Req. No. 6102 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2654 By: Echols
AS INTRODUCED
An Act relating to crimes and punishments; amending
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), which relates to the Oklahoma
Victim's Rights Act; directing peace officer to
contact domestic violence intervention program for
victim under certain circumstances; and providing an
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,
Req. No. 6102 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Distri ct
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;
Req. No. 6102 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 victim 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 assault 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 substantially 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 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;
Req. No. 6102 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The right to be informed of financial assistance and other
social services avail able 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 1 42A-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 do es 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?
Req. No. 6102 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. Is the person unemployed?
8. Has the person ever tried 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, wha t 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 and if the victim screens
in as positive on the lethality ass essment, the peace officer shall
call the domestic violence intervention program, relay the responses
of the victim and offer and encourage the victim to speak to the
service provider via the telephone .
SECTION 2. This act shall become eff ective November 1, 2021.
58-1-6102 GRS 01/05/21