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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 111 By: Standridge
AS INTRODUCED
An Act relating to crime and punishment; amending 21
O.S. 2011, Section 13.1, as l ast amended by Section
1, Chapter 290, O.S.L. 2015 (21 O.S. Supp. 2020,
Section 13.1), which relates to required service of
minimum percentage of sentence; modifying inclusions;
amending 21 O.S. 2011, Section 644, a s last amended
by Section 1, Chapter 200, O.S.L. 2019 (21 O.S. Supp.
2020, Section 644), which relates to assault, assault
and battery and domestic abuse; modifying certain
offense; modifying certain penalty; amending 57 O.S.
2011, Section 571, as last ame nded by Section 1,
Chapter 28, O.S.L. 2020 (57 O.S. Supp. 2020, Section
571), which relates to definitions; modifying
inclusions; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Sectio n 13.1, as
last amended by Section 1, Chapter 290, O.S.L. 2015 (21 O.S. Supp.
2020, Section 13.1), is amended to read as follows:
Section 13.1. Persons convicted of:
1. First degree murder as defined in Section 701.7 of this
title;
2. Second degree murd er as defined by Section 701.8 of this
title;
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3. Manslaughter in the first degree as defined by Section 711
of this title;
4. Poisoning with intent to kill as defined by Section 651 of
this title;
5. Shooting with intent to kill, use of a vehicle to fac ilitate
use of a firearm, crossbow or other weapon, assault, battery, or
assault and battery with a deadly weapon or by other means li kely to
produce death or great bodily harm, as provided for in Section 652
of this title;
6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as defined by Section 800 of this title;
8. Robbery with a dangero us weapon as defined in Section 801 of
this title;
9. First degree robbery as defined in Section 797 of this
title;
10. First degree rape as provided for in Section 1111, 1114 or
1115 of this title;
11. First degree arson as defined in Section 1401 of t his
title;
12. First degree burglary as provided for in Section 1436 of
this title;
13. Bombing as defined in Section 17 67.1 of this title;
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14. Any crime against a child provided for in Section 843.5 of
this title;
15. Forcible sodomy as defined in Sec tion 888 of this title;
16. Child pornography or aggravated child pornography as
defined in Section 1021.2, 1021.3, 1024. 1, 1024.2 or 1040.12a of
this title;
17. Child prostitution as defined in Section 1030 of this
title;
18. Lewd molestation of a chil d as defined in Section 1123 of
this title;
19. Abuse of a vulnerable adult as defined in Section 10 -103 of
Title 43A of the Oklahoma Statutes who is a resident of a nursin g
facility;
20. Aggravated trafficking as provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery upon any person defending
another person from assault and battery; or
22. Human trafficking as provided for in Section 748 of this
title;
23. Domestic assault and batt ery that results in great bodily
injury to the victim as p rovided for in Section 644 of this title;
or
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24. Domestic assault and battery against a pregnant woman with
knowledge of pregnancy and as a result, miscarriage or injury to the
unborn child, as provided for in Section 644 of this title ,
shall be required to serve not less than eighty -five percent (85%)
of any sentence of imp risonment imposed by the judicial system prior
to becoming eligible for consi deration for parole. Persons
convicted of these offe nses shall not be eligible for earned credits
or any other type of credits which have the effect of reducing the
length of the sentence to less than eighty -five percent (85%) of the
sentence imposed.
SECTION 2. 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 rea d as follows:
Section 644. A. Assault shall be pu nishable 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 imprisonment in a
county jail not exceeding ninety (90) day s, or by a fine of not more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
C. Any person who c ommits any assault and battery against a
current or former intimate partner or a family or household memb er
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
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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 Thous and Dollars
($5,000.00), or by both such fine and imprisonment. Upon conviction
for a second or subsequent offense, the person shall be punished by
imprisonment in the custo dy of the Department of Correct ions for not
more than four (4) years, or by a fine not exceeding Five Thous and
Dollars ($5,000.00), or by both such fine and imprisonment. The
provisions of Section 51.1 of this title shall apply to a ny second
or subsequent offense.
D. 1. Any person wh o, with intent to do bodily harm and
without justifiable or excusable cause, commits any assault,
battery, or assault and battery upon an intimate partner or a family
or household member as defined by S ection 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weapon, upon
conviction, is guilty of domestic assaul t or domestic assault and
battery with a dangerous weapon which shall be a felony and
punishable by imprisonment in the custod y of the Department of
Corrections not exceeding ten ( 10) years, or by imprisonment in a
county jail not exceeding one (1) year. The provisions of Section
51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragr aph.
