STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 2172	By:	Eason McIntyre

AS INTRODUCED

An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 850, which relates to malicious intimidation or harassment; expanding scope of crime; providing time frame for certain prosecutions; modifying penalty; stating intent of applicability; defining terms; 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, 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 perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity 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.
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 perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity 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 perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material.
D.  Prosecutions for criminal violations of this section shall be commenced within sixty (60) days after the commission of such offense.
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 of Corrections for not less than one (1) year nor more than five (5) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and incarceration.  Any person convicted of a second or subsequent offense.  The violation of any provision of subsection A, B or C of this section shall be punished by incarceration in the custody of the Department of Corrections for not less than five (5) years nor more than ten (10) years, or by a fine for a felony violation of this section shall not exceed more than Ten Thousand Dollars ($10,000.00), or by both such fine and incarceration.  Any person convicted of a third or subsequent violation of any provision of subsection A, B, or C of this section shall be punished by incarceration in the custody of the Department of Corrections for not less than twenty (20) years nor more than life, or by fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and incarceration.  Furthermore, said person shall be civilly liable for any damages resulting from any violation of this section.
E.  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.
F.  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.  The report shall contain the number and nature of the 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.  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.
H.  Nothing in this act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration.
I.  For purposes of this section:
1.  “Sexual orientation” means an individual’s actual or perceived male or female heterosexuality, homosexuality, or bisexuality, whether by orientation or practice.  Sexual orientation does not include the physical or sexual attraction to a minor by an adult; and
2.  “Gender identity” means an individual’s actual or perceived gender identity, appearance, mannerisms, gender expression, or behaviors differing from that traditionally associated with the individual’s assigned sex at birth.
SECTION 2.  This act shall become effective November 1, 2010.

52-2-2581	MD	1/14/2010 4:26:15 PM