Is Governor Stitt’s Coronavirus Emergency Order Legal?

oklahoma governor stitt executive order Riot Control and Prevention ActUPDATE! Governor Stitt declared a “health emergency” on April 2, 2020.

On March 15, 2020, Oklahoma Governor Kevin Stitt issued his first Coronavirus executive order. He declared that there was “an emergency caused by the impending threat of COVID-19 to the people of this State and the public’s peace, health, and safety.” He activated the State Emergency Operation Plan. The only authority he cited in his declaration was Article VI Section 2 of the Oklahoma Constitution.

On March 24, Governor Stitt issued his Fourth Amended Executive Order. Among many other things, he banned gatherings of more than ten people. He also ordered that businesses not deemed “essential” to close.

Based on my research, I believe these executive orders are invalid. Succinctly, the governor is trying to shoehorn this situation into Oklahoma’s Riot Control and Prevention Act. There was neither a riot nor impending riot that required the use of this Riot Act.

Where does the governor’s authority to do this come from?

After asking people and the media for weeks where this power comes from and not getting an answer, I finally decided to do the research myself. It was not easy to find.

My initial research took me to 63 O.S. § 1-504, the law covering quarantine in our Public Health Code. It talks about what a local health officer can do when he or she determines or suspects that someone has a communicable disease of public health concern. This is what most other sites believe gives the governor his powers during this pandemic. Not correct.

I thought that maybe the Attorney General’s clarification on the governor’s executive order would be helpful since he said that a violation of the executive order is a misdemeanor. There was no citation in the AG’s memo to any law. Maybe he was referring to 21 O.S. § 1195, Penalty for Violating Quarantine Laws or Orders? Nope, since that refers to orders by a “health officer”–not the governor.

Riot Control and Prevention Act

I finally found it on OKC’s post on their “shelter in place” order. The governor is using 21 O.S. §§ 1321.1-1321.11, the RIOT CONTROL AND PREVENTION ACT, to justify his executive order.

This law states, “The Governor, after finding that a public disorder, disaster or riot exists within this state or any part thereof which affects life, health, property or the public peace, may proclaim a state of emergency in the area affected.”

So in order for this act to be invoked, there must be either a public disorder, disaster, or riot. The clear intent of this law is that it be invoked when there’s either rioting/civil unrest in the streets or the danger of immediate rioting or civil unrest, due to some sort of “disaster.” There’s obviously no riot or public disorder. So is he saying there’s currently a “disaster”? Requiring the issuance of an executive order closing businesses and preventing more than 10 people from gathering in one location? Apparently he does. I don’t. I think this is an abuse of this statute. It clearly wasn’t intended for use with “health emergencies.”

Catastrophic Health Emergency Powers Act

Proof that the Riot Control and Prevention Act wasn’t meant for health emergencies is the fact that we already have a Catastrophic Health Emergency Powers Act, which is specifically for health emergencies–obviously. A “catastrophic health emergency” is defined as an occurrence of imminent threat of an illness or health condition that:

  1. is believed to be caused by any of the following:
    1. a nuclear attack,
    2. bioterrorism,
    3. a chemical attack, or
    4. the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin, and
  2. poses a high probability of any of the following harms:
    1. a large number of deaths in the affected population,
    2. a large number of serious or long-term disabilities in the affected population, or
    3. widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

Why didn’t Governor Stitt declare a catastrophic health emergency under the Catastrophic Health Emergency Powers Act? Perhaps it’s because the Riot Act gives the governor more powers? There’s no criminal penalty associated with the violation of the Health Act. With the Riot Act, there are two provisions that allow for criminal penalties. So when it comes to controlling peoples’ behavior, the Health Act has no teeth–the Riot Act does.

Can I get charged with a crime for not following the executive order?

According to our AG, violating the executive orders is a misdemeanor. So, yes, you can be arrested and charged with violating the executive orders. But, is the executive order lawful? I don’t think so. It’s fundamentally flawed because it’s using a law that wasn’t intended for this purpose. They’re stretching the limits of the Riot Act to fit their goals.

Is this really a “disaster”? I believe the statute intended this to be used for natural disasters–such as tornadoes. When a tornado hits a town, it could decimate utilities and law enforcement’s ability to do its job. The governor would typically declare it a “disaster area” for obvious reasons. Is all of Oklahoma now a “disaster area” because some people are infected with a virus? I don’t think so.

Disaster is defined as “a sudden event, such as an accident or a natural catastrophe, that causes great damage or loss of life.” It sets a terrible precedent to declare something a “disaster” when there’s not an event that actually constitutes a real disaster.

How are cities able to threaten business and people who don’t comply?

Cities do this because they have their own municipal code that’s authorized under the Riot Act. Oklahoma City’s municipal code says that, “The Mayor, after finding that a public disorder, disaster or riot exists which affects life, health, property or the public peace, may proclaim a state of emergency in the area affected.” It references riots and things that go on during riots in adjacent sections of the code. So, again, this code was clearly written to deal with RIOTS or the threat of RIOTS–not viruses. The penalty for violating this law is up to six months in jail and a $750 fine. Since I believe these municipalities are declaring emergencies based on an illegitimate application of the Riot Act, the municipalities’ orders are also invalid.

What are your thoughts? Do you agree? Disagree?

Please let me know if I posted something inaccurate so I can correct it.

Can I Hoverboard Drunk in Oklahoma?

Although not advisable, it’s probably not against the law to hoverboard (or segway) drunk in Oklahoma. Determining the legality of this requires knowing the definition of a “motor vehicle” in Oklahoma and applying the exceptions. Even though you may be able to lawfully hoverboard under the influence, a law enforcement officer may not be as savvy about the definitions as you and still arrest you for DUI.