2. Any person who, without such cause, shoots an intimate
partner or a family or household member a s defined by Section 60.1
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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 be a
felony punishable by impris onment 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 s ubsequent conviction fo r
a violation of this paragraph .
E. Any person convicted of domestic abuse commit ted against a
pregnant woman with knowledge 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 offense of
domestic abuse against a pregnant woman with knowl edge 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 committed against a
pregnant woman with knowledge of the pregnancy and a miscarriage
occurs or injury to the unborn child occurs shall be guilty of a
felony, punishable by imprisonmen t in the custody of the Department
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 p unished by imprisonment
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in the custody of the Departme nt of Corrections for not more than
ten (10) years, or by imprisonment in th e county jail for not more
than one (1) year. The provisions of Section 51.1 of this title
shall apply to any second or subse quent conviction of a v iolation 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), o r 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 pres ence of a child shall be punish ed 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 su bsequent offense. For ev ery
conviction of a domestic abuse crime in violation of any provision
of this section committed against an intimate partner o r a family or
household member as defined by Section 6 0.1 of Title 22 of the
Oklahoma Statutes, the court shall:
1. Specifically order as a condition of a suspended or deferred
sentence that a defendant participate in counseling or undergo
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treatment to bring about the cessation of domestic abuse as
specified in paragraph 2 of this subsection;
2. a. The court shall require the defend ant to complete an
assessment and follow the recommendations of a
batterers' intervention program certified by the
Attorney General. If the defendan t is ordered 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 by progra m staff.
Three unexcused absen ces 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 di strict attorney to
seek acceleration or revocation of any probation
entered by the court.
b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatmen t requirement for
domestic abuse pursuant to this subs ection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or
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per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic violence t reatment
program or licensed professional determine s 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 t o domestic
violence treatment, including but not li mited to
programs related to the mental health, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ord ered to
complete the counseling as per the recommendat ions 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 counseling
program or undergo treatment for domestic 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 th e defendant
until the defendant has presented proof to the court
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of enrollment in a program of treatment fo r domestic
abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at wee kly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than on e hundred
twenty (120) days after the defendant is ordered to
such counseling or treatment. At such time, the court
may complete sentencing, beginni ng the period of the
sentence from the date that proof of enrollment is
presented to the court, and schedul e reviews as
required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection. Three
unexcused absences in succession o r seven unexcused
absences in a period of fifty-two (52) weeks from any
court-ordered domestic abuse counse ling or treatment
program shall be prima facie evidence of the violation
of the conditions of probation for the district
attorney to seek acceleratio n or revocation of any
probation entered by the court.
b. The court shall set a se cond 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 th e domestic
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abuse counseling or treatment requirements. 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 o ther review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of t his subsection and the domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not
satisfactorily attendi ng individual counseling or a d omestic abuse
counseling or treatment program or is not in compliance with a ny
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, t reatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, def erred sentence, or probat ion pursuant to
Section 991b of Title 22 of the Oklahoma Statutes and subject the
defendant to any or all remaining portions o f the original sentence ;
6. At the first review heari ng, the court shall require the
defendant to appear in court. Thereafter, f or any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseli ng, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and
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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 re view under this subsection. Re asonable
compensation for the referees shall be fix ed 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 Statute s pertaining to referees
appointed in juvenile proc eedings.
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 sect ion, "in the presence of
a child" means in the physical presence of a child; or ha ving
knowledge that a chi ld 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 whe ther or not related to the
victim or the defendant.
I. For the purposes of subsec tions C and G of this sec tion, any
conviction for assault and battery against an intimate partner or a
family or household member as defined by Section 60.1 of Title 22 of
the Oklahoma Statutes shall const itute a sufficient basis for a
felony charge:
1. If that conviction is rend ered in any state, county or
parish court of record of this or any other state; or
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2. If that conviction is rendered in any m unicipal court of
record of this or any other state fo r which any jail time was
served; provided, no conv iction in a municipal cou rt 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 a ssault and battery with intent
to cause great bodily harm by strangulation or atte mpted
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 gui lty of domestic abuse by
strangulation and shall be punished by imprisonment in th e custody
of the Department of Corrections for a period of not less than one
(1) year nor more than three (3) years, or by a fine of not more
than Three Thousand Dollars ($3, 000.00), or by both such fine a nd
imprisonment. Upon a second or subsequent convi ction 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)
years, or by a fine of not 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 violation of this subsection. As used in
this subsection, "strangulation" means any form of asphyxia;
including, but not limited to, asphyxia characterized by closure of
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the blood vessels or air passages of the neck as a result of
external pressure on the neck or t he closure of the nostrils or
mouth as a result of external 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 order
that requires a defen dant to:
1. Attend a treatment program for domestic a busers 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 befor e and after
attendance by a treatment program for dome stic abusers, certified by
the Attorney General.
