Oklahoma 2022 Regular Session

Oklahoma House Bill HB3500 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB3500 HFLR Page 1
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	3	+	Req. No. 10878 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
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33	30		2nd Session of the 58th Legislature (2022)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37		-	HOUSE BILL NO. 3500 By: McEntire ~~and West (Tammy)~~
	34	+	HOUSE BILL NO. 3500 By: McEntire
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43	40		COMMITTEE SUBSTITUTE
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45	42		An Act relating to crimes and punishments; amending
46	43		21 O.S. 2021, Section 650.7, which relates to
47	44		penalties for assault and battery upon a school
48	45		employee; modifying penalties; updat ing language for
49	46		certain notice; and prov iding an effective date.
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57	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
58	55		SECTION 1. AMENDATORY 21 O.S. 2021, Section 650.7, is
59	56		amended to read as follows:
60	57		Section 650.7 A. As used in this section, "school employee"
61	58		means a teacher, principal, or any duly appointed person employed by
62	59		a school system or employees of a firm contracting with a school
63	60		system for any purpose, including any personnel not directly related
64	61		to the teaching process and school board members d uring school board
65	62		meetings.
	63	+	B. Any person who, without justifiable or excus able cause,
	64	+	commits any assault, battery, or assault and battery upon the person
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67		-	HB3500 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	66	+	Req. No. 10878 Page 2 1
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93		-	B. Any person who, without justifiable or excusable cause,
94		-	commits any assault, battery, or assault and battery upon the person
95	91		of a school employee while such employee is in the performance of
96	92		any duties as a school employee or upon any student while such
97	93		student is participating in any school activit y or attending classes
98	94		on school property during school hours shall may, upon conviction,
99	95		be guilty of a misdemeanor. The convicted person shall be punished
100	96		felony punishable by a term of imprisonment in the county jail
101	97		custody of the Depar tment of Corrections for a period not exceeding
102	98		one (1) year two (2) years, or by a fine not exceeding Two Thousand
103	99		Dollars ($2,000.00), or by both such fine and imprisonment.
104	100		C. Any person who, without justifiable or excusable cause,
105	101		commits any aggravated battery or aggravated assault and battery
106	102		upon the person of a school employee while such employee is in the
107	103		performance of any duties as a school employee shall, upon
108	104		conviction, be guilty o f a felony punishable by a term of
109	105		imprisonment in the State Penitentiary custody of the Depar tment of
110	106		Corrections for a period not exceeding two (2) five (5) years, or by
111	107		a fine not exceeding Five Thousand Dollars ($5,000.00), or by both
112	108		such fine and imprisonment.
113	109		D. Every school site shall post in a prominent place a notice
114	110		having the following or simila r language: "FELONY CHARGES MAY BE
115	111		FILED AGAINST ANY PERSON(S) COMMITTING AN ASSAULT, BATTERY, ASS AULT
	112	+	AND BATTERY, AGGRAVATED BATTERY, OR AGGRAVATED ASSAULT OR AND
	113	+	BATTERY UPON ANY SCHOOL EM PLOYEE."
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117		-	HB3500 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	115	+	Req. No. 10878 Page 3 1
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143		-	AND BATTERY, AGGRAVATED BATTERY, OR AGGRAVATED ASSAULT OR AND
144		-	BATTERY UPON ANY SCHOOL EM PLOYEE."
145	140		E. For purposes of this section, "assault" shall be defined by
146	141		Section 641 of Title 21 of the Oklahoma Statutes this title,
147	142		"battery" shall be defined by Section 642 of Title 21 of the
148	143		Oklahoma Statutes this title, and "aggravated assault and battery "
149	144		shall be defined by Section 646 of Title 21 of the Oklahoma Statutes
150	145		this title.
151	146		SECTION 2. This act shall become effective November 1, 2022.
152	147
153		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2022
154		-	- DO PASS, As Amended and Coauthored.
	148	+	58-2-10878 MJ 03/02/22
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