Definition of Motor Vehicle in Oklahoma

Oklahoma defines “motor vehicle” as:

  1. Any vehicle that is self-propelled; or
  2. Any vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

Exceptions to Motor Vehicle Definition

“Motor vehicle” does not include:

  1. Implements of husbandry;
  2. Electric personal assistive mobility devices;
  3. Motorized wheelchairs;
  4. Vehicles moved solely by human or animal power; or
  5. Electric-assisted bicycles.

Note that “electric-assisted bicycles” is a new exception to the definition of a motor vehicle as of 2019.

Electric Personal Assistive Mobility Devices

motor vehicle definition hoverboard dui attorney okcA hoverboard would most likely be considered an “electrical personal assistive mobility device.” These are defined as a self-balancing, two nontandem-wheeled device, designed to transport only one person, having an electric propulsion system with an average of 750 watts (1 h.p.), and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such a propulsion system while ridden by an operator who weighs 170 pounds. The hoverboard I own goes up to 7.5 mph for riders up to 165 lbs, so I think I’m good! A Segway PT can reach 12.5 mph.

Motorized Wheelchairs

A motorized wheelchair is any self-propelled vehicle, designed for and used by a person with a disability, that’s incapable of going faster than 8 miles per hour. I think this is pretty self explanatory.

Implements of Husbandry

An implement of husbandry is every device, whether it’s self-propelled, designed and adapted so as to be used exclusively for agricultural, horticultural, or livestock-raising operations, or for lifting or carrying an implement of husbandry that is not not subject to registration if operated upon the highways. The following constitute implements of husbandry:

  1. Farm wagon type tank trailers of not 1,200 gallons capacity, used during the liquid fertilizer season as field storage “nurse tanks” supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or field or from one farm or field to another;
  2. Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon. However, a truck or semitrailer with an axle weight of 20,000 pounds or more, which is used to haul manure and operated on public roads or highways is not considered an implement of husbandry.
  3. Utility-type, all-terrain vehicles with a maximum curb weight of $1,500 pounds that are equipped with metal front or rear carrying racks when used for agricultural, horticultural, or livestock-raising operations.

Electric-Assisted Bicycles

New exception in 2019! The definition of electric-assisted bicycles also changed in 2019. An electric-assisted bicycle is any bicycle with:

  1. Two or three wheels; and
  2. Fully operative pedals for human propulsion and equipped with an electric motor with a power output of not more than 750 watts that meets the requirements of one of the following three classes:
    1. “Class 1 electric-assisted bicycle” is an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches 20 miles per hour,
    2. “Class 2 electric-assisted bicycle” is an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches 20 miles per hour, and
    3. “Class 3 electric-assisted bicycle” is an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches 28 miles per hour.

An electric-assisted bicycle must meet the manufacturing and equipment requirements adopted by the Consumer Product Safety Commission for bicycles and has to operate in such a manner that the electric motor disengages or ceases to function when the rider stops pedaling or the brakes are applied.

Things that ARE Motor Vehicles in Oklahoma

The following are self-propelled vehicles that don’t fit into an exception to the definition of motor vehicle in Oklahoma.

Motorized Bicycle

A motorized bicycle is any bicycle having:

  1. Fully operative pedals for propulsion by human power;
  2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and
  3. A combustion engine with a piston or rotor displacement of 80 cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than 35 miles per hour on level ground.

The term “bicycle” includes tricycles, quadcycles, or similar human-powered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated.

Motor-Driven Cycle

A motor-driven cycle is any motor vehicle having:

  1. A power source that:
    1. if the power source is a combustion engine, has a piston or rotor displacement of greater than 35 cubic centimeters but less than 150 cubic centimeters regardless of the number of chambers in the power source,
    2. if the power source is electric, has a power output of greater than 1,000 watts; and
  2. A seat or saddle for the use of each rider; and
  3. Not more than three wheels in contact with the ground.

Low-Speed Electric Vehicle

“Low-speed electrical vehicle” means any four-wheeled electrical vehicle that’s powered by an electric motor that draws current from rechargeable storage batteries or other sources of electrical current and whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour. It also much be manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles in 49 C.F.R. 571.500. This means your kid’s Power Wheels wouldn’t be considered a low-speed electric vehicle.

Motorized Scooter

A “motorized scooter” is any vehicle having:

  1. Not more than three wheels in contact with the ground;
  2. Handlebars and a foot support or seat for the use of the operator;
  3. A power source that is capable of propelling the vehicle at a maximum design speed of not more than 25 miles per hour on level ground, and:
    1. if the power source is a combustion engine, has a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source,
    2. if the power source is electric, has a power output of not more than 1,000 watts.

A Bird/Lime scooter would likely fall under this category. An electric personal assistive mobility device, bicycle, electric-assisted bicycle, or motorized bicycle, is not considered a motorized scooter. A motorized scooter isn’t required to be registered . The operator of a motorized scooter doesn’t have to possess a driver license or to comply with Oklahoma’s vehicle insurance or financial responsibility laws.

Moped

A moped is a motor-driven cycle with a motor that produces no more than two brake horsepower and is not capable of propelling the vehicle at a speed in excess of 35 miles per hour on level ground. If an internal combustion engine is used, the displacement cannot exceed 50 cc. A moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

HB 1265 amended 47 O.S. §§ 1-104, 1-134, 11-1103, and 12-701. It created 47 O.S. § 11-1209. It went into effect on November 1, 2019.

Special thanks to Brian Morton with Hunsucker Legal Group for help with this article.

