1. i
JAN 27 2016
tJKLAH~MA SECRETARY
C"~F STATE
State(~uestic~n Into.~U ,]T~iti~tive Petition No.
WAKNING
IT IS A FELONY Ft7R ANYONE.TO SIGN AfY INITIATIVE OIt ItfFtRI~IVDUM PF,"I'CTIQN WITH ANY
NAME O'fMFR THA~i HIS OWN,OIt KNC)WINGLY Td S1GN HIS NAMI: MQ~RE THAN ONCE FnR
'THE MP;A5LIRE,nR TO SIGN THE PETI'TIC1N'WIII~N HF IS NOT A LECAL VOTER.
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iNITIATItiE PET'IT101'+I
T~ ttie H~no~~able Mary i'allir~, C3ovcrrlor ofC~klah~~na:
We, the undersigncc~ legal ~~c7tcrs ~~~ the State oE~ Oklal~oina, respectfully order that the
~followin~ ~~ropc~scd law s~~~.311 be~ sub~~nittcd to t17e legal ~~oters of~hc State oft)klahama for their
approval or rejectic~~1 at the regular general election,to be Held can the 8th day ofNovember.201b
(or ~t a s~~ecial election as may be called b;' the Uoveriaor), and each ter himself says: Ihay-e
personally si~~eci this pet~ific~n; ~[ ern ~3 le;~a1 v~~ter cif"tYic Mate ofOklahoma;my residence or post
office aT-e correctly ~~rittei~~ after my name.'I'h~ time for filing this petition expires ninety (90)
days frc~r~i n 7~~he questioz7 w~e l~erew~ith submit to our fellow voters is:
~o/~
Shall the i"ollowin~ bill be a~~~t~o~ve~c~?
An Acf r~lati,rag to criminal justice refort7~ for lo~u-1e~re1 offenses: stating factual
findings and intent fir the pct;a~~~endin~(i3 C .S.'011,Section 2 402,relating to
offenses izivolv~ing ec~utrollcd substances, amending 21 ~.5. 2011, Sections 1704,
1705, 1713, 1719.1., 172'x, 17~1. relating t~ la~•cerly; arnendi~~g 21 O.S. 201 1,
Sections 1451, 1503, 1521, 1541.1, 1541.2, a1~ld 1541.3, relating to ~~roperty
of~lenses inti~c~lvin~ etl~bezzlement ~r false pi°cterlses; amending 54 O.S. 2011,
Sectio~a 15'12, relating to pal~~nbrokcrs; aiilending 21 O.S. 2011, Sections 1577,
1.578, 1579, and I6~1. relating t~o offetlses invc~l~~in~ forgery or counterfeiting;
repealing 2L O.S. ?O1 ~1, Seccti~il 51.3, related to ~unishmer~ts for second and
subseque~~t Ut~fenses; providing f:c~r ticvcrability; ai~cl pr~~vidiiag an el:~ective date.
Bk;[`i~ F,NAC"i'f D ~3Y THE,PI(~PIJE OI'TNI:STATE OF OKLAHOMA:
SECTIt7I~i 1."The people ofthe state ofC~klaho~na fiuc~ the fact that(~~klahoma has the
second-l~ligllest overall inc~~rce~ratic7r~ rate in the c;qunti-y, arld the highest incarceration rate fc~r
women,is inconsistent with Oklahoma values,and drains resources away from investments that
can do i11or~ to promote public safe~t~y. 7~he~•efore,the pea~le intend,in enacting this initiative
mcasu~re,to impteia~ent criminaljustice reforms that:(I)stop ~vasfiing taxpayer money k~epin~
pecaple who cornrlvi low-level offenses behind bars for ~~cars; and(~)saddle fewer people who
commit low-level offenses with fel~any cc7tl~~ietions that u{ill follt~~~~ them thrUugh life and pre~~ent
them from betting aix ediic~~tion or ajc>b.
SrCTION 2.'I~his act shall be known anc3 may be cited its the"Oklahr~ma Sm~3rt Justice
Rcforin Act."
SECTION 3. ~1MFNI~A'1'OR~` G3 C7,5. 2111,Section ~--~02,last a~ncnd~d by
Section 1~,C'~7apter 228,Q.S.I,. 2012(~63 n.S. Su p.?01~.Section 2-402),is amended to read
as follows:
Se~tic~r~ 2-402. A. 1. It shall be unlawful for any person kilc»~~ingly car intentionally to
possess a conti•ollec~ dangerous substance unless such substance u~as obtained directly, or
~t~rsuailt to a valid pr~scriptic~n Ur c~rc~er ~li-c~m a ~ractitioi7er, w~hilc acting in the a7ursc c~f~l~is ar
leer professic7nal practice,car except as otil~r~vise ~~~thorized by this act.
