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STATE OF OKLAHOMA2nd Session of the 52nd Legislature (2010)SENATE BILL 2165 By: RussellAS INTRODUCEDAn Act relating to criminal investigations; amending21 O.S. 2001, Section 850, which relates to maliciousintimidation or harassment; requiring certain data bedeleted under certain circumstances; statingauthority of the Oklahoma State Bureau ofInvestigation regarding certain data; amending 51O.S. 2001, Section 24A.8, as last amended by Section1, Chapter 36, O.S.L. 2009 (51 O.S. Supp. 2009,Section 24A.8) and Section 24A.12, which relate tothe Oklahoma Open Records Act; expanding lawenforcement authority to deny access to certainrecords; specifying authority to maintainconfidentiality of certain files and reports;amending 74 O.S. 2001, Section 150.5, as last amendedby Section 162, Chapter 234, O.S.L. 2009 (74 O.S.Supp. 2009, Section 150.5), which relates to theOklahoma State Bureau of Investigation; limitingdisclosure of certain investigative information;prohibiting state employees from assisting a federalagency under certain circumstances; declaring certainevidence as not admissible; providing forcodification; and providing an effective date.BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:SECTION 1. AMENDATORY 21 O.S. 2001, Section 850, isamended to read as follows:Section 850. A. No person shall maliciously and with thespecific intent to intimidate or harass another person because of

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that person's race, color, religion, ancestry, national origin ordisability:1. Assault or batter another person;2. Damage, destroy, vandalize or deface any real or personalproperty of another person; or3. Threaten, by word or act, to do any act prohibited byparagraph 1 or 2 of this subsection if there is reasonable cause tobelieve that such act will occur.B. No person shall maliciously and with specific intent toincite or produce, and which is likely to incite or produce,imminent violence, which violence would be directed against anotherperson because of that person's race, color, religion, ancestry,national origin or disability, make or transmit, cause or allow tobe transmitted, any telephonic, computerized, or electronic message.C. No person shall maliciously and with specific intent toincite or produce, and which is likely to incite or produce,imminent violence, which violence would be directed against anotherperson 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, anymessage or material.D. Any person convicted of violating any provision ofsubsections A, B or C of this section shall be guilty of amisdemeanor on a first offense and a felony punishable by not more

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than ten (10) years incarceration in the custody of the Departmentof Corrections for a second or subsequent offense. The fine for afelony violation of this section shall not exceed Ten ThousandDollars ($10,000.00). Furthermore, said the person shall be civillyliable for any damages resulting from any violation of this section.E. Upon conviction, any person guilty of a misdemeanor inviolation of this section shall be punishable punished by theimposition of a fine not exceeding One Thousand Dollars ($1,000.00),or by imprisonment in the county jail for a period of not more thanone (1) year, or by both such fine and imprisonment.F. The Oklahoma State Bureau of Investigation shall develop astandard system for state and local law enforcement agencies toreport incidents of crime which are apparently directed againstmembers of racial, ethnic, religious groups or other groupsspecified by this section. The Oklahoma State Bureau ofInvestigation shall promulgate rules, regulations and proceduresnecessary to develop, implement and maintain a standard system forthe collection and reporting of hate crime data. All state, county,city and town law enforcement agencies shall submit a monthly reportto the Oklahoma State Bureau of Investigation on forms prescribed bythe Bureau. The report shall contain the number and nature of theoffenses committed within their respective jurisdictions, thedisposition of such matters and any other information the Bureau mayrequire, respecting information relating to the cause and prevention