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STATE OF OKLAHOMA
1st Session of the 57th Legislature (2019)
SENATE BILL 96

By: Weaver

AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2011, Section 850, as relates to malicious
intimidation or harassment; modifying offenses to be
considered as hate crimes; prescribing certain
penalty; updating language; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.

AMENDATORY

21 O.S. 2011, Section 850, is

amended to read as follows:
Section 850.

A.

No person shall maliciously and with the

specific intent to intimidate or harass another person because of
that person's race, color, religion, ancestry, national origin or
disability:
1.

Assault or batter another person;

2.

Damage, destroy, vandalize or deface any real or personal

property of another person; or
3.

Threaten, by word or act, to do any act prohibited by

paragraph 1 or 2 of this subsection if there is reasonable cause to
believe that such act will occur.
Req. No. 542

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B.

No person shall maliciously and with specific intent to

incite or produce, and which is likely to incite or produce,
imminent violence, which violence would be directed against another
person because of that person's race, color, religion, ancestry,
national origin or disability, make or transmit, cause or allow to
be transmitted, any telephonic, computerized, or electronic message.
C.

No person shall maliciously and with specific intent to

incite or produce, and which is likely to incite or produce,
imminent violence, which violence would be directed against another
person because of that person's race, color, religion, ancestry,
national origin or disability, broadcast, publish, or distribute,
cause or allow to be broadcast, published or distributed, any
message or material.
D.

No person shall maliciously and with specific intent to

incite or produce, and which is likely to incite or produce,
imminent violence, injury or death, which would be directed against
a law enforcement officer, correctional officer or corrections
employee while the officer or employee is in the performance of
official duties and because of that person's employment as a law
enforcement officer, correctional officer or corrections employee.
E.

Any person convicted of violating any provision of

subsections subsection A, B or C of this section shall be guilty of
a misdemeanor on a first offense and a felony punishable by not more
than ten (10) years incarceration in the custody of the Department
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of Corrections for a second or subsequent offense.

The fine for a

felony violation of this section shall not exceed Ten Thousand
Dollars ($10,000.00).

Furthermore, said the person shall be civilly

liable for any damages resulting from any violation of this section.
E. F.

Upon conviction, any person guilty of a misdemeanor in

violation of this section shall be punishable by the imposition of a
fine not exceeding One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a period of not more than one
(1) year, or by both such fine and imprisonment.
G.

Any person convicted of violating any provision of

subsection D of this section shall be guilty of a felony punishable
by death or by imprisonment for life without parole in the custody
of the Department of Corrections.
F. H.

The Oklahoma State Bureau of Investigation shall develop

a standard system for state and local law enforcement agencies to
report incidents of crime which are apparently directed against
members of racial, ethnic, religious groups or other groups
specified by this section.

The Oklahoma State Bureau of

Investigation shall promulgate rules, regulations and procedures
necessary to develop, implement and maintain a standard system for
the collection and reporting of hate crime data.

All state, county,

city and town law enforcement agencies shall submit a monthly report
to the Oklahoma State Bureau of Investigation on forms prescribed by
the Bureau.
Req. No. 542

The report shall contain the number and nature of the
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offenses committed within their respective jurisdictions, the
disposition of such matters and any other information the Bureau may
require, respecting information relating to the cause and prevention
of crime, recidivism, the rehabilitation of criminals and the proper
administration of criminal justice.
G. I.

No person, partnership, company or corporation that

installs telephonic, computerized, or electronic message equipment
shall be required to monitor the use of such equipment for possible
violations of this section, nor shall such person, partnership,
company or corporation be held criminally or civilly liable for the
use by another person of the equipment in violation of this section,
unless the person, partnership, company or corporation that
installed the equipment had prior actual knowledge that the
equipment was to be used in violation of this section.
SECTION 2.

57-1-542

Req. No. 542

This act shall become effective November 1, 2019.

BHG

12/28/2018 1:16:37 PM

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