Oklahoma 2022 Regular Session

Oklahoma House Bill HB2915 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2915 By: Goodwin
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38	38	AS INTRODUCED
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40	40	An Act relating to crimes and punishment s; amending
41	41	21 O.S. 2011, Section 643, as amended by Section 17,
42	42	Chapter 475, O.S.L. 2019 (21 O.S. Supp. 2020, Section
43	43	643), which relates to the use of force; prohibiting
44	44	the use of chokeholds; defining term; and providing
45	45	an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 21 O.S. 2011, Section 643, as
52	52	amended by Section 17, Chapter 475, O.S.L. 2019 (21 O.S. Supp. 2020,
53	53	Section 643), is amended to read as follows:
54	54	Section 643. A. To use or to attempt to offer to use force or
55	55	violence upon or toward the person of anothe r is not unlawful in the
56	56	following cases:
57	57	1. When necessarily committed by a public officer in the
58	58	performance of any legal duty, or by any other person assisting such
59	59	officer or acting by such officer's direction;
60	60	2. When necessarily committed by any pe rson in arresting one
61	61	who has committed any felony, and delivering such person to a public
62	62	officer competent to receive such person in custody;
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89	89	3. When committed either by the person about to be injured, or
90	90	by any other person in such person's aid or defe nse, in preventing
91	91	or attempting to prevent an offense against such person, or any
92	92	trespass or other unlawful interference with real or personal
93	93	property in such person's lawful possession; provided the force or
94	94	violence used is not more than sufficient to prevent such offense;
95	95	4. When committed by a parent or the authorized agent of any
96	96	parent, or by any guardian, master or teacher, in the exercise of a
97	97	lawful authority to restrain or correct such person's child, ward,
98	98	apprentice or scholar, provided rest raint or correction has been
99	99	rendered necessary by the misconduct of such child, ward, apprentice
100	100	or scholar, or by the child's refusal to obey the lawful command of
101	101	such parent or authorized agent or guardian, master or teacher, and
102	102	the force or violence used is reasonable in manner and moderate in
103	103	degree;
104	104	5. When committed by a carrier of passengers, or the authorized
105	105	agents or servants of such carrier, or by any person assisting them
106	106	at their request, in expelling from any carriage, railroad car,
107	107	vessel or other vehicle, any passenger who refuses to obey a lawful
108	108	and reasonable regulation prescribed for the conduct of passengers,
109	109	if such vehicle has first been stopped and the force and violence
110	110	used is not more than is sufficient to expel the offending
111	111	passenger, with a reasonable regard to such passenger's personal
112	112	safety; and
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139	139	6. When committed by any person in preventing a person who is
140	140	impaired by reason of intellectual or developmental disability as
141	141	defined by Section 1430.2 of Title 10 of the Oklaho ma Statutes, a
142	142	mentally ill person, insane person or other person of unsound mind,
143	143	including persons temporarily or partially deprived of reason, from
144	144	committing an act dangerous to such person's self or to another, or
145	145	enforcing such restraint as is necess ary for the protection of the
146	146	person or for restoration to health, during such period only as
147	147	shall be necessary to obtain legal authority for the restraint or
148	148	custody of the person.
149	149	B. Under no circumstances shall a peace officer, public
150	150	officer, correctional officer, or any person acting on command by a
151	151	peace officer, public officer or correctional officer for aid and
152	152	assistance, be authorized to use a chokehold upon another person.
153	153	For purposes of this section, "chokehold" , which may also be known
154	154	as an "air choke", means a method by which a person applies
155	155	sufficient pressure to a person which makes breathing difficult or
156	156	impossible and includes, but is not limited to, any pressure to the
157	157	neck, throat or windpipe that may prevent or hinder breathing or
158	158	reduce intake of air. The term also includes "blood choke" or
159	159	"carotid restraint", which means applying pressure to the neck of a
160	160	person on either side of the windpipe, but not to the windpipe
161	161	itself, which stops the flow of blood to the brain via the car otid
162	162	arteries.
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189	189	SECTION 2. This act shall become effective November 1, 2021.
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191	191	58-1-5079 GRS 01/20/21