Oklahoma 2023 Regular Session

Oklahoma House Bill HB2049 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2049 Page 1 1
	3	+	HB2049 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2049 By: Hardin, Grego, Smith,
30		-	Sneed, Randleman, Humphrey,
31		-	Dobrinski, West (Josh),
32		-	Patzkowsky, Cantrell,
33		-	Townley, West (Kevin), Ford
34		-	of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2049 By: Hardin of the House
35	38
36	39		and
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38	41		Woods of the Senate
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	46	+
	47	+	COMMITTEE SUBSTITUTE
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44	49		An Act relating to crimes and punishments; amending
45	50		21 O.S. 2021, Section 1289.25, which relates to t he
46	51		use of physical or deadly force; expanding scope of
47	52		certain definition; and declaring an emergency.
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52	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	58		SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.25, is
54	59		amended to read as follows:
55	60		Section 1289.25
56	61		PHYSICAL OR DEADLY FORCE AGA INST INTRUDER
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58	63		A. The Legislature hereby recognizes that the citizens of the
59	64		State of Oklahoma have a right to expect absolu te safety within
60	65		their own homes, places of business or places of worship and have
61	66		the right to establish policies regarding the po ssession of weapons
62		-	on property pursuant to the provisions of Section 1290.22 of this
63		-	title.
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65		-	ENGR. H. B. NO. 2049 Page 2 1
	68	+	HB2049 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
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	94	+	on property pursuant to the provisions of Section 1290.22 of this
	95	+	title.
90	96		B. A person, regardless of offi cial capacity or lack of
91	97		official capacity, wi thin a place of worship or a person, an owner,
92	98		manager or employee of a business is p resumed to have held a
93	99		reasonable fear of imminent peril of death or great bodily harm to
94	100		himself or herself or another when using defensive force that is
95	101		intended or likely to cause death or great bodily harm to another
96	102		if:
97	103		1. a. The person against whom t he defensive force was used
98	104		was in the process of unlawfully and forcefully
99	105		entering, or had unlawful ly and forcibly entered, a
100	106		dwelling, residence, occupied vehicle, plac e of
101	107		business or place of worship, or if that person had
102	108		removed or was attempting to remove another against
103	109		the will of that person from the dwelling, residence,
104	110		occupied vehicle, place of business or place of
105	111		worship.
106	112		b. The person who uses defensive for ce knew or had reason
107	113		to believe that an unlawful and forcible entry or
108	114		unlawful and forcible act was occurring or had
109	115		occurred; or
110	116		2. The person who uses defensive force knew or had a reasonable
111	117		belief that the person against whom the defensive force was used
112		-	entered or was attempting to enter into a dwelling, residence,
113		-	occupied vehicle, place of business or place of worship for the
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115		-	ENGR. H. B. NO. 2049 Page 3 1
	119	+	HB2049 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 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
140	147		purpose of committing a forcible felony, as defined i n Section 733
141	148		of this title, and that the defensive force was necessar y to prevent
142	149		the commission of the forcible felony.
143	150		C. The presumption set forth in subsection B of this section
144	151		does not apply if:
145	152		1. The person against whom the defensive force is us ed has the
146	153		right to be in or is a lawful resident of the dwelling, res idence,
147	154		or vehicle, such as an owner, lessee, or titleholder, and there is
148	155		not a protective order from domestic violence in effect or a written
149	156		pretrial supervision order of no contact a gainst that person;
150	157		2. The person or persons sought to be removed are children or
151	158		grandchildren, or are otherwise in the lawful custody or under the
152	159		lawful guardianship of, the person against whom the defensive force
153	160		is used; or
154	161		3. The person who uses de fensive force is engaged in an
155	162		unlawful activity or is using the dwell ing, residence, occupied
156	163		vehicle, place of business or place of worship to further an
157	164		unlawful activity.
158	165		D. A person who is not engaged in an unlawful activity and who
159	166		is attacked in any other place where he o r she has a right to be has
160	167		no duty to retreat and has the right to stand his or her ground and
161	168		meet force with force, including de adly force, if he or she
162		-	reasonably believes it is necessary to do so to prevent death or
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164		-	ENGR. H. B. NO. 2049 Page 4 1
	170	+	HB2049 HFLR Page 4
	171	+	BOLD FACE denotes Committee Amendments. 1
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	196	+	reasonably believes it is necessary to do so to prevent death or
189	197		great bodily harm to himself or her self or another or to prevent the
190	198		commission of a forcible felony.