L. There shall be no charg e of fees or costs to any victim of
domestic violence, stalking, or sexual assault in connection with
the prosecution of a dom estic violence, stalkin g, or sexual assault
offense in this state.
M. In the course of prosecuting any c harge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
prosecutor shall provide the court, prior to sentencing or any plea
agreement, a local history and any other ava ilable history of past
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violation of a
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protective order, or any other violent misdemean or or felony
convictions.
N. Any plea of guilty or fi nding 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 existe nce of a prior convicti on is
relevant for a period of ten (10) years following the completion of
any court imposed probationary te rm; provided, the person has not,
in the meantime, been convicted of a misdemeanor involving moral
turpitude or a felony.
O. For purposes of subsect ion F of this section, "great bodily
injury" means bone fracture, protracted and o bvious disfigurement,
protracted loss or impairment of the function of a body part, organ
or mental faculty, or substantial risk of death.
P. Any pleas of guilty or nolo con tendere 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 conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.
SECTION 3. AMENDATORY 57 O.S. 2011, Section 571, as last
amended by Section 1, Chapter 28, O.S.L. 2020 (57 O.S. Supp. 2020,
Section 571), is amended to read as follows:
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Section 571. As used in the Oklahoma Statutes, unless anoth er
definition is specified:
1. "Capacity" means the actual available bedspace as certified
by the State Board of Corrections subject to applicable federal and
state laws and the rules a nd regulations promulgated under such
laws; and
2. "Violent crime" means any of the following felony offenses
and any attempts to commit or conspir acy or solicitation to commit
the following crimes:
a. assault, battery, or assault and battery with a
dangerous or deadly weapon, as provided for in
Sections 645 and 652 of Titl e 21 of the Oklahoma
Statutes,
b. assault, battery, or assault and battery wit h a deadly
weapon or by other means likely to produce death or
great bodily harm, as provided for in Section 652 of
Title 21 of the Oklahoma Statutes,
c. aggravated assault and b attery on a police officer,
sheriff, highway patrolman, or any other officer o f
the law, as provided for in Section 650 of Title 21 of
the Oklahoma Statutes,
d. poisoning with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statu tes,
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e. shooting with intent to kill, as provided for in
Section 652 of Title 21 of the Oklahoma Statutes,
f. assault with intent to kill, as provided for in
Section 653 of Title 21 of t he Oklahoma Statutes,
g. assault with intent to commit a felony, as pr ovided
for in Section 681 of Title 21 of the Oklahoma
Statutes,
h. assaults with a dangerous weapon while masked or
disguised, as provided for in Section 1303 of Title 21
of the Oklahoma Statutes,
i. murder in the first degree, as provided for in Section
701.7 of Title 21 of the Oklahoma Statutes,
j. murder in the second degree, as provided for in
Section 701.8 of Title 21 of the Oklahoma Statutes,
k. manslaughter in the first degree, as provided for in
Section 711 of Title 21 of the Oklahoma Statutes,
l. manslaughter in the second degree, as provided for in
Section 716 of Title 21 o f the Oklahoma Statutes,
m. kidnapping, as provided for in Section 741 of Title 21
of the Oklahoma Statutes,
n. burglary in the first degree, as provided for in
Section 1431 of Title 21 of the Oklahoma Statutes,
o. burglary with explosives, as provided for in Section
1441 of Title 21 of the Oklahoma Statutes,
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p. kidnapping for extortion, as provided for in Secti on
745 of Title 21 of the Oklahoma Statutes,
q. maiming, as provided f or in Section 751 of Title 21 of
the Oklahoma Statutes,
r. robbery, as provided for in Section 791 of Title 21 of
the Oklahoma Statutes,
s. robbery in the first degree, as provided for i n
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
t. robbery in the second degree, as provided for in
