STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 502	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to the Mary Rippy Violent Crime Offenders Registration Act; amending Section 3, Chapter 358, O.S.L. 2004, as last amended by Section 149, Chapter 234, O.S.L. 2009 (57 O.S. Supp. 2010, Section 593), which relates to persons to whom the act applies; adding certain crime to list that require registration; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 3, Chapter 358, O.S.L. 2004, as last amended by Section 149, Chapter 234, O.S.L. 2009 (57 O.S. Supp. 2010, Section 593), is amended to read as follows:
Section 593.  A.  On and after November 1, 2004, the provisions of the Mary Rippy Violent Crime Offenders Registration Act shall apply to:
1.  Any person residing, working or attending school in this state who is subsequently convicted of, or who receives a deferred judgment or suspended sentence for, any crime or attempted crime enumerated in subsection B of this section by any court in this state, another state, the United States, a tribal court, or a military court; or
2.  Any person who subsequently enters this state for purposes of residence, work or to attend school and who has been previously convicted of or is subject to a deferred judgment, suspended sentence, probation or parole from any court of another state, the United States, a tribal court, or a military court for any crime or attempted crime which, if committed or attempted in this state, would be a crime substantially similar to any crime enumerated in subsection B of this section.
For purposes of this act, “convicted of” means an adjudication of guilt by a court of competent jurisdiction whether upon a verdict or plea of guilty or nolo contendere.
B.  The following crimes and attempts to commit such crimes shall be registered under the Mary Rippy Violent Crime Offenders Registration Act:
1.  First degree murder as provided for in Section 701.7 of Title 21 of the Oklahoma Statutes;
2.  Second degree murder as provided for in Section 701.8 of Title 21 of the Oklahoma Statutes;
3.  Manslaughter in the first degree as defined by Section 711 of Title 21 of the Oklahoma Statutes;
4.  Shooting or discharging a firearm with intent to kill, use of a vehicle to facilitate the intentional discharge of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of Title 21 of the Oklahoma Statutes;
5.  Assault with intent to kill as provided for in Section 653 of Title 21 of the Oklahoma Statutes;
6.  Bombing as provided for in Section 1767.1 of Title 21 of the Oklahoma Statutes;
7.  Abuse as specifically provided in subsection D of this section; ~~and~~
8.  Domestic abuse as provided for in Section 60.1 of Title 22 of the Oklahoma statutes; and
9.  Any crime or attempt to commit a crime constituting a substantially similar offense as stated in paragraphs 1 through ~~7~~ 8 of this subsection adjudicated by any court of another state, the United States, a tribal court, or a military court.
C.  The registration requirements of the Mary Rippy Violent Crime Offenders Registration Act shall not apply to any person while the person is incarcerated in a maximum or medium correctional institution of the Department of Corrections, a private correctional institution, or another state, federal, tribal or military facility, but shall apply to deferred, suspended, probation, parole and discharges.
D.  1.  For purposes of the Mary Rippy Violent Crime Offenders Registration Act, the requirement to register for a crime of abuse shall be determined by the judge at the time of sentencing or upon granting the defendant a deferred judgment.  The judge shall determine whether the crime for which the defendant is convicted or pleads guilty or nolo contendere under any provision of Section 843.5 of Title 21 of the Oklahoma Statutes or Section 843.1, 843.2, 852 or 852.1 of Title 21 of the Oklahoma Statutes resulted in:
a.	physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish to the victim, or
b.	deprivation of nutrition, clothing, shelter, health care, or other care or services which caused serious physical or mental injury to the victim,
and whether the facts or nature of the offense warrant registration for public disclosure and protection of victims.
2.  Not every offense enumerated in paragraph 1 of this subsection shall require automatic registration under the Mary Rippy Violent Crime Offenders Registration Act, and no other offenses shall be authorized for consideration for registration as a crime of abuse.  The judge shall not order any defendant to register under the Mary Rippy Violent Crime Offenders Registration Act if the defendant is required to register pursuant to any provision of the Oklahoma Sex Offenders Registration Act for the same offense.
3.  Upon the judge determining the defendant should register pursuant to the Mary Rippy Violent Crime Offenders Registration Act for a crime of abuse as authorized in this subsection, the defendant shall be ordered to register and to comply with all provisions of the Mary Rippy Violent Crime Offenders Registration Act, including, but not limited to, the statutory term of registration.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-1148	MD	1/19/2011 9:47:17 AM