Z. It shall be unla~~fi~l tier any p~rs~n to purchase ~~xiy ~~rep~xation excepted train the
pro~~i5ic~ns ~~fthe ~Unifcn~n~ C~onti•olled D~~i~gerous Substances pct put-suant to Section 2-313 of

2. this title in an amount or within atime interval other than that permitted by Section 2-313 ofthis
title.
3. It shall be unlawful for any person or business to sell, market,advertise or label any
product containing ephedrine,its salts,optical isomers,or salts ofoptical isomers,for the
indication ofstimulation,mental alertness, weightloss,appetite control,muscle development,
energy or other indication which is notapproved by the pertinentfederal OTC Final Monograph,
Tentative Final Monograph,or FDA-approved new drug application or its legal equivalent. In
determining compliance with this requirement,the following factors shall be considered:
a. the packaging ofthe product,
b. the name ofthe product,and
c. the distribution and promotion ofthe product,including verbal
representations made at the point ofsale.
B. Any person who violates this section is guilty ofa misdemeanor punishable by
confinementfor not more than one(1)year and by a fine not exceeding One Thousand Dollars
($1,000.00).
C. Any person convicted ofany offense described in this section shall,in addition to any
fine imposed,pay a special assessmenttrauma-care fee ofOne Hundred Dollars($100.00)to be
deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 ofthis
title.
SECTION 4. AMENDATORY 21 O.S.2011,Section 1704 is amended to read as
follows:
Section 1704.Grand larceny is larceny committed in either ofthe following cases:
1. When the property taken is ofvalue exceeding One Thousand Dollars($1,000.00).
2. When such property,although not ofvalue exceeding One Thousand Dollars
($1,000.00),is takenfrom the person ofanother.
Larceny in other cases is petit larceny.
SECTION 5. AMENDATORY 21 O.S.2011,Section 1705 is amended to read as
follows:
Section 1705. Grand larceny is afelony punishable by imprisonmentin the State
Penitentiary not exceeding five(5)years ifthe value ofthe property is One Thousand Dollars
($1,000.00)or more and ifthe value ofthe property is less than One Thousand Dollaxs
($1,000.00)punishable by incarceration in the countyjail for not more than one(1)year or by
incarceration in the countyjail one or more nights or weekends pursuantto Section 991a-2 of
Title 22ofthe Oklahoma Statutes,atthe option ofthe court,and shall be subjectto afine ofnot
more than Five Thousand Dollars($5,000.00)and ordered to provide restitution to the victim as
provided in Section 991a ofTitle 22ofthe Oklahoma Statutes.
SECTION 6. AMENDATORY 21 O.S.2011,Section 1713 is amended to read as
follows:
Section 1713.A. Every person who buysor receives,in any manner,upon any
consideration,any personal property ofany value whatsoever that has been stolen,embezzled,
obtained by false pretense or robbery,knowing or having reasonable cause to believe the same to
have been stolen,embezzled,obtained by false pretense,or robbery,or who conceals,withholds,
or aids in concealing or withholding such propertyfrom the owner,shall,ifthe value ofthe
property is One Thousand Dollars($1,000.00)or more be guilty ofafelony punishable by
imprisonmentin the State Penitentiary notto exceed five(5)years,or in the countyjail notto
exceed one(1)year,or by afine notto exceed Five Hundred Dollaxs($500.00)or by both such
fine and imprisonment.Ifthe value ofthe property received is less than One Thousand Dollars
($1,000.00),the person shall be guilty ofa misdemeanor and shall be punished by afine ofnot
more than Five Hundred Dollars($500.00)or by imprisonment in the countyjail for aterm not
to exceed six(6)months,or by both such fine and imprisonment.
B. Every person who,without making reasonable inquiry,buys,receives,conceals,
withholds,or aids in concealing or withholding any property which has been stolen,embezzled,
obtained by false pretense or robbery,or otherwise feloniously obtained,under such
circumstances as should cause such person to make reasonable inquiry to ascertain thatthe
personfrom whom such property was bought or received had the legal rightto sell or deliver it
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3. shall be presumed to have boughtor received such property knowing it to have been so stolen or
wrongfully obtained. This presumption may,however,be rebutted by proof.
