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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1120 By: Dahm and Merrick of the
Senate
and
Olsen and Roberts (Sean) of
the House
COMMITTEE SUBSTITUTE
An Act relating to justifiable homicide; amending 21
O.S. 2021, Section 733, which relates to ju stifiable
homicide by other persons; au thorizing court to order
reimbursement of costs to defendant upon certain
finding; establishing burden of proof for certain
showing; authorizing cer tain appeal to Court of
Criminal Appeals; au thorizing denial or reduction in
award of costs upon certain finding; providing for
applicability of provisions to certain pr osecutions;
updating statutory language; making language gen der
neutral; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 733, is
amended to read as follows:
Section 733. A. Homicide is also shall be deemed justifiable
when committed by any a person in any of the following cases:
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1. When resisting a ny attempt to murder such the person, or to
commit any felony upon him the person, or upon or in any dwelling
house in which such the person is;
2. When committed in the lawf ul defense of such the 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 in a lawful
ways and means, manner to apprehend any a person for any felony
committed; or in lawfully suppressing any a riot; or in lawfully
keeping and preserving the peace.
B. When a defendant is found not guilty of murder due to
justifiable homicide, the court may order the state to reimburse the
defendant for reasonable costs including but not limited to loss of
wages, court costs and attorney fees, and other expenses involved in
his or her defense. Reimbursement of costs shall not constitute an
independent cause of action. To order reimbursement of reasona ble
costs, the court shall find that the defendant showed by a
preponderance of the evidence that the homicide was justified and
determine the amount of the award. If the court finds that the
defendant did not meet the burden of proof, the defendant may appeal
such finding to the Court of Criminal Appeals.
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C. Notwithstanding a finding of justifiable homicide pursuant
to subsection B of this section , the court may deny or reduce the
amount of an award for reasonable costs if the court determines that
the defendant was engaged in criminal conduct substantially related
to the events resulting in the charges filed against the defendant.
The court shall consider the seriousness of the initial criminal
conduct in making a determination for a denial or reduction of an
award for reasonable costs .
D. The provisions of this section shall apply to any pending
prosecution for an offense occurring prior to the effective date of
this act.
E. As used in this section, “forcible felony” means any felony
which involves the use or threat of physical force or violence
against any person.
SECTION 2. This act shall become effective Nove mber 1, 2022.
58-2-3634 TEK 2/22/2022 11:54:51 AM