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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 871 By: Reinhardt
AS INTRODUCED
An Act relating to crimes and punishment; amending 21
O.S. 2021, Section 540A, which relates to eluding
peace officers; modifying certain penalty provisions;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 540A, is
amended to read as follo ws:
Section 540A. A. Any operator of a motor vehicle who has
received a visual and audible signal, a red light , and a siren from
a peace officer driving a motor vehicle showing the same to be an
official police, sheriff, highway patrol , or state game ranger
vehicle directing the operator to bring the vehicle to a stop and
who willfully increases the speed or extinguishes the lights of the
vehicle in an attempt to elude such peace officer, or willfully
attempts in any other manner to elude the peace office r, or who does
elude such peace officer, is guilty of a misdemeanor. The peac e
officer, while attempting to stop a violator of this section, may
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communicate a request for the assistance of other peace officers
from any office, department , or agency. Any peace officer within
this state having knowledge of such request is authorized to render
such assistance in stopping the violator and may effect an arrest
under this section upon probable cause. Violation of this
subsection shall, upon conviction, constitute a misdemeanor and
shall be punishable by not less than six (6) months nor more than
one (1) year imprisonment in the county jail or, by a fine of not
less than One Hundred Dollars ($100.00) nor more than Two Thousand
Dollars ($2,000.00), or by both such fine and imprisonment. A
second or subsequent violation of this subsection shall be
punishable by not more than one (1) year imprisonment in the county
jail or, by a fine of not less than Five Hundred Dollars ($500.00)
nor more than Five Thousand Dollar s ($5,000.00), or by both such
fine and imprisonment.
B. Any person who viola tes the provisions of subsection A of
this section in such manner as to endanger any other person shall ,
upon conviction, be deemed guilty of a felony punishable by
imprisonment in the State Penitentiary custody of the Department of
Corrections for a term of not less than one (1) year thirty (30)
months nor more than five (5) years, or by a fine of not less than
One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.
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C. 1. Any person who cau ses an accident, while eluding or
attempting to elude an officer, resulting in great bodily injury to
any other person while driving or operating a motor vehicle within
this state and who is in violation of the provisions of subsection A
of this section may be charged with a violation of the provisions of
this subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a f elony
punishable by imprisonment in a state correctional institution the
custody of the Department of Corrections for not less than one (1)
year and not five (5) years nor more than five (5) seven (7) years,
and a fine of not more than Five Thousand Dollar s ($5,000.00).
2. As used in this subsection, “great bodily injury” means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or org an.
SECTION 2. This act shall become effective November 1, 20 25.
60-1-1353 CN 1/16/2025 9:57:16 AM