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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 828 By: Jett
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 statute of limitations;
increasing time for which certain prosecutions may be
commenced; 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 mone y, 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,
falsification of public records of the state or any county, school
district, municipality or other subdivision thereof, and conspiracy
to defraud the State of Oklahoma or any county, school district,
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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 for the
crimes of embezzlement or misappropriation of public money, bonds,
securities, assets or property of any school district, including
those relating to studen t activity funds, or the crime of
falsification of public records of any independent school district,
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 Oklahoma 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 fr aud pursuant to Section 1005 of Title 56 of
the Oklahoma Statutes, shall be commenced within five (5) years
after the discovery of the crime.
B. Prosecutions for criminal violat ions 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
proposals or acts aga inst children, involving minors in pornography
pursuant to Section 886, 888, 1 111, 1111.1, 1113, 1114, 1021.2,
1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
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abuse pursuant to 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 of the Oklahoma Statutes shall may be
commenced by the forty-fifth birthday of the alleged victim at any
time. Prosecutions for such crimes committed against victims
eighteen (18) years of age or older shall may 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 wh ich the
prosecution is not time -barred upon the effective date of this act
shall be retroactively subject to the provisions of this subsection
at any time.
2. However, prosecutions Prosecutions for the crimes listed in
paragraph 1 of this subsection may b e commenced at any time after
the commission of the offense if:
a. physical evidence is collected and preserved 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 i s
subsequently established through the use of a DNA
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profile using evidence lis ted 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 b ased 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 enforce ment 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 shal l commence within three (3)
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 o f Title 21 of the
Oklahoma Statutes shall be commenced within five (5) years after the
commission of such offense.
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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. F or 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 a cted as an accessory.
J. Prosecution for the crime of arson pursuant to Secti on 1401,
1402, 1403, 1404 or 1405 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
a felony shall be commenced within seven (7) years after the
commission of the crime.
L. Prosecutions for the crime of human trafficking pursuant to
Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
within three (3) years after discovery of the crime. For purposes
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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.
60-1-1562 TEK 1/16/2025 7:26:02 AM