1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1658 By: Garvin
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; amending 22
7 O.S. 2021, Section 152, as amended by Section 1,
8 Chapter 174, O.S.L. 2022 (22 O.S. Supp. 2023, Section
8 152), which relates to statute of limitations;
9 imposing statute of limitations for certain offense;
9 modifying grounds for which certain prosecutions may
10 be commenced; providing for retroactive application
10 of certain provisions; and providing an effective
11 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 22 O.S. 2021, Section 152, as
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16 amended by Section 1, Chapter 174, O.S.L. 2022 (22 O.S. Supp. 2023,
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17 Section 152), is amended to read as follows:
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18 Section 152. A. Prosecutions for the crimes of bribery,
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19 embezzlement of public money, bonds, securities, assets or property
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20 of the state or any county, school district, municipality or other
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21 subdivision thereof, or of any misappropriation of public money,
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22 bonds, securities, assets or property of the state or any county,
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23 school district, municipality or other subdivision thereof,
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24 falsification of public records of the state or any county, school
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Req. No. 2614 Page 1
1 district, municipality or other subdivision thereof, and conspiracy
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2 to defraud the State of Oklahoma or any county, school district,
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3 municipality or other subdivision thereof in any manner or for any
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4 purpose shall be commenced within seven (7) years after the
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5 discovery of the crime; provided, however, prosecutions for the
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6 crimes of embezzlement or misappropriation of public money, bonds,
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7 securities, assets or property of any school district, including
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8 those relating to student activity funds, or the crime of
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9 falsification of public records of any independent school district,
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10 the crime of criminal conspiracy, the crime of embezzlement pursuant
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11 to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes,
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12 the crime of False Personation or Identity Theft pursuant to
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13 Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes,
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14 the financial exploitation of a vulnerable adult pursuant to
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15 Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma
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16 Statutes, or Medicaid fraud pursuant to Section 1005 of Title 56 of
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17 the Oklahoma Statutes, shall be commenced within five (5) years
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18 after the discovery of the crime.
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19 B. Prosecutions for criminal violations of any state income tax
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20 laws shall be commenced within five (5) years after the commission
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21 of such violation.
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22 C. 1. Prosecutions for sexual crimes against children,
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23 specifically rape or forcible sodomy, sodomy, lewd or indecent
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24 proposals or acts against children, involving minors in pornography
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1 pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,
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2 1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
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3 abuse pursuant to Section 843.5 of Title 21 of the Oklahoma
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4 Statutes, sexual abuse of a vulnerable adult pursuant to Section
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5 843.1 of Title 21 of the Oklahoma Statutes, and child trafficking
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6 pursuant to Section 866 of Title 21 of the Oklahoma Statutes shall
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7 be commenced by the forty-fifth birthday of the alleged victim.
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8 Prosecutions for such crimes committed against victims eighteen (18)
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9 years of age or older shall be commenced within twelve (12) years
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10 after the discovery of the crime. As used in this paragraph,
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11 “discovery” means the date that a physical or sexually related crime
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12 involving a victim eighteen (18) years of age or older is reported
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13 to a law enforcement agency. Any offense for which the prosecution
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14 is not time-barred upon the effective date of this act shall be
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15 retroactively subject to the provisions of this subsection.
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16 2. However, prosecutions for the crimes listed in paragraph 1
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17 of this subsection may be commenced at any time after the commission
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18 of the offense if:
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19 a. physical evidence is collected and preserved that is
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20 capable of being tested to obtain a profile from
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21 deoxyribonucleic acid (DNA), and
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22 b. probable cause as to the identity of the offender is
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23 subsequently established through the use of a DNA
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1 profile using evidence listed in subparagraph a of
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2 this paragraph, or
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3 c. the accused person has provided a confession or
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4 admission related to the crime.
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5 A prosecution under this exception must be commenced within
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6 three (3) years from the date on which the identity of the suspect
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7 is established by DNA testing.
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8 3. No prosecution under this subsection shall be based upon the
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9 memory of the victim that has been recovered through psychotherapy
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10 unless there is some evidence independent of such repressed memory.
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11 4. Any person who knowingly and willfully makes a false claim
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12 pursuant to this subsection or a claim that the person knows lacks
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13 factual foundation may be reported to local law enforcement for
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14 criminal investigation and, upon conviction, shall be guilty of a
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15 felony.
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16 D. Prosecutions for criminal violations of any provision of the
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17 Oklahoma Wildlife Conservation Code shall be commenced within three
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18 (3) years after the commission of such offense.
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19 E. Prosecutions for the crime of criminal fraud or workers’
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20 compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
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21 of Title 21 of the Oklahoma Statutes shall commence within three (3)
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22 years after the discovery of the crime, but in no event greater than
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23 seven (7) years after the commission of the crime.
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1 F. Prosecution for the crime of false or bogus check pursuant
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2 to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the
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3 Oklahoma Statutes shall be commenced within five (5) years after the
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4 commission of such offense.
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5 G. Prosecution for the crime of solicitation for murder in the
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6 first degree pursuant to Section 701.16 of Title 21 of the Oklahoma
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7 Statutes shall be commenced within seven (7) years after the
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8 discovery of the crime. For purposes of this subsection,
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9 “discovery” means the date upon which the crime is made known to
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10 anyone other than a person involved in the solicitation.
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11 H. In all other cases a prosecution for a public offense must
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12 be commenced within three (3) years after its commission.
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13 I. Prosecution for the crime of accessory after the fact must
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14 be commenced within the same statute of limitations as that of the
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15 felony for which the person acted as an accessory.
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16 J. Prosecution for the crime of arson pursuant to Section 1401,
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17 1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
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18 be commenced within seven (7) years after the commission of the
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19 crime.
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20 K. Prosecutions for criminal violations in which a deadly
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21 weapon is used to commit a felony or prosecutions for criminal
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22 violations in which a deadly weapon is used in an attempt to commit
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23 a felony shall be commenced within seven (7) years after the
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24 commission of the crime.
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1 L. Prosecutions for the crime of human trafficking pursuant to
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2 Section 748 of Title 21 of the Oklahoma Statutes shall be commenced
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3 within three (3) years after discovery of the crime. For purposes
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4 of this subsection, “discovery” means the date upon which the crime
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5 is reported to a law enforcement agency.
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6 SECTION 2. This act shall become effective November 1, 2024.
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8 59-2-2614 TEK 1/16/2024 12:39:39 PM
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Req. No. 2614 Page 6
Statutes affected: Introduced: 22-152
Floor (House): 22-152
Floor (Senate): 22-152
Engrossed: 22-152
Amended And Engrossed: 22-152
Enrolled (final version): 22-152