Compare Versions - OK SB1120 : Oklahoma 2022 Regular Session

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28	53		STATE OF OKLAHOMA
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30	55		2nd Session of the 58th Legislature (2022)
31	56
32		-	COMMITTEE SUBSTITUTE
33		-	FOR
34		-	SENATE BILL 1120 By: Dahm and Merrick of the
35		-	Senate
36		-
37		-	and
38		-
39		-	Olsen and Roberts (Sean) of
40		-	the House
	57	+	SENATE BILL 1120 By: Dahm
41	58
42	59
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46		-	~~COMMITTEE SUBSTITUTE~~
	63	+	AS INTRODUCED
47	64
48		-	An Act relating to justifiable homicide; amending 21
49		-	O.S. 2021, Section 733, which relates to ju stifiable
50		-	homicide by other persons; au thorizing court to order
51		-	reimbursement of costs to defendant upon certain
52		-	finding; establishing burden of proof for certain
53		-	showing; authorizing cer tain appeal to Court of
54		-	Criminal Appeals; au thorizing denial or reduction in
55		-	award of costs upon certain finding; providing for
56		-	applicability of provisions to certain pr osecutions;
57		-	updating statutory language; making language gen der
58		-	neutral; and providing an effective date.
59		-
	65	+	An Act relating to crimes and punishment; creating
	66	+	Kyle's Law; amending 21 O.S. 2021, Section 733, which
	67	+	relates to justifiable hom icide; requiring the state
	68	+	to award reimbursement of reasonable costs, fees and
	69	+	other expenses for persons found not guilty of
	70	+	murder; authorizing denial or re duction of awards;
	71	+	permitting appeal to certain courts; allowing for
	72	+	award for certain sustained injury; establishing
	73	+	criteria for claim of malicious prosecution ;
	74	+	providing certain criteria for establishing malice;
	75	+	authorizing personal liability; requiring certain
	76	+	reporting; authorizing application to pending
	77	+	prosecutions; providing for noncodification; and
	78	+	providing an effective date.
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64	83		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65		-	SECTION 1. AMENDATORY 21 O.S. 2021, Section 733, is
	84	+	SECTION 1. NEW LAW A new section of law not to be
	85	+	codified in the Oklahoma Statut es reads as follows:
	86	+	This act shall be known and may be cited as "Kyle's Law".
	87	+	SECTION 2. AMENDATORY 21 O.S. 2021, Section 733, is
66	88		amended to read as follows:
67		-	Section 733. A. Homicide is also ~~shall be deemed justifiable~~
68		-	~~when committed by~~ any a person in any of the following ~~cases~~:
	89	+	Section 733. A. Homicide is also just ifiable when committed by
	90	+	any person in any of the following cas es:
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95		-	1. When resisting a ny attempt to murder such ~~the~~ person, or to
96		-	commit any felony upon him ~~the person~~, or upon or in any dwelling
97		-	~~house in~~ which such ~~the~~ person is;
98		-	2. When committed in the ~~lawf ul~~ defense of such ~~the~~ person or
99		-	of another, when the person using force reasona bly believes such
100		-	~~force~~ is necessary to prevent death or great bodily harm to himself
101		-	or herself or another or to termin ate or prevent the commission of a
	142	+	1. When resisting a ny attempt to murder such person, or to
	143	+	commit any felony upon him, or upon or in any dwelling h ouse in
	144	+	which such person is;
	145	+	2. When committed in the lawful defense o f such person or of
	146	+	another, when the person using force reasona bly believes such force
	147	+	is necessary to prevent death or great bodily harm to himself or
	148	+	herself or another or to termin ate or prevent the commission of a
102	149		forcible felony; or
103		-	3. When necessarily committed in attempting , by in a lawful
104		-	ways and means, manner to apprehend any a person for any felony
105		-	committed; or in lawfully suppressing any a riot; or in lawfully
106		-	keeping and preserving the peace.
107		-	B. When a defendant is found not guilty of murder due to
108		-	justifiable homicide, the court may order the state to reimburse the
109		-	defendant for reasonable costs including but not limited to loss of
110		-	wages, court costs and attorney fees, and other expenses involved in
111		-	his or her defense. Reimbursement of costs shall not constitute an
112		-	independent cause of action. To order reimbursement of reasona ble
113		-	costs, the court shall find that the defendant showed by a
114		-	preponderance of the evidence that the homicide was justified and
115		-	determine the amount of the award. If the court finds that the
116		-	defendant did not meet the burden of proof, the defendant may appeal
117		-	such finding to the Court of Criminal Appeals.
	150	+	3. When necessarily committed in attempting, by la wful ways and
	151	+	means, to apprehend any person for any f elony committed; or in
	152	+	lawfully suppressing any riot; or in lawfully keeping and preserving
	153	+	the peace.
	154	+	B. As used in this section, "forcible felony" means any felony
	155	+	which involves the use or threat of physical force or violence
	156	+	against any person.
	157	+	C. When a person is charged with murder but is found not guilty
	158	+	due to justifiable homicide, this state shall reimburse the
	159	+	defendant for all reasonable costs including loss of wages, legal
	160	+	fees incurred, and other expenses involved in his or her defense.
	161	+	The reimbursement is not an independent cause of action. To award
	162	+	these reasonable costs the trier of fact must find that the
	163	+	defendant's claim that the homicide was justified was sustained by a
	164	+	preponderance of the evidence. If the trier of fact makes a
	165	+	determination that homicide was justified, the judge shall determine
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144		-	C. Notwithstanding a finding of justifiable homicide pursuant
145		-	to subsection B of this section , the court may deny or reduce the
146		-	amount of an award for reasonable costs if the court determines that
147		-	the defendant was engaged in criminal conduct substantially related
148		-	to the events resulting in the charges filed against the defendant.
149		-	The court shall consider the seriousness of the initial criminal
150		-	conduct in making a determination for a denial or reduction of an
151		-	award for reasonable costs .
152		-	D. The provisions of this section shall apply to any pending
153		-	prosecution for an offense occurring prior to the effective date of
154		-	this act.
155		-	E. As used in this section, “forcible felony” means any felony
156		-	which involves the use or threat of physical force or violence
157		-	against any person.
158		-	SECTION 2. This act shall become effective Nove mber 1, 2022.
	217	+	the amount of the award. If the trier of fact find s that the
	218	+	accused did not meet his or her burden of proof by a preponderance
	219	+	of the evidence, then the accused may appeal the finding to either
	220	+	the Supreme Court or the Court of Criminal Appeals.
	221	+	D. Notwithstanding a finding that a defendant 's actions were
	222	+	justified, if the trier o f fact also determines that the defendant
	223	+	was engaged in criminal conduct substantially related to the events
	224	+	giving rise to the charges filed against the defendant, the judge
	225	+	may deny or reduce the amount of the award. In determining the
	226	+	amount of the award, the judge shall also consider the seriousness
	227	+	of the initial criminal conduct.
	228	+	E. When a homicide is dete rmined to be justified and the
	229	+	accused establishes that he or she has sustained injury due to
	230	+	malicious prosecution, then such person shall be awar ded fair and
	231	+	just compensation.
	232	+	F. In order to support a claim of malicious prosecution
	233	+	pursuant to this sec tion, a claimant shall establish:
	234	+	1. That a prosecution for homicide was commenced against the
	235	+	claimant;
	236	+	2. That the prosecution was malicious;
	237	+	3. That the prosecution was instituted or instigated by the
	238	+	prosecutor;
	239	+	4. That the prosecution was without probable cause;
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160		-	58-2-3634 TEK 2/22/2022 11:54:51 AM
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	291	+	5. That the prosecution has bee n legally and finally terminated
	292	+	in favor of the claimant; and
	293	+	6. That as a result of the criminal prosec ution the claimant
	294	+	sustained injury.
	295	+	G. Malice for purposes of this section may be established if
	296	+	the principal motive of the prosecution was other tha n a desire to
	297	+	bring an offender to justice, or that it was done with ill will or
	298	+	hatred, or willfully don e in a wanton or oppressive manner, and in
	299	+	conscious disregard of the claimant's rights.
	300	+	H. A prosecutor may be held personally liable to a claimant if
	301	+	malicious prosecution is established pursuant to this section .
	302	+	I. When a malicious prosecution is established pursuant to this
	303	+	section, any judge having presided over any stage of the criminal
	304	+	prosecution shall immediately report the finding to the Ok lahoma Bar
	305	+	Association for a disciplinary investigation of both the pr osecutor
	306	+	and the elected district at torney who employs the prosecutor.
	307	+	J. The provisions of this section shall extend to pending
	308	+	prosecutions prior to the effective date of this act.
	309	+	SECTION 3. This act shall become effective Nove mber 1, 2022.
	310	+
	311	+	58-2-2534 PW 11/23/2021 2:59:13 PM