Sources: 47 O.S. §§ 1-133.2, 1-133.3, 1-134, 1-114A, 1-125, 1-104, 1-134.1, 1-136, 1-136.3, and HB 1265

Current as of March 29, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with DUI in Oklahoma? Call Oklahoma DUI lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420

Can a Registered Sex Offender Sell Ice Cream Out of a Truck in Oklahoma?

sex offender charged selling ice cream out of truck Succinctly, no! Oklahoma does not allow registered sex offenders to be an “ice cream man.” The law says that it’s a felony for any sex offender required to be registered to engage in ice cream truck vending, whether or not licensed in this state as a mobile food unit.

The maximum punishment in the Department of Corrections is 2.5 years. The maximum fine is $1,000.

“Ice cream” means any frozen dairy or water-based food product. “Ice cream truck” means any motor vehicle used for selling, displaying or offering to sell ice cream or any other frozen dairy or frozen water-based food product. “Ice cream truck vending” means the selling, displaying, or offering to sell ice cream, water-based food product, or any other prepackaged food product from an ice cream truck.

Note that this law deals specifically with the sale of ice cream and similar items. It doesn’t apply to food trucks. In 2016, some parents were upset that a registered sex offender was running a food trailer with reckless abandon. A sex offender in a food truck is ok so long as he or she stays at least 500 ft away from a school, park, and other locations associated with children. There was apparently no incident in Oklahoma that inspired this law, but there were recent events in New York and Florida where convicted sex offenders operating ice cream trucks were convicted of harming children. However, some say the idea that ice cream men are cruising around looking for kids to victimize is an urban myth.

Duty to Check Background

Any company engaged in the business of ice cream truck vending has to conduct an annual name search against the Oklahoma Sex Offender Registry for each ice cream truck operator prior to allowing the person to engage in the business of ice cream truck vending. Each business has to maintain records or other proof that a name search was conducted on each ice cream truck operator and that each person searched has no requirement to register as a sex offender. Any business entity discovering that a person has operated, or has attempted to operate, an ice cream truck must report such information to the district attorney. It’s a misdemeanor to fails to report information of violations or comply with records or name search requirements.

The maximum punishment in jail is one year. The maximum fine is $500.

Individuals engaged in the business of ice cream truck vending who are sole proprietors are required to sign, and have in the person’s possession while operating an ice cream truck, a notarized statement signed under oath stating that the person is not required to register as a sex offender. The statement must be renewed annually. It’s a misdemeanor to fails to comply with the requirement to have a signed and notarized statement in the person’s possession while operating an ice cream truck.

The maximum punishment in jail is one year. The maximum fine is $500.

Sources: 21 O.S. §§ 10, 2100, 2100.1, and 2100.2

Current as of March 27, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with a sex offense in Oklahoma? Call sex crimes lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420

Drugs Added to Controlled Substances Schedules – 2019 Oklahoma Laws

cds lawyer okc fentanyl arrestThe yearly update to Oklahoma’s controlled substances lists is upon us again! And, surprise, more drugs are illegal! I don’t know why they’re so eager to update this list since everything on the federal list is automatically considered a controlled dangerous substance in Oklahoma.

The following italicized language was added to the very beginning of the statutes covering Schedule I and II drugs: “The controlled substances listed in this section are included in Schedule I/II “and include any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, when the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation.” No clue why this was added because it doesn’t actually refer to any drugs right after it. The section covering hallucinogenic drugs in Schedule I already has that verbiage. Seems superfluous.

Controlled Substances in Schedule I

The following drugs are now Schedule I drugs:

  • N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropyl fentanyl) Note, this one replaced a very similarly spelled drug that was already on the list. My guess is that they got the wrong spelling the first go round, and now they’re fixing it.
  • N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (Butyrl fentanyl)
  • N-ethyl hexadrone
  • Isopropyl-U-47700
  • Para-fluorobutyrl fentanyl
  • Fluoro isobutryrl fentanyl
  • 3-Hydroxy Phencyclidine (PCP)
  • 3-methoxy Phencyclidine (PCP)
  • Pentredone was corrected to Pentedrone

The following fentanyl analogues now have the “common name” next to the chemical name. I guess someone wanted to be extra clear on which version of fentanyl is which.

  • Acetyl fentanyl
  • Crotonyl fentanyl
  • Furanyl fentanyl
  • 4-ANPP
  • Cyclopropyl fentanyl
  • Butyrl fentanyl

Controlled Substances in Schedule II

The following drug has been added to Schedule II:

  • Tianeptine

SB 166 amended 63 O.S. §§ 2-204 & 2-206. It went into effect on November 1, 2019.

Sources: SB 166 and 21 O.S. §§ 2-204 & 2-206

Current as of March 6, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with possession of a controlled dangerous substance in Oklahoma? Call Oklahoma CDS lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420

More Obscene & Threatening Behavior – 2019 Oklahoma Laws

This update added to the list of what would be considered obscene or threatening behavior. It’s now illegal to use force, threats, or intimidation to interrupt or disrupt the carrying on of business. Electronic communication intended to annoy, abuse, threaten, or harass someone now includes text, sound and images. This also includes things posted to a social media or other public media source.

Threatening or Intimidating Employers in Oklahoma

It’s illegal to use force, threats, or intimidation to:

  • prevent or endeavor to prevent another from employing any person,
  • compel another to employ any person,
  • force or induce another to alter his or her mode of carrying on business,
  • interrupt or disrupt the carrying on of business, or
  • limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants, or other people employed by the employer, or their rate of wages or time of service.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

Obscenity, Threatening, or Harassment by Telephone or Other Electronic Communication

criminal attorney represent obscene phone call arrestIt’s illegal to willfully, by means of a telecommunication or other electronic communication device:

  1. Make any comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent;
  2. Make a telecommunication or other electronic communication including text, sound, or images with intent to terrify, intimidate, or harass, or threaten to inflict injury or physical harm to any person or property of that person;
  3. Make a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;
  4. Make a telecommunication or other electronic communication, including text, sound, or images whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number;
  5. Knowingly permit any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this law; and
  6. In conspiracy or concerted action with other people, make repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).