SECTION 7. AMENDATORY 21 O.S.2011,Section 1719.1 is amended to read as
follows:
Section 1719.1. A.For the purpose ofthis section:
1."Domesticated fish or game"means all birds,mammals,fish and other aquatic forms
and all other animals,regardless ofclassifications, whether resident,migratory or imported,
protected or unprotected,dead or alive,and shall extend to and include every part ofany
individual species when such domesticated fish or game are notin the wild and are in the
possession ofa person currently licensed to possess such fish or game;and
2."Taking"means the pursuing,killing,capturing,trapping,snaring and netting of
domesticated fish or game or placing,setting,drawing or using any net,trap or other device for
taking domesticated fish or game and includes specifically every attemptto take such
domesticated fish or game.
B.Any domesticated fish or game shall be considered the personal property ofthe owner.
C.Any person who shall take any domesticated fish or game,with the intentto deprive
the owner ofsaid fish or game,and any person purchasing or receiving such domesticated fish or
game knowing them to have been stolen,shall:
1. Upon conviction,ifthe current market value ofsaid domesticated fish or game is less
than One Thousand Dollars($1,000.00),be guilty ofa misdemeanor and shall be punished by a
fine ofnot more than Five Hundred Dollaxs($500.00)or by imprisonment in the countyjail for a
term notto exceed sixty(60)days,or by both suchfine and imprisonment;or
2. Upon conviction,ifthe current market value ofsaid domesticated fish or game is One
Thousand Dollars($1,000.00)or more,be guilty ofafelony and shall be punished by afine of
notless than One Thousand Dollars($1,000.00)nor more than Five Thousand Dollars
($5,000.00),or by imprisonmentin the State Penitentiary for a term ofnot more than five(5)
years,or by both such fine and imprisorunent.
SECTION 8. AMENDATORY 21 O.S.2011,Section 1722is amended to read as
follows:
Section 1722. Any person who shall unlawfully take any crude oil or gasoline,or any
productthereof,from any pipe,pipeline,tank,tank car,or other receptacle or container and any
person who shall unlawfully take or cause to be taken any machinery,drilling mud,equipment or
other materials necessary for the drilling or production ofoil or gas wells, with intent to deprive
the owner or lessee thereofofsaid crude oil,gas,gasoline,or any productthereof,machinery,
drilling inud,equipment or other materials necessary for the drilling or production ofoil or gas
wells shall:
1.Be guilty ofa misdemeanor ifthe value ofsaid product so taken is less than One
Thousand Dollars($1,000.00),and upon conviction thereof,shall be punished by afine ofnot
more than Five Hundred Dollars($500.00),or by imprisonmentin the countyjail for aterm not
to exceed sixty(60)days,or by both such fine and imprisonment;
2.Be guilty ofa felony ifthe value ofsuch productso taken is One Thousand Dollars
($1,000.00)or more and upon conviction thereof,shall be punished by forfeiture ofthe
instrumentality ofthe crime and by afine ofnotless than One Hundred Dollars($100.00),and
not more than Fifty Thousand Dollars($50,000.00),or by imprisonment in the State Penitentiary
for aterm in the range ofone(1)year to ten(10)years,or by both such fine and imprisonment.
SECTION 9. AMENDATORY 21 O.S.2011,Section 1731 is amended to read as
follows:
Section 1731.Larceny ofmerchandise held for sale in retail or wholesale establishments
shall be punishable as follows:
1. For the first or second conviction,in the eventthe value ofthe goods,edible meat or
other corporeal property which has been taken is less than One Thousand Dollars($1,000.00),
the violator shall be punishable by imprisonmentin the countyjail for aterm notexceeding thirty
(30)days,and by afine notless than Ten Dollars($10.00)nor more than Five Hundred Dollars
($500.00);provided for the first or second conviction,in the event more than one item ofgoods,
edible meat or other corporeal property has been taken,punishmentshall be by imprisonmentin
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4. the countyjail for aterm notto exceed thirty(30)days,and by afine notless than Fifty Dollars
($50.00)nor more than Five Hundred Dollars($500.00).
2.Ifit be shown,in the trial ofa case in which the value ofthe goods,edible meat or
other corporeal property is less than One Thousand'Dollars($1,000.00),that the defendant has
been two or more times before convicted ofthe same offense,the defendant shall,on a third or
subsequent conviction,be punished by confinementin the countyjail for aterm ofnot more than
one(1)year,and by afine not exceeding One Thousand Dollars($1,000.00).
