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Oklahoma House Bill HB1662

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1662 Compare Versions

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29-SENATE FLOOR VERSION
30-April 6, 2021
28+STATE OF OKLAHOMA
3129
30+1st Session of the 58th Legislature (2021)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 1662 By: West (Kevin), Roberts
34+HOUSE BILL 1662 By: West (Kevin), Roberts
3635 (Sean), McDugle, Steagall
3736 and Bashore of the House
3837
3938 and
4039
4140 Dahm and Bullard of the
4241 Senate
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4544
45+
46+COMMITTEE SUBSTITUTE
4647
4748 An Act relating to firearms; amending 21 O.S. 2011,
4849 Section 1289.25, as last amended by Section 1,
4950 Chapter 218, O.S.L. 2018 (21 O.S. Supp. 20 20, Section
5051 1289.25), which relates to the Oklahoma Firearms Act
5152 of 1971; updating statutory refer ence; clarifying
5253 immunity provision for persons asserting claims of
5354 self-defense; authorizing defendants to file mot ions
5455 to dismiss charges under certain circumstances;
5556 granting defendants the right to file interlocutory
5657 appeals after adverse rulings made by the court;
5758 providing parameters for appeal hearings; directing
5859 judges to enter certain order at conclusion of app eal
5960 hearings; providing burden -of-proof standard when
6061 evidence of self-defense is provided in criminal
6162 prosecutions; amending 22 O.S. 2011, Sections 1053
6263 and 1089.1, which relate to appeals taken by the
6364 state or municipality; authorizing appeals by the
6465 state or municipalities under certain circumstances;
6566 granting the state the ri ght to appeal adverse
6667 rulings or orders; and providing an effecti ve date.
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7172 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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9999 SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.25, as
100100 last amended by Section 1, Chapter 218, O.S.L. 2018 (21 O.S. Supp.
101101 2020, Section 1289.25), is amende d to read as follows:
102102 Section 1289.25.
103103 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
104104 A. The Legislature hereby recognizes that t he citizens of the
105105 State of Oklahoma have a right to expect absolute safety within
106106 their own homes, places of business or places of worship and have
107107 the right to establish policies regarding the possession of weapons
108108 on property pursuant to the provisions of Section 1290.22 of this
109109 title.
110110 B. A person, regardless of official capacity or lack of
111111 official capacity, within a place of wor ship or a person, an owner,
112112 manager or employee of a business is presumed to have held a
113113 reasonable fear of imminent peril of death or great bodily harm to
114114 himself or herself or another when using defensive force that is
115115 intended or likely to cause death o r great bodily harm to another
116116 if:
117117 1. a. The person against whom the defensive force was used was
118118 in the process of unlawfu lly and forcefully entering, or had
119119 unlawfully and forcibly entered, a dwelling, residence, occupied
120120 vehicle, place of business or place of worship, or if that person
121121 had removed or was attempting to remove another against the will of
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149148 that person from the dwelling, residence, occupied vehicle, place of
150149 business or place of worship .;
151150 b.
152151 2. The person who uses defensive force knew or h ad reason to
153152 believe that an unlawful and forcible entry or unlawful and forcible
154153 act was occurring or had occurred; or
155154 2. 3. The person who uses defensive force knew or had a
156155 reasonable belief that the person against whom the defensive force
157156 was used entered or was attempting to enter into a dwelling,
158157 residence, occupied vehicle, place of business or place of worship
159158 for the purpose of committing a forcible felony, as defined in
160159 Section 733 of this title, and that the defensive force was
161160 necessary to prevent the commission of the forcible felony.
162161 C. The presumption set forth in subsection B of this section
163162 does not apply if:
164163 1. The person against whom the defensive force is used has the
165164 right to be in or is a lawful resident of the dwelling, residence,
166165 or vehicle, such as an owner, lessee, or titleholder, and there is
167166 not a protective order from domestic violence in effect or a written
168167 pretrial supervision order of no contact against that person;
169168 2. The person or persons sought to be removed are children or
170169 grandchildren, or are otherwise in the lawful custody or under the
171170 lawful guardianship, of, the person against whom the d efensive force
172171 is used; or
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200198 3. The person who uses defensive force is engaged in an
201199 unlawful activity or is using the dwelling, res idence, occupied
202200 vehicle, place of business or place of worship to further an
203201 unlawful activity.
