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ENGROSSED HOUSE
BILL NO. 1658 By: Brewer and Virgin of the
House
and
Dossett (J.A.) of the
Senate
[ crimes and punishments - peace officers to contact
certified domestic violence intervention program
providers at conclusion of lethali ty assessment -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 142A -3, as
amended by Section 1, Chapter 196, O.S.L. 2014 (21 O.S. Supp. 2020,
Section 142A-3), is amended to read as follows:
Section 142A-3. A. Upon the preliminary investigation of a
violent crime, it shall be the duty of the officer who interviews
the victim of such crime to inform the victim, or a responsible
adult if the victim is a minor child or an incompetent person, or
the family member who receives death notification in the case of a
homicide, in writing, of their rights as a crime victim. Written
notification shall consist of handing the victim, responsible adult,
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if the victim is a minor child or an incompetent person, or family
member receiving death notification, a preprinted card or brochure
that, at a minimum, includes the following information:
1. A statement that reads, "As a victim of crime, you have
certain rights";
2. Telephone and address information for the local District
Attorney Victim-Witness Coordinator; and
3. The website address where victims can access a full list of
their rights, additional information, and how to apply for crime
victim compensation assistance.
B. A victim of domestic abuse has the right to be informed by
the first peace officer who interviews the victim of domestic abuse
of the twenty-four-hour statewide telephone communication service
established by Section 18p -5 of Title 74 of the Oklahoma Statutes
and to give notice to the victim of certain rights. The notice
shall consist of handing such victim the following statement:
"As a victim of domestic abuse, you have certain rights. These
rights are as follows:
1. The right to request that charges be pressed against your
assailant;
2. The right to request protection from any harm or threat of
harm arising out of your cooperation with law enforcement and
prosecution efforts as far as facilities are available and to be
provided with information on the level of protection available;
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3. The right to be informed of financial assistance and other
social services available as a result of being a victim, including
information on how to apply for the assistance and services; and
4. The right to file a petition for a protective order or, when
the domestic abuse occurs when the court is not open for business,
to request an emergency temporary protective order. "
C. The victim of rape or forcible sodomy has the right to be
informed by the officer who interviews the vict im of the rape or
forcible sodomy, or a responsible adult if the victim is a minor
child or an incompetent person, of the twenty -four-hour statewide
telephone communication service established by the Office of the
Attorney General for victims of sexual ass ault pursuant to Section
18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the
victim or such responsible adult of certain rights of the victim.
The notice shall consist of handing such victim or responsible adult
a written statement in sub stantially the following form:
"As a victim of the crime of rape or forcible sodomy, you have
certain rights. These rights are as follows:
1. The right to request that charges be pressed against your
assailant;
2. The right to request protection from an y harm or threat of
harm arising out of your cooperation with law enforcement and
prosecution efforts as far as facilities are available and to be
provided with information on the level of protection available;
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3. The right to be informed of financial ass istance and other
social services available to victims, including information on how
to apply for the assistance and services;
4. The right to a free forensic medical examination; and
5. The right to be informed by the district attorney of other
victim's rights available pursuant to Section 142A -2 of Title 21 of
the Oklahoma Statutes. "
D. Upon the preliminary investigation of a domestic violence
crime involving intimate partner violence, the first peace officer
who interviews the victim of domestic abuse shall assess the
potential for danger by asking a series of questions provided on a
lethality assessment form. The lethality assessment form shall
include, but not be limited to, the following questions:
1. Has the person ever used a weapon against the victim or
threatened the victim with a weapon?
2. Has the person threatened to kill the victim or children of
the victim?
3. Does the victim think the person will try to kill the
victim?
4. Has the person ever tried to choke the victim?
5. Is the person violently or constantly jealous or does the
person control most of the daily activities of the victim?
6. Has the victim left or separated from the person after
living together or being married?
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7. Is the person unemployed?
8. Has the person ever trie d to kill himself or herself?
9. Does the victim have a child that the person knows is not
his or her own child?
10. Does the person follow or spy on the victim or leave the
victim threatening messages?
11. Is there anything else that worries the victim about his or
her safety and if so, what worries the victim?
Based upon the results of the lethality assessment, referrals to
shelters, domestic violence intervention programs and other social
services shall be provided to the victim. In addition, upon
completion of the lethality assessment form the peace officer shall
contact via telephone a local, certified domestic violence
intervention program and communicate the respo nses given by the
victim to the domestic violence intervention program provider. The
peace officer shall encourage the victim to spea k with the program
provider for assistance and information regarding options and
resources available to the victim.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 11th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate