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SENATE FLOOR VERSION
April 6, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1662 By: West (Kevin), Roberts
(Sean), McDugle, Steagall
and Bashore of the House
and
Dahm and Bullard of the
Senate
An Act relating to firearms; amending 21 O.S. 2011,
Section 1289.25, as last amended by Section 1,
Chapter 218, O.S.L. 2018 (21 O.S. Supp. 20 20, Section
1289.25), which relates to the Oklahoma Firearms Act
of 1971; updating statutory refer ence; clarifying
immunity provision for persons asserting claims of
self-defense; authorizing defendants to file mot ions
to dismiss charges under certain circumstances;
granting defendants the right to file interlocutory
appeals after adverse rulings made by the court;
providing parameters for appeal hea rings; directing
judges to enter certain order at conclusion of app eal
hearings; providing burden -of-proof standard when
evidence of self-defense is provided in criminal
prosecutions; amending 22 O.S. 2011, Sections 1053
and 1089.1, which relate to appeals taken by the
state or municipality; authorizing appeals by the
state or municipalities under certain circumstances;
granting the state the ri ght to appeal adverse
rulings or orders; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.25, as
last amended by Section 1, Chapter 218, O.S.L. 2018 (21 O.S. Supp.
2020, Section 1289.25), is amende d to read as follows:
Section 1289.25.
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. The Legislature hereby recognizes that t he citizens of the
State of Oklahoma have a right to expect absolute safety within
their own homes, places of business or places of worship and have
the right to establish policie s regarding the possession of weapons
on property pursuant to the provisions of Section 1290.22 of this
title.
B. A person, regardless of official capacity or lack of
official capacity, within a place of wor ship or a person, an owner,
manager or employee of a business is presumed to have held a
reasonable fear of imminent peril of death or great bodily harm to
himself or herself or another when using defensive force that is
intended or likely to cause death o r great bodily harm to another
if:
1. a. The person against whom the defensive force was used was
in the process of unlawfu lly and forcefully entering, or had
unlawfully and forcibly entered, a dwelling, residence, occupied
vehicle, place of business or place of worship, or if that person
had removed or was attempting to remove another against the will of
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that person from the dwelling, residence, occupied vehicle, place of
business or place of worship .;
b.
2. The person who uses defensive force knew or h ad reason to
believe that an unlawful and forcib le entry or unlawful and forcible
act was occurring or had occurred; or
2. 3. The person who uses defensive force knew or had a
reasonable belief that the person against whom the defensive force
was used entered or was attempting to enter into a dwelling,
residence, occupied vehicle, place of business or place of worship
for the purpose of committing a forcible felony, as defined in
Section 733 of this title, and that the defensive force was
necessary to prevent the commission of the forcible felony.
C. The presumption set forth in subsection B of this section
does not apply if:
1. The person against whom the defensive force is used has the
right to be in or is a lawful resident of the dwelling, residence,
or vehicle, such as an owner, lessee, or titlehol der, and there is
not a protective order from domestic violence in effect or a written
pretrial supervision order of no contact against that person;
2. The person or persons sought to be removed are children or
grandchildren, or are otherwise in the lawfu l custody or under the
lawful guardianship, of, the person against whom the d efensive force
is used; or
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3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwelling, res idence, occupied
vehicle, place of business or p lace of worship to further an
unlawful activity.
D. A person who is not enga ged in an unlawful activity and who
is attacked in any other place where he or she has a right to be has
no duty to retreat and has the right to stand his or her ground and
meet force with force, including deadly force, if he or she
reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the
commission of a forc ible felony.
E. A person who unlawfully and by force enters or attempts to
enter the dwelling, residence, occupied vehicle o f another person,
place of business or place of worship is presumed to be doing so
with the intent to commit an unlawful act involv ing force or
violence.
F. 1. A person who uses defensive force, as permitted pursuant
to the provisions of subsections A, B, D and E of this section, is
justified in using such defensive force and is immune from shall not
be subject to criminal prosecution and civil action for the use of
such defensive force, unless the force is determined to be unlawful .
2. At least ten (10) days prior to the preliminary hearing in a
case where a defendant has been charged and is subject to criminal
prosecution for the unlawful use of defensive force, the defendant
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may file a motion to dismiss the charges based on a claim that under
the provisions of this section, the d efendant is not subject to
criminal prosecution. If the court denies the motion to dismiss,
the defendant shall have the right to file an interlocutory appeal
on the ruling made by the court to the district court judge or
associate district court judge ha ving jurisdiction over the case.
3. The appeal hearing before the district court judge or
associate district court judge shall address whe ther the defensive
force used by the defendant was unlawful or justified and permitted
pursuant to the provisions of this section.
