Bill
Bill > SB1646
OK SB1646
OK SB1646Classification of crimes; classifying criminal offenses into classifications. Effective date.
summary
Introduced
02/07/2022
02/07/2022
In Committee
03/30/2022
03/30/2022
Crossed Over
03/24/2022
03/24/2022
Passed
Dead
05/27/2022
05/27/2022
Introduced Session
2022 Regular Session
Bill Summary
An Act relating to the classification of felony offenses; creating the Oklahoma Crime Reclassification Act of 2022; requiring persons who commit criminal offenses to be sentenced in accordance with certain matrix; affirming certain sentencing powers of the court; declaring state policy regarding the sentencing of convicted felons; requiring the classification of felony crimes by certain date; directing the publishing of any adopted matrices as an appendix to Title 21 of the Oklahoma Statutes; requiring the use of sentencing matrices for the punishment of criminal offenses after certain date; providing list of classes; directing the use of certain criminal provisions for first degree murder convictions; describing purpose of sentencing matrix; establishing a classification system for felony criminal offenses; stating classifications; providing list of crimes for each class; stating punishment ranges for each class; amending 2 O.S. 2021, Sections 2-18, 5-106, 6-94, 6-125, 6-155, 6-190, 6-194, 6-207, 6-262, 6-611, 9-34, 9-35, 9-36, 9-37, 9-132, 11-2, 11-10, 16-6, 16-25, 16-34, 16-59, 16-60, 16-63 and 16-66, which relate to the Oklahoma Agricultural Code; assigning classification for certain crimes; modifying felony penalties; amending 3 O.S. 2021, Sections 258, 259, 301, 281 and 321, which relate to aircraft and airports; assigning classification for certain crimes; modifying felony penalties; amending 3A O.S. 2021, Sections 203.6, 205, 208.4, 208.6, 208.7, 208.8, 208.9, 208.10, 208.11, 504, 505 and 727, which relate to amusements and sports; assigning classification for certain crimes; modifying felony penalties; amending 4 O.S. 2021, Sections 42.4, 85.11 and 268, which relate to animals; assigning classification for certain crimes; modifying felony penalties; amending 6 O.S. 2021, Sections 808, 809 and 1414, which relate to banks and trust companies; assigning classification for certain crimes; modifying felony penalties; amending 10 O.S. 2021, Section 404.1, which relates to children; assigning classification for certain crime; modifying felony penalty; amending 10A O.S. 2021, Section 1-2-101, which relates to the children and juvenile code; assigning classification for certain crime; modifying felony penalty; amending 11 O.S. 2021, Section 39- 113, which relates to cities and towns; assigning classification for certain crime; modifying felony penalty; amending 12 O.S. 2021, Sections 65 and 923, which relate to civil procedure; assigning classification for certain crimes; modifying felony penalties; amending 13 O.S. 2021, Section 176.3, which relates to common carriers; assigning classification for certain crime; modifying felony penalty; amending 15 O.S. 2021, Sections 567 and 767, which relates to contracts; assigning classification for certain crimes; modifying felony penalties; amending 17 O.S. 2021, Sections 6.1, 16, 158.59 and 191.11, which relate to the Corporation Commission; assigning classification for certain crimes; modifying felony penalties; amending 18 O.S. 2021, Sections 381.73, 411 and 553.3, which relate to corporations; assigning classification for certain crimes; modifying felony penalties; amending 19 O.S. 2021, Sections 28, 29, 91, 92, 112, 641 and 686, which relate to counties and county officers; assigning classification for certain crimes; modifying felony penalties; amending 21 O.S. 2021, Sections 53, 175, 187.1, 187.2, 265, 266, 275, 282, 301, 303, 305, 306, 