Oklahoma 2024 Regular Session

Oklahoma House Bill HB1639

Introduced
2/6/23  
Refer
2/7/23  
Refer
2/20/23  
Report Pass
3/1/23  
Engrossed
3/23/23  
Refer
3/30/23  

Caption

Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.

Impact

The implementation of HB 1639 is anticipated to create a more nuanced approach to sentencing, especially for domestic violence-related crimes. It will require courts to consider a wider range of factors when determining sentences, particularly in cases where self-defense is a plausible argument due to a history of abuse. Furthermore, the bill stipulates that certain legal professionals, including district attorneys and public defenders, must receive annual training tailored to domestic violence issues. This aims to better equip them in handling cases sensitively and knowledgeably, ultimately improving judicial outcomes for survivors.

Summary

House Bill 1639, known as the Oklahoma Domestic Abuse Survivorship Act, establishes significant changes to the legal framework regarding how courts approach sentencing for individuals charged with crimes related to domestic abuse. The bill requires courts to consider a defendant's history as a survivor of domestic abuse as a mitigating factor during sentencing. If the defendant can provide evidence that they were abused by the person they are charged with defending against, they may receive a more lenient sentence. This acknowledges the complex dynamics of domestic abuse and aims to offer some protection and understanding towards those who act out of self-defense.

Sentiment

The sentiment around HB 1639 is largely supportive within advocacy circles for domestic abuse survivors. Proponents argue that the bill reflects a necessary shift towards understanding the complex realities of domestic abuse and recognizes the legal system's historical shortcomings in addressing these cases. Critics, however, express concerns regarding the burden of proof placed on defendants to provide evidence, which they argue may complicate the legal process further and lead to heightened difficulties in securing fair trials for those accused. Nonetheless, the overall perception of the bill aligns with a progressive approach to justice.

Contention

A notable contentious point surrounds the requirement for defendants to present solid evidence of their victimization, as this could impose challenges for many. Critics assert that placing the onus on the survivor could dissuade them from pursuing justice, fearing the possible repercussions of reliving traumatic experiences in court. The effective date of the law, set for November 1, 2023, also raises questions about its timely implementation and whether appropriate training for legal professionals will coincide effectively.

Companion Bills

OK HB1639

Carry Over Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.

Previously Filed As

OK HB1639

Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.

OK SB68

Sentencing proceedings; modifying eligibility requirements for jury resentencing. Effective date.

OK HB2649

Community sentencing; expanding purpose of the Oklahoma Community Sentencing Act; effective date.

OK HB2210

Juveniles; authorizing courts to depart from certain sentencing requirements; codification; effective date.

OK HB2371

Criminal procedure; declaring sentencing options inapplicable unless certain findings of fact are made by the court; effective date.

OK SB1046

Domestic abuse; making first offense of domestic abuse against a pregnant woman a felony. Emergency

OK HB2789

Protective orders and stalking; clarifying who is authorized to seek relief under the Protection from Domestic Abuse Act; effective date.

OK SB153

Sentencing of juveniles; prohibiting imposition of certain terms of imprisonment for juveniles. Effective date.

OK HB2437

Crimes and punishments; providing sentencing option for certain defendants; effective date.

OK SB856

Child sexual exploitation; modifying certain life without parole sentencing; requiring certain punishments; requiring certain advisement; defining term; modifying certain confinement criteria. Effective date.

Similar Bills

OK HB1316

Prosecuting attorneys; creating the Prosecuting Attorneys Oversight Commission; stating purpose of the Commission; codification; effective date.

OK SB1323

District attorneys; authorizing retention or transfer of certain items upon retirement; authorizing purchase of sidearms. Effective date.

OK SB65

Controlled dangerous substances; authorizing destruction of certain substances by certain individuals. Effective date.

OK SB1874

Uniform Controlled Dangerous Substances Act; authorizing destruction of certain substances by certain entities. Effective date.

OK SB499

Attorney General; granting certain authority to the Attorney General. Emergency.

OK SB499

Attorney General; granting certain authority to the Attorney General. Emergency.

OK HB1581

Children; Oklahoma Children's Code; entity; council; agreement; annual membership; good standing; Oklahoma Human Services; Child Abuse Multidisciplinary Team Account; documentation; report; funds; contract; rules; Oklahoma Multidisciplinary Team Council; membership; duties; Child Abuse Training and Coordination Council; codification; effective date.

OK HB1639

Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.