21-17.

§21-17.


    A.  The sentencing ranges in the matrices shall be enhanced in
accordance with the following provisions based on the circumstances
of the commission of the offense, however the enhancement provision
shall not apply to conduct which is an element of the offense.  The
following shall be offense enhancers:
    1.  If the offender committed the current offense with the use of
a firearm within the immediate possession and control of the offender
then the sentencing range shall be enhanced by two levels on the
sentencing matrices;
    2.  If the victim of the offense is over sixty-two (62) years,
under twelve (12) years, or is disabled by reason of mental or
physical illness to such extent that the victim lacks the ability to
effectively protect the victim's property or person, then the
sentencing range shall be enhanced by two levels on the sentencing
matrices;
    3.  If the property involved in a theft, embezzlement or fraud
crime is of great value, then the punishment for committing that
crime shall be enhanced.  If the commission of the crime involved the
use of drug proceeds then the punishment for committing the crime
shall be enhanced by the amount of drug proceeds involved.  The
"amount involved" is a calculation of the value of the property
involved in the crime, the amount of money that was stolen, embezzled
or obtained by fraud, or the amount of drug proceeds which is
utilized.
         a.   If the amount involved is greater than Two Thousand
              Five Hundred Dollars ($2,500.00) but less than Ten
              Thousand Dollars ($10,000.00) then the sentencing range
              shall be enhanced two levels on the sentencing
              matrices.
         b.   If the amount involved is greater than Ten Thousand
              Dollars ($10,000.00) but less than One Hundred Thousand
              Dollars ($100,000.00) then the sentencing range shall
              be enhanced by five levels on the sentencing matrices.
         c.   If the amount involved is greater than One Hundred
              Thousand Dollars ($100,000.00) but less than Five
              Hundred Thousand Dollars ($500,000.00) then the
              sentencing range shall be enhanced by seven levels on
              the sentencing matrices.
         d.   If the amount involved is greater than Five Hundred
              Thousand Dollars ($500,000.00) then the sentencing
              range shall be enhanced to the highest level on the
              sentencing matrices;
    4.  If in the commission of the crimes, the offender tortured or
maimed the victim then the sentencing range shall be enhanced two
levels on the sentencing matrices;
    5.  If the offender committed a Schedule N-2 or N-3 offense of
trafficking, distributing, dispensing, purchasing, transporting with
the intent to distribute, or possessing with the intent to distribute
a controlled dangerous substance, or a synthetic of the controlled
dangerous substance, in or on, or within one thousand (1,000) feet of
the real property comprising a public or private elementary or
secondary school, public or private college or university, or other
institution of higher education, recreation center or public park,
including state parks and recreation areas, or public housing
project, or in the presence of any child under twelve (12) years of
age, then the sentencing range shall be enhanced by one level on the
sentencing matrices; and
    6.  If the offender committed a Schedule N-2 or N-3 offense of
trafficking, distributing, dispensing, purchasing, transporting with
the intent to distribute, or possessing with the intent to distribute
a controlled dangerous substance, or a synthetic of the controlled
dangerous substance, by using or soliciting the services of a person
less than eighteen (18) years of age, the sentencing range shall be
enhanced by one level on the sentencing matrices, if the offender was
at least eighteen (18) years of age at the time of the offense.
    B.  Every person who, having been previously convicted of an
offense, commits any crime after such conviction, shall be
punishable, upon conviction of a subsequently committed crime, by the
following prior record enhancers:
    1.  If the prior offense is murder in the first degree or any
other offense which is a Schedule A, Schedule N-1, or Schedule S-1
crime then the sentencing range shall be enhanced by six levels on
the sentencing matrices;
    2.  If the prior offense is a Schedule B, Schedule N-2, or
Schedule S-2 crime, then the sentencing range shall be enhanced by
four levels on the sentencing matrices;
    3.  If the prior offense is a Schedule C crime, then the
sentencing range shall be enhanced by two levels on the sentencing
matrices;
    4.  If the prior offense is a Schedule D, Schedule D-1, Schedule
N-3, Schedule N-4, or Schedule S-3 crime, then the sentencing range
shall be enhanced by one level on the sentencing matrices; and
    5.  If the prior offense is a Schedule D-2, Schedule E, Schedule
F, Schedule G, Schedule H, Schedule I-1, Schedule I-2, Schedule I-3,
Schedule N-5, or Schedule S-4 crime, then the sentencing range shall
be enhanced by one level on the sentencing matrices.
    C.  1.  If the person has been previously convicted of two or
more felonies which do not arise out of the same transaction,
occurrence, or series of events closely related in time and location,
the sentencing range shall be enhanced based on each prior
conviction, unless the prior convictions were concurrent sentences.
    2.  If the person has been previously convicted of two or more
felonies which the defendant proved arose out of the same
transaction, occurrence, or series of events closely related in time
and location, the enhanced range of sentence for the current offense
shall be determined on the schedule of punishment for the highest
scheduled prior offense arising from that transaction.
    3.  If the person has been previously convicted of two or more
felonies which did not arise out of the same transaction, occurrence,
or series of events closely related in time and location but were
concurrent sentences, the sentencing range shall be enhanced based on
the maximum prior conviction plus one level.
    D.  No person shall be sentenced with a prior record enhancer
when a period of ten (10) years has elapsed between the date of full
completion of the sentence for the prior conviction and the date of
the commission of the offense sought to be enhanced.  For the purpose
of this subsection, the date of full completion of the prior sentence
shall be computed as though said sentence had been served in full,
and no methods of sentence reduction shall apply towards calculating
this time period.  Provided however, that the ten-year limitation on
a prior conviction shall be tolled by an intervening conviction.
    E.  Unless otherwise provided by law, the enhancements provided
by the Oklahoma Truth in Sentencing Act are cumulative, in that all
applicable level increases are added together to produce the
applicable sentencing range.
    F.  The state is required to provide notice of specific acts or
prior convictions upon which the state will rely at sentencing for
enhancement.  Unless otherwise ordered by the court, the notice shall
be filed by the state not less than thirty (30) days prior to the
trial on the merits.