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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4158 By: Goodwin
AS INTRODUCED
An Act relating to crimes and punishment s; amending
21 O.S. 2021, Section 643, which relates to the use
of force; prohibiting the use of chokeholds by
certain persons; defining terms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 20 21, 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 another is not unlawful in the
following cases:
1. When necessarily committ ed by a public officer in the
performance of any legal duty, or by any other p erson assisting such
officer or acting by such officer's dire ction;
2. When necessarily committed by any person in arresting one
who has committed any felony, and delivering suc h 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 defense, in preventing
or attempting to prevent an offense against such pe rson, 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 suffic ient to prevent such offense;
4. When committed by a parent or the authorize d 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 ch ild, ward,
apprentice or scholar, provid ed restraint or correction has been
rendered necessary by the misconduct of s uch 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 car rier, or by any person assisting them
at their request, in ex pelling 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 offe nding
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 Oklahoma Statutes, a
mentally ill person, insane person or other person of u nsound mind,
including persons temporarily or partially deprived of reason, fr om
committing an act dangerous to such person's self or to an other, or
enforcing such restraint as is necessary for the protection of the
person or for restoration to health, dur ing such period only as
shall be necessary to obtain legal authority for the r estraint 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 se ction, "chokehold", which may also be kno wn
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 breath ing 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 carotid
arteries.
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SECTION 2. This act shall become effective November 1, 2022.
58-2-10101 GRS 01/18/22