Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB560 Compare Versions

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Version 2 (New)

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3		-	SB560 HFLR Page 1
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	3	+	ENGR. S. B. NO. 560 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 58th Legislature (2021)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 560 By: Dahm, Bergstrom and
37	30		Hamilton of the Senate
38	31
39	32		and
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41	34		West (Rick) of the House
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47	40		An Act relating to self-defense; amending 21 O.S.
48	41		2011, Section 1289.25, as last amended by Section 1,
49	42		Chapter 218, O.S.L. 20 18 (21 O.S. Supp. 2020, Section
50	43		1289.25), which relates to physical or deadly force
51	44		against intruder; prohibiting certain pro secution for
52	45		offense; and providing an effective date .
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57	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	51		SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.25, as
59	52		last amended by Section 1, Chapter 218, O.S.L. 2018 (21 O.S. Supp.
60	53		2020, Section 1289.25), is amended to read as follows:
61	54		Section 1289.25.
62	55		PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
63	56		A. The Legislature hereby recognizes that the citizens of the
64	57		State of Oklahoma have a right to expect absolut e safety within
65	58		their own homes, places of business or places of worship and have
66	59		the right to establish polici es regarding the possession of weapon s
	60	+	on property pursuant to the provisions of Section 1290.22 of this
	61	+	title.
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68		-	SB560 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 560 Page 2 1
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94		-	on property pursuant to the provisions of Section 1290.22 of this
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96	88		B. A person, regardless of official capacity or lack of
97	89		official capacity, wi thin a place of worship or a person, an owner,
98	90		manager or employee of a business is presumed to have he ld a
99	91		reasonable fear of imminent peril of death or great bodily harm to
100	92		himself or herself or another when using defensive force that is
101	93		intended or likely to cause death or great bodily harm to another
102	94		if:
103	95		1. a. The person against whom the defensive force was used
104	96		was in the process of unlawfully and forcefully
105	97		entering, or had unlawfully and forcibly entered, a
106	98		dwelling, residence, occupied vehicle, plac e of
107	99		business or place of worship, or if that person had
108	100		removed or was attempting to remove another ag ainst
109	101		the will of that person from the dwelling, residence,
110	102		occupied vehicle, place of business or place of
111	103		worship.
112	104		b. The person who uses defensive for ce knew or had reason
113	105		to believe that an unlawful and forcible ent ry or
114	106		unlawful and forcible act was o ccurring or had
115	107		occurred; or
116	108		2. The person who uses defensive force knew or had a reasonable
117	109		belief that the person agains t whom the defensive force was used
	110	+	entered or was attempting to enter into a dwelling, residenc e,
	111	+	occupied vehicle, place of busines s or place of worship for the
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119		-	SB560 HFLR Page 3
120		-	BOLD FACE denotes Committee Amendments. 1
	113	+	ENGR. S. B. NO. 560 Page 3 1
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145		-	entered or was attempting to enter into a dwelling, residence,
146		-	occupied vehicle, place of business or place of worship for the
147	138		purpose of committing a forcible felony, as defined in Section 733
148	139		of this title, and that th e defensive force was necessar y to prevent
149	140		the commission of the forcible felony .
150	141		C. The presumption set forth in subsection B of th is section
151	142		does not apply if:
152	143		1. The person against whom the defensive force is used has the
153	144		right to be in or is a lawful resident of the dwelling, res idence,
154	145		or vehicle, such as an owner, lessee, or titleholder, and there is
155	146		not a protective order from domestic violence in effect or a written
156	147		pretrial supervision order of no contact against that person;
157	148		2. The person or pe rsons sought to be removed are children or
158	149		grandchildren, or are otherwise in the lawful custody or under the
159	150		lawful guardianship of, the person against whom the defensive force
160	151		is used; or
161	152		3. The person who uses defensive force is engaged in an
162	153		unlawful activity or is using the dwell ing, residence, occupied
163	154		vehicle, place of business or place of wo rship to further an
164	155		unlawful activity.
165	156		D. A person who is not engaged in an unlawful activity and who
166	157		is attacked in any other place where he or she has a righ t to be has
167	158		no duty to retreat and has the right to stand his or her ground and
168	159		meet force with force, including deadly force, if he or she
	160	+	reasonably believes it is necessary to do so to prevent death or
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170		-	SB560 HFLR Page 4
171		-	BOLD FACE denotes Committee Amendments. 1
	162	+	ENGR. S. B. NO. 560 Page 4 1
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196		-	reasonably believes it is necessary to do so to prevent death or
197	187		great bodily harm to himself or herself or another or to prevent the
198	188		commission of a forcible felony.