3.In the eventthe value ofthe goods,edible meat or other corporeal property is One
Thousand Dollars($1,000.00)or more,punishment shall be imprisonmentin the State
Penitentiary for aterm ofnot more than five(5)years.
SECTION 10. AMENDATORY 21 O.S.2011,Section 1451,last amended by
Section 1,Chapter 235,O.S.L.2012(21 O.S.Supp.2012.Section 1451),is amended to read as
follows:
Section 1451.A.Embezzlementis the fraudulent appropriation ofproperty ofany person
or legal entity,legally obtained,to any use or purpose notintended or authorized by its owner,or
the secretion ofthe property with the fraudulent intent to appropriate itto such use or purpose,
under any ofthe following circumstances:
1. Where the property was obtained by being entrusted to that person for a specific
purpose,use,or disposition and shall include,but not be limited to,any funds"held in trust"for
any purpose;
2. Where the property was obtained by virtue ofa power ofattorney being granted for the
sale or transfer ofthe property;
3. Where the property is possessed or controlled for the use ofanother person;
4. Where the property is to be used for a public or benevolent purpose;
5. Where any person diverts any money appropriated by law from the purpose and object
ofthe appropriation;
6. Where any person fails or refuses to pay over to the state,or appropriate authority,any
tax or other monies collected in accordance with state law,and who appropriates the tax or
monies to the use ofthat person,or to the use ofany other person not entitled to the tax or
monies;
7. Where the property is possessed for the purpose oftransportation, without regard to
whether packages containing the property have been broken;
8. Where any person removes cropsfrom any leased or rented premises with the intent to
deprive the owner or landlord interested in the land ofany ofthe rent due from thatland,or who
fraudulently appropriates the rent to that person or any other person;or
9. Where the property is possessed or controlled by virtue ofa lease or rental agreement,
and the property is willfully or intentionally notreturned within ten(10)days after the expiration
ofthe agreement.
Embezzlementdoes notrequire a distinct act oftaking,but only afraudulent
appropriation,conversion or use ofproperty.
B.Except as provided in subsection C ofthis section,embezzlement shall be punished as
follows:
1.Ifthe value ofthe property embezzled is less than One Thousand Dollars($1,000.00),
any person convicted shall be punished by afine not exceeding One Thousand Dollars
($1,000.00),or by imprisonmentin the countyjail for aterm not more than one(1)year,or by
both such fine and imprisonment;
2.Ifthe value ofthe property embezzled is One Thousand Dollars($1,000.00)or more
butless than Twenty-five Thousand Dollars($25,000.00),any person convicted shall be guilty of
afelony and shall be punished by imprisonmentin the custody ofthe Department ofCorrections
for aterm ofnot more than five(5)years,and afine ofnotexceeding Five Thousand Dollars
($5,000.00),and ordered to pay restitution to the victim as provided in Section 991fofTitle 22
ofthe Oklahoma Statutes; or
3.Ifthe value ofthe property embezzled is Twenty-five Thousand Dollars($25,000.00)
or more,any person convicted shall be guilty ofafelony and shall be punished by imprisonment
in the custody ofthe Department ofCorrections for aterm ofnot more than ten(10)years,and a
fine not exceeding Ten Thousand Dollars($10,000,00),and ordered to pay restitution to the
victim as provided in Section 991fofTitle 22ofthe Oklahoma Statutes.
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5. For purposes ofthis subsection,a series ofoffenses may be aggregated into one offense
when they are the result ofthe formulation ofa plan or scheme or the setting up ofa mechanism
which,when putinto operation,results in the taking or diversion ofmoney or property on a
recurring basis. When all acts resultfrom a continuing course ofconduct,they may be
aggregated into one crime. Actsforming an integral part ofthe firsttaking which facilitate
subsequenttakings,or acts taken in preparation ofseveral takings which facilitate subsequent
takings,are relevant to determine the party's intent to commita continuing crime.
C.Any county or state officer,deputy or employee ofsuch officer, who shall divert any
money appropriated by law from the purpose and object ofthe appropriation,shall,upon
conviction,be guilty ofa felony punishable by imprisonmentin the custody ofthe Department of
Corrections for aterm notless than one(1)year nor more than ten(10)years,and afine equalto
triple the amount ofmoney so embezzled and ordered to pay restitution to the victim as provided
in Section 991fofTitle 22ofthe Oklahoma Statutes. The fine shall operate as ajudgmentlien at
law on all estate ofthe party so convicted and sentenced,and shall be enforced by execution or
other process for the use ofthe person whose money or otherfunds or property were embezzled.
