ENGROSSED HOUSE
BILL NO. 2616	By:	Martin (Steve) of the House

				and

		Allen of the Senate

An Act relating to crimes and punishments; amending 21 O.S. 2011, Sections 1402 and 1403, which relate to arson; modifying scope of certain prohibited act; providing gender-neutral language; updating language; making certain acts unlawful; providing penalties; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1402, is amended to read as follows:
Section 1402.  A.  Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance or while manufacturing or attempting to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any uninhabited or unoccupied building or structure or contents thereof, whether the property of himself that person or another, shall be guilty of arson in the second degree, which is a felony, and upon conviction thereof shall be punished by a fine not to exceed Twenty Thousand Dollars ($20,000.00) or be confined by imprisonment in the State Penitentiary custody of the Department of Corrections for not more than twenty-five (25) years, or by both such fine and imprisonment.
B.  Any person who, while manufacturing, attempting to manufacture or endeavoring to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any uninhabited or unoccupied building or contents thereof, whether the property of that person or another, shall be guilty of arson in the second degree, which is a felony, and upon conviction shall be punished by a fine not to exceed Twenty Thousand Dollars ($20,000.00) or by imprisonment in the custody of the Department of Corrections for not more than twenty-five (25) years, or by both such fine and imprisonment.
SECTION 2.     AMENDATORY     21 O.S. 2011, Section 1403, is amended to read as follows:
Section 1403.  A.  Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning of any property whatsoever, including automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property not herein specifically named, such property being worth not less than Fifty Dollars ($50.00), whether the property of himself that person or another, shall be guilty of arson in the third degree, and upon conviction thereof shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or be confined by imprisonment in the State Penitentiary custody of the Department of Corrections for not more than fifteen (15) years, or by both such fine and imprisonment.
B.  Any person who willfully and maliciously, and with intent to injure or defraud the insurer, sets fire to or burns or by use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels, or procures the burning or destruction of any building, property, or other chattels, whether the property of himself that person or another, which shall at the time be insured against loss or damage by fire or explosion, shall be guilty of arson in the third degree, and upon conviction thereof shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or be confined by imprisonment in the State Penitentiary custody of the Department of Corrections for not more than fifteen (15) years, or by both such fine and imprisonment.
C.  Any person who, while manufacturing, attempting to manufacture or endeavoring to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning of any property whatsoever, including automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property not herein specifically named, such property being worth not less than Fifty Dollars ($50.00), whether the property of that person or another, shall be guilty of arson in the third degree, and upon conviction shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or by imprisonment in the custody of the Department of Corrections for not more than fifteen (15) years, or by both such fine and imprisonment.
D.  Arson in the third degree is a felony.
SECTION 3.  This act shall become effective November 1, 2014.
Passed the House of Representatives the 4th day of March, 2014.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the ___ day of __________, 2014.

	
	Presiding Officer of the Senate