Section 797 et seq. of Title 21 of t he Oklahoma
Statutes,
u. armed robbery, as provided for in Section 801 of Title
21 of the Oklahoma Statutes,
v. robbery by two or more persons, as provided for in
Section 800 of Title 21 of the Oklahoma Statutes,
w. robbery with dangerous weapon or imitati on firearm, as
provided for in Section 801 of Title 21 of the
Oklahoma Statutes,
x. child abuse, as provided for in Section 843.5 of Title
21 of the Oklahoma Statutes,
y. wiring any equipment, vehicle or structure with
explosives, as provided for in Sectio n 849 of Title 21
of the Oklahoma Statutes,
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z. forcible sodomy, as provided for in Section 888 of
Title 21 of the Oklahoma Statutes,
aa. rape in the first degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
bb. rape in the second degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
cc. rape by instrumentation, a s provided for in Section
1111.1 of Title 21 of the Oklahoma Statutes,
dd. lewd or indecent proposition or lewd or indecent act
with a child under s ixteen (16) years of age, as
provided for in Section 1123 of Title 21 of the
Oklahoma Statutes,
ee. use of a firearm or offensive weapon to commit or
attempt to commit a felony, as provided for in Section
1287 of Title 21 of the Oklahoma Statutes,
ff. pointing firearms, as provided for in Section 1279 of
Title 21 of the Oklahoma Statutes,
gg. rioting, as provided for in Section 1311 of Title 21
of the Oklahoma Statutes,
hh. inciting to riot, as provided for in Section 1320.2 of
Title 21 of the Oklahoma Stat utes,
ii. arson in the first degree, as provided for in Section
1401 of Title 21 of the Oklahoma Statutes,
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jj. injuring or burning public buildings, as provided for
in Section 349 of Title 21 of the Oklahoma Statutes,
kk. sabotage, as provided for in Secti on 1262 of Title 21
of the Oklahoma Statutes,
ll. criminal syndicalism, as provided for in Section 1261
of Title 21 of the Oklahoma Statutes,
mm. extortion, as provided for in Se ction 1481 of Title 21
of the Oklahoma Statutes,
nn. obtaining signature by ex tortion, as provided for in
Section 1485 of Title 21 of the Oklahoma Statutes,
oo. seizure of a bus, dischar ging firearm or hurling
missile at bus, as provided for in Section 190 3 of
Title 21 of the Oklahoma Statutes,
pp. mistreatment of a mental patient, as provided for in
Section 843.1 of Title 21 of the Oklahoma Statutes,
qq. using a vehicle to facilitate the discharge of a
weapon pursuant to Section 652 of Title 21 of the
Oklahoma Statutes,
rr. bombing offenses as defined in Section 1767.1 of Title
21 of the Oklahoma Statutes,
ss. child pornography or aggravated child pornography as
defined in Section 1021.2, 1021.3, 1024.1 or 1040.12a
of Title 21 of the Oklahoma Statutes,
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tt. child prostitution as defined in Section 1030 of Title
21 of the Oklahoma Stat utes,
uu. abuse of a vulnerable adult as defined in Section 10 -
103 of Title 43A of the Oklahoma Statutes who is a
resident of a nursing facility,
vv. aggravated trafficking as pr ovided for in subsection C
of Section 2-415 of Title 63 of the Oklahoma Statut es,
ww. aggravated assault and battery upon any person
defending another person from assault and battery, as
provided for in Section 646 of Title 21 of the
Oklahoma Statutes,
xx. human trafficking, as provided for in Section 748 of
Title 21 of the Oklahoma Statutes,
yy. terrorism crimes as provided in Section 1268 et seq.
of Title 21 of the Oklahoma Statutes,
zz. eluding a peace officer, as provided for in subsection
B or C of Section 540A of Title 21 of the Oklahoma
Statutes, or
aaa. domestic abuse by stra ngulation, domestic assault with
a dangerous weapon, domestic assault and battery with
a dangerous weapon, or domestic assault and battery
with a deadly weapon, or domestic assault and battery
that results in great bodi ly injury to the vict im, as
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provided for in Section 644 of Title 21 of the
Oklahoma Statutes.
Such offenses shall consti tute exceptions to nonviolent offenses
pursuant to Article VI, Section 10 of the Oklahoma Const itution.
SECTION 4. This act shall become effective November 1, 2021.
58-1-578 BG 12/8/2020 10:03:03 AM