STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1842	By:	Brooks

AS INTRODUCED

An Act relating to the Delayed Sentencing Program for Young Adults; amending 22 O.S. 2011, Section 996.1, as amended by Section 1, Chapter 338, O.S.L. 2013 (22 O.S. Supp. 2013, Section 996.1), which relates to definitions; modifying certain definition; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 996.1, as amended by Section 1, Chapter 338, O.S.L. 2013 (22 O.S. Supp. 2013, Section 996.1), is amended to read as follows:
Section 996.1.  As used in the Delayed Sentencing Program for Young Adults:
"Offender" means any adult eighteen (18) through twenty-one (21) years of age as of the date of a verdict of guilty or a plea of guilty or nolo contendere for a nonviolent felony offense or a juvenile who has been certified to stand trial as an adult for a nonviolent felony offense, who has no charges pending for a violent offense and who has not been convicted of assault and battery with a dangerous weapon, aggravated assault and battery on a law officer, poisoning with intent to kill, shooting or discharging a firearm with intent to kill, assault with intent to kill, using a vehicle to facilitate the intentional discharge of any kind of firearm in violation of Section 652 of Title 21 of the Oklahoma Statutes, discharging any firearm or other deadly weapon at or into any dwelling, assault with intent to commit a felony, murder in the first degree, murder in the second degree, manslaughter in the first degree, manslaughter in the second degree, kidnapping, burglary in the first degree, kidnapping for extortion, maiming, robbery, child beating, wiring any equipment, vehicle, or structure with explosives, forcible sodomy, rape in the first degree or rape by instrumentation, lewd or indecent proposition or lewd or indecent act with a child under sixteen (16) years of age, use of a firearm or offensive weapon to commit or attempt to commit a felony, pointing firearms, rioting, arson in the first degree, child pornography, unlawful manufacturing, attempting to unlawfully manufacture or aggravated manufacturing of any controlled dangerous substance, or any violation of the Trafficking in Illegal Drugs Act, and who has no charges pending for a violent offense:
1.  Assault, battery, or assault and battery with a dangerous or deadly weapon as defined by Sections 645 and subsection C of 652 of Title 21 of the Oklahoma Statutes, or Section 2-219 of Title 43A of the Oklahoma Statutes;
2.  Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law as defined by Sections 650, subsection C of 650.2, 650.5, subsection B of 650.6, or subsection C of 650.7 of Title 21 of the Oklahoma Statutes;
3.  Poisoning with intent to kill as defined by Section 651 of Title 21 of the Oklahoma Statutes;
4.  Shooting with intent to kill as defined by Section 652 of Title 21 of the Oklahoma Statutes;
5.  Assault with intent to kill as defined by Section 653 of Title 21 of the Oklahoma Statutes;
6.  Using a vehicle to facilitate the intentional discharge of any kind of firearm in violation of Section 652 of Title 21 of the Oklahoma Statutes;
7.  Discharging any firearm or other deadly weapon at or into any dwelling as defined in Section 1289.17A of Title 21 of the Oklahoma Statutes;
8.  Assault with intent to commit a felony as defined by Section 681 of Title 21 of the Oklahoma Statutes;
9.  Assaults while masked or disguised as defined by Section 1303 of Title 21 of the Oklahoma Statutes;
10.  Murder in the first degree as defined by Section 701.7 of Title 21 of the Oklahoma Statutes;
11.  Murder in the second degree as defined by Section 701.8 of Title 21 of the Oklahoma Statutes;
12.  Manslaughter in the first degree as defined by Sections 711, 712, 713 or 714 of Title 21 of the Oklahoma Statutes;
13.  Manslaughter in the second degree as defined by Sections 716 or 717 of Title 21 of the Oklahoma Statutes;
14.  Kidnapping as defined by Section 741 of Title 21 of the Oklahoma Statutes;
15.  Burglary in the first degree as defined by Section 1431 of Title 21 of the Oklahoma Statutes;
16.  Kidnapping for extortion as defined by Section 745 of Title 21 of the Oklahoma Statutes;
17.  Maiming as defined by Section 751 of Title 21 of the Oklahoma Statutes;
18.  Robbery as defined by Section 791 of Title 21 of the Oklahoma Statutes;
19.  Robbery in the first degree as defined by Section 797 of Title 21 of the Oklahoma Statutes;
20.  Robbery in the second degree as defined by Section 797 of Title 21 of the Oklahoma Statutes;
21.  Armed robbery as defined by Section 801 of Title 21 of the Oklahoma Statutes;
22.  Robbery by two (2) or more persons as defined by Section 800 of Title 21 of the Oklahoma Statutes;
23.  Robbery with dangerous weapon or imitation firearm as defined by Section 801 of Title 21 of the Oklahoma Statutes;
24.  Any crime against a child provided for in Section 843.5 of Title 21 of the Oklahoma Statutes;
25.  Wiring equipment, vehicle or structure with explosives as defined by Section 849 of Title 21 of the Oklahoma Statutes;
26.  Forcible sodomy as defined by Section 888 of Title 21 of the Oklahoma Statutes;
27.  Rape in the first degree as defined by Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;
28.  Rape by instrumentation as defined by Section 1111.1 of Title 21 of the Oklahoma Statutes;
29.  Lewd or indecent proposition or lewd or indecent act with a child as defined by Section 1123 of Title 21 of the Oklahoma Statutes;
30.  Use of a firearm or offensive weapon to commit or attempt to commit a felony as defined by Section 1287 of Title 21 of the Oklahoma Statutes;
31.  Pointing firearms as defined by Section 1289.16 of Title 21 of the Oklahoma Statutes;
32.  Rioting as defined by Sections 1311 or 1321.8 of Title 21 of the Oklahoma Statutes;
33.  Inciting to riot as defined by Section 1320.2 of Title 21 of the Oklahoma Statutes;
34.  Arson in the first degree as defined by Section 1401 of Title 21 of the Oklahoma Statutes;
35.  Endangering human life during arson as defined by Section 1405 of Title 21 of the Oklahoma Statutes;
36.  Procure, produce, distribute, or possess juvenile pornography as defined by Section 1021.2 of Title 21 of the Oklahoma Statutes;
37.  Parental consent to juvenile pornography as defined by Section 1021.3 of Title 21 of the Oklahoma Statutes;
38.  Distributing obscene material or child pornography as defined by Section 1040.13 of Title 21 of the Oklahoma Statutes;
39.  Unlawful manufacturing, attempting to unlawfully manufacture or aggravated manufacturing of any controlled dangerous substance as defined by subsection G of Section 2-401 and paragraph 3 of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes;
40.  Any violation of the Trafficking in Illegal Drugs Act as defined by Section 2-415 of Title 63 of the Oklahoma Statutes.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-2508	LKS	1/16/2014 2:54:50 PM