1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1735 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Section 1431, which relates to burglary
8 in the first degree; modifying elements of felony
8 offense; amending 21 O.S. 2021, Section 1435, as
9 amended by Section 1, Chapter 245, O.S.L. 2022 (21
9 O.S. Supp. 2023, Section 1435), which relates to
10 burglary in the second and third degrees; modifying
10 elements of felony offense; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1431, is
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16 amended to read as follows:
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17 Section 1431. Every person who breaks into and enters the
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18 dwelling house of another, or who enters into a restricted area of a
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19 commercial building without authorization, in which there is at the
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20 time some human being, with intent to commit some crime therein,
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21 either by:
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22 1. By forcibly Forcibly bursting or breaking the wall, or an
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23 outer door, window, or shutter of a window of such house or the lock
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 1 or bolts of such door, or the fastening of such window or shutter;
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2 or
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3 2. Forcibly bursting or breaking the wall, or an outer door,
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4 window, or shutter of a window, of such commercial building or by
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5 entering an area of a business not ordinarily open to the public
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6 without permission;
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7 3. By breaking Breaking in any other manner, being armed with a
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8 dangerous weapon or being assisted or aided by one or more
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9 confederates then actually present; or
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10 3. By unlocking
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11 4. Unlocking an outer door by means of false keys or by picking
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12 the lock thereof, or by lifting a latch or opening a window, is
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13 guilty of burglary in the first degree.
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14 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1435, as
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15 amended by Section 1, Chapter 245, O.S.L. 2022 (21 O.S. Supp. 2023,
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16 Section 1435), is amended to read as follows:
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17 Section 1435. A. Every person who breaks and enters the
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18 dwelling house of another, in which there is at the time no human
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19 being present, or any commercial building or any part of any
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20 building, room, booth, tent, railroad car, or other structure or
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21 erection in which any property is kept or who enters into a
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22 restricted area of a commercial building without authorization or
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23 breaks into or forcibly opens, any coin-operated or vending machine
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 1 or device with intent to steal any property therein or to commit any
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2 felony, is guilty of burglary in the second degree.
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3 B. Every person who breaks and enters, climbs under, or uses
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4 any jack stands or any other item to raise any automobile, truck,
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5 trailer or vessel of another, in which any property is kept, with
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6 intent to:
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7 1. Steal any property therein;
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8 2. Steal any property attached thereto; or
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9 3. Commit any felony,
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10 is guilty of burglary in the third degree.
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11 C. As used in subsection B of this section, the term “property
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12 attached thereto” includes, but is not limited to, tires, wheels,
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13 and catalytic converters.
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14 SECTION 3. This act shall become effective November 1, 2024.
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16 59-2-3068 CN 1/17/2024 8:38:20 AM
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Statutes affected:
Introduced: 21-1435
Floor (Senate): 21-1435
Engrossed: 21-1435
Amended And Engrossed: 21-1435