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48 | 45 | | |
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49 | 46 | | |
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50 | 47 | | |
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51 | 48 | | COMMITTEE SUBSTITUTE |
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52 | 49 | | |
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53 | 50 | | An Act relating to criminal disturbance; declaring |
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54 | 51 | | legislative findings; amending 21 O.S. 2021, Sections |
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55 | 52 | | 915 and 916, which relate to disturbance of religious |
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56 | 53 | | meeting; specifying range of punishment for certain |
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57 | 54 | | misdemeanor offense; establishing felony off ense for |
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58 | 55 | | certain convictions; specifying range of punishment |
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59 | 56 | | for certain felony offense; modifying elements of |
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60 | 57 | | certain offenses; providing for noncodification ; and |
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61 | 58 | | declaring an emergency. |
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63 | 60 | | |
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64 | 61 | | |
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65 | 62 | | |
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66 | 63 | | |
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67 | 64 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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68 | 65 | | SECTION 1. NEW LAW A new section of law not to be |
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69 | 66 | | codified in the Oklahoma Statutes reads as follows: |
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70 | 67 | | The Legislature finds that the right of the people to meet and |
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71 | 68 | | assemble for religious worship is imperative for the people of this |
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100 | 96 | | places of religious worship must be balanced against the right of |
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101 | 97 | | another person to meet and assemble for religious worship in an |
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102 | 98 | | unobstructed manner; and that preventing the willful obstruction of |
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103 | 99 | | access of a person to places of religious worship is a matter of |
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104 | 100 | | statewide concern. Therefore, the Legislature declares that it is a |
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105 | 101 | | compelling public interest of this state to protect the ability of |
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106 | 102 | | its people to meet and assemble for religious worship wit hout |
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107 | 103 | | willful obstruction. |
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108 | 104 | | SECTION 2. AMENDATORY 21 O.S. 2021, Section 915, is |
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109 | 105 | | amended to read as follows: |
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110 | 106 | | Section 915. Every person who willfully disturbs, interrupts , |
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111 | 107 | | or disquiets any assemblage of people met for religious worsh ip, by |
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112 | 108 | | any of the acts or things hereinafter enumerated, is in Section 916 |
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113 | 109 | | of this title shall, upon conviction, be guilty of a misdemeanor |
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114 | 110 | | punishable by a fine not to exceed Five Hundred Dollars ($500.00), |
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115 | 111 | | by imprisonment in the county jail for a term not to exceed one (1) |
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116 | 112 | | year, or by both such fine and imprisonment. A person who commits a |
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117 | 113 | | second or subsequent offense shall, upon conviction, be guilty of a |
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118 | 114 | | felony punishable by a fine not to exceed One Thousand Dollars |
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119 | 115 | | ($1,000.00), by imprisonment in the c ustody of the Department of |
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120 | 116 | | Corrections for a term not to exceed two (2) years, or by both such |
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121 | 117 | | fine and imprisonment . |
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151 | 146 | | Section 916. The following are the acts deemed to constitute |
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152 | 147 | | disturbance of a religious meeting as prohibited by Section 915 of |
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153 | 148 | | this title: |
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154 | 149 | | 1. Uttering any profane discourse, committing any rude or |
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155 | 150 | | indecent act, or making any unnecessary noise, either within the |
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156 | 151 | | place where such meeti ng is held, or so near it as to disturb the |
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157 | 152 | | order and solemnity of the meeting .; |
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158 | 153 | | 2. Exhibiting within one (1) mile, any shows or plays without a |
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159 | 154 | | license by the proper authority. Knowingly obstructing, detaining, |
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160 | 155 | | hindering, impeding, or blocking the entry of another person to or |
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161 | 156 | | exit from a place where such meeting is held; |
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162 | 157 | | 3. Engaging in, or aiding or promoting within the like |
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163 | 158 | | distance, any racing of animals or gaming of any description. |
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164 | 159 | | Knowingly approaching another person within eight (8) feet of such |
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165 | 160 | | person, unless such other person consents, for the purpose of |
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166 | 161 | | passing a leaflet or handbill to, displaying a sign to, or engaging |
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167 | 162 | | in oral protest, education, or counseling with such other person in |
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168 | 163 | | the public way or sidewalk area within a radius of one hun dred (100) |
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169 | 164 | | feet from any entrance door to a place where the meeting is held ; or |
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170 | 165 | | 4. Obstructing in any manner, without authority of law, within |
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171 | 166 | | the like distance one (1) mile, the free passage along any highway |
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172 | 167 | | to the place of such the meeting. |
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