307, 308, 309, 322, 334, 341, 349, 350, 357, 359, 360, 373, 374, 380, 380.1, 382, 383, 384, 388, 399, 400, 421, 422, 424, 425, 434, 436, 437, 438, 440, 443, 444, 445, 446, 451, 453, 455, 456, 461, 462, 463, 500, 505, 521, 531, 532, 539, 540A, 540B, 540C, 543, 567A, 578, 579, 588, 589, 590, 644, 644.1, 645, 647, 649, 649.1, 649.2, 649.3, 650, 650.2, 650.4, 650.5, 650.6, 650.7, 650.8, 650.9, 650.11, 651, 652, 653, 662, 681, 684, 701.9, 701.16, 715, 722, 741, 745, 748, 752, 759, 760, 798, 799, 800, 817, 818, 832, 843.1, 843.3, 843.4, 843.5, 849, 850, 851, 852, 852.1, 853, 856, 856.1, 856.2, 856.3, 861, 866, 872, 883, 884, 885, 886, 888, as last amended by Section 2, Chapter 331, O.S.L. 2021, 891, 941, 946, 948, 950, 954, 982, 986, 987, 991, 996.3, 1021, 1021.2, 1021.3, 1024.2, 1031, 1040.8, 1040.12a, 1040.13, 1040.13a, 1040.13b, 1040.80, 1053, 1068, 1073, 1081, 1085, 1086, 1087, 1088, 1092, 1115, as last amended by Section 124, Chapter 234, O.S.L. 2009, 1116, 1117, 1118, 1119, 1123, 1125, 1161, 1161.1, 1162, 1163, 1168.1, 1168.4, 1168.6, 1171, 1172, 1173, 1174, 1192, 1192.1, 1217, 1229, 1230.8, 1263, 1265.2, 1265.3, 1265.5, 1266, 1266.5, 1268.2, 1268.3, 1268.4, 1268.5, 1268.6, 1268.7, 1268.8, 1267.1, 1272.3, 1278, 1282, 1283, 1284, 1287, 1289.17, 1289.17A, 1289.18, 1289.20, 1289.21, 1289.26, 1290.21, 1302, 1303, 1304, 1312, 1320.4, 1320.5, 1320.10, 1321.7, 1321.8, 1327, 1368, 1378, 1401, 1402, 1403, 1404, 1405, 1411, 1412, 1414, 1415, 1416, 1435, 1436, 1441, 1442, 1451, as last amended by Section 2, Chapter 116, O.S.L. 2018, 1483, 1488, 1503, 1506, 1521, as last amended by Section 2, Chapter 221, O.S.L. 2016, 1531, 1532, 1533, 1533.1, 1533.2, 1541.2, as last amended by Section 4, Chapter 116, O.S.L. 2018, 1541.3, as last amended by Section 5, Chapter 116, O.S.L. 2018, 1542, 1543, 1544, 1550, 1550.28, 1550.31, 1550.32, 1550.41, 1571, 1572, 1574, 1577, as last amended by Section 6, Chapter 116, O.S.L. 2018, 1578, as last amended by Section 7, Chapter 116, O.S.L. 2018, 1579, as last amended by Section 8, Chapter 116, O.S.L. 2018, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593, 1621, as last amended by State Question No. 780 Initiative Petition No. 404, Section 20, adopted at General Election held on November 8, 2016, effective July 1, 2017, 1622, 1623, 1624, 1626, 1632, 1635, 1639, 1662, 1663, 1681, 1685, 1692.2, 1692.3, 1692.4, 1692.5, 1692.8, 1694, 1695, 1696, 1697, 1699.1, 1702, 1705, as last amended by Section 12, Chapter 116, O.S.L. 2018, 1707, 1708, 1713, 1713.1, 1716, 1718, 1719, 1719.1, 1719.2, 1720, 1721, 1722, 1726, 1727, 1728, 1731, as last amended by Section 15, Chapter 116, O.S.L. 2018, 1732, 1742.2, 1751, 1752, 1752.1, 1753.8, 1753, 1755, 1760, 1765, 1767.1, 1767.2, 1777, 1778, 1785, 1786, 1791, 1792, 1834, 1837, 1861, 1871, 1872, 1873, 1874, 1903, 1904, 1953, 1955, 1958, 1976, 1977, 1978, 1979, 1980, 1990.2, 1993, 2001, and 2100.1, which relate to crimes and punishments; assigning classifications for certain crimes; modifying felony penalties; amending 22 O.S. 2021, Sections 17, 60.4, 60.6, 107, 1110, 1264, and 1404, which relate to criminal procedure; assigning classifications for certain crimes; modifying felony penalties; amending 26 O.S. 2021, Sections 9-118, 16-102.1, 16-102.2, 16-102, 16-103.1, 16-103, 16-104, 16-105, 16-106, 16-107, 16-108, 16- 109, and 16-120, which relate to elections; assigning classification for certain crimes; modifying felony penalties; amending 27A O.S. 2021, Sections 2-5-116, 2-6-206, 2-7-109, 2-10-302, and 2-10-801, which relate to environment and natural resources; assigning classifications for certain crimes; modifying felony penalties; amending 29 O.S. 2021, Section 3-201, which relates to game and fish; assigning classification for certain crime; modifying