An Act
ENROLLED SENATE
BILL NO. 17 By: Floyd and Weaver of the
Senate
and
Bush of the House
An Act relating to domestic violence; amending 21
O.S. 2011, Section 142A-3, as amended by Section 1,
Chapter 196, O.S.L. 2014 (21 O.S. Supp. 2020, Section
142A-3), which relates to lethality assess ment;
providing certain referral protocol process; and
providing an effective date.
SUBJECT: Providing certain referral protocol process
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 142A-3, as
amended by Section 1, Chapter 196, O.S.L. 2014 (21 O.S. Supp. 20 20,
Section 142A-3), is amended to read as follows:
Section 142A-3. A. Upon the preliminary investiga tion of a
violent crime, it shall be the duty of the officer who interviews
the victim of such crime to inform the victim, or a responsible
adult if the victim is a minor child or an incompetent person, or
the family member who receives death notification in the case of a
homicide, in writing, of their rights as a crime victim. Written
notification shall consist of handing the victim, responsible adult,
if the victim is a minor child or an incompetent person, or fami ly
member receiving death notification, a preprinted card or broch ure
that, at a minimum, includes the following information:
ENR. S. B. NO. 17 Page 2
1. A statement that reads, "As a victim of crime, you have
certain rights";
2. Telephone and address information for the local D istrict
Attorney Victim-Witness Coordinator; and
3. The website address where victims can access a full list of
their rights, additional information, and how to apply for crime
victim compensation assistance.
B. A victim of domestic abuse has the right t o be informed by
the first peace officer who interviews the victim of domestic abuse
of the twenty-four-hour statewide telephone communication service
established by Section 18p -5 of Title 74 of the Oklahoma Statutes
and to give notice to the victim of cer tain rights. The notice
shall consist of handing such victim the following statement:
"As a victim of domestic abuse, you have certain rights. These
rights are as follows:
1. The right to requ est that charges be pressed against your
assailant;
2. The right to request protection from any harm or threat of
harm arising out of your cooperation with law enforcement and
prosecution efforts as far as facilities are available and to be
provided with information on the level of protection available;
3. The right to be informed of financial assistanc e and other
social services available as a result of being a victim, including
information on how to apply for the assistance and services; and
4. The right to file a petition for a protective order or, when
the domestic abuse occurs when the court is not open for business,
to request an emergency temporary protective order."
C. The victim of rape or forcible sodomy has the right to be
informed by the offi cer who interviews the victim of the rape or
forcible sodomy, or a responsible adult if the victim is a minor
child or an incompetent person, of the twenty-four-hour statewide
telephone communication service established by the Office of the
Attorney General for victims of sexual assault pursuant to Section
ENR. S. B. NO. 17 Page 3
18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the
victim or such responsible adult of certain rights of the victim.
The notice shall consist of handing such victim or responsible adult
a written statement in substantially the following form:
"As a victim of the crime of rape or forcib le sodomy, you have
certain rights. These rights are as follows:
1. The right to request that charges be pressed against your
assailant;
2. The right to request protection from any harm or threat of
harm arising out of your cooperation with law enforcem ent and
prosecution efforts as far as facilities are available and to be
provided with information on the level of protection available;
3. The right to be informed of financial assistance and other
social services available to victims, including information on how
to apply for the assi stance and services;
4. The right to a free forensic medical examination; and
5. The right to be informed by the district attorney of other
victim's rights available pursuant to Sect ion 142A-2 of Title 21 of
the Oklahoma Statutes."
D. Upon the prelimina ry investigation of a domestic violence
crime involving intimate partner violence, the first peace officer
who interviews the victim of domestic abuse shall assess the
potential for danger by asking a series of questions pro vided on a
lethality assessment form available on the Oklahoma Attorney General
website. The lethality assessment form shall include , but not be
limited to, the following questions:
1. Has the person ever used a weapon against the victim or
threatened the victim with a weapon?
2. Has the person threatened to kill the victim or children of
the victim?
3. Does the victim think the person will try to kill the
victim?
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4. Has the person ever tried to choke t he victim?
5. Is the person violently or constant ly jealous or does the
person control most of the daily activities of the victim?
6. Has the victim left or separated from the person after
living together or being married?
7. Is the person unemployed?
8. Has the person ever tried to kill himself or he rself?
9. Does the victim have a child that the person knows is not
his or her own child?
10. Does the person follow or spy on the victim or leave the
victim threatening messages?
11. Is there anything e lse that worries the victim about his or
her safety and if so, what worries the vi ctim?
Based upon the results of the lethality assessment, referrals to
shelters, domestic violence intervention programs and other social
services shall be provided to the victim
E. If the results of the lethality assessment indicate a
referral is suggested, the assessing officer shall implement the
protocol referral process to a d omestic violence advocate from a
certified or tribal program as follows:
1. Advise the victim of the results of the assessment;
2. Advise the victim that based on the results o f the
assessment the officer will call the domestic violence hotline to
allow the victim to speak with an advocate;
3. If the victim does not wan t to speak with an advocate, the
officer shall document the refusal on the form.
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F. Regardless of the results of the lethality assessment,
referral information for shelters, domestic violence programs and
other social services shall be provided to the victim.
SECTION 2. This act shall become effective Nove mber 1, 2021.
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Passed the Senate the 8th day of February, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________