199	189		E. A person who unlawfully and by force ente rs or attempts to
200	190		enter the dwelling, residence, occupied vehicle of another person,
201	191		place of business or place of worship is presumed to be doing so
202	192		with the intent to commit an unlawful a ct involving force or
203	193		violence.
204	194		F. A person, who lawfully is in an occupied vehicle that is
205	195		approached and surrounded by a person or persons engaged in unlawful
206	196		activity who has blocked the road, shall not be subject to criminal
207	197		or civil prosecution for a reasonable effort to esca pe from the
208	198		unlawful activity with or without damage to the vehicle .
209	199		G. A person who uses defensive force, as permitted pursuant to
210	200		the provisions of subsections A, B, D and, E and F of this section,
211	201		is justified in using such defensive force and is immune from
212	202		criminal prosecution and civil ac tion for the use of such defensive
213	203		force. As used in this subsection, the term “criminal prosecution”
214	204		includes charging or prosecuting the defendant.
215	205		G. H. A law enforcement agency may use standard procedures for
216	206		investigating the use of defensive force, but the law enforcement
217	207		agency may not arrest the person for using defensive force unless it
218	208		determines that there is probable cause that the defensive force
219	209		that was used was unlawful.
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221		-	SB560 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendments. 1
	211	+	ENGR. S. B. NO. 560 Page 5 1
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247	236		H. I. The court shall award reasonable attorney fees, court
248	237		costs, compensation for loss of income, and al l expenses incurred by
249	238		the defendant in defense of any civil act ion brought by a plaintiff
250	239		if the court finds that the defendant is immune from prosecution as
251	240		provided in subsection F G of this section.
252	241		I. J. The provisions of this section and the provisi ons of the
253	242		Oklahoma Self-Defense Act shall not be construed to requ ire any
254	243		person using a weapon pursuant to the provisions of this section to
255	244		be licensed in any manner.
256	245		J. K. A person pointing a weapon at a perpetrat or in self-
257	246		defense or in order to thwart, stop or deter a forcible felony or
258	247		attempted forcible felony shall not be deemed guilty of committing a
259	248		criminal act.
260	249		K. L. As used in this section:
261	250		1. “Defensive force” includes, but shall not be limited to,
262	251		pointing a weapon at a p erpetrator in self-defense or in order to
263	252		thwart, stop or deter a forcible felony or attem pted forcible
264	253		felony;
265	254		2. “Dwelling” means a building or conveya nce of any kind,
266	255		including any attached porch, whether the building or conveyance is
267	256		temporary or permanent, mobile or immobile, which has a roof over
268	257		it, including a tent, and is designed to be occupied by people;
269	258		3. “Place of worship” means:
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271		-	SB560 HFLR Page 6
272		-	BOLD FACE denotes Committee Amendments. 1
	260	+	ENGR. S. B. NO. 560 Page 6 1
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297	285		a. any permanent building, structure, facility or office
298	286		space owned, leased, rented or borr owed, on a full-
299	287		time basis, when used for worship services, activities
300	288		and business of the congregation, which may include,
301	289		but not be limited to, churches, temples, synagogue s
302	290		and mosques, and
303	291		b. any permanent building, structure, facility or office
304	292		space owned, leased, rente d or borrowed for use on a
305	293		temporary basis, when used for worship services,
306	294		activities and business of the congregation including,
307	295		but not limited to, chu rches, temples, synagogues and
308	296		mosques;
309	297		4. “Residence” means a dwelling in which a person resides
310	298		either temporarily or permanently or is visiting as an invited
311	299		guest; and
312	300		5. “Vehicle” means a conveyance of any kind, whether or not
313	301		motorized, which is de signed to transport people or property.
314	302		SECTION 2. This act shall become effective November 1, 2021.
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316		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
317		-	03/31/2021 - DO PASS.
	304	+	ENGR. S. B. NO. 560 Page 7 1
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	329	+	Passed the Senate the 8th day of March, 2021.
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	333	+	Presiding Officer of the Senate
	334	+
	335	+
	336	+	Passed the House of Representatives the ____ day of __________,
	337	+	2021.
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	341	+	Presiding Officer of the House
	342	+	of Representatives
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