A. Upon the effective date of this act, Class D2 shall include the following criminal offenses: 1. Attempt to escape from penitentiary, as provided for in Section 434 of Title 21 of the Oklahoma Statutes; 2. Attempt to escape from prison, not a penitentiary, as provided for in Section 436 of Title 21 of the Oklahoma Statutes; 3. Escape from arrest or detention for a felony, as provided for in subsection C of Section 444 of Title 21 of the Oklahoma Statutes; 4. Aggravated assault and battery upon medical care provider, as provided for in Section 650.5 of Title 21 of the Oklahoma Statutes; 5. Omitting to provide for a child, as provided for in Section 852 of Title 21 of the Oklahoma Statutes; 6. Harboring an endangered runaway child, second or subsequent offense, as provided for in Section 856.2 of Title 21 of the Oklahoma Statutes; 7. Discharging a stun gun, tear gas, mace, or other agent against officer, as provided for in Section 1272.3 of Title 21 of the Oklahoma Statutes; 8. Possession of sawed-off shotgun, as provided for in Section 1289.18 of Title 21 of the Oklahoma Statutes; 9. Transmit threatening letter, as provided for in Section 1304 of Title 21 of the Oklahoma Statutes; 10. Abortion without license, as provided for in Section 1-731 of Title 63 of the Oklahoma Statutes; 11. Abortion after first trimester, as provided for in Section 1-731 of Title 63 of the Oklahoma Statutes; 12. Self-induced abortion, as provided for in Section 1-733 of Title 63 of the Oklahoma Statutes; 13. Violate Oklahoma Unborn Child Protection from Dismemberment Abortion Act, as provided for in Section 1-737.9 of Title 63 of the Oklahoma Statutes; 14. Violation of Unborn Child Pain Awareness/Prevention Act, as provided for in Section 1-738.14 of Title 63 of the Oklahoma Statutes; 15. Knowingly perform abortion on unemancipated minor, as provided for in Section 1-740.4b of Title 63 of the Oklahoma Statutes; 16. Make fraudulent statement to obtain abortion for a minor, as provided for in Section 1-740.4b of Title 63 of the Oklahoma Statutes; 17. Violation of the Pain-Capable Unborn Child Protection Act, as provided for in Section 1-745.7 of Title 63 of the Oklahoma Statutes; 18. Violation of the Heartbeat Informed Consent Act, as provided for in Section 1-746.7 of Title 63 of the Oklahoma Statutes; 19. Abortion on minor less than fourteen (14) years of age or failure to submit tissue, as provided for in Section 1-749 of Title 63 of the Oklahoma Statutes; 20. Distribution of imitation controlled substance, second offense, as provided for in Section 2-401 of Title 63 of the Oklahoma Statutes; and 21. Assist another in purchase of pseudoephedrine products, second or subsequent offense, as provided for in Section 2-701 of Title 63 of the Oklahoma Statutes. B. Any person convicted of a Class D2 criminal offense set forth in this section shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years and shall serve at least twenty percent (20%) of the sentence imposed before release from custody. C. 1. Every person who, having been previously convicted of one or two Class C or Class D criminal offenses, commits a Class D2 criminal offense shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than five (5) years and shall serve at least twenty percent (20%) of the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes. 2. Every person who, having been previously convicted of three Class C or Class D criminal offenses, or one or more Class Y, Class A, or Class B criminal offenses, commits a Class D2 criminal offense shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than ten (10) years and shall serve at least thirty percent (30%) of the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes. D. Unless specifically exempted pursuant to subsection E of this section, Section 51.1 of Title 21 of the Oklahoma Statutes shall not apply to Class D2 criminal offenses. E. 1. The criminal offenses listed in paragraphs 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of subsection A of this section shall be exempt from the penalty provisions provided for in subsections B and C of this section. Persons convicted of the criminal offenses provided for in paragraphs 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of subsection A of this section shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of Title 21 of the Oklahoma Statutes. 2. The criminal offense listed in paragraphs 2, 4, 5, and 6 of subsection A of this section shall be exempt from the penalty provisions provided for subsection B of this section. Persons convicted of the criminal offenses provided for in paragraphs 2, 4, 5, and 6 of subsection A of this section shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of Title 21 of the Oklahoma Statutes. The provisions of subsection C of this section still applies to the criminal offenses listed in paragraphs 2, 4, 5, and 6 of subsection A of this section. F. All Class D2 criminal offenses shall be punishable by the corresponding fines as provided for in the Oklahoma Statutes.
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