HB1935 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 1935 By: Sterling of the House and Thompson of the Senate AS INTRODUCED An Act relating to criminal procedure; amending 22 O.S. 2021, Section 152, as last amended by Section 1, Chapter 338, O.S.L. 2024 (22 O.S. Supp. 2024, Section 152), which relates to limitations; modifying crimes that may be prosecuted within certain limitation; 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 last amended by Section 1, Chapter 338, O.S.L . 2024 (22 O.S. Supp. 2024, Section 152), is amended to read as follows: Section 152. A. Prosecutions for the crimes 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, municipality or other subdivision thereof, HB1935 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 falsification of public records of the state or any cou nty, school district, municipality or other subdivision thereof, and consp iracy to defraud the State of Oklahoma or any county, school district, municipality or other subdivision thereof in any manner or for any purpose shall be commenced within seven (7) years after the discovery of the crime; provided, however, prosecutions fo r the crimes of embezzlement or misappropriation of public money, bonds, securities, assets or property of any school district, including those relating to student activity funds, or the crime of falsification of public records of any independent school di strict, 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 Personation or Identity Theft pursuant to Sections 1531 through 1533.3 of Title 21 of the Ok lahoma Statutes, the financial exploitation of a vulnerable adult pursuant to Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma Statutes, or Medicaid fraud pursuant to Sect ion 1005 of Title 56 of the Oklahoma Statutes, shall be commenced within f ive (5) years after the discovery of the crime. B. Prosecutions for criminal violations of any 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, sodomy, lewd or indecent HB1935 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 proposals or acts against children, involving minors in pornography pursuant to Section 886, 888, 1111, 1111.1, 1113, 1 114, 1021.2, 1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes , child abuse pursuant to any offense prohibited by Section 843.5 of Title 21 of the Oklahoma Statutes, sexual abuse of a vulnerable adult pursuant to Section 843.1 of Title 21 of the Oklahoma Statutes, child trafficking pursuant to Section 866 of Title 21 of the Oklahoma Statutes, and nonconsensual dissemination of private sexual images pursuant to Section 1040.13b of Title 21 , and failure to report abuse or neglect pursuant to Secti on 1-2-101 of Title 10A of the Oklahoma Statutes shall be commenced by the forty-fifth birthday of the alleged victim. Prosecutions for such crimes committed against victims eighteen (18) years of age or older shall be commenced within twenty (20) 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. Any offense for which the pro secution is not time -barred upon the effective date of this act shall be r etroactively subject to the provisions of this subsection. 2. However, prosecutions for the crimes listed in paragraph 1 of this subsection may be commenced at any time after the commission of the offense if: HB1935 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. physical evidence is collected and preserve d that is capable of being tested to obtain a profile from deoxyribonucleic acid (DNA), and b. probable cause as to the identity of the offender is subsequently established through t he use of a DNA profile using evidence listed in subparagraph a of this paragraph, or c. the accused person has provided a confession or admission related to the crime. 3. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence independent of such repressed memory. 4. Any person who knowingly and willfully makes a false claim pursuant to this subsection or a claim that the person knows lacks factual foundation may be reported to local law enforcement 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 Oklahoma Statutes shall commence within three (3) HB1935 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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) years after the commission of such offe nse. G. Prosecution for the crime of solicitation for murder in the first degree pursuant to Section 701.16 of Title 21 of the Oklahoma Statutes shall be commenced within seven (7) years after the discovery of the crime. For purposes of this subsection, "discovery" means the date upon which the crime is made known to anyone other than a person involved in the solicitation. H. In all other cases a prosecution for a public offense must be commenced within three (3) years after its commission. I. Prosecution for the crime of accessory after the fact must be commenced within the same statute of limitations 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 140 5 of Title 21 of the Oklahoma Statutes shall be commenced within seven (7) years after the commission of the crime. K. Prosecutions for criminal violations in which a deadly weapon is used to commit a felony or prosecutions for criminal violations in which a deadly weapon is used in an attempt to commit HB1935 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a felony shall be commenced within seven (7) years after the commission of the crime. L. Prosecutions for the crime of human traffi cking pursuant to Section 748 of Title 21 of the Oklahoma Statutes shall b e 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 effective November 1, 2025. COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY OVERSIGHT, dated 02/27/2025 – DO PASS, As Coauthored.