1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3668 By: Miller
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6 AS INTRODUCED
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7 An Act relating to Medicaid fraud; amending 22 O.S.
7 2021, Section 152, as amended by Section 1, Chapter
8 174, O.S.L. 2022 (22 O.S. Supp. 2023, Section 152),
8 which relates to statute of limitations for criminal
9 procedure; including adult sexual abuse to all sexual
9 abuse crimes; amending 22 O.S. 2021, Section 1402,
10 which relates to definitions in the Oklahoma
10 Racketeer-Influenced and Corrupt Organizations Act;
11 adding to definition to include neglect and abuse to
11 elderly adults; adding to definition to include
12 Medicaid fraud; amending 56 O.S. 2021, Section 1006,
12 which relates to penalty for Medicaid fraud;
13 decreasing the dollar threshold amount for a felony
13 and misdemeanor; adding the fine and imprisonment
14 amounts; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 22 O.S. 2021, Section 152, as
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19 amended by Section 1, Chapter 174, O.S.L. 2022 (22 O.S. Supp. 2023,
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20 Section 152), is amended to read as follows:
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21 Section 152. A. Prosecutions for the crimes of bribery,
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22 embezzlement of public money, bonds, securities, assets or property
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23 of the state or any county, school district, municipality or other
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24 subdivision thereof, or of any misappropriation of public money,
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 1 bonds, securities, assets or property of the state or any county,
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2 school district, municipality or other subdivision thereof,
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3 falsification of public records of the state or any county, school
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4 district, municipality or other subdivision thereof, and conspiracy
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5 to defraud the State of Oklahoma or any county, school district,
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6 municipality or other subdivision thereof in any manner or for any
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7 purpose shall be commenced within seven (7) years after the
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8 discovery of the crime; provided, however, prosecutions for the
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9 crimes of embezzlement or misappropriation of public money, bonds,
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10 securities, assets or property of any school district, including
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11 those relating to student activity funds, or the crime of
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12 falsification of public records of any independent school district,
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13 the crime of criminal conspiracy, the crime of embezzlement pursuant
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14 to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
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15 the crime of False Personation or Identity Theft pursuant to
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16 Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
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17 the financial exploitation of a vulnerable adult pursuant to
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18 Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
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19 Statutes, or Medicaid fraud pursuant to Section 1005 of Title 56 of
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20 the Oklahoma Statutes, shall be commenced within five (5) years
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21 after the discovery of the crime.
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22 B. Prosecutions for criminal violations of any state income tax
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23 laws shall be commenced within five (5) years after the commission
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24 of such violation.
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 1 C. 1. Prosecutions for sexual crimes against children,
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2 specifically rape or forcible sodomy, sodomy, lewd or indecent
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3 proposals or acts against children, involving minors in pornography
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4 pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,
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5 1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
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6 abuse pursuant to Section 843.5 of Title 21 of the Oklahoma
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7 Statutes, and child trafficking pursuant to Section 866 of Title 21
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8 of the Oklahoma Statutes shall be commenced by the forty-fifth
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9 birthday of the alleged victim. Prosecutions for such crimes
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10 committed against victims eighteen (18) years of age or older, and
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11 sexual abuse of a vulnerable adult pursuant to Section 843.1 of
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12 Title 21 of the Oklahoma Statutes shall be commenced within twelve
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13 (12) years after the discovery of the crime. As used in this
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14 paragraph, "discovery" means the date that a physical or sexually
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15 related crime involving a victim eighteen (18) years of age or older
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16 is reported to a law enforcement agency.
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17 2. However, prosecutions for the crimes listed in paragraph 1
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18 of this subsection may be commenced at any time after the commission
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19 of the offense if:
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20 a. physical evidence is collected and preserved that is
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21 capable of being tested to obtain a profile from
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22 deoxyribonucleic acid (DNA), and
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 1 b. the identity of the offender is subsequently
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2 established through the use of a DNA profile using
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3 evidence listed in subparagraph a of this paragraph.
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4 A prosecution under this exception must be commenced within
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5 three (3) years from the date on which the identity of the suspect
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6 is established by DNA testing.
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7 3. No prosecution under this subsection shall be based upon the
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8 memory of the victim that has been recovered through psychotherapy
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9 unless there is some evidence independent of such repressed memory.
