The law states that to “fortify an access point” means to willfully construct, install, position, use or hold any material or device designed to injure a person upon entry or to strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling, structure, building or other place to any extent beyond the security provided by a commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.I note this story is two months old and there's not a lot else from media sources, and don't see a bill number to look up. I went to Rep. Tibbs' website and didn't find anything about it under sponsored legislation, and just don't have time to chase this down further.
The law carries punishment of imprisonment of not more than five years or by a fine up to $10,000 or by both. [More]
Anybody know anything about it?
[Via Zachary G]
UPDATE:
M. Terry sends me this:
They might not have any "long-term fiscal considerations," but I'd sure be inclined to give anyone who supports this act of tyranny some other things to consider.HB1579 APPROVED BY GOV 5/22/2009 Prohibit fortifying door to delay law enforcement-Provide penalty-HB 1579 by Rep. Charles Joyner, states that it shall be unlawful for any person to use, construct, position or hold a device used to fortify any door or window which delays entry of law enforcement during the commission of a crime.BILL SUMMARY1st Session of the 52nd Legislature
Bill No.: HB 1579
Version: CCR
Author: Representative Joyner
Senator Barrington
Date: May 20, 2009
Impact: Minimal Increase in Prison Costs
Bill Summary
Research Analyst: Brad Wolgamott
Senate Amendment 1 to HB 1579 provides a definition for the phrase “fortify an access point”. Increases the punishment to a felony. Increases the term of imprisonment to 5 years. Increases the fine to $10,000.
In the Engrossed measure, punishment was established as a misdemeanor punishable by up to 1 year in county jail and or a $5,000 fine. Punishment could have risen to a felony if committed during the commission of another felony, punishable by up to 5 years imprisonment a $10,000 fine or both fine and imprisonment.
HB1579 makes it unlawful to reinforce or use any device to fortify a door or window of a building being used in the commission of a crime for the purpose of preventing entry or causing injury to law enforcement.
Fiscal Summary
Fiscal Analyst: Marilyn Anderson
The CCR for HB 1579 makes it a felony to fortify an access point to a building where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed for the purpose of preventing entry by law enforcement.
Fiscal Analysis
Persons convicted of this offense would be punished by up to five years imprisonment and/or a fine up to $10,000. Since this is a new law, there is no available data on its occurrence; however, the Criminal Justice Resource Center expects the increased cost to the Department of Corrections will be minimal.
Long Term Fiscal Considerations
None
Fiscal Analysis Reviewed By:
House Fiscal Director
I was able to find this:
and I also found this, so at least we know who the fascists in the state senate are (hint: it looks like all of them)
I'm sure there's gotta be an easier way to navigate OK's legislative websites--I just don't have time today to figure it out.
9 comments:
This appears to be the law in question:
http://webserver1.lsb.state.ok.us/os/os%5F21%2D540c.rtf
OS 21-540c
"§21-540C. Fortification of access point to place where felony under Controlled Dangerous Substances Act being committed or attempted."
[...]
"Added by Laws 2009, c. 405, § 1, eff. Nov. 1, 2009."
A rational person might think the title is part of the law, and thus just makes this an add-on to a drug offense. But as I've recently been reminded, titles mean nothing. And the law text is pretty general. It does state that it is in reference to preventing LE access, so you could try claiming that it's just extra burglar proofing.
I suspect it was "proposed" all right, but died a natural death. Anyone stupid enough to propose such a thing needs watching, of course.
Can someone in OK volunteer to watch this fool? I'm watching too many of them here already! :)
I'm in OKC, this is the first I've heard of it; needs some checking into
No, MamaL; what I quoted was the enacted law. It passed and went into effect 11/1/09. As is, if someone addeds a door chain or doorknob bracer bar, or just a door stop... 5 years and 10,000 devalued FRNs. If you have a good door, but the frame was cr@p so you beefed that up... 5yr/10k again. Noncommercial alarm like a homemade sprung bell --old-fashioned store-style... yep, you got it.
I just checked the 'bill tracker' section of the state website, and get no hits on that id. I'll have to write the man and ask about it.
Carl is right:
http://webserver1.lsb.state.ok.us/WebBillStatus/main.html
HB1579 APPROVED BY GOV 5/22/2009 Prohibit fortifying door to delay law enforcement-Provide penalty
-HB 1579 by Rep. Charles Joyner, states that it shall be unlawful for any person to use, construct, position or hold a device used to fortify any door or window which delays entry of law enforcement during the commission of a crime.
BILL SUMMARY
1st Session of the 52nd Legislature
Bill No.: HB 1579
Version: CCR
Author: Representative Joyner
Senator Barrington
Date: May 20, 2009
Impact: Minimal Increase in Prison Costs
Bill Summary
Research Analyst: Brad Wolgamott
Senate Amendment 1 to HB 1579 provides a definition for the phrase “fortify an access point”. Increases the punishment to a felony. Increases the term of imprisonment to 5 years. Increases the fine to $10,000.
In the Engrossed measure, punishment was established as a misdemeanor punishable by up to 1 year in county jail and or a $5,000 fine. Punishment could have risen to a felony if committed during the commission of another felony, punishable by up to 5 years imprisonment a $10,000 fine or both fine and imprisonment.
HB1579 makes it unlawful to reinforce or use any device to fortify a door or window of a building being used in the commission of a crime for the purpose of preventing entry or causing injury to law enforcement.
Fiscal Summary
Fiscal Analyst: Marilyn Anderson
The CCR for HB 1579 makes it a felony to fortify an access point to a building where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed for the purpose of preventing entry by law enforcement.
Fiscal Analysis
Persons convicted of this offense would be punished by up to five years imprisonment and/or a fine up to $10,000. Since this is a new law, there is no available data on its occurrence; however, the Criminal Justice Resource Center expects the increased cost to the Department of Corrections will be minimal.
Long Term Fiscal Considerations
None
Fiscal Analysis Reviewed By:
House Fiscal Director
It looks like I would be in trouble if I lived in OK. After my house was burglarized by someone kicking in the door I fixed that problem in a big way. There's a steel rod drilled into the concrete floor and steel rods that go from the door way into the frame. I guess the cops are afraid that when they do the no knock and it fails hot lead might come through the into their unidentified faces. That would be a real fear trying to take down my door.
it'll soon be a crime to breathe during the commission of a crime, merely to increase the count of violations, for the sake of the state's monetary gain.
to violate human rights in the process of operating such government is, however, a perfectly logical conclusion given its design. you only had to wait 230 years for humankind -- slow and stupid as they are -- to catch up en masse, get government jobs, and become aggressors instead of victims.
Soon door and window locks will be banned, then doors and windows.
Did I still live in Ok. and were I to decide my points of access needed fortifying I would fortify them. And I would make it very expensive for those who would try to disabuse me of the right to defensive security at my home.
I do think however, that this shows beyond any doubt that the Oklahoma legislature and governor are criminals with criminal intent and are using their elective authority to secure to themselves tactical advantages greater than those other criminal gangs enjoy.
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