191	199		E. A person who unlawfully and by force enters or attempts to
192	200		enter the dwelling, residence, occupied vehicle of another person,
193	201		place of business or place of wors hip is presumed to be do ing so
194	202		with the intent to commit an unlawful a ct involving force or
195	203		violence.
196	204		F. A person who uses defensive force, as permitted p ursuant to
197	205		the provisions of subsections A, B, D and E of this section, is
198	206		justified in using such de fensive force and is imm une from criminal
199	207		prosecution and civil action for the use of such defensive force.
200	208		As used in this subsection, the term "criminal prosecution" includes
201	209		charging or prosecuting the defendant.
202	210		G. A law enforcement agency may use st andard procedures for
203	211		investigating the use of defensive force, but th e law enforcement
204	212		agency may not arrest the person for using defensive force unless i t
205	213		determines that there is probable cause that the defensive force
206	214		that was used was unlawful.
207	215		H. The court shall award reas onable attorney fees, court costs,
208	216		compensation for loss of income, and all expenses incurred by the
209	217		defendant in defense of any ci vil action brought by a plaintiff if
210	218		the court finds that the defendant is immune from prosecution as
211	219		provided in subsection F of this section.
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213		-	ENGR. H. B. NO. 2049 Page 5 1
	221	+	HB2049 HFLR Page 5
	222	+	BOLD FACE denotes Committee Amendments. 1
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238	247		I. The provisions of this section and the provisions of the
239	248		Oklahoma Self-Defense Act shall not be construed to require any
240	249		person using a weapon pursuant to the provisions of this section to
241	250		be licensed in any m anner.
242	251		J. A person pointing a weapon at a perpetrator in self -defense
243	252		or in order to thwart, stop or deter a forcible felony or attempted
244	253		forcible felony shall not be deemed guilty of committing a criminal
245	254		act.
246	255		K. As used in this section:
247	256		1. "Defensive force" includes, but shall not be limited to,
248	257		pointing a weapon at a p erpetrator in self-defense or in order to
249	258		thwart, stop or deter a forcible felony or attempted forcible
250	259		felony;
251	260		2. "Dwelling" means a building or conveyance of any kind,
252	261		including any attached porch, whether t he building or conveyance is
253	262		temporary or permanent, mobile or immobile, which has a roof over
254	263		it, including a tent, and is designe d to be occupied by people the
255	264		parcel of land to the property lines and any building or structure
256	265		erected thereon, of whatever form, regardless of whether movable or
257	266		temporary, which is for the time being the residence or place of
258	267		lodging of the person ;
259	268		3. "Place of worship" means:
260	269		a. any permanent building, structure, facility or office
261	270		space owned, leased, rented or borrowed, on a full-
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263		-	ENGR. H. B. NO. 2049 Page 6 1
	272	+	HB2049 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
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288	298		time basis, when used for worship services, activities
289	299		and business of the congregation, which may include,
290	300		but not be limited to, churches, temples, synagogues
291	301		and mosques, and
292	302		b. any permanent building, structure, facil ity or office
293	303		space owned, leased, rented or borrowed for use on a
294	304		temporary basis, when used for worship services,
295	305		activities and business of the congrega tion including,
296	306		but not limited to, churches, temples, synagogues and
297	307		mosques;
298	308		4. "Residence" means a dwelling in which a pe rson resides
299	309		either temporarily or permanently or is visiting as an invited
300	310		guest; and
301	311		5. "Vehicle" means a conveyance of any kind , whether or not
302	312		motorized, which is designed to transport people or property.
303	313		SECTION 2. It being immediate ly necessary for the preservation
304	314		of the public peace, health or safety, an emergency is hereby
305	315		declared to exist, by reason whereof this act shall take effect and
306	316		be in full force from and after its passage an d approval.
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333		-	Passed the House of Representatives t he 9th day of March, 2023.
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338		-	Presiding Officer of the House
339		-	of Representatives
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343		-	Passed the Senate the ___ day of __________, 2023.
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348		-	Presiding Officer of the Senate
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	318	+	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
	319	+	dated 02/22/2023 - DO PASS, As Amended and Coauthored.