“Telecommunication” and “electronic communication” mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes:

  1. A communication initiated by electronic mail, instant message, network call, or facsimile machine including text, sound, or images;
  2. A communication made to a pager; or
  3. A communication including text, sound or images posted to a social media or other public media source.

Use of a telephone or other electronic communications facility under this law includes all use made of such a facility between the points of origin and reception. Any offense under this law is a continuing offense and will be deemed to have been committed at either the place of origin or the place of reception. In other words, if you are out of state and make a harassing call to someone in Oklahoma, you will be deemed to have made it in Oklahoma so that you can be prosecuted in Oklahoma.

Punishment for Obscenity, Threats, or Harassment by Telephone or Electronic Communication

A first offense is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500. A second offense is a felony. The maximum punishment in prison is two years. The maximum fine is $1,000.

SB 752 amended 21 O.S. §§ 838 & 1172. It went into effect on November 1, 2019.

Sources: SB 752 and 21 O.S. §§ 9, 10, 838, & 1172

Current as of March 1, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with threatening, obscene, or harassing communication in Oklahoma? Call Oklahoma obscenity lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420

Domestic Violence Law Updated – 2019 Oklahoma Laws

This update reduces the categories of people eligible to be charged with domestic violence in Oklahoma. Previously, if you committed an assault and battery against anyone you were related with “by blood or marriage,” you would have been committing an act of domestic violence. The biggest change in this statute narrows the definition of by eliminating that extremely broad category of people. This law also mandates participation in a batterer’s intervention program for anyone on a deferred or suspended sentence.

Oklahoma’s Current Definition of Domestic Violence

domestic violence lawyer oklahomaYou commit an act of domestic violence in Oklahoma if you commit an assault and battery against a current or former:

  • intimate partner or
  • family or household member

“Intimate partner” means:

  • current or former spouses,
  • people who are or were in a dating relationship,
  • people who are the biological parents of the same child, regardless of their marital status or whether they have lived together at any time, and
  • people who currently or formerly lived together in an intimate way, primarily characterized by affectionate or sexual involvement. A sexual relationship may be an indicator that a person is an intimate partner, but is never a necessary condition.

“Family or household members” are:

  • parents, including grandparents, stepparents, adoptive parents and foster parents,
  • children, including grandchildren, stepchildren, adopted children, and foster children, and
  • people otherwise related by blood or marriage living in the same household.

This is not a huge change. The only people this really excludes are siblings, cousins, and aunts/uncles/nephews/nieces who have never lived together. It was silly to consider a fight between two distant relatives “domestic violence” just because they technically had a blood relation or relation by marriage. This new definition also excludes anyone and everyone who ever once lived together. So, roomates who aren’t related, didn’t have sex with each other, and no longer live together are also not eligible for domestic violence charges.

Batterers’ Intervention Program Required

Domestic violence charges now require that anyone on probation complete an assessment and follow the recommendations of a batterers’ intervention program. Counseling only is no longer permitted.

Definitions Changed

“Dating relationship” means intimate association, primarily characterized by affectionate or sexual involvement. A casual acquaintance or ordinary fraternization between persons in a business or social context doesn’t constitute a dating relationship.

“Victim support person” means a person affiliated with a domestic violence, sexual assault, or adult human sex trafficking program, certified by the Attorney General or operating under a tribal government, who provides support and assistance for a person who files a petition under the Protection from Domestic Abuse Act.

“Domestic abuse” means any act of physical harm, or the threat of imminent physical harm that is committed by an adult, emancipated minor, or minor child 13 years old or older against another adult, emancipated minor, or minor child who is currently or was previously an intimate partner or family or household member.

HB 2630 amended 21 O.S. § 644 and 22 O.S. § 60.1. It went into effect on November 1, 2019

Sources: HB 2630, 21 O.S. § 644, & 22 O.S. § 60.1

Current as of February 24, 2020. Note: laws are subject to change at any time! Visit the linked statutes for the most accurate law.

Charged with domestic violence in Oklahoma? Call OKC domestic violence attorney Frank Urbanic at 405-633-3420.

Don’t panic! Call Urbanic.®

Can I use medical marijuana while on probation in Oklahoma?

I believe it’s now legal for an Oklahoma medical marijuana license holder to consume marijuana while on probation. Some judges and district attorneys will disagree. The “Unity Bill” (Oklahoma Medical Marijuana and Patient Protection Act), which went into effect on August 30, 2019 protects medical marijuana patients from punishment for their use of marijuana. It states the following:

“A medical marijuana patient or caregiver in actual possession of a medical marijuana license shall not be subject to arrest, prosecution or penalty in any manner or denied any right, privilege or public assistance, under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act.”

63 O.S. § 427.8

It seems pretty clear to me that an Oklahoma medical marijuana license holder can’t be subject to “arrest, prosecution or penalty in any manner” so long as they are using marijuana in accordance with Oklahoma’s medical marijuana laws. Revoking or accelerating someone’s probation certainly constitutes a penalty. Therefore, an Oklahoma medical marijuana license holder who is on probation should not be penalized for testing positive for marijuana. Furthermore, an Oklahoma medical marijuana license holder who is on probation should not be penalized for possessing marijuana in an amount allowed by our medical marijuana law.

Why won’t judges and district attorneys leave medical marijuana patients alone?

medical marijuana use on probation in oklahomaThe problem is getting a judge and/or prosecutor to agree to that. District attorneys and judges generally still hate marijuana. Many were quite upset that Oklahoma’s medical marijuana law passed. Since the law went into effect, some DAs and judges have done everything they can to “stick it” to patients lawfully using medical marijuana.