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10 4. Any person who knowingly and willfully makes a false claim
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11 pursuant to this subsection or a claim that the person knows lacks
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12 factual foundation may be reported to local law enforcement for
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13 criminal investigation and, upon conviction, shall be guilty of a
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14 felony.
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15 D. Prosecutions for criminal violations of any provision of the
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16 Oklahoma Wildlife Conservation Code shall be commenced within three
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17 (3) years after the commission of such offense.
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18 E. Prosecutions for the crime of criminal fraud or workers'
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19 compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
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20 of Title 21 of the Oklahoma Statutes shall commence within three (3)
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21 years after the discovery of the crime, but in no event greater than
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22 seven (7) years after the commission of the crime.
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23 F. Prosecution for the crime of false or bogus check pursuant
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24 to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the
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 1 Oklahoma Statutes shall be commenced within five (5) years after the
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2 commission of such offense.
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3 G. Prosecution for the crime of solicitation for murder in the
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4 first degree pursuant to Section 701.16 of Title 21 of the Oklahoma
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5 Statutes shall be commenced within seven (7) years after the
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6 discovery of the crime. For purposes of this subsection,
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7 "discovery" means the date upon which the crime is made known to
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8 anyone other than a person involved in the solicitation.
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9 H. In all other cases a prosecution for a public offense must
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10 be commenced within three (3) years after its commission.
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11 I. Prosecution for the crime of accessory after the fact must
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12 be commenced within the same statute of limitations as that of the
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13 felony for which the person acted as an accessory.
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14 J. Prosecution for the crime of arson pursuant to Section 1401,
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15 1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
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16 be commenced within seven (7) years after the commission of the
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17 crime.
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18 K. Prosecutions for criminal violations in which a deadly
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19 weapon is used to commit a felony or prosecutions for criminal
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20 violations in which a deadly weapon is used in an attempt to commit
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21 a felony shall be commenced within seven (7) years after the
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22 commission of the crime.
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23 L. Prosecutions for the crime of human trafficking pursuant to
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24 Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
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 1 within three (3) years after discovery of the crime. For purposes
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2 of this subsection, "discovery" means the date upon which the crime
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3 is reported to a law enforcement agency.
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4 SECTION 2. AMENDATORY 22 O.S. 2021, Section 1402, is
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5 amended to read as follows:
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6 Section 1402. As used in the Oklahoma Racketeer-Influenced and
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7 Corrupt Organizations Act:
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8 1. "Beneficial interest" includes:
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9 a. the interest of a person as a beneficiary pursuant to
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10 a trust, in which the trustee holds legal title to
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11 personal or real property, or
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12 b. the interest of a person as a beneficiary pursuant to
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13 any other arrangement under which any other person
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14 holds legal title to personal or real property for the
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15 benefit of such person.
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16 The term beneficial interest does not include the interest of a
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17 stockholder in a corporation or the interest of a partner in either
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18 a general or limited partnership;
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19 2. "Enterprise" includes any individual, sole proprietorship,
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20 partnership, corporation, trust, governmental entity, or other legal
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21 entity, or any union, association, unincorporated association or
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22 group of persons, associated in fact although not a legal entity,
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23 involved in any lawful or unlawful project or undertaking or any
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24 foreign organization that the United States Secretary of State has
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 1 designated a foreign terrorist organization pursuant to Title 8
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2 U.S.C.A., Section 1189;
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3 3. "Innocent party" includes bona fide purchasers and victims;
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4 4. "Lien notice" means the notice pursuant to the provisions of
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5 Section 1412 of this title;
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6 5. "Pattern of racketeering activity" means two or more
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7 occasions of conduct:
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8 a. that include each of the following:
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9 (1) constitute racketeering activity,
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10 (2) are related to the affairs of the enterprise,
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11 (3) are not isolated, and
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12 (4) are not so closely related to each other and
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13 connected in point of time and place that they
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14 constitute a single event, and
