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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2049 By: Hardin
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1289.25, which relates to the
use of physical or deadly force; expanding scope of
certain definition; and providing an eff ective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.25, is
amended to read as follows:
Section 1289.25
PHYSICAL OR DEADLY FORCE AGA INST INTRUDER
A. The Legislature hereby recognizes 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 policies regarding the po ssession of weapons
on property pursuant to the provisions of Section 1290.22 of this
title.
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 p resumed to have held a
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reasonable fear of imminent 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 t he defensive force was used
was in the process of unlawfully and forcefully
entering, or had unlawful ly and forcibly entered, a
dwelling, residence, occupied vehicle, plac e of
business or place of worship, or if that pers on had
removed or was attempting to remove another against
the will of that person from 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 entry or
unlawful and forcible act was occurring or had
occurred; or
2. The person who uses defensive force knew or had a reasonable
belief that the person against whom the defensive force was used
entered or was attempting to enter into a dw elling, residence,
occupied vehicle, place of business or place of worship for the
purpose of committing a forcible felony, as defined i n Section 733
of this title, and that the defensive force was necessar y to prevent
the commission of the forcible felony .
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C. The presumption set forth in subsection B of this section
does not apply if:
1. The person against whom the defensive force is us ed has the
right to be in or is a lawful resident of the dwelling, res idence,
or vehicle, such as an owner, lessee, or t itleholder, and there is
not a protective order from domestic violence in effect or a written
pretrial supervision order of no contact a gainst that person;
2. The person or persons sought to be removed are children or
grandchildren, or are otherwise in th e lawful custody or under the
lawful guardianship of, the person against whom the defensive force
is used; or
3. The person who uses de fensive force is engaged in an
unlawful activity or is using the dwell ing, residence, occupied
vehicle, place of busines s or place of worship to further an
unlawful activity.
D. A person who is not engaged in an unlawful activity and who
is attacked in any other place where he or she has a right to be has
no duty to retreat and has the right to stand his or her ground and
meet force with force, including de adly force, if he or she
reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the
commission of a forcible felony.
E. A person who unlawfully a nd by force enters or attempts to
enter the dwelling, residence, occupied vehicle of another person,
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place of business or place of wors hip is presumed to be doing so
with the intent to commit an unlawful a ct involving force or
violence.
F. A person who uses defensive force, as permitted p ursuant to
the provisions of subsections A, B, D and E of this section, is
justified in using such de fensive force and is immune from criminal
prosecution and civil action for the use of such defensive force.
As used in this subsection, the term "criminal prosecution" includes
charging or prosecuting the defendant.
G. A law enforcement agency may use st andard procedures for
investigating the use of defensive force, but th e law enforcement
agency may not arrest the person for using defensive force unless i t
determines that there is probable cause that the defensive force
that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any ci vil action brought by a plaintiff if
the court finds that the defendant is immune from prosecution as
provided in subsection F of this section.
I. The provisions of this section and the provisions 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 m anner.
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J. A person pointing a weapon at a perpetrator in self -defense
or in order to thwart, stop or deter a forcible f elony or attempted
forcible felony shall not be deemed guilty of committing a criminal
act.
K. 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 attempted forcible
felony;
2. "Dwelling" means a building or conveyance 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 designe d to be occupied by people the
parcel of land to the property lines and any building or structure
erected thereon, of whatever form, regardless of whether movable or
temporary, which is for the time being the residence or place of
lodging of the person ;
3. "Place of worship" means:
a. any permanent building, structure, facility or office
space owned, leased, rented or borrowed, on a full -
time basis, when used for worship services, activities
and business of the congregati on, which may include,
but not be limited to, churches, temples, synagogues
and mosques, and
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b. any permanent building, structure, facil ity 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 congrega tion including,
but not limited to, churches, 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 designed to transport people or property.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5019 GRS 01/10/23