In all cases the fine,so operating as ajudgmentlien,shall be released or entered as satisfied only
by the person in interest.
D.Any executor,administrator,trustee,beneficiary or other person benefiting from,
acting in afiduciary capacity for,or otherwise administering a probate,intestate,or trust estate,
whether the trust is inter vivos or testamentary,upon conviction ofembezzlementfrom the estate
shall notreceive any portion,share,gift or otherwise benefitfrom the estate.
SECTION 11. AMENDATORY 21 O.S.2011,Section 1503 is amended to read as
follows:
Section 1503.Any person who shall obtain food,lodging,services or other
accommodations at any hotel,inn,restaurant,boarding house,rooming house,motel or auto
camp,with intent to defraud the owner or keeper thereof,ifthe value ofsuch food,lodging,
services or other accommodations is less than One Thousand Dollars($1,000.00),shall be guilty
ofa misdemeanor and upon conviction thereofsha11 be fined not exceeding Five Hundred
Dollars($500.00),or be imprisoned in the countyjail not exceeding three(3)months,or
punished by both such fine and imprisonment,and ifthe value ofsuch food,lodging,services or
accommodations is valued at One Thousand Dollars($1,000.00)or more,any person convicted
hereunder shall be deemed guilty ofafelony and shall be punished by imprisonmentin the State
Penitentiary for aterm not exceeding five(5)years. Any person who shall obtain shelter,
lodging,or any other services at any apartment house,apartment,rental unit,rental house,or
trailer camp,with intent to defraud the owner or keeper thereof,shall be guilty ofa misdemeanor
and upon conviction thereofshall be fined not exceeding One Hundred Dollars($100.00),or be
imprisoned in the countyjail not exceeding three(3)months,or be punished by both fine and
imprisonment.Proofthatsuch lodging,food,services or other accommodations were obtained
by false pretense or by false or fictitious show or pretense ofany baggage or other property,or
that he gave a check on which payment was refused,or that he left the hotel,inn,restaurant,
boarding house,rooming house,motel,apartment house,apartment,rental unit or rental house,
trailer camp or auto camp,without payment or offering to pay for such food,lodging,services or
other accommodation,or that he surreptitiously removed or attempted to remove his baggage,or
that he registered under a fictitious name,shall be primafacie proofofthe intent to defraud
mentioned in this section;butthis section shall not apply where there has been an agreementin
writing for delay in payment.
SECTION 12. AMENDATORY 21 O.S.2011,Section 1521 is amended to read as
follows:
Section 1521.Every person who shall lease or rent,for any period oftime whatsoever,
any motor vehicle and,with intent to cheat and defraud,who pays the fees for such lease or
rental by means ofafalse,bogus or worthless check written for the sum ofless than One
Thousand Dollars($1,000.00)shall be guilty ofa misdemeanor and upon conviction thereof
shall be punished by afine notto exceed Five Hundred Dollars($500.00)or by imprisonmentin
the countyjail for not more than six(6)months,or both such fine and imprisonment.Ifthe value
ofthe worthless check is One Thousand Dollars($1,000.00)or more,any person convicted
hereunder shall be deemed guilty ofa felony and shall be punished by imprisonmentin the State
5

6. Penitentiary for aterm not exceeding seven(7)years or by a fine notto exceed Five Hundred
Dollars($500.00),or both such fine and imprisonment.
SECTION 13. AMENDATORY 21 O.S.2011,Section 1541.1 is amended to read as
follows:
Section 1541.1.Every person who,with intentto cheat and defraud,shall obtain or
attemptto obtain from any person,firm or corporation any money,property or valuable thing,of
a value lessthan One Thousand Dollars($1,000.00),by means or by use ofany trick or
deception,or false orfraudulent representation or statement or pretense,or by any other means
or instruments or device commonly called the"confidence game",or by means or use ofany
false or bogus checks,or by any other written or printed or engraved instrument or spurious coin,
shall be guilty ofa misdemeanor and upon conviction thereofshall be punished by afine notto
exceed One Thousand Dollars($1,000.00),or by imprisorunent in the countyjail for not more
than one(1)year,or by both such fine and imprisonment.
