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hb1845_int

hb1845_int

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Rep. Mike Shleton's bill calling for a stronger, more inclusive state hate crimes bill.
Rep. Mike Shleton's bill calling for a stronger, more inclusive state hate crimes bill.

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Published by: The Equality Network (TEN) on Feb 10, 2011
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11/08/2011

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 Req. No. 5092Page 1
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STATE OF OKLAHOMA1st Session of the 53rd Legislature (2011)HOUSE BILL 1845 By: SheltonAS INTRODUCEDAn Act relating to crimes and punishments; amending21 O.S. 2001, Section 850, which relates to maliciousintimidation and harassment; expanding scope of crimeto include certain class; modifying penalties; andproviding 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 ofthat person's race, color, religion, sexual orientation, genderidentity, ancestry, national origin or disability: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.
 
 Req. No. 5092Page 2
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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, sexualorientation, gender identity, ancestry, national origin ordisability, make or transmit, cause or allow to be transmitted, anytelephonic, 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, sexualorientation, gender identity, ancestry, national origin ordisability, broadcast, publish, or distribute, cause or allow to bebroadcast, published or distributed, any message or material.D. Any person convicted of violating any provision ofsubsections subsection A, B or C of this section shall be guilty ofa misdemeanor on a first offense and a felony punishable by not morethan ten (10) years incarceration in the custody of the Departmentof Corrections for a second or subsequent offense. The, or a finefor a felony violation of this section shall not to exceed TenThousand Dollars ($10,000.00), or by both such imprisonment andfine. Furthermore, said the person shall be civilly liable for anydamages resulting from any violation of this section.
 
 Req. No. 5092Page 3
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E. Upon conviction, any person guilty of a misdemeanor inviolation of this section shall be punishable by the imposition of afine not exceeding One Thousand Dollars ($1,000.00), or byimprisonment in the county jail for a period of not more than one(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 preventionof crime, recidivism, the rehabilitation of criminals and the properadministration of criminal justice.G. F. No person, partnership, company or corporation thatinstalls telephonic, computerized, or electronic message equipmentshall be required to monitor the use of such equipment for possible

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