Oklahoma § 57-593 - Persons to whom act applies - Crimes to be registered

§ 57-593. Persons to whom act applies - Crimes to be registered

under act - Judge's determination.

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,

Oklahoma Statutes - Title 57. Prisons and Reformatories

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. Any crime or attempt to commit a crime constituting a

substantially similar offense as stated in paragraphs 1 through 7 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:

Oklahoma Statutes - Title 57. Prisons and Reformatories

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.

Added by Laws 2004, c. 358, § 3, eff. Nov. 1, 2004. Amended by Laws

2008, c. 162, § 3, eff. July 1, 2008; Laws 2009, c. 234, § 149,

emerg. eff. May 21, 2009.