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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1120 By: Dahm
AS INTRODUCED
An Act relating to crimes and punishment; creating
Kyle's Law; amending 21 O.S. 2021, Section 733, which
relates to justifiable hom icide; requiring the state
to award reimbursement of reasonable costs, fees and
other expenses for persons found not guilty of
murder; authorizing denial or re duction of awards;
permitting appeal to certain courts; allowing for
award for certain sustained injury; establishing
criteria for claim of malicious prosecution ;
providing certain criteria for establishing malice;
authorizing personal liability; requiring certain
reporting; authorizing application to pending
prosecutions; providing for noncodification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statut es reads as follows:
This act shall be known and may be cited as "Kyle's Law".
SECTION 2. AMENDATORY 21 O.S. 2021, Section 733, is
amended to read as follows:
Section 733. A. Homicide is also just ifiable when committed by
any person in any of the following cas es:
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1. When resisting a ny attempt to murder such person, or to
commit any felony upon him, or upon or in any dwelling h ouse in
which such person is;
2. When committed in the lawful defense o f such person or of
another, when the person using force reasona bly believes such force
is necessary to prevent death or great bodily harm to himself or
herself or another or to termin ate or prevent the commission of a
forcible felony; or
3. When necessarily committed in attempting, by la wful ways and
means, to apprehend any person for any f elony committed; or in
lawfully suppressing any riot; or in lawfully keeping and preserving
the peace.
B. As used in this section, "forcible felony" means any felony
which involves the use or threat of physical force or violence
against any person.
C. When a person is charged with murder but is found not guilty
due to justifiable homicide, this state shall reimburse the
defendant for all reasonable costs including loss of wages, legal
fees incurred, and other expenses involved in his or her defense.
The reimbursement is not an independent cause of action. To award
these reasonable costs the trier of fact must find that the
defendant's claim that the homicide was justified was sustained by a
preponderance of the evidence. If the trier of fact makes a
determination that homicide was justified, the judge shall determine
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the amount of the award. If the trier of fact find s that the
accused did not meet his or her burden of proof by a preponderance
of the evidence, then the accused may appeal the finding to either
the Supreme Court or the Court of Criminal Appeals.
D. Notwithstanding a finding that a defendant 's actions were
justified, if the trier o f fact also determines that the defendant
was engaged in criminal conduct substantially related to the events
giving rise to the charges filed against the defendant, the judge
may deny or reduce the amount of the award. In determining the
amount of the award, the judge shall also consider the seriousness
of the initial criminal conduct.
E. When a homicide is dete rmined to be justified and the
accused establishes that he or she has sustained injury due to
malicious prosecution, then such person shall be awar ded fair and
just compensation.
F. In order to support a claim of malicious prosecution
pursuant to this sec tion, a claimant shall establish:
1. That a prosecution for homicide was commenced against the
claimant;
2. That the prosecution was malicious;
3. That the prosecution was instituted or instigated by the
prosecutor;
4. That the prosecution was without probable cause;
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5. That the prosecution has bee n legally and finally terminated
in favor of the claimant; and
6. That as a result of the criminal prosec ution the claimant
sustained injury.
G. Malice for purposes of this section may be established if
the principal motive of the prosecution was other tha n a desire to
bring an offender to justice, or that it was done with ill will or
hatred, or willfully don e in a wanton or oppressive manner, and in
conscious disregard of the claimant's rights.
H. A prosecutor may be held personally liable to a claimant if
malicious prosecution is established pursuant to this section .
I. When a malicious prosecution is established pursuant to this
section, any judge having presided over any stage of the criminal
prosecution shall immediately report the finding to the Ok lahoma Bar
Association for a disciplinary investigation of both the pr osecutor
and the elected district at torney who employs the prosecutor.
J. The provisions of this section shall extend to pending
prosecutions prior to the effective date of this act.
SECTION 3. This act shall become effective Nove mber 1, 2022.
58-2-2534 PW 11/23/2021 2:59:13 PM