1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1970 By: Pugh
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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 540A, which relates to eluding
8 a police officer; modifying elements of certain
8 offenses; creating felony offense; updating statutory
9 language and references; and providing an effective
9 date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 540A, is
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14 amended to read as follows:
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15 Section 540A. A. 1. Any operator of a motor vehicle who has
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16 received a visual and audible signal, a red light, and a siren from
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17 a peace officer driving a motor vehicle showing the same to be an
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18 official police, sheriff, highway patrol, or state game ranger
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19 vehicle directing the operator to bring the vehicle to a stop and
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20 who willfully increases the speed or extinguishes the lights of the
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21 vehicle in an attempt to elude such peace officer, or willfully
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22 attempts in any other manner to elude the peace officer, or who does
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23 elude such peace officer, is shall, upon conviction, be guilty of a
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24 misdemeanor. The peace officer, while attempting to stop a violator
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 1 of this section, may communicate a request for the assistance of
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2 other peace officers from any office, department, or agency. Any
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3 peace officer within this state having knowledge of such request is
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4 authorized to render such assistance in stopping the violator and
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5 may effect an arrest under this section upon probable cause.
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6 Violation of this subsection shall constitute a misdemeanor and
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7 shall be punishable by not more than one (1) year of imprisonment in
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8 the county jail or by a fine of not less than One Hundred Dollars
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9 ($100.00) Five Hundred Dollars ($500.00) nor more than Two Thousand
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10 Dollars ($2,000.00) or by both such fine and imprisonment.
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11 2. A person who commits a second or subsequent violation of
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12 this subsection shall, upon conviction, be guilty of a felony
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13 punishable by imprisonment in the custody of the Department of
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14 Corrections for not more than one (1) year in the county jail two
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15 (2) years or by a fine of not less than Five Hundred Dollars
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16 ($500.00) One Thousand Dollars ($1,000.00) nor more than Five
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17 Thousand Dollars ($5,000.00) or by both such fine and imprisonment.
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18 B. Any person who violates the provisions of subsection A of
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19 this section in such manner as to endanger any other person shall be
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20 deemed guilty of a felony punishable by imprisonment in the State
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21 Penitentiary custody of the Department of Corrections for a term of
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22 not less than one (1) year three (3) years nor more than five (5)
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23 years, or by a fine of not less than One Thousand Dollars
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 1 ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by
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2 both such fine and imprisonment.
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3 C. 1. Any person who causes an accident, while eluding or
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4 attempting to elude an officer, resulting in great bodily injury to
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5 any other person while driving or operating a motor vehicle within
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6 this state and who is in violation of the provisions of subsection A
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7 of this section may be charged with a violation of the provisions of
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8 this subsection. Any person who is convicted of a violation of the
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9 provisions of this subsection shall be deemed guilty of a felony
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10 punishable by imprisonment in a state correctional institution the
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11 custody of the Department of Corrections for not less than one (1)
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12 year three (3) years and not more than five (5) years, and a fine of
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13 not more than Five Thousand Dollars ($5,000.00).
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14 2. As used in this subsection, “great bodily injury” means
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15 bodily injury which creates a substantial risk of death or which
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16 causes serious, permanent disfigurement, or protracted loss or
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17 impairment of the function of any bodily member or organ.
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18 SECTION 2. This act shall become effective November 1, 2024.
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20 59-2-3138 CN 1/18/2024 1:50:44 PM
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