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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 110 By: Standridge
AS INTRODUCED
An Act relating to domestic abuse by stra ngulation;
amending 21 O.S. 2011, Section 644, as last amended
by Section 1, Chapter 200, O.S.L. 2019 (21 O.S. Supp.
2020, Section 644), which relates to assault and
battery; modifying certain sentences and fine; an d
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 644, as last
amended by Section 1, Chapter 200, O.S.L. 2019 (21 O.S. Supp. 2020,
Section 644), is amended to read as follows:
Section 644. A. Assault shall be punishable by imprisonment in
a county jail not exceeding thirty (30) days, or by a fine of not
more than Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
B. Assault and battery shall be punishable by imp risonment in a
county jail not exceeding ninety (90) days, or by a fine o f not more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
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C. Any person who commits any assault and battery against a
current or former intimate partner or a family or household member
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
shall be guilty of domestic abuse . Upon conviction, the defendant
shall be punished by imprisonment in the county jail for not more
than one (1) year, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such f ine and imprisonment. Upon conviction
for a second or subsequent offense, the person shall be punished by
imprisonment in the custody of th e Department of Corrections for not
more than four (4) years, or by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment . The
provisions of Section 51.1 of this title shall apply to any second
or subsequent offense .
D. 1. Any person who, with intent to do bodily harm and
without justifiable or excusable cause, commits any assa ult,
battery, or assault and battery upo n an intimate partner or a family
or household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangero us weapon, upon
conviction, is guilty of domestic assault or domestic ass ault and
battery with a dangerous weapon which shall be a felony and
punishable by imprisonment in the custody of the Department of
Corrections not exceeding ten (10) years, or by imp risonment in a
county jail not exceeding one (1) year. The provisions of Section
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51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph.
2. Any person who, withou t such cause, shoots an intimate
partner or a family or household member as defined by Section 60.1
of Title 22 of the Oklahoma Statutes by means of any deadly weapon
that is likely to produce death shall, upon conviction, be guilty of
domestic assault and battery with a deadly weapon which shall b e a
felony punishable by imprisonment in the custody of the Department
of Corrections not exceeding life. The provisions of Section 51.1
of this title shall apply to any second or subsequent conviction for
a violation of this paragraph.
E. Any person convicted of domestic abuse committed against a
pregnant woman with knowledg e of the pregnancy shall be guilty of a
misdemeanor, punishable by imprisonment in the county jail for not
more than one (1) year.
Any person convicted of a second or subsequent offen se of
domestic abuse against a pregnant woman with knowledge of the
pregnancy shall be guilty of a felony, punishable by imprisonment in
the custody of the Department of Corrections for not less than ten
(10) years.
Any person convicted of domestic abuse c ommitted against a
pregnant woman with knowledge of the pregnancy and a m iscarriage
occurs or injury to the unborn child occurs shall be guilty of a
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felony, punishable by imprisonment in the custody of the Departm ent
of Corrections for not less than twenty (20) years.
F. Any person convicted of domestic abuse as defined in
subsection C of this section that results in great bodily injury to
the victim shall be guilty of a felony and punished by imprisonment
in the custody of the Department of Corrections fo r not more than
ten (10) years, or by imprisonment in the county jail for not more
than one (1) year. The provisions of Section 51.1 of this title
shall apply to any second or subsequent conviction of a violation of
this subsection.
G. Any person convicted of domestic abuse as defined in
subsection C of this section that was committed in the presence of a
child shall be punished by imprisonment in the county jail for not
less than six (6) months nor more than one (1) year, or by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment . Any person convicted of a second or
subsequent domestic abuse as defined in subsection C of this section
that was committed in the presence of a child shall be punished by
imprisonment in the custody of the Department of Corrections for not
less than one (1) year nor more than five (5) years, or by a fine
not exceeding Seven Thousand Dollars ($7,000.00), or by both such
fine and imprisonment . The provisions of Section 51.1 of this title
shall apply to any second or subsequent offense. For every
conviction of a domestic abuse crime in violation of any provision
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of this section committed against an intimate partner or a family or
household member as defined by Section 60.1 of Title 22 of t he
Oklahoma Statutes, the court shall:
1. Specifically order as a condit ion of a suspended or deferred
sentence that a defendant participate in counseling or undergo
treatment to bring about the cessation of dome stic abuse as
specified in paragraph 2 of t his subsection;
2. a. The court shall require the defendant t o complete an
assessment and follow the recommendations of a
batterers' intervention program certified by the
Attorney General. If the defendant is ord ered to
participate in a batterers' intervention program, the
order shall require the defendant to attend the
program for a minimum of fifty-two (52) weeks,
complete the program, and be evaluated before and
after attendance of the program b y program staff.
Three unexcused absences in succession or seven
unexcused absences in a period of fifty-two (52) weeks
from any court-ordered batterers' intervention program
shall be prima facie evidence of the violation of the
conditions of probation for the district a ttorney to
seek acceleration or revocation of any probation
entered by the court.