felony penalty; amending 30 O.S. 2021, Section 4-904, which relates to guardian and ward; assigning classification for certain crime; modifying felony penalty; amending 34 O.S. 2021, Section 23, which relates to initiative and referendum; assigning classification for certain crime; modifying felony penalty; amending 36 O.S. 2021, Sections 311.1, 1435.26, 1643, 2737.1, 4055.14, and 6130, which relate to insurance; assigning classifications for certain crimes; modifying felony penalties; amending 37A O.S. 2021, Sections 3-101, 6-101, 6-115, 6-116, 6-117, 6-123, and 6-129, which relate to alcoholic beverages; assigning classification for certain crimes; modifying felony penalties; amending 40 O.S. 2021, Sections 4-508, 169, and 182, which relate to labor; assigning classification for certain crimes; modifying felony penalties; amending 42 O.S. 2021, Sections 142.4 and 153, which relate to liens; assigning classification for certain crimes; modifying felony penalties; amending 43 O.S. 2021, Sections 14 and 123, which relate to marriage; assigning classification for certain crimes; modifying felony penalties; amending 43A O.S. 2021, Sections 2-219, 3-601, and 11-113, which relate to mental health; assigning classification for certain crimes; modifying felony penalties; amending 44 O.S. 2021, Section 210, which relates to the militia; assigning classification for certain crime; modifying felony penalty; amending 47 O.S. Sections 4-102, 4- 103, 4-107a, 4-108, 4-109, 4-110, 6-301, 6-302, 7- 612, 10-102, 10-102.1, 11-207, 11-902, 11-904, 11- 905, 11-1111, 579.1, 592.9, and 1503, which relate to motor vehicles; assigning classifications for certain crimes; modifying felony penalties; amending 51 O.S. 2021, Sections 36.5 and 36.6, which relate to officers; assigning classification for certain crimes; modifying felony penalties; amending 52 O.S. 2021, Sections 47.6, 108, 109, 114, 115, 117, 118, and 235, which relate to oil and gas; assigning classifications for certain crimes; modifying felony penalties; amending 56 O.S. 2021, Sections 26.18, 183, 185, 243, 1005.1 and 1006, which relate to poor persons; assigning classification for certain crimes; modifying felony penalties; amending 57 O.S. 2021, Sections 13, 21, 22, 222, 587, 590, 590.1 and 599, which relate to prisons and reformatories; assigning classifications for certain crimes; modifying felony penalties; amending 59 O.S. 2001, Sections 15.26, 328.49, 353.17A, 353.24, 353.25, 396.33, 491, 638, 1322, 1335, 1350.2, 1350.4, 1350.6, 1350.12, 1350.16, 1425, 1512, as last amended by Section 19, Chapter 116, O.S.L. 2018, 1529, and 1750.11, which relate to professions and occupations; assigning classification for certain crimes; modifying felony penalties; amending 61 O.S. 2021, Sections 114, 115, and 116, which relate to public buildings and public works; assigning classification for certain crimes; modifying felony penalties; amending 62 O.S. 2021, Sections 89.11, 81, and 604, which relate to public finance; assigning classification for certain crimes; modifying felony penalties; amending 63 O.S. 2021, Sections 1-324.1, 1-731, 1-737.13, 1-738.14, 1- 740.4b, 1-745.7, 1-746.7, 1-749, 1-757.10, 2-312.1, 2-328, 2-332, 2-333, 2-401, 2-403, 2-404, 2-405, 2- 406, 2-407, 2-415, 2-419.1, 2-503.1, 2-503.1d, 2- 503.1e, 2-503.1f, 2-503.1h, 2-509, 2-701, 124.8, 2200.16A, 2200.17A, 3101.11, 4009.1, 4209.1, 4209.2, 4209.3, 4209.4, 4209, and 4253, which relate to public health and safety; assigning classifications for certain crimes; modifying felony penalties; amending 64 O.S. 2021, Sections 1017, 1018, 1026, 1029, and 1094, which relate to public lands; assigning classification for certain crimes; modifying felony penalties; amending 66 O.S. 2021, Sections 304 and 324, which relate to