SECTION 14. AMENDATORY 21 O.S.2011,Section 1541.2 is amended to read as
follows:
Section 1541.2.Ifthe value ofthe money,property or valuable thing referred to
in Section 1541.1 ofthis title is One Thousand Dollars($1,000.00)or more,any person
convicted hereunder shall be deemed guilty ofa felony and shall be punished by imprisonmentin
the State Penitentiary for aterm not more than ten(10)years,or by afine notto exceed Five
Thousand Dollars($5,000.00),or by both such fine and imprisonment.
SECTION 15. AMENDATORY 21 O.S.2011,Section 1541.3 is amended to read as
follows:
Section 1541.3.Any person making,drawing,uttering or delivering two or more false or
bogus checks,drafts or orders,as defined by Section 1541.4 ofthis title,the total sum ofwhich is
One Thousand Dollars($1,000.00)or more,even though each separate instrumentis written for
less than One Thousand Dollars($1,000.00),all in pursuance ofa common scheme or planto
cheat and defraud,shall be deemed guilty ofafelony and shall be punished by imprisonmentin
the State Penitentiary for a term not more than ten(10)years,or by afine notto exceed Five
Thousand Dollars($5,000.00),or by both such fine and imprisonment.
SECTION 16. AMENDATORY 59 O.S.2011,Section 1512is amended to read as
follows:
Section 1512. A.Rule Making Power.The Administrator shall have the same authority
to adopt,amend and repeal rules as is conferred upon him by paragraph(e)ofsubsection(1),and
subsections(2)and(3)ofSection 6-104 ofTitle 14A ofthe Oklahoma Statutes,as applicable,
and such rules shall have the same effect as provided in subsection(4)ofSection 6-104
thereunder.In addition,the Administrator may adopt,amend and repeal such other rules as are
necessary for the enforcement ofthe provisions ofSection 1501 et seq. ofthis title and consistent
with all its provisions.
B.Administrative Enforcement.Compliance with the provisions ofthis act may be
enforced bythe Administrator who may exercise,for such purpose,all the powers enumerated in
Part 1 ofArticle 6,Title 14A ofthe Oklahoma Statutes, in the same manner as in relation to
consumer credit transactions under that act,as well as those powers conferred in this act.
C.Criminal Penalties. 1. Any person who engages in the business ofoperating a pawn
shop withoutfirst securing the license prescribed by this act shall be guilty ofa misdemeanor and
upon conviction thereofshall be punished by afine notin excess ofOne Thousand Dollars
($1,000.00),by confinementin the countyjail for not more than six(6)months or by both.
2.Any person selling or pledging property to a pawnbroker who uses.false or altered
identification or afalse declaration ofownership as related to the provisions ofSection 1515 of
this title shall,ifthe value ofthe property is One Thousand Dollars($1,000.00)or more,be
guilty ofafelony,and upon conviction shall be punished by imprisonmentin the State
Penitentiary notto exceed five(5)years or in the countyjail notto exceed one(1)year,or by a
fine notto exceed Five Hundred Dollars($500.00),or by both such imprisonment and fine.
However,ifthe property was acquired by means ofrobbery or burglary,the person shall be
punished by imprisonmentin the State Penitentiary notto exceed five(5)years or in the county
D

7. jail notto exceed one(1)year,or by a fine notto exceed Five Hundred Dollars($500.00),or by
both such imprisonment and fine,withoutregard to the value ofthe property.
3.Any person who fails to repay a pawnbroker the full amountreceived from a pawn or
buy transaction after being officially notified by a peace officer thatthe goods he pledged or sold
in that transaction were stolen or embezzled shall be guilty ofa misdemeanor and upon
conviction shall be punished by imprisonmentin the countyjail for aterm notto exceed six(6)
months,or afine not to exceed Five Hundred Dollars($500.00),or by both such fine and
imprisonment.
D.Private Enforcement. 1.Ifany person engages in the business ofoperating a pawnshop
withoutfirst securing the license prescribed by this act,or ifany pawnbroker contracts for,
charges or receives a pawn finance charge in excess ofthat authorized by this act,the pawn
transaction shall be void and the customer is not obligated to pay either the amountfinanced or
the pawn finance charge in connection with the transaction,and upon the customer's demand,the
pawnbroker shall be obligated to return to the customer,as a refund,all amounts paid in
connection with the transaction by the customer and the pledged goods delivered to the
pawnbroker in connection with the pawn transaction or their value ifthe goods cannot be
returned.Ifa customer is entitled to a refund under this section and a pawnbroker liable to the
customer refuses to make the refund within areasonable time after demand,the customer shall
have an action against the pawnbroker and in the case ofa successful action to enforce such
liability,the costs ofthe action together with attorney's fees as determined by the court shall be
awarded to the customer.
