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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 2654 By: Echols
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38	38	AS INTRODUCED
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40	40	An Act relating to crimes and punishments; amending
41	41	21 O.S. 2011, Section 142A -3, as amended by Section
42	42	1, Chapter 196, O.S.L. 2014 (21 O.S. Supp. 2020,
43	43	Section 142A-3), which relates to the Oklahoma
44	44	Victim's Rights Act; directing peace officer to
45	45	contact domestic violence intervention program for
46	46	victim under certain circumstances; and providing an
47	47	effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 21 O.S. 2011, Section 142A -3, as
56	56	amended by Section 1, Chapter 196, O.S.L. 2014 (21 O.S. Supp. 2020,
57	57	Section 142A-3), is amended to read as follows:
58	58	Section 142A-3. A. Upon the preliminary investigation of a
59	59	violent crime, it shall be the duty of the officer who interviews
60	60	the victim of such crime to inform the victim, or a responsible
61	61	adult if the victim is a minor child or an incompetent person, or
62	62	the family member who receives death notification in the case of a
63	63	homicide, in writing, of their rights as a crime victim. Written
64	64	notification shall consist of handing the victim, responsible adult,
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91	91	if the victim is a minor child or an incompetent person, or family
92	92	member receiving death notification, a preprinted card or brochure
93	93	that, at a minimum, includes the following information:
94	94	1. A statement that reads, "As a victim of crime, you have
95	95	certain rights";
96	96	2. Telephone and address information for the local Distri ct
97	97	Attorney Victim-Witness Coordinator; and
98	98	3. The website address where victims can access a full list of
99	99	their rights, additional information, and how to apply for crime
100	100	victim compensation assistance.
101	101	B. A victim of domestic abuse has the right to be informed by
102	102	the first peace officer who interviews the victim of domestic abuse
103	103	of the twenty-four-hour statewide telephone communication service
104	104	established by Section 18p -5 of Title 74 of the Oklahoma Statutes
105	105	and to give notice to the victim of certain rights. The notice
106	106	shall consist of handing such victim the following statement:
107	107	"As a victim of domestic abuse, you have certain rights. These
108	108	rights are as follows:
109	109	1. The right to request that charges be pressed against your
110	110	assailant;
111	111	2. The right to request protection from any harm or threat of
112	112	harm arising out of your cooperation with law enforcement and
113	113	prosecution efforts as far as facilities are available and to be
114	114	provided with information on the level of protection available;
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141	141	3. The right to be informed of financial assistance and other
142	142	social services available as a result of being a victim, including
143	143	information on how to apply for the assistance and services; and
144	144	4. The right to file a petition for a protective order or, when
145	145	the domestic abuse occurs when the court is not open for business,
146	146	to request an emergency temporary protective order. "
147	147	C. The victim of rape or forcible sodomy has the right to be
148	148	informed by the officer who interviews the victim of the rape or
149	149	forcible sodomy, or a responsible adult if the victim is a minor
150	150	child or an incompetent person, of the twenty -four-hour statewide
151	151	telephone communication service established by the Office of the
152	152	Attorney General for victims of sexual assault pursuant to Section
153	153	18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the
154	154	victim or such responsible adult of certain rights of the victim.
155	155	The notice shall consist of handing such victim or responsible adult
156	156	a written statement in substantially the following form:
157	157	"As a victim of the crime of rape or forcible sodomy, you have
158	158	certain rights. These rights are as follows:
159	159	1. The right to request that charges be pressed against your
160	160	assailant;
161	161	2. The right to request protection from any harm or threat of
162	162	harm arising out of your cooperation with law enforcement and
163	163	prosecution efforts as far as facilities are available and to be
164	164	provided with information on the level of protection available;
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191	191	3. The right to be informed of financial assistance and other
192	192	social services avail able to victims, including information on how
193	193	to apply for the assistance and services;
194	194	4. The right to a free forensic medical examination; and
195	195	5. The right to be informed by the district attorney of other
196	196	victim's rights available pursuant to Section 1 42A-2 of Title 21 of
197	197	the Oklahoma Statutes. "
198	198	D. Upon the preliminary investigation of a domestic violence
199	199	crime involving intimate partner violence, the first peace officer
200	200	who interviews the victim of domestic abuse shall assess the
201	201	potential for danger by asking a series of questions provided on a
202	202	lethality assessment form. The lethality assessment form shall
203	203	include, but not be limited to, the following questions:
204	204	1. Has the person ever used a weapon against the victim or
205	205	threatened the victim with a weapon?
206	206	2. Has the person threatened to kill the victim or children of
207	207	the victim?
208	208	3. Does the victim think the person will try to kill the
209	209	victim?
210	210	4. Has the person ever tried to choke the victim?
211	211	5. Is the person violently or constantly jealous or do es the
212	212	person control most of the daily activities of the victim?
213	213	6. Has the victim left or separated from the person after
214	214	living together or being married?
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241	241	7. Is the person unemployed?
242	242	8. Has the person ever tried to kill himself or herself?
243	243	9. Does the victim have a child that the person knows is not
244	244	his or her own child?
245	245	10. Does the person follow or spy on the victim or leave the
246	246	victim threatening messages?
247	247	11. Is there anything else that worries the victim about his or
248	248	her safety and if so, wha t worries the victim?
249	249	Based upon the results of the lethality assessment, referrals to
250	250	shelters, domestic violence intervention programs and other social
251	251	services shall be provided to the victim and if the victim screens
252	252	in as positive on the lethality ass essment, the peace officer shall
253	253	call the domestic violence intervention program, relay the responses
254	254	of the victim and offer and encourage the victim to speak to the
255	255	service provider via the telephone .
256	256	SECTION 2. This act shall become eff ective November 1, 2021.
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258	258	58-1-6102 GRS 01/05/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2654 Compare Versions