STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 3016	By:	Roberts (Sean)

AS INTRODUCED

An Act relating to prisons and reformatories; amending 57 O.S. 2011, Section 583, as amended by Section 1, Chapter 190, O.S.L. 2013 (57 O.S. Supp. 2013, Section 583), which relates to the Sex Offenders Registration Act; modifying certain registration requirement; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     57 O.S. 2011, Section 583, as amended by Section 1, Chapter 190, O.S.L. 2013 (57 O.S. Supp. 2013, Section 583), is amended to read as follows:
Section 583.  A.  Any person who becomes subject to the provisions of the Sex Offenders Registration Act on or after November 1, 1989, shall register, in person, as follows:
1.  With the Department of Corrections within three (3) business days of being convicted or receiving a suspended sentence or any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, if the person is not incarcerated, or not less than three (3) business days prior to the release of the person from a correctional institution, except as provided in subsection B of this section;
2.  With the local law enforcement authority having jurisdiction in the area where the person resides or intends to reside for seven (7) consecutive days or longer, calculated beginning with the first day.  The registration is required within three (3) days after entering the jurisdiction of the law enforcement authority; and
3.  With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student.
For purposes of this section, "local law enforcement authority" means:
a.	the municipal police department, if the person resides or intends to reside or stay within the jurisdiction of any municipality of this state, or
b.	the county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state, and
c.	the police or security department of any institution of higher learning within this state if the person:
(1)	enrolls as a full-time or part-time student,
(2)	is a full-time or part-time employee at an institution of higher learning, or
(3)	resides or intends to reside or stay on any property owned or controlled by the institution of higher learning.
B.  Any person who has been convicted of an offense or received a deferred judgment for an offense in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of this title and who enters this state on or after November 1, 1989, shall register, in person, as follows:
1.  With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) consecutive days or longer, calculated beginning with the first day, has any type of full-time or part-time employment, with or without compensation for more than five (5) cumulative days in any sixty-day period, or is enrolled as a full-time or part-time student within this state.  Such registration is required within two (2) days after entering the state;
2.  With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay for five (5) consecutive days or longer, calculated beginning with the first day, has any type of full-time or part-time employment, with or without compensation for more than five (5) cumulative days in any sixty-day period, or is enrolled as a full-time or part-time student within this state.  The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority; and
3.  With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student.
Upon registering a person who has been convicted of an offense or received a deferred judgment for an offense in another jurisdiction, which offense, if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of this title, the local law enforcement authority shall forward the registration information to the sex offender level assignment committee of the Department of Corrections.
C.  When a person has been convicted or received probation within the State of Oklahoma, the person shall be required to register with the Department of Corrections as follows:
1.  For a total period of fifteen (15) years, if the level assignment of the person is one;
2.  For a total period of twenty-five (25) years, if the level assignment of the person is two; and
3.  For life, if the level assignment of the person is three or the person is classified as a habitual or aggravated sex offender.
The registration period shall begin from the date of the completion of the sentence, and shall not conclude until the offender has been in compliance for the total amount of time required by this act.  For level one and level two offenders, if the offender ceases to properly register during the fifteen-year or twenty-five-year periods, the Department of Corrections shall retain the name of the offender on the registry until the offender has fully complied with the requirements of this act for the total period of time required.  The Department of Corrections shall maintain records necessary to determine whether the offender has registered for the total period of time required.  The information received pursuant to the registration with the Department of Corrections required by this section shall be maintained by the Department of Corrections for at least ten (10) years from the date that the offender completed the obligations under this act.
D.  When a person has been convicted or received probation within the State of Oklahoma, the person shall be required to register with the local law enforcement authority as follows:
1.  For a total period of fifteen (15) years, if the level of the person is one;
2.  For a total period of twenty-five (25) years, if the level of the person is two; and
3.  For life, if the level of the person is three or the person has been classified as a habitual or aggravated sex offender.
The registration period shall begin from the date of completion of the sentence and shall not conclude until the offender has been in compliance for the total amount of time required by this act.  The information received pursuant to the registration with the local law enforcement authority required by this section shall be maintained by such authority for at least ten (10) years from the date that the offender completed the obligations under this act.
E.  Any person assigned a level of one who has been registered for a period of ten (10) years and who has not been arrested or convicted for any felony or misdemeanor offense since being released from confinement, may petition the district court in the jurisdiction where the person resides for the purpose of removing the level designation and allowing the person to no longer be subject to the registration requirements of the Sex Offenders Registration Act.
F.  When registering an offender as provided in this section the Department of Corrections or the local law enforcement agency having jurisdiction shall:
1.  Inform the offender of the duty to register and obtain the information required for registration as described in this section;
2.  Inform the offender that if the offender changes address, the offender shall appear in person and give notice of the move and the new address to the Department of Corrections and to the local law enforcement authority in the location in which the offender previously resided no later than three (3) days before the offender establishes residence or is temporarily domiciled at the new address;
3.  Inform the offender that if the offender changes address to another state, the offender shall appear in person and give notice of the move and shall register the new address with the Department of Corrections and with a designated law enforcement agency in the new state not later than ten (10) days before the offender establishes residency or is temporarily domiciled in the new state, if the new state has a registration requirement;
4.  Inform the offender that if the offender participates in any full-time employment, with or without compensation, and changes or terminates such employment, the offender shall appear in person and give notice of the change or termination of employment to the Department of Corrections and to the local law enforcement authority in the location where the offender was employed within three (3) days of such change or termination of employment;
5.  Inform the offender that if the offender participates in any full-time or part-time employment, in another state, with or without compensation for more than fourteen (14) cumulative days in any sixty-day period or an aggregate period exceeding thirty (30) days in a calendar year, then the offender has a duty to register as a sex offender in that state;
6.  Inform the offender that if the offender enrolls in any type of school in another state as a full-time or part-time student then the offender has a duty to register as a sex offender in that state;
7.  Inform the offender that if the offender enrolls in any school within this state as a full-time or part-time student, then the offender has a duty to register as a sex offender with the Department of Corrections and the local law enforcement authority;
8.  Inform the offender that if the offender participates in any full-time or part-time employment at any school, with or without compensation, or participates in any vocational course or occupation at any school in this state, then the offender has a duty to appear in person and notify the Department of Corrections and the local law enforcement authority of such employment or participation at least three (3) days before commencing or upon terminating such employment or participation;
9.  Inform the offender that if the offender graduates, transfers, drops, terminates or otherwise changes enrollment or employment at any school in this state, then the offender shall appear in person and notify the Department of Corrections and the local law enforcement authority of such change in enrollment or employment within three (3) days of the change; and
10.  Require the offender to read and sign a form stating that the duty of the person to register under the Sex Offenders Registration Act has been explained.
G.  For the purpose of this section, the "date of the completion of the sentence" means the day an offender completes all incarceration, probation and parole pertaining to the sentence.
H.  Any person who resides in another state and who has been convicted of an offense or received a deferred judgment for an offense in this state, or in another jurisdiction, which offense if committed or attempted in this state would have been punishable as one or more of the offenses listed in Section 582 of this title, and who is the spouse of a person living in this state shall be registered as follows:
1.  With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) consecutive days or longer, calculated beginning with the first day or an aggregate period of five (5) days or longer in a calendar year.  Such registration is required within two (2) days after entering the state; and
2.  With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay within this state for two (2) consecutive days or longer, calculated beginning with the first day.  The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority.
I.  The duty to register as a sex offender in this state shall not be prevented if, at the time of registration, it is determined that the person owns or leases a residence that is located within a restricted area provided for in Section 590 of this title.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-9725	GRS	01/12/14