The primary reasons judges and district attorneys use for revoking probation for a licensee testing positive for marijuana is that the licensee was “violating federal law” by possessing marijuana. A condition of probation is that the probationer will not violate any municipal, state, or federal laws. Even without the Unity Bill, this reasoning is a stretch. It’s intended to intimidate and unnecessarily punish marijuana patients. With the Unity Bill in effect, it’s clear that a judge may not punish a medical marijuana probationer for testing positive for marijuana because the state law overrides the probation condition. There’s no state law that says that probationers may not violate any municipal, state, or federal law. A judge can’t simply override a state law because they don’t like marijuana.

Examples of how medical marijuana licensee rights are violated

I’ve seen and heard about judges doing some questionable things with regards to probationers vis a vis medical marijuana. Some judges are requiring that a doctor appear in court to testify about the medical conditions the probationer has. The law doesn’t say the licensee “shall not be subject to arrest, prosecution or penalty in any manner … only when their doctor proves the licensee’s medical condition to the satisfaction of the judge.” Plus, information regarding a patient’s condition(s) isn’t even supposed to be released outside the OMMA. So, how does testimony on the record protect a patient’s privacy? There’s at least one judge telling people on probation that even getting a medical marijuana license is violating some law. I’m not aware of any federal law that prohibits people from getting a medical marijuana license–regardless of whether they actually use marijuana. If you’re aware of one, please let me know!

How will we know for sure?

So, how are we going to know for sure whether a medical marijuana license holder on probation can be punished for his or her lawful use of marijuana? I doubt all the district attorneys and judges will suddenly start turning a blind eye to positive marijuana tests by license holders. What it will likely take is for someone to challenge the revocation or acceleration of probation. A medical marijuana licensee must have their probation actually revoked or accelerated by a judge and then appeal that decision to the Court of Criminal Appeals. Then, the licensee would have to actually win at the Court of Criminal Appeals. In the meantime, the licensee would likely be in jail or prison. And appealing anything costs money. Not many people are willing to go through that pain to blaze the trail for everyone else.

The good news is that I haven’t seen a license holders’ probation get accelerated/revoked for testing positive for marijuana. That’s not to say it hasn’t happened–I just haven’t personally seen it. I’ve heard stories about probation officers not caring whether a licensee tests positive for marijuana. That’s a good sign because if the probation officer never reports that as a violation, then the district attorney and judge never get an opportunity to revoke/accelerate the probation. There are also some district attorneys who were not filing motions to revoke/accelerate before the Unity Bill went into effect. No doubt, there will likely be at least a few more now. And out of the hundreds of judges in Oklahoma, there are probably a few who will actually follow the law and leave medical marijuana patients alone.

Current as of October 27, 2019. Note: laws are subject to change at any time! Visit the sources for the most up to date law.

Sources: HB 2612, 63 O.S. 420, & 63 O.S. § 427.8

Charged with possession of marijuana in Oklahoma? Call Oklahoma marijuana lawyer Frank Urbanic in OKC at 405-633-3420.

Don’t panic! Call Urbanic.®

Expungement Eligibility Expanded – New Oklahoma Laws 2019

More people will be eligible to have their arrests and cases expunged starting November 1, 2019. The two categories of people affected are individuals who have two nonviolent felony convictions and individuals convicted of a nonviolent felony that has subsequently been reclassified as a misdemeanor.

Two Nonviolent Felony Convictions

You will be eligible for an expungement if:

  • you were convicted of not more than two non-violent felonies,
  • you have not been convicted of any offense that requires you to be a registered sex offender,
  • no felony or misdemeanor charges are pending against the you, and
  • at least ten years have passed since the completion of the sentence for the felony conviction.

new oklahoma expungement law 2019Previously, it required a pardon by the governor to expunge up to two felonies. Note that the last requirement states that the wait must be since the “completion of the sentence for the felony conviction.” The law allows you to expunge two felonies, but the waiting period requirement refers only to a single felony. I would assume that they meant for the wait to be ten years since the last felony conviction. If it doesn’t, then it would result in weird outcomes. For example, you could have completed your sentence for a felony in county A three years ago and completed your sentence for felony in county B over ten years ago. Does this mean you can expunge the county B felony now because that’s the felony that you’re trying to expunge?

Also, I assume the intent of this change was to give people the ability to expunge two felonies. However, the use of the term “the felony conviction” indicates that only one felony can be expunged at a time. Currently, you can put as many cases that are eligible for expungement on a single petition if they occurred in the same county. Surely the intent of this law isn’t to make people do a separate petition for each felony if it’s in the same county.

Either way, this is not a huge change. There simply aren’t that many people who are eligible under this change, who know about this change, who have the means to pay for an expungement, and who even want to get this expunged. If the legislature is going to spend time updating the expungement laws, it should have also incorporated changes that applied to more people.

Note that this change won’t reinstate firearms rights. Someone who receives all felony cases expunged under this section will be considered a “hidden felon.” You can still be charged with possession of a firearm after felony conviction. Reinstatement of firearms rights requires a pardon by the governor.

Nonviolent Felony Reclassified as a Misdemeanor

You’ll be eligible for expungement if:

  • you were convicted of a nonviolent felony that was subsequently reclassified as a misdemeanor under Oklahoma law,
  • you are not currently serving a sentence for a crime in this state or another state,
  • at least 30 days have passed since the completion or commutation of the sentence for the crime that was reclassified as a misdemeanor,
  • any restitution ordered by the court to be paid has been satisfied in full, and
  • any treatment program ordered by the court has been successfully completed (including failure of a treatment program that resulted in an accelerated or revoked sentence that has since been successfully completed by you or you can show successful completion of a treatment program at a later date.