2. A pawnbroker who fails to disclose information to a customer entitled to the
information under this act is liable to that person in an amountequalto the sum of:
a.twice the amount ofthe pawn finance charge in connection with the transaction,or One
Hundred Dollars($100.00),whichever is greater;and
b.in the case ofa successful action to enforce the liability under paragraph 1 ofthis
subsection,the costs ofthe action together with reasonable attorneys'fees as determined by the
court.
SECTION 17. AMENDATORY 21 O.S.2011,Section 1577 is amended to read as
follows:
Section 1577.Every person who sells,exchanges or delivers for any consideration any
forged or counterfeited promissory note,check,bill,draft,or other evidence ofdebt,or
engagementfor the payment ofmoney absolutely,or upon any contingency,knowing the same
to be forged or counterfeited, with intent to have the same uttered or passed,or who offers any
such note or other instrumentfor sale,exchange or delivery for any consideration,with the like
knowledge and intent,or who receives any such note or other instrument upon a sale,exchange
or delivery for any consideration with the like knowledge and intent,is guilty offorgery in the
third degree.
SECTION 18. AMENDATORY 21 O.S.2011,Section 1578 is amended to read as
follows:
Section 1578.Every person who,with intentto defraud,has in his possession any forged,
altered or counterfeit negotiable note,bill, draft or other evidence ofdebtissued or purporting to
have been issued by any corporation or company duly authorized for that purpose by the laws of
this state or ofany other state,government or country,the forgery ofwhich is hereinbefore
declared to be punishable,knowing the same to be forged,altered or counterfeited,with intent to
utter the same as true or as false,or to cause the same to be so uttered,is guilty offorgery in the
third degree.
SECTION 19. AMENDATORY 21 O.S.2011,Section 1579is amended to read as
follows:
Section 1579.Every person who has in his possession any forged or counterfeited
instrument,the forgery ofwhich is hereinbefore declared to be punishable,other than such as are
enumerated in the last section,knowing the same t4 be forged,counterfeited or falsely altered
with intent to injure or defraud by uttering the same to be true,or as false,or by causing the same
to be uttered,is guilty offorgery in the third degree.

8. SECTION 20. AMENDATORY 21 O.S.2011,Section 1621 is amended to read as
follows:
Section 1621.Forgery is punishable asfollows:
1. Forgery in the first degree is afelony punishable by imprisonment notless than seven
(7)years nor more than twenty(20)years;and
2.Forgery in the second degree is afelony punishable by imprisonment not exceeding
seven(7)years.
3.Forgery in the third degree is:
a.Ifthe value ofthe forgery is less than One Thousand Dollars($1,000.00),a
misdemeanor punishable by confinementfor not more than one(1)year and by a fine not
exceeding One Thousand Dollars($1,000.00).
b.Ifthe value ofthe forgery is One Thousand Dollars($1,000.00)or more,afelony
punishable by imprisonmentnot exceeding seven(7)years.
c.Ifthe total or aggregate value ofthe forgery is Two Thousand Dollars($2,000.00)or
more,afelony punishable by imprisonment not exceeding seven(7)years.
SECTION 21.REPEALER 21 O.S.2011,Section 51.3 is hereby repealed.
SECTION 22.The provisions hereofare severable,and ifany part or provision hereof
shall be void,invalid,or unconstitutional,the decision ofthe court so holding sha11 not affect or
impair any ofthe remaining parts or provisions hereof,and the remaining provisions hereofshall
continue in full force and effect.
SECTION 23. This act shall become effective on July 1 immediately following its
passage.

9. FILED
JAN 27 2016
OKLAHOMA SECRETARY
OF STATE
State Question No.~,Initiative Petition No. ~T O
WARNING
IT IS A FELONY FOR ANYONE TO SIGN AN INITIATIVE OR REFERENDUM PETITION WITH AIYY
NAME OTHER THAN HIS OWN,OR KNOWINGLY TO SIGN HIS NAME MORE THAN ONCE FOR
THE MEASURE,OR TO SIGN THE PETITION WHEN HE IS NOT A LEGAL VOTER.