144

-

C. Notwithstanding a finding of justifiable homicide pursuant

145

-

to subsection B of this section , the court may deny or reduce the

146

-

amount of an award for reasonable costs if the court determines that

147

-

the defendant was engaged in criminal conduct substantially related

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-

to the events resulting in the charges filed against the defendant.

149

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The court shall consider the seriousness of the initial criminal

150

-

conduct in making a determination for a denial or reduction of an

151

-

award for reasonable costs .

152

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D. The provisions of this section shall apply to any pending

153

-

prosecution for an offense occurring prior to the effective date of

154

-

this act.

155

-

E. As used in this section, “forcible felony” means any felony

156

-

which involves the use or threat of physical force or violence

157

-

against any person.

158

-

SECTION 2. This act shall become effective Nove mber 1, 2022.

217

+

the amount of the award. If the trier of fact find s that the

218

+

accused did not meet his or her burden of proof by a preponderance

219

+

of the evidence, then the accused may appeal the finding to either

220

+

the Supreme Court or the Court of Criminal Appeals.

221

+

D. Notwithstanding a finding that a defendant 's actions were

222

+

justified, if the trier o f fact also determines that the defendant

223

+

was engaged in criminal conduct substantially related to the events

224

+

giving rise to the charges filed against the defendant, the judge

225

+

may deny or reduce the amount of the award. In determining the

226

+

amount of the award, the judge shall also consider the seriousness

227

+

of the initial criminal conduct.

228

+

E. When a homicide is dete rmined to be justified and the

229

+

accused establishes that he or she has sustained injury due to

230

+

malicious prosecution, then such person shall be awar ded fair and

231

+

just compensation.

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+

F. In order to support a claim of malicious prosecution

233

+

pursuant to this sec tion, a claimant shall establish:

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+

1. That a prosecution for homicide was commenced against the

235

+

claimant;

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+

2. That the prosecution was malicious;

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+

3. That the prosecution was instituted or instigated by the

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+

prosecutor;

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+

4. That the prosecution was without probable cause;

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1120 Compare Versions