent under this section or any prior statute.
205	215		E. G. The arresting law enforcement agency shall collect all
206	216		available identifying information of the person including all
207	217		fingerprints and any other applicable photographic and biometric
208	218		data to identify the person. Once obtained, the law enforcement
209	219		agency shall cross-reference the collected information with:
210	220		1. All relevant local, state, and federal criminal databases;
211	221		and
212		-	2. Federal lists or classifications used to identify a person
213		-	as a threat or potent ial threat to national security.
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215		-	ENGR. H. B. NO. 1362 Page 5 1
	223	+	HB1362 HFLR Page 5
	224	+	BOLD FACE denotes Committee Amendments. 1
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	249	+	2. Federal lists or classifications used to identify a person
	250	+	as a threat or potential threat to national security.
240	251		The Oklahoma State Bureau of Investigation shall have the
241	252		authority to collect and maintai n the identifying information
242	253		collected by law enforcement agencies pursuant to the provisions of
243	254		this subsection.
244	255		F. H. It shall be an affirmative defense to prosecution under
245	256		the provisions of paragraphs 1 and 2 of subsection C B of this
246	257		section that:
247	258		1. The federal government has granted the defendant:
248	259		a. lawful presence in the United States, or
249	260		b. asylum under Section 1158 of Title 8 of the United
250	261		States Code; or
251	262		2. The defendant was approved for benefits under the federal
252	263		Deferred Action for Childho od Arrivals program between June 15,
253	264		2012, and July 16, 2021.
254	265		G. I. Any person convicted of an offense pursuant to the
255	266		provisions of this section shall not be eligible for probation or
256	267		delayed sentencing.
257	268		H. J. The Legislature finds that the presence of persons who
258	269		are unauthorized to be present within the State of Oklahoma is a
259	270		matter of statewide concern. Therefore, the Legislature hereby
260	271		occupies and preempts the entire field of legislation in this state
261	272		regarding the presence of persons who have ente red and remained in
262		-	this state without first having obtained the legal authorization to
263		-	do so. Any municipality or other political s ubdivision of this
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265		-	ENGR. H. B. NO. 1362 Page 6 1
	274	+	HB1362 HFLR Page 6
	275	+	BOLD FACE denotes Committee Amendments. 1
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	300	+	this state without first having obtained the legal authorization to
	301	+	do so. Any municipality or other political subdivision of this
290	302		state shall be prohibited from adopting any ordinance, regulation,
291	303		resolution, rule, or policy that conf licts with the provisions of
292	304		this act.
293	305		SECTION 2. It being immediately necessary for the preservation
294	306		of the public peace, health or safety, an emergency is hereby
295	307		declared to exist, by reason whereof this act shall take effect and
296	308		be in full force from and after its passage and approval.
297		-	Passed the House of Representatives the 13th day of March, 2025.
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302		-	Presiding Officer of the House
303		-	of Representatives
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307		-	Passed the Senate the _____ day of __________, 2025.
308		-
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312		-	Presiding Officer of the Senate
	310	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
	311	+	OVERSIGHT, dated 03/03/2025 – DO PASS, As Amended and Coauthored .