204202 D. A person who is not enga ged in an unlawful activity and who
205203 is attacked in any other place where he or she has a right to be has
206204 no duty to retreat and has the right to stand his or her ground and
207205 meet force with force, including deadly force, if he or she
208206 reasonably believes it is necessary to do so to prevent death or
209207 great bodily harm to himself or herself or another or to prevent the
210208 commission of a forc ible felony.
211209 E. A person who unlawfully and by force enters or attempts to
212210 enter the dwelling, residence, occupied vehicle o f another person,
213211 place of business or place of worship is presumed to be doing so
214212 with the intent to commit an unlawful act involv ing force or
215213 violence.
216214 F. 1. A person who uses defensive force, as permitted pursuant
217215 to the provisions of subsections A, B, D and E of this section, is
218216 justified in using such defensive force and is immune from shall not
219217 be subject to criminal prosecution and civil action for the use of
220218 such defensive force , unless the force is determined to be unlawful .
221219 2. At least ten (10) days prior to the preliminary hearing in a
222220 case where a defendant has been charged and is subject to criminal
223221 prosecution for the unlawful use of defensive force, the defendant
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251248 may file a motion to dismiss the charges based on a claim that under
252249 the provisions of this section, the d efendant is not subject to
253250 criminal prosecution. If the court denies the motion to dismiss,
254251 the defendant shall have the right to file an interlocutory appeal
255252 on the ruling made by the court to the district court judge or
256253 associate district court judge ha ving jurisdiction over the case.
257254 3. The appeal hearing before the district court judge or
258255 associate district court judge shall address whe ther the defensive
259256 force used by the defendant was unlawful or justified and permitted
260257 pursuant to the provisions of this section.
261258 4. If, after the appeal hearing, the district court judge or
262259 associate district court ju dge concludes that the defensive for ce
263260 used was justified and permitted under the provisions of this
264261 section, the judge shall enter a written order containing findings
265262 of fact and conclusions of law that the defendant is not subject to
266263 criminal prosecution and that criminal charges and proceedings shall
267264 be dismissed and shall not be filed unless newly discovered evidence
268265 or evidence not known to the prosecution at the time is found or
269266 discovered.
270267 5. If, after the appeal hearing, the district court judge or
271268 associate district court judge concludes that the defensi ve force
272269 used was not justified and was thereby unlawful, the judge shall
273270 enter an order binding the defendant over for trial.
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301297 6. Once prima facie evidence of justified self-defense has been
302298 raised by the defendant, the State of Oklahoma shall be required to
303299 prove by clear and convincing evidence that the defensive force used
304300 was not justified and was thereby unlawful.
305301 7. As used in this subsection, the term “criminal prosecution ”
306302 includes charging or prosecuting the defendant.
307303 G. A law enforcement agency may use standard procedures for
308304 investigating the use of defensive force, but the law enforcement
309305 agency may not arrest the person for usi ng defensive force unless it
310306 determines that there is pr obable cause that the defensive force
311307 that was used was unlaw ful.
312308 H. The court shall award reasonable attorney fees, court costs,
313309 compensation for loss of income, and all expenses incurred by the
314310 defendant in defense of any civil action brought by a plain tiff if
315311 the court finds that the defendant is immune from not subject to
316312 prosecution as provided in subsection F of this section.
317313 I. The provisions of this section and the provisions of the
318314 Oklahoma Self-Defense Act shall not be construed to require any
319315 person using a weapon pursuant to the provisions of this secti on to
320316 be licensed in any manner.
321317 J. A person pointing a weapon at a perpetrator in self -defense
322318 or in order to thwart, stop or deter a for cible felony or attempted
323319 forcible felony shall not be d eemed guilty of committing a criminal
324320 act.
