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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3500 By: McEntire and West (Tammy)
COMMITTEE SUBSTITUTE
An Act relating to crimes and punishment s; amending
21 O.S. 2021, Section 650.7, which relates to
penalties for assault and battery upon a school
employee; modifying penalties; updat ing language for
certain notice; and prov iding an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 650.7, is
amended to read as follows:
Section 650.7 A. As used in this section, "school employee"
means a teacher, principal, or any duly appointed person employed by
a school system or employees of a firm contracting with a school
system for any purpose, including any personnel not directly related
to the teaching process and school board members d uring school board
meetings.
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B. Any person who, without justifiable or excusable cause,
commits any assault, battery, or assault and battery upon the person
of a school employee while such employee is in the performance of
any duties as a school employee or upon any student while such
student is participating in any school activity or attending classes
on school property during school hours shall may, upon conviction,
be guilty of a misdemeanor. The convicted person shall be punished
felony punishable by a term of imprisonment in the county jail
custody of the Depar tment of Corrections for a period not exceeding
one (1) year two (2) years, or by a fine not exceeding Two Thousand
Dollars ($2,000.00), or by both such fine and imprisonment.
C. Any person who, without justifiable or excusable cause,
commits any aggravated batt ery or aggravated assault and battery
upon the person of a school employee while such employee is in the
performance of any duties as a school employee shall, upon
conviction, be guilty o f a felony punishable by a term of
imprisonment in the State Penitentiary custody of the Depar tment of
Corrections for a period not exceeding two (2) five (5) years, or by
a fine not exceeding Five Thousand Dollars ($5,000.00), or by both
such fine and imprisonment.
D. Every school site shall post in a prominent place a no tice
having the following or simila r language: "FELONY CHARGES MAY BE
FILED AGAINST ANY PERSON(S) COMMITTING AN ASSAULT, BATTERY, ASS AULT
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AND BATTERY, AGGRAVATED BATTERY, OR AGGRAVATED ASSAULT OR AND
BATTERY UPON ANY SCHOOL EM PLOYEE."
E. For purposes of this section, "assault" shall be defined by
Section 641 of Title 21 of the Oklahoma Statutes this title,
"battery" shall be defined by Section 642 of Title 21 of the
Oklahoma Statutes this title, and "aggravated assault and battery "
shall be defined by Section 646 of Title 21 of the Oklahoma Statutes
this title.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2022
- DO PASS, As Amended and Coauthored.