The purpose of this change is to make SQ 780 retroactive. It does–kinda. Unfortunately, this change is far different than the change proposed in the initial bill to make 780 retroactive. This new category of expungement eligibility actually requires someone to get a felony conviction first. This is especially weird considering nothing was done to account for people on felony deferred sentences for crimes that have subsequently been reclassified as a misdemeanor. To get a felony deferred sentence expunged, you have to wait five years after the case is dismissed. So for someone in that situation on a deferred sentence, it may be quicker to get the deferred sentence accelerated to a conviction, wait 30 days, then file for expungement. That would be ridiculous.

This change also refers to “a nonviolent felony offense.” Does this also mean you can only get one and only one of these felony cases expunged? What if someone has two separate felony cases that are just simple drug possession? Can they only get one expunged? If so, what’s the point of this law? Because it won’t help many people. If someone has a felony simple drug possession conviction, the chances are extremely high that they have more than just one. The point should be to get all felonies subsequently reduced to a misdemeanor off as many records as possible–not just one per person.

It’s unknown how this change will affect firearm rights. It’s likely that someone whose case is expunged under this provision will be considered a “hidden felon,” thus will not be able to legally possess a firearm.

Sources: SB 815, HB 1269, and 22 O.S. § 18

Current as of October 13, 2019.

Want to expunge your Oklahoma record? Call OKC expungement attorney Frank Urbanic at 405-633-3420.

Don’t panic! Call Urbanic.®

DUI Law Changes – IDAP- New Oklahoma Laws 2019

impaired driver accountability program oklahoma idapBig changes happened to Oklahoma’s DUI laws in 2019! These changes involve what happens with the license of someone arrested for DUI.

The implied consent hearings with the Oklahoma Department of Public Safety (DPS) go away. Any challenge to a DUI arrest must be made in a District Court. A new program is created–the Impaired Driver Accountability Program (IDAP)–which incentivizes people to install an ignition interlock. Mandatory interlock time is reduced. There’s no longer a harsher punishment for drivers who refuse or test high (BAC of 0.15 or more). All these changes come from SB 712. This is probably the biggest change to Oklahoma DUI law in decades.

Any modifications addressed in these laws applies to Class D vehicles only–not commercial vehicles. The terms “revocation” and “suspension” are synonymous and also include the denial of driving privileges by DPS. The laws defining what constitutes a DUI in Oklahoma didn’t change.

I recently appeared on Fox 25 in OKC to discuss these changes.

What happens to my license after I get arrested for DUI in Oklahoma under the new law?

Someone arrested for DUI will have three choices:

  • Apply to the Impaired Driver Accountability Program (IDAP)
  • Challenge the stop and administration of the chemical test in a District Court
  • Do nothing

What happens to your license will depend on which of the above choices you make.

What is Oklahoma’s Impaired Driver Accountability Program (IDAP)?

Voted #2 DUI Attorney in OKC
Voted #2 DUI Attorney in OKC

IDAP is essentially a diversion program within the Department of Public Safety designed to encourage people to install an interlock in their vehicle. You need to apply for IDAP. Once DPS approves your participation in IDAP, you need to enroll in the program. Note the following:

  • Your license doesn’t get revoked as a consequence of participating in IDAP.
  • There’s no reinstatement fee after successful completion of IDAP. You just go to a tag agency and get a new regular license.
  • The installation of an interlock will run concurrently with any court order for installation of an interlock for the same offense.
  • The DUI won’t appear on DPS’s public record, but it will be recorded for the purpose of enhancement in the event of a re-offense

Applying for IDAP

  • Only Class D license holders may participate in IDAP. So, if you hold a CDL, then you’re ineligible for IDAP; you must file an appeal in District Court.
  • The arresting officer (or DPS in the case of a blood test) must give the arrestee a notice advising them of the availability of the IDAP.
  • DPS must receive your request for IDAP participation within 30 days from the date of the Notice of Revocation. DPS may approve exceptions to this 30-day requirement in limited circumstances.
  • You can’t be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.
  • If you mail your IDAP request, then the post mark date will be considered the date DPS received your request.
  • You may request participation in IDAP at DPS with a Hearing Officer.
  • Once you’ve requested participation in IDAP, DPS will issue a temporary stay on your driver’s license revocation that will expire at midnight on the 16th day after the IDAP request would have been due.
  • Submitting a request for a DPS hearing (which doesn’t exist under this new law) will be treated by DPS as a request for IDAP until notified otherwise. A failure to respond to correspondence from DPS regarding IDAP (generated by the hearing request) will be interpreted by DPS as a rejection of the opportunity to participate in IDAP.

Enrolling in IDAP

  • You must pay $200 to DPS and provide DPS proof of interlock installation within 45 days of the date notice was given. DPS may approve exceptions to the 45-day requirement on a limited basis.
  • You have to pay $50 to get a restricted driver’s license for the period you’re in IDAP. The restricted license will state that you’re only authorized to operate a vehicle that has an approved and properly functioning ignition interlock device installed. There’s still an exception for employer vehicles.
  • You must complete an IDAP Agreement form.
  • You must acknowledge receipt and review of the IDAP Participant’s Guide.
  • A DPS Hearing Officer must sign the IDAP Agreement
  • The day enrollment in IDAP is complete (all of the above accomplished) is the participant’s first day in the program.
  • All program restrictions continue through the last day of IDAP. You’re responsible for completing IDAP before removing the interlock.
  • If you’re enrolling in IDAP for a subsequent DUI/APC arrest, then you will complete any subsequent IDAP period consecutively.

How do I figure out the Date of Notice of Revocation?

  • Breath test or refusal – the date of arrest
  • Blood test – the 10th day after the date DPS mails you or your attorney the Notice of Revocation

How long do I have to keep an interlock in my car under IDAP?