railroads; assigning classification for certain crimes; modifying felony penalties; amending 67 O.S. 2021, Section 83, which relates to records; assigning classification for certain crime; modifying felony penalty; amending 68 O.S. 2021, Sections 218.1, 240.1, 241, 244, 246, 317, 317.1, 349.1, 426, 450.8, 450.9, 1364, 1625, 2003, 2376, 2861, 2920, 2945, 3609, 3807, 3908, 4109, and 4209, which relate to revenue and taxation; assigning classifications for certain crimes; modifying felony penalties; amending 69 O.S. 2021, Sections 310, 1213, and 1802, which relate to roads, bridges, and ferries; assigning classification for certain crimes; modifying felony penalties; amending 70 O.S. 2021, Sections 17-110, 23-106, 821.95, 3909, and 4306, which relate to schools; assigning classification for certain crimes; modifying felony penalties; amending 71 O.S. 2021, Sections 1-508, 460, 621, 626, 631, 641, 653, 654, and 823, which relate to securities; assigning classifications for certain crimes; modifying felony penalties; amending 72 O.S. 2021, Section 6-1, which relates to soldiers and sailors; assigning classification for certain crime; modifying felony penalty; amending 74 O.S. 2021, Sections 71 and 217 which relate to state government; assigning classification for certain crimes; modifying felony penalties; amending 79, Section 206, which relates to trusts and pools; assigning classification for certain crime; modifying felony penalty; amending 82 O.S. 2021, Sections 674 and 867, which relate to water and water rights; assigning classification for certain crimes; modifying felony penalties; amending 85A O.S. 2021, Section 38, which relates to workersâ?? compensation; assigning classification for certain crime; modifying felony penalty; providing for codification; and providing an effective date.
AI Summary
This bill proposes the Oklahoma Crime Reclassification Act of 2022, which aims to restructure the classification and sentencing of criminal offenses in Oklahoma. The key provisions of this bill include:
1. Requiring persons who commit criminal offenses, other than those listed in Section 13.1, to be sentenced in accordance with the sentencing provisions for each classification (Class Y, A1, A2, A3, B1, B2, B3, B4, B5, B6, C1, C2, D1, D2, D3). This does not affect the power of the court to suspend or defer a sentence or order restitution.
2. Establishing a sentencing policy to sentence persons convicted of felonies pursuant to the sentencing classifications outlined in the bill, with the initial provisions for each classification remaining in effect until new sentencing provisions are established.
3. Classifying all felonies into the following categories: Class Y, A1, A2, A3, B1, B2, B3, B4, B5, B6, C1, C2, D1, D2, and D3, with each classification having specified punishment ranges. Class Y is reserved for first-degree murder, while the other classifications cover various violent and non-violent felony offenses.
4. Providing that the provisions of the act shall not be applied to, affect or alter sentencing of any offense listed in Section 13.1.
5. Requiring the classification of felony crimes by July 1, 2022 and directing the publishing of any adopted sentencing matrices as an appendix to Title 21 of the Oklahoma Statutes.
6. Requiring the use of the sentencing matrices for the punishment of criminal offenses after a certain date.
The bill also amends numerous sections throughout the Oklahoma Statutes to align the penalties for various criminal offenses with the new classification system established by the Act.
Committee Categories
Budget and Finance, Justice
Sponsors (5)
Last Action
Second Reading referred to Judiciary - Criminal (on 03/30/2022)
Official Document
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