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SENATE FLOOR VERSION
February 8, 2021
SENATE BILL NO. 560 By: Dahm and Bergstrom
An Act relating to self-defense; amending 21 O.S.
2011, Section 1289.25, as last amended by Section 1,
Chapter 218, O.S.L. 20 18 (21 O.S. Supp. 2020, Se ction
1289.25), which relates to physical or deadly force
against intruder; prohibiting certain pro secution for
offense; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.25, as
last amended by Section 1, Chapter 218, O.S.L. 2018 (21 O.S. Supp.
2020, Section 1289.25), is amended to read as follows:
Section 1289.25.
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. The Legislature hereby recogni zes that the citizens of the
State of Oklahoma have a right to expect absolut e safety within
their own homes, places of business or places of worship and have
the right to establish polici es regarding the possession of weapon s
on property pursuant to the p rovisions of Section 1290.22 of this
title.
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B. A person, regardless of official capacity or lack of
official capacity, wi thin a place of worship or a person, an owner,
manager or employee of a business is presumed to have he ld a
reasonable fear of imminen t peril of death or great bodily harm to
himself or herself or another when using defensive force that is
intended or likely to cause death or great bodily harm to another
if:
1. a. The person against whom the defensive force was used
was in the process of unlawfully and forcefully
entering, or had unlawfully and forcibly entered, a
dwelling, residence, occupied vehicle, plac e of
business or place of worship, or if that person had
removed or was attempting to remove another ag ainst
the will of that person f rom the dwelling, residence,
occupied vehicle, place of business or place of
worship.
b. The person who uses defensive for ce knew or had reason
to believe that an unlawful and forcible ent ry or
unlawful and forcible act was o ccurring or had
occurred; or
2. The person who uses defensive force knew or had a reasonable
belief that the person agains t whom the defensive force was used
entered or was attempting to enter into a dwelling, residenc e,
occupied vehicle, place of busines s or place of worship for the
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purpose of committing a forcible felony, as defined in Section 733
of this title, and that th e defensive force was necessar y to prevent
the commission of the forcible felony .
C. The presumption set forth in subsection B of th is section
does not apply if:
1. The person against whom the defensive force is used has the
right to be in or is a lawful resident of the dwelling, res idence,
or vehicle, such as an owner, lessee, or titleholder, and there is
not a protective order from domestic violence in effect or a written
pretrial supervision order of no contact against that person;
2. The person or pe rsons sought to be removed are children or
grandchildren, or are otherwise in the lawful custody or under the
lawful guardianship of, the person against whom the de fensive force
is used; or
3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwell ing, residence, occupied
vehicle, place of business or place of wo rship to further an
unlawful activity.
D. A person who is not engag ed in an unlawful activity and who
is attacked in any other place where he or she has a righ t to be has
no duty to retreat and has the right to stand his or her ground and
meet force with force, including deadly force, if he or she
reasonably believes it i s necessary to do so to prevent death or
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great bodily harm to himself or herself or another or to prevent the
commission of a forcible felony.
E. A person who unlawfully and by force ente rs or attempts to
enter the dwelling, residence, occupied vehicle of another person,
place of business or place of worship is presumed to be doing so
with the intent to commit an unlawful a ct involving force or
violence.
F. A person, who lawfully is in an occupied vehicle that is
approached and surrounded by a person or persons engaged in unlawful
activity who has blocked the road, shall not be subject to criminal
or civil prosecution for a reasonable effort to esca pe from the
unlawful activity with or without damage to the vehicle .
G. A person who uses defensive force, a s permitted pursuant to
the provisions of subsections A, B, D and, E and F of this section,
is justified in using such defensive force and is immune from
criminal prosecution and civil ac tion for the use of such defensive
force. As used in this subsection , the term “criminal prosecution”
includes charging or prosecuting the defendant.
G. H. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but the law enforcement
agency may not arrest the person for using d efensive force unless it
determines that there is probable cause that the defensive force
that was used was unlawful.
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H. I. The court shall award reasonable attorney fees, court
costs, compensation for loss of income, and al l expenses incurred by
the defendant in defense of any civil action brought by a plaintiff
if the court finds that the defendant is immune from prosecution as
provided in subsection F G of this section.
I. J. The provisions of this section and the provisi ons of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisions of this section to
be licensed in any manner.
J. K. A person pointing a weapon at a perpetrat or in self-
defense or in order to thwart, stop or deter a forcible fe lony or
attempted forcible felony shall not be deemed guilty of committing a
criminal act.
K. L. As used in this section:
1. “Defensive force” includes, but shall not be limited to,
pointing a weapon at a p erpetrator in self-defense or in order to
thwart, stop or deter a forcible felony or attem pted forcible
felony;
2. “Dwelling” means a building or conveya nce of any kind,
including any attached porch, whether the building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over
it, including a tent, and is designed to be occupied by people;
3. “Place of worship” means:
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a. any permanent building, structure, facility or office
space owned, leased, rented or borr owed, on a full-
time basis, when used for worship services, activitie s
and business of the congregation, which may include,
but not be limited to, churches, temples, synagogue s
and mosques, and
b. any permanent building, structure, facility or office
space owned, leased, rente d or borrowed for use on a
temporary basis, when used for worship services,
activities and business of the congregation including,
but not limited to, chu rches, temples, synagogues and
mosques;
4. “Residence” means a dwelling in which a person resides
either temporarily or permanently or is visiting as an invited
guest; and
5. “Vehicle” means a conveyance of any kind, whether or not
motorized, which is de signed to transport people or property.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE O N PUBLIC SAFETY
February 8, 2021 - DO PASS