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b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection . The
counseling may be ordered in addition to counseling
specifically for the treatme nt of domestic abuse or
per evaluation as set forth below . If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic violence treatment
program or licensed professional determines that the
defendant does not evaluate as a perpetrator of
domestic violence or does evaluate as a perpetrator of
domestic violence and should complete other programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limited to
programs related to the mental he alth, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ordered to
complete the counseling as per the recommendations of
the domestic violence treatment program or licensed
professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counsel ing
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program or undergo treatment for domest ic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements .
The court may suspend sentencing of the defend ant
until the defendant has presented proof to the court
of enrollment in a program of treatment for domestic
abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sess ions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the defendant is ordered to
such counseling or treatment . At such time, the court
may complete sentencing, beginning the p eriod of the
sentence from the date that pr oof of enrollment is
presented to the court, and schedule reviews as
required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection . Three
unexcused absences in succession or seven unexcused
absences in a period of fifty -two (52) weeks from any
court-ordered domestic abuse counseling or treatment
program shall be prima facie evidence of the violation
of the conditions of probation for the district
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attorney to seek acceleration or rev ocation of any
probation entered by the cou rt.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and the domest ic
abuse counseling or treatment requiremen ts. The court
shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defen dant attends and fully
complies with the provisions of this subsection an d the domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not
satisfactorily attending indiv idual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, treatment , or
other necessary services. The court may revoke all or any pa rt of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of Title 22 of the Oklahoma Statutes and subject the
defendant to any or all remaining portions of the original sentence;
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6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program . There shall be no re quirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review und er this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1 -8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to refe rees
appointed in juvenile proceedings.
The defendant may be required to pay all or part of the cost of
the counseling or treatment, in the discretion of the court.
H. As used in subsection G of this section, "in the presence of
a child" means in the physical presence of a child; or having
knowledge that a child is present and may see or hear an act of
domestic violence. For the purposes of subsections C and G of this
section, "child" may be any child whether or not related to the
victim or the defendant.
I. For the purposes of subsections C and G of this section, any
conviction for assault and battery against an intimate partner or a
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family or household member as defined by Section 60.1 of Title 22 of
the Oklahoma Statutes shall constitute a sufficient b asis for a
felony charge:
1. If that conviction is rendered in any state , county or
parish court of record of this or any other state; or
2. If that conviction is rendered in any municipal court of
record of this or any other state for which any jail tim e was
served; provided, no conviction in a municipal court of record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felony charge.
J. Any person who commits any assault a nd battery with intent
to cause great bodil y harm by strangulation or attempted
strangulation against an intimate partner or a family or household
member as defined by Section 60.1 of Title 22 of the Oklahoma
Statutes shall, upon conviction, be guilty of d omestic abuse by
strangulation and shall be punished by imprisonment in the custody
of the Department of Corrections for a period of not less than one
(1) year nor more than three (3) ten (10) years, or by a fine of not
more than Three Thousand Dollars ($3 ,000.00) Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment. Upon a second
or subsequent conviction for a violation of this section, the
defendant shall be punished by imprisonment in the custody of the
Department of Corrections for a period of not less than three (3)
years nor more than ten (10) twenty (20) years, or by a fine of not
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more than Twenty Thousand Dollars ($20,000.00), or by both such fine
and imprisonment. The provisions of Section 51.1 of this title
shall apply to any second or subsequent conviction of a violat ion of
this subsection. As used in this subsection, "strangulation" means
any form of asphyxia; including, but not limited to, asphyxia
characterized by closure of the blood vessels or air passages of the
neck as a result of external pressure on the neck or the closure of
the nostrils or mouth as a result of externa l pressure on the head.
K. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an ord er
that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or treatment services ordered as part of
any suspended or deferred sentence or probation; and
3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic a busers, certified by
the Attorney General.
L. There shall be no charge of fees or costs to any victim of
domestic violence, stalking, or sexual assault in connection with
the prosecution of a domestic violence, sta lking, or sexual assault
offense in this state.
M. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
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prosecutor shall provide the court , prior to sentencing or any plea
agreement, a local history and any other available history of past
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violation of a
protective order, or any other violent misdemeanor or felony
convictions.
N. Any plea of guilty or finding of guilt for a violation of
subsection C, F, G, I or J of this section shall constitute a
conviction of the offense for the purpose of this act or any other
criminal statute under which the existence of a prior conv iction is
relevant for a period of ten (1 0) years following the completion of
any court imposed probationary term; provided, the person has not,
in the meantime, been convicted of a misdemeanor involving moral
turpitude or a felony.
O. For purposes of subsection F of this section, "great bodily
injury" means bone fracture, protracted and obvious disfigurement,
protracted loss or impairment of the function of a body part, organ
or mental faculty, or substantial ris k of death.
P. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior c onviction is relevant
for a period of ten ( 10) years following the completion of any
sentence or court imposed probationary term.
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SECTION 2. This act shall become effective November 1, 2021.
58-1-577 BG 12/8/2020 9:41:44 AM