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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
ENGROSSED SENATE
BILL NO. 871 By: Reinhardt of the Senate
and
George of the House
[ crimes and punishment - minimum percentage of
sentence - criminal offense - eluding peace
officers - penalty provisions - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 13.1, as
amended by Section 1, Chapter 151, O .S.L. 2024 (21 O.S. Supp. 2024,
Section 13.1), is amended to read as follows:
Section 13.1. Persons convicted of:
1. First degree murder as defined provided for in Section 701.7
of this title;
2. Second degree murder as defined by provided for in Section
701.8 of this title;
3. Manslaughter in the first degree as defined by provided for
in Section 711 of this title;
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4. Poisoning with intent to kill as defined by provided for in
Section 651 of this title;
5. Shooting with intent to kill, use of a vehic le to facilitate
use of a firearm, crossbow or other weapon, assault, battery, or
assault and battery with a deadly weapon or by other means likely to
produce death or great bodily harm, as provided for in Section 652
of this title;
6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as defined by provided for in Section 800
of this title;
8. Robbery with a dangerous weapon as defined provided for in
Section 801 of this title;
9. First degree robbery as defined provided for in Section 797
of this title;
10. First degree rape as provided for in Section 1111 , or 1114
or 1115 of this title;
11. First degree arson as defined provided for in Section 1401
of this title;
12. First degree burglary as provided for i n Section 1436 1431
of this title;
13. Bombing as defined provided for in Section 1767.1 of this
title;
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14. Any crime against a child as provided for in Section 843.5
of this title;
15. Forcible sodomy as defined provided for in Section 888 of
this title;
16. Child pornography sexual abuse material or aggravated child
pornography sexual abuse material as defined provided for in Section
1021.2, 1021.3, 1024.1, 1024.2 , or 1040.12a of this title;
17. Child sex trafficking as defined in Section 1030 of thi s
title;
18. Lewd molestation of a child as defined provided for in
Section 1123 of this title;
19. Abuse of a vulnerable adult as defined in Section 10 -103 of
Title 43A of the Oklahoma Statutes;
20. Aggravated trafficking as provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery as provided for in Section
646 of this title upon any person defending another person from
assault and battery; or
22. Human trafficking as provided for defined in Section 748 of
this title; or
23. Causing an accident , while eluding or attempting to elude
an officer, that results in great bodily injury to any other person
as provided for in Section 540A of this title ,
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shall be required to serve not less than eight y-five percent (85%)
of any sentence of imprisonment imposed by the judicial system prior
to becoming eligible for consideration for parole. Persons
convicted of these offenses shall not be eligible for earned credits
or any other type of credits which ha ve the effect of reducing the
length of the sentence to less than eighty -five percent (85%) of the
sentence imposed.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 540A, is
amended to read as follows:
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 t o bring the vehicle to a stop and
who willfully increases the speed or extinguishes t he lights of the
vehicle in an attempt to elude such peace officer, or willfully
attempts in any other manner to elude the peace officer, or who does
elude such peace offi cer, is guilty of a misdemeanor. The peace
officer, while attempting to stop a violator of this section, may
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
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subsection shall, upon conviction, constitute a misdemeanor and
shall be punishable by not more than one (1) year of 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 of
imprisonment in the county jail or, by a fine of not less than Five
Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.
B. Any person who violates 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 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.
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 i s convicted of a violation of the
provisions of this subsection shall be deemed guilty of a felony
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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 Dollars ($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, permane nt disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
SECTION 3. This act shall become effective November 1, 20 25.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 04/17/2025 - DO PASS, As Amended.