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15 b. where each of the following is present:
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16 (1) at least one of the occasions of conduct occurred
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17 after November 1, 1988,
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18 (2) the last of the occasions of conduct occurred
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19 within three (3) years, excluding any period of
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20 imprisonment served by any person engaging in the
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21 conduct, of a prior occasion of conduct, and
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22 (3) for the purposes of Section 1403 of this title
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23 each of the occasions of conduct constituted a
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24 felony pursuant to the laws of this state;
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 1 6. "Pecuniary value" means:
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2 a. anything of value in the form of money, a negotiable
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3 instrument, or a commercial interest, or anything
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4 else, the primary significance of which is economic
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5 advantage, or
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6 b. any other property or service that has a value in
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7 excess of One Hundred Dollars ($100.00);
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8 7. "Person" means any individual or entity holding or capable
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9 of holding a legal or beneficial interest in property;
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10 8. "Personal property" includes any personal property, or any
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11 interest in such personal property, or any right, including bank
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12 accounts, debts, corporate stocks, patents or copyrights. Personal
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13 property and beneficial interest in personal property shall be
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14 deemed to be located where the trustee, the personal property, or
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15 the instrument evidencing the right is located;
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16 9. "Principal" means a person who engages in conduct
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17 constituting a violation of the Oklahoma Racketeer-Influenced and
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18 Corrupt Organizations Act or who is legally accountable for the
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19 conduct of another who engages in a violation of the Oklahoma
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20 Racketeer-Influenced and Corrupt Organizations Act;
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21 10. "Racketeering activity" means engaging in, attempting to
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22 engage in, conspiring to engage in, or soliciting, coercing, or
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23 intimidating another person to engage in any conduct which is
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24 chargeable or indictable as constituting a felony violation of one
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 1 or more of the following provisions of the Oklahoma Statutes,
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2 regardless of whether such act is in fact charged or indicted:
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3 a. relating to homicide pursuant to the provisions of
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4 Section 651, 652, 653, 701.7, 701.8, 701.16, 711 or
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5 716 of Title 21 of the Oklahoma Statutes or relating
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6 to concealment of homicidal death pursuant to the
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7 provisions of Section 543 of Title 21 of the Oklahoma
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8 Statutes,
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9 b. relating to kidnapping pursuant to the provisions of
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10 Section 741, 745, 891 or 1119 of Title 21 of the
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11 Oklahoma Statutes,
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12 c. relating to sex offenses pursuant to the provisions of
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13 Section 886, 888, 1021, 1021.2, 1021.4, 1024.2, 1111,
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14 1111.1, 1114 or 1123 of Title 21 of the Oklahoma
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15 Statutes,
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16 d. relating to bodily harm pursuant to the provisions of
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17 Section 645, 650, 650.2, 1289.16, 1302, 1303 or 1767.1
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18 of Title 21 of the Oklahoma Statutes,
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19 e. relating to theft, where the offense constitutes a
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20 felony, pursuant to the provisions of Section 1704,
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21 1707, 1708, 1709, 1710, 1711, 1713, 1716, 1719, 1720,
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22 1721, 1722, 1723 or 1731 of Title 21 of the Oklahoma
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23 Statutes,
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 1 f. relating to forgery pursuant to the provisions of
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2 Section 1561, 1562, 1571, 1572, 1574, 1575, 1577,
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3 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586,
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4 1587, 1588, 1589, 1590, 1591 or 1593 of Title 21 of
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5 the Oklahoma Statutes,
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6 g. relating to robbery pursuant to the provisions of
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7 Section 797, 800 or 801 of Title 21 of the Oklahoma
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8 Statutes,
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9 h. relating to burglary pursuant to the provisions of
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10 Section 1431, 1435 or 1437 of Title 21 of the Oklahoma
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11 Statutes,
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12 i. relating to arson pursuant to the provisions of
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13 Section 1368, 1401, 1402, 1403 or 1404 of Title 21 of
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14 the Oklahoma Statutes,
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15 j. relating to use or possession of a firearm or other
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16 offensive weapon while committing or attempting to
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17 commit a felony pursuant to the provisions of Section
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18 1287, 1289.20 or 1289.21 of Title 21 of the Oklahoma
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19 Statutes,
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20 k. relating to gambling pursuant to the provisions of
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21 Section 941, 942, 944, 945, 946, 948, 954, 956, 957,
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22 969, 970, 971, 981, 982, 983, 984, 985, 986, 987, or
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23 991 or 992 of Title 21 of the Oklahoma Statutes,
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