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352347 K. As used in this section:
353348 1. “Defensive force” includes, but shall not be limited to,
354349 pointing a weapon at a perpetrator in self -defense or in order to
355350 thwart, stop or deter a forcible felony or attempted forc ible
356351 felony;
357352 2. “Dwelling” means a building or conveyance of any kind,
358353 including any attached porch, whether the building or conveyance is
359354 temporary or permanent, mobile or immobile, which has a roof over
360355 it, including a tent, and is designed to be occupi ed by people;
361356 3. “Place of worship” means:
362357 a. any permanent building, structure, facility or office
363358 space owned, leased, rented or borrowed, on a full -
364359 time basis, when used for worship services, acti vities
365360 and business of the congregation, which may inclu de,
366361 but is not be limited to, churches, temples,
367362 synagogues and mosques, and
368363 b. any permanent building, structure, facility or office
369364 space owned, leased, rented or borrowed for use on a
370365 temporary basis, when used for worship services,
371366 activities and busin ess of the congregation including,
372367 which may include, but is not limited to, churches,
373368 temples, synagogues and mosques;
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401395 4. “Residence” means a dwelling in which a person resides
402396 either temporarily or permanently or is visiting as an invited
403397 guest; and
404398 5. “Vehicle” means a conveyance of any kind, whether or not
405399 motorized, which is designed to transport people or property.
406400 SECTION 2. AMENDATORY 22 O.S. 2011, Section 1053, is
407401 amended to read as follows:
408402 Section 1053. Appeals to the Court of Criminal Appeals may be
409403 taken by the state or a mun icipality in the following cases and no
410404 other:
411405 1. Upon judgment for the defendant on quashing or setting aside
412406 an indictment or informatio n;
413407 2. Upon an order of the court arresting the judgment ;
414408 3. Upon a question reserved by the state or a municipality ;
415409 4. Upon judgment for the defendant on a motion to quash for
416410 insufficient evidence in a felony matter;
417411 5. Upon a pretrial order, decisio n, or judgment suppressing or
418412 excluding evidence where a ppellate review of the issue would be in
419413 the best interests o f justice; and
420414 6. Upon a pretrial order, decision or judgment suppressing or
421415 excluding evidence in cases alleging violation of any provisi ons of
422416 Section 13.1 of Title 21 of the Oklahoma Statutes ; and
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450443 7. Upon a pretrial order, decision or judgment finding that a
451444 defendant is not subject to criminal prosecution under the
452445 provisions of Section 1289.25 of Title 21 of the Oklahoma Statutes .
453446 Priority shall be given to appeals taken pursuant to paragra ph 5
454447 or 6 of this section, and an order staying proceedings s hall be
455448 entered pending the outcome of the appeal.
456449 SECTION 3. AMENDATORY 22 O.S. 2011, Section 1089.1, is
457450 amended to read as follows:
458451 Section 1089.1. The State of Oklahoma, by and through the
459452 district attorney or Attorney General, shall have the right to
460453 appeal an adverse ruling or order of a magistrate sustaining:
461454 1. Sustaining a motion to suppress evidence , quashing;
462455 2. Quashing an information, sustaining;
463456 3. Sustaining a plea to the jurisdiction of the court , failing;
464457 4. Failing to find prosecutive merit in a hearing pursuant to
465458 Section 2-2-403 of Title 10A of the Oklahoma Statutes , sustaining;
466459 5. Sustaining a demurrer to the information , binding;
467460 6. Binding the defendant over for trial on a charge other than
468461 the charge for the original offense , or discharging;
469462 7. Discharging a defendant at the preliminary examination
470463 because of insufficiency of the evidence to establish either that a
471464 crime has been committed or that there is probable cause to believe
472465 that the accused has c ommitted a felony; or
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500492 8. Discharging a defendant on a finding that the defendant is
501493 not subject to criminal prosecution under the provisio ns of Section
502494 1289.25 of Title 21 of the Oklahoma Statu tes.
503495 Such an appeal shall be taken in accordance with the proc edures
504496 provided in this act.
505497 SECTION 4. This act shall become effective November 1, 2021.
506-COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
507-April 6, 2021 - DO PASS AS AMENDED
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