4. If, after the appeal hearing, the district court judge or
associate district court ju dge concludes that the defensive for ce
used was justified and permitted under the provisions of this
section, the judge shall enter a written order containing findings
of fact and conclusions of law that the defendant is not subject to
criminal prosecution and that criminal charges and proceedings shall
be dismissed and shall not be filed unless newly discovered evidence
or evidence not known to the prosecution at the time is found or
discovered.
5. If, after the appeal hearing, the district court judge or
associate district court judge concludes that t he defensive force
used was not justified and was thereby unlawful, the judge shall
enter an order binding the defendant over for trial.
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6. Once prima facie evidence of justified self-defense has been
raised by the defendant, the State of Oklahoma shall b e required to
prove by clear and convincing evidence that the defensive force used
was not justified and was thereby unlawful.
7. As used in this subsection, the term “criminal prosecution ”
includes charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but the law enforcement
agency may not arrest the person for usi ng defensive force unless it
determines that there is pr obable cause that the defensive force
that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plain tiff if
the court finds that the defendant is immune from not subject to
prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisions of this section to
be licensed in any manner.
J. A person pointing a weapon at a perpetrator in self -defense
or in order to thwart, stop or deter a for cible felony or attempted
forcible felony shall not be d eemed guilty of committing a criminal
act.
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K. As used in this section:
1. “Defensive force” includes, but shall not be limited to,
pointing a weapon at a perpetrator in self -defense or in order to
thwart, stop or deter a forcible felony or attempted forc ible
felony;
2. “Dwelling” means a building or co nveyance of any kind,
including any attached porch, whether the building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over
it, including a tent, and is designed to be occupi ed by people;
3. “Place of worship” means:
a. any permanent building, structure, facility or office
space owned, leased, rented or borrowed, on a full -
time basis, when used for worship services, acti vities
and business of the congregation, which may inclu de,
but is not be limited to, churches, temples,
synagogues and mosques, and
b. any permanent building, structure, facility or office
space owned, leased, rented or borrowed for use on a
temporary basis, when used for worship services,
activities and busin ess of the congregation including,
which may include, but is not limited to, churches,
temples, synagogues and mosques;
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4. “Residence” means a dwelling in which a person resides
either temporarily or permanently or is visiting as an invited
guest; and
5. “Vehicle” means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.
SECTION 2. AMENDATORY 22 O.S. 2011, Section 1053, is
amended to read as follows:
Section 1053. Appeals to the Court of Criminal Appeals may be
taken by the state or a municipality in the following cases and no
other:
1. Upon judgment for the defendant on quashing or setting aside
an indictment or informatio n;
2. Upon an order of the court arresting the judgment ;
3. Upon a question reserved by the state or a m unicipality;
4. Upon judgment for the defendant on a motion to quash for
insufficient evidence in a felony matter;
5. Upon a pretrial order, decisio n, or judgment suppressing or
excluding evidence where a ppellate review of the issue would be in
the best interests of justice; and
6. Upon a pretrial order, decision or judgment suppressing or
excluding evidence in cases alleging violation of any provisi ons of
Section 13.1 of Title 21 of the Oklahoma Statutes ; and
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7. Upon a pretrial order, decision or judgment finding that a
defendant is not subject to criminal prosecution under the
provisions of Section 1289.25 of Title 21 of the Oklahoma Statutes .
Priority shall be given to appeals taken pursuant to paragra ph 5
or 6 of this section, and an order staying pr oceedings shall be
entered pending the outcome of the appeal.
SECTION 3. AMENDATORY 22 O.S. 2011, Section 1089.1, is
amended to read as follows:
Section 1089.1. The State of Oklahoma, by and through the
district attorney or Attor ney General, shall have the right to
appeal an adverse ruling or order of a magistrate sustaining:
1. Sustaining a motion to suppress evidence , quashing;
2. Quashing an information, sustaining;
3. Sustaining a plea to the jurisdiction of the court , failing;
4. Failing to find prosecutive merit in a hearing pursuant to
Section 2-2-403 of Title 10A of the Oklahoma Statutes , sustaining;
5. Sustaining a demurrer to the information , binding;
6. Binding the defendant over for trial on a charge other than
the charge for the original offense, or discharging;
7. Discharging a defendant at the preliminary examination
because of insufficiency of the evidence to establish either that a
crime has been committed or that there is probable cause to believe
that the accused has committed a felony; or
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8. Discharging a defendant on a finding that the defendant is
not subject to criminal prosecution under the provisio ns of Section
1289.25 of Title 21 of the Oklahoma Statu tes.
Such an appeal shall be taken in accordance w ith the procedures
provided in this act.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 6, 2021 - DO PASS AS AMENDED