INITIATIVE PETITION
To the Honorable Mary Fallin,Governor ofOklahoma:
We, the undersigned legal voters of the State of Oklahoma, respectfully order that the
following proposed law shall be submitted to the legal voters ofthe State ofOklahoma for their
approval or rejection at the regular general election,to be held on the 8th day ofNovember,2016
(or at a special election as may be called by the Governor), and each for himself says: I have
personally signed this petition;I am a legal voter ofthe State ofOklahoma; my residence or post
office are correctly written after my name. The time for filing this petition expires ninety(90)
days from .The question we herewith submit to our fellow voters is:
ir~a,~ io,a~rco
Shall thefollowing bill be approved?
An Act relating to the County Community Safety Investment Fund;stating factual
findings and intent for Act;creating the County Community Safety Investment
Fund;providing for the budgeting and disbursement ofthe funds therein by the
Office ofManagementand Enterprise Services,to be used for county community
rehabilitative programming;permitting the promulgation ofrules for
implementation; directing the annual calculation ofsavings from the Oklahoma
Smart Justice Reform Act; providing for the appropriation and paymentofsuch
savings to the County Community Safety Investment Fund;specifying condition
under which the Act shall cease to have the force oflaw;providing effective date;
providing for severability.
BE IT ENACTED BY THEPEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. The people ofthe state ofOklahoma find the fact that Oklahoma has the
second-highest overall incarceration rate in the country,and the highest incarceration rate for
women,is inconsistent with Oklahoma values,and drains resources away from investments that
can do more to promote public safety. Therefore,the people intend,in enacting this initiative
measure,to implementcriminaljustice reforms thatfocus on treating the root causes ofcrime by
increasing funding for rehabilitation services like drug and mental health treatment,job training,
and education programs.
SECTION 2. NEW LAW Anew section oflaw to be codified in the Oklahoma
Statutes as Section 631 ofTitle 57,unless there is created a duplication in numbering,reads as
follows:
A.There is hereby created in the State Treasury a revolving fund to be designated the
"County Community Safety Investment Fund."The fund shall be a continuing fund,not subject
to fiscal year limitations,and shall consist ofall monies received pursuant to Section 633 ofTitle
57ofthe Oklahoma Statutes.
B. All monies appropriated and accruing to the credit ofthe fund shall be budgeted and
expended by the Office ofManagement and Enterprise Services for the sole purpose ofproviding
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10. funds to counties to provide community rehabilitative programming,including but notlimited to
mental health and substance abuse services.Funds shall be disbursed in proportion to county
population,as reported in the mostrecent census.
C.Expendituresfrom the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director ofthe Office ofManagement and
Enterprise Servicesfor approval and payment.
D.The Director ofthe Office ofManagement and Enterprise Services shall promulgate
rules necessazy to implementthe provisions ofthis act.
SECTION 3. NEW LAW Anew section oflaw to be codified in the Oklahoma
Statutes as Section 632 ofTitle 57,unless there is created a duplication in numbering,reads as
follows:
No later than July 31 ofthe year following the effective date ofthis Act,and no later than
July 31 every year thereafter,the Office ofManagement and Enterprise Services shall calculate
the savings and averted costs that accrued to the statefrom the implementation ofthe Oklahoma
Smart Justice Reform Act.In making the calculation required by this section,the Office of
Management and Enterprise Services shall use actual data or best available estimates where
actual data is not available. The calculation shall be final and shall not be adjusted for any
subsequent changes in the underlying data.
SECTION 4. NEW LAW Anew section oflaw to be codified in the Oklahoma
Statutes as Section 633 ofTitle 57,unless there is created a duplication in numbering,reads as
follows:
An amount equal to the savings calculated by the Office ofManagement and Enterprise
Services pursuantto Section 632ofTitle 57 sha11,subjectto appropriation by the Legislature,be
paid to the County Community Safety Investment Fund.
This section is intended to comply with,and is subject to,Article V,Section 55,Article
VI,Section 12,Article X,Section 23,and the other applicable provisions ofthe Oklahoma
Constitution.
SECTION 5.The provisions ofthis initiative shall not become effective ifthe Oklahoma
Smart Justice Reform Actis notapproved by the people ofthis State.
SECTION 6.This act shall become effective on July 1 immediately following its
passage.
SECTION 7.The provisions hereofare severable,and ifany part or provision hereof
shall be void,invalid,or unconstitutional,the decision ofthe court so holding shall not affect or
impair any ofthe remaining parts or provisions hereof,and the remaining provisions hereofshall
continue in full force and effect.
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