The minimum time an interlock must be installed in your vehicle:

  • First offense – six months
  • Second offense – 12 months
  • Third offense – 36 months

Note that there is no more “extra interlock time” pursuant to the Erin Swezey Act. That all goes away. Once you complete IDAP, you can drive with a normal license and without an interlock–regardless of whether you refused or how many times you’ve been arrested for DUI.

What if I commit an interlock violation while in IDAP?

There’s a period of time in which an IDAP participant is subject to program extension due to interlock violations or program violations.

  • Six month period – You cannot commit a reportable violation in the 60 days prior to being released from IDAP. If you commit a violation during the last 60 days of the original program length and any extensions, then the program will be extended 60 days.
  • One-year period – You cannot commit a reportable violation in the 120 days prior to being released from IDAP. If you commit a violation during the last 120 days of the original program length and any extensions, then the program will be extended 120 days.
  • Three-year period – You cannot commit a reportable violation in the year prior to being released from IDAP. If you commit a violation during the last year of the original program length and any extensions, then the program will be extended 365 days.

Interlock violations include:

  • Three penalty fails at startup within a 15-minute timeframe
  • Three retest violations constitutes a reportable violation. Each retest violation after those first three constitutes a reportable violation.

Program violations include:

  • A circumvention
  • Removal of the device except:
    • Upon receipt of documentation from the installation authority or monitor authorizing that removal
    • The vehicle is being repaired. In this situation, the program participant must inform the licensed service center at least every eight days as to the anticipated date of completion of repairs; or
    • The vehicle is being replaced. If your vehicle is being replaced with another vehicle, then the removal and reinstallation of the device in the new vehicle has to be accomplished within eight days of the removal of the device from the old vehicle;
  • Tampering
  • Missed service appointment

If you have a verified program violation, you must appear before DPS to provide proof that the program violation has been remedied.

What can DPS do to me if they receive a report of a verified program or interlock violation?

If you commit a violation, DPS may impose any of the following:

  • Retraining with manufacturer, at the expense of the participant;
  • Installation of an interlock with a camera
  • Restrictions on the days and times of the participant’s driving;
  • Referral to re-assessment; and
  • Removal from IDAP, which will result in a driver license revocation.

You may appear before a DPS Hearing Officer within 15 days of receipt of the notice of violation to contest that violation. The Hearing Officer may sustain or set aside the violation. If you don’t contest the violation within those 15 days, then you have waived any future right to contest that violation.

How do I graduate from IDAP?

To graduate from IDAP, you must give the following to DPS:

  • The completion form from the Board of Tests verifying no interlock violations in the last 60/120/365 days of the program and
  • Certificate of completion of the requirements of the drug and alcohol assessment (ADSAC – “red stamp”).

You cannot have been arrested for DUI while in IDAP because DPS will verify that they have not received any additional officer’s affidavits and notices of revocation. Finally, DPS will update your Driver Index to reflect the completion of IDAP and issue you a completion certificate.

What if I challenge the DUI stop or administration of the breath/blood test?

If you believe the DUI stop and/or arrest were improper, you can still challenge the DUI arrest. Instead of it being on the phone with a DPS hearing officer, an appeal must be filed in the district court of the county where the offense occurred. Note the following:

  • The appeal petition has to be filed within 30 days after the notice of revocation has been served on the arrestee.
  • The appeal must be set for a hearing 15-30 days from the date the petition is filed.
  • The court clerk has to send a certified copy of the petition and order for hearing to DPS.
  • There’s no longer a $250 cash bond! Previously, an appeal to a district court of a DPS hearing required an extra $250 cash bond to be paid. This goes away.
  • The law is silent on what happens to the license 30 days after notice is given when a driver files an appeal in district court. DPS has said that they will not object to the imposition of a stay of the revocation while the case is pending. Translation: your license won’t get revoked at the 30-day mark if you file an appeal in district court.
  • If you lose the hearing in district court
    • Your license gets revoked. You may ask the court to order DPS to issue a modified license so that you may legally drive during the revocation period. The court must issue that order if you ask for it. It’s no longer the court’s option. The modified license will require the installation of an approved and working interlock during the revocation/suspension period. There is a $175 fee to get a modified license.
    • If your license is revoked, then you have to get it reinstated after the revocation period. This involves paying a fee (approximately $365) and submitting proof of the Alcohol and Drug Substance Abuse Course (ADSAC) completion. You may still appeal the loss in district court to the Court of Civil Appeals.
  • If you win the hearing in district court, then your license does not get revoked.

What will the district court look at to determine whether my license should be suspended?

The hearing will cover whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle on the public roads, highways, streets, turnpikes or other public place in Oklahoma while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance. It will also cover whether the person was placed under arrest.

If the revocation or denial is based upon a breath or blood test, the hearing will also cover whether:

  1. if timely requested by the person, the person was not denied a breath or blood test,
  2. the blood or breath specimen was obtained from the person within two hours of his or her arrest,
  3. a person under 21 was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol (0.02 BAC),
  4. a person 21 or older was advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of .08 or more, and
  5. the test result in fact reflects the alcohol concentration.

If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, the will also include whether:

  1. the person refused to submit to the test or tests, and
  2. the person was informed that driving privileges would be revoked or denied if the person refused to submit to any test.

How long is my license suspended if I lose the hearing in district court?

If you lose the hearing in district court, your license will be suspended accordingly:

  • First offense – six months
  • Second offense – 12 months
  • Third and subsequent offense – 36 months

Note that there is no more “extra interlock time” pursuant to the Erin Swezey Act. That all goes away. Once your license is reinstated, you can drive with a normal license and without an interlock–regardless of whether you refused or how many times you’ve been arrested for DUI.

What if I commit a violation during the revocation period?

If your license is revoked and you commit an interlock violation while on a modified license, then your interlock period will be extended. You can’t commit any reportable violations within 180 days prior to the date of release from the modification. The 180-day violation-free requirement applies regardless of the length of revocation. So note that a first-time offender could complete almost the entire 180 days and end up with an entirely new 180 days due to a violation in the final days of their original revocation period.

