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