Oklahoma 2022 Regular Session

Oklahoma House Bill HB4158 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	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 4158 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. 2021, Section 643, which relates to the use
42	42	of force; prohibiting the use of chokeholds by
43	43	certain persons; defining terms; and providing an
44	44	effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 21 O.S. 20 21, Section 643, is
54	54	amended to read as follows:
55	55	Section 643. A. To use or to attempt to offer to use force or
56	56	violence upon or toward the person of another is not unlawful in the
57	57	following cases:
58	58	1. When necessarily committ ed by a public officer in the
59	59	performance of any legal duty, or by any other p erson assisting such
60	60	officer or acting by such officer's dire ction;
61	61	2. When necessarily committed by any person in arresting one
62	62	who has committed any felony, and delivering suc h person to a public
63	63	officer competent to receive such person in custody;
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90	90	3. When committed either by the person about to be injured, or
91	91	by any other person in such person's aid or defense, in preventing
92	92	or attempting to prevent an offense against such pe rson, or any
93	93	trespass or other unlawful interference with real or personal
94	94	property in such person's lawful possession; provided the force or
95	95	violence used is not more than suffic ient to prevent such offense;
96	96	4. When committed by a parent or the authorize d agent of any
97	97	parent, or by any guardian, master or teacher, in the exercise of a
98	98	lawful authority to restrain or correct such person's ch ild, ward,
99	99	apprentice or scholar, provid ed restraint or correction has been
100	100	rendered necessary by the misconduct of s uch child, ward, apprentice
101	101	or scholar, or by the child's refusal to obey the lawful command of
102	102	such parent or authorized agent or guardian , master or teacher, and
103	103	the force or violence used is reasonable in manner and moderate in
104	104	degree;
105	105	5. When committed by a carrier of passengers, or the authorized
106	106	agents or servants of such car rier, or by any person assisting them
107	107	at their request, in ex pelling from any carriage, railroad car,
108	108	vessel or other vehicle, any passenger who refuses to obey a lawful
109	109	and reasonable regulation prescribed for the conduct of passengers,
110	110	if such vehicle has first been stopped and the force and violence
111	111	used is not more than is sufficient to expel the offe nding
112	112	passenger, with a reasonable regard to such passenger's personal
113	113	safety; and
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140	140	6. When committed by any person in preventing a person who is
141	141	impaired by reason of intellectual or developmental disability as
142	142	defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, a
143	143	mentally ill person, insane person or other person of u nsound mind,
144	144	including persons temporarily or partially deprived of reason, fr om
145	145	committing an act dangerous to such person's self or to an other, or
146	146	enforcing such restraint as is necessary for the protection of the
147	147	person or for restoration to health, dur ing such period only as
148	148	shall be necessary to obtain legal authority for the r estraint or
149	149	custody of the person.
150	150	B. Under no circumstances shall a peace officer, public
151	151	officer, correctional officer, or any person acting on command by a
152	152	peace officer, public officer, or correctional officer for aid and
153	153	assistance, be authorized to use a chokehold upon another person.
154	154	For purposes of this se ction, "chokehold", which may also be kno wn
155	155	as an "air choke", means a method by which a person applies
156	156	sufficient pressure to a person which makes breathing difficult or
157	157	impossible and includes, but is not limited to, any pressure to the
158	158	neck, throat, or windpipe that may prevent or hinder breath ing or
159	159	reduce intake of air. The term also includes "blood choke" or
160	160	"carotid restraint", which means applying pressure to the neck of a
161	161	person on either side of the windpipe, but not to the windpipe
162	162	itself, which stops the flow of blood to the brain via the carotid
163	163	arteries.
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190	190	SECTION 2. This act shall become effective November 1, 2022.
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192	192	58-2-10101 GRS 01/18/22