What if I don’t do anything within 30 days of the Notice of Revocation?

If you don’t apply to IDAP or challenge the arrest in district court within 30 days of the arrest/notice, then your license will be revoked 30 days after the Notice of Revocation date for a breath test/refusal and 40 days after the date DPS mails the Notice of Revocation. If you’re otherwise eligible for a modified license, DPS must issue you a modified license upon request for the six and 36-month periods. DPS may modify a license for the 12-month period. An interlock must be installed during the modification period. The periods of revocation and the amount of time an interlock must be installed are the same as if you lost the district court hearing:

  • First offense – six months
  • Second offense – 12 months
  • Third and subsequent offense – 36 months

The periods of revocation and periods of interlock installation will run concurrently. However, each must be for no less than the respective amount of time. This means that if you get a modified license two months into your six-month revocation, you still have to keep the interlock installed in your vehicle for a full six months. you can’t “wait out” part of any revocation period in order to get less interlock time. Therefore, you should get the interlock installed as close to the date your license is revoked.

Can I both apply for IDAP and file an appeal in a district court?

No! Current DPS administrative rules prohibit you from enrolling in IDAP if you have filed a challenge in District Court. Note that this is not in the statute. This is something that will likely be challenged. It typically takes longer than 30 days to receive the incident report and video. Prohibiting drivers from participating in IDAP while challenging the arrest in District Court puts the driver at a significant disadvantage. Most drivers will be in the blind as to how good of a case they have when the 30-day decision deadline arrives.

What if my revocation started before November 1, 2019?

The law in place on November 1, 2019 applies to you. This means that you will not be required to have an interlock installed in your vehicle to reinstate your license if it was required under the old law. The “Erin Sweezey” (extra interlock) time does not apply anymore.

Excessive User Program

This new law eliminates the Excessive User Program. DPS will base its determination about a driver’s designation as an Excessive User on the revocation date that gives rise to the possible designation as an Excessive User. Drivers who have an existing designation as an Excessive User on their record, as of November 1, 2019, will continue to have the requirement until such time as they have completed the requirements. Drivers who have a revocation pending that could otherwise lead to a designation as an Excessive User will not be required to complete the Excessive User requirements unless the subject revocation is final prior to November 1, 2019.

Sources: SB 712; Oklahoma Administrative Code Title 595 Chapter 40 §§ 7-1, 7-2, 7-3, 7-4, 7-5, & 7-6; and 47 O.S. §§ 2-116, 6-204, 6-205, 6-205.1, 6-211, 6-212, 6-212.2, 6-212.5, 6-212.6, 11-902a, 751, 752, 753, 754, 754.1, & 754.2

Current as of February 29,2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with DUI in Oklahoma? Call OKC DUI attorney Frank Urbanic at 405-633-3420.

Don’t panic! Call Urbanic.®

Age of Consent & Statutory Rape Law in Oklahoma

A frequently asked question online is something like, “I’m X years old. Can I have sex with someone who is Y years old?”. The answer to this question requires a look at of Oklahoma’s age of consent, incest, and rape laws.

Age of Consent in Oklahoma

The age of consent in Oklahoma is 16. Therefore, it is generally legal for a 16-year-old to have sex with anyone older than them. Sex between people who are 15-17 years old is generally lawful. A variety of exceptions make that sex illegal.

Statutory Rape in Oklahoma

statutory rape charges oklahoma21 O.S. § 1111 states that rape occurs when the victim is 15 years old or younger. However, 21 O.S. § 1112 states that a person cannot be convicted of rape when the consensual sex occurred with someone over 14 unless the person was 18 years or older. 21 O.S. § 1111 also states that the following sex is also illegal:

  • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim. Translation: No sex by government employees with someone who is under the custody of a governmental agency if that agency the employee works for exercises authority over the victim.
  • Where the victim is at least 16 years old and is less than 20 years old and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is 18 years old or older and is an employee of the same school system. Translation: A school employee who is 18 or older can’t have sex with a student in that same school system who is younger than 20.
  • Where the victim is 19 years old or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant. Translation: Foster parents can’t have sex with their foster children if the foster child is 19 or younger.
  • Where the victim is at least 16 years old but less than 18 years old and the perpetrator of the crime is a person responsible for the child’s health, safety or welfare. “Person responsible for a child’s health, safety or welfare” includes but is not limited to:
    • a parent,
    • a legal guardian,
    • custodian,
    • a foster parent,
    • a person 18 years old or older with whom the child’s parent cohabitates,
    • any other adult residing in the home of the child,
    • an agent or employee of a public or private residential home, institution, facility or day treatment program, or
    • an owner, operator or employee of a child care facility.

Incest in Oklahoma

Per 21 O.S. § 885, incest is illegal. 43 O.S. § 2 outlines the parameters of whom it would be illegal to have sex with. Sex between people of the following relation is illegal:

  • ancestors and descendants of any degree,
  • a stepfather with a stepdaughter,
  • stepmother with stepson,
  • uncles and nieces, except in cases where such relationship is only by marriage,
  • aunts and nephews, except in cases where such relationship is only by marriage,
  • brothers and sisters of the half as well as the whole blood, and
  • first cousins.

Have you been charged with rape or incest in Oklahoma? Call Oklahoma sex crimes attorney Frank Urbanic in OKC for a FREE consultation at 405-633-3420.

Don’t panic! Call Urbanic.® (405) 633-3420

Sources: 21 O.S. § 1111, 21 O.S. § 1112, 21 O.S. § 885, & 43 O.S. § 2

Read about updates to Oklahoma’s rape law in 2018

Current as of June 20, 2019.