Oklahoma 2023 Regular Session

Oklahoma House Bill HB2155 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2155 Page 1 1
	3	+	HB2155 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2155 By: West (Kevin)of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Bergstrom of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2155 By: West (Kevin)
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	43	+
	44	+
	45	+	COMMITTEE SUBSTITUTE
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40	47		An Act relating to firearms; amending 21 O.S. 2021,
41	48		Section 1289.25, which relates to the Oklahoma
42	49		Firearms Act of 1971; clarifying immunity provision
43	50		for persons asserting claims of self-defense;
44	51		authorizing defendants and the state to appeal
45	52		adverse rulings made by the court; and providing an
46	53		effective date.
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54	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	62		SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.25, is
56	63		amended to read as follows:
57	64		Section 1289.25
58	65		PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
59	66
60	67		A. The Legislature hereby recogniz es that the citizens of the
61	68		State of Oklahoma have a right to expect absolut e safety within
62	69		their own homes, places of business or places of worship and have
63		-	the right to establish po licies regarding the possession of weapons
64		-	on property pursuant to the pr ovisions of Section 1290.22 of this
65		-	title.
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67		-	ENGR. H. B. NO. 2155 Page 2 1
	71	+	HB2155 HFLR Page 2
	72	+	BOLD FACE denotes Committee Amendments. 1
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	97	+	the right to establish po licies regarding the possession of weapons
	98	+	on property pursuant to the pr ovisions of Section 1290.22 of this
	99	+	title.
92	100		B. A person, regardless of official capacity or lack of
93	101		official capacity, wi thin a place of worship or a person, an owner,
94	102		manager or employee of a business is presumed to have held a
95	103		reasonable fear of imminent peril of death or great bodily harm to
96	104		himself or herself or another when using defensive force that is
97	105		intended or likely to cause death or great bodily harm to another
98	106		if:
99	107		1. a. The person against whom the defensive force was used
100	108		was in the process of unlawfully and forcefully
101	109		entering, or had unlawfully and forcibly entered, a
102	110		dwelling, residence, occupied vehicle, plac e of
103	111		business or place of worship, or if that person had
104	112		removed or was attempting to remove another against
105	113		the will of that person fr om the dwelling, residence,
106	114		occupied vehicle, place of business or place of
107	115		worship.
108	116		b.
109	117		2. The person who uses defensive for ce knew or had reason to
110	118		believe that an unlawful and for cible entry or unlawful and forcible
111	119		act was occurring or had occurred; o r
112		-	2. 3. The person who uses defensive force knew or had a
113		-	reasonable belief that the person against whom the defensive force
114		-	was used entered or was attempting to enter into a dwelli ng,
115		-	residence, occupied vehicle, place of business o r place of worship
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117		-	ENGR. H. B. NO. 2155 Page 3 1
	121	+	HB2155 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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	147	+	2. 3. The person who uses defensive force knew or had a
	148	+	reasonable belief that the person against whom the defensive force
	149	+	was used entered or was attempting to enter into a dwelli ng,
	150	+	residence, occupied vehicle, place of business o r place of worship
142	151		for the purpose of committing a forcible felony, as defined in
143	152		Section 733 of this title, and that the defensive force was
144	153		necessary to prevent the commission of the forcible felony.
145	154		C. The presumption set forth in subsection B of this section
146	155		does not apply if:
147	156		1. The person against whom the defensive force is used has the
148	157		right to be in or is a lawful resident of the dwelling, res idence,
149	158		or vehicle, such as an owner, lessee, or title holder, and there is
150	159		not a protective order from dom estic violence in eff ect or a written
151	160		pretrial supervision order of no contact against that person;
152	161		2. The person or persons sought to be removed are children or
153	162		grandchildren, or are otherwise in the la wful custody or under the
154	163		lawful guardianship of, th e person against whom the defensive force
155	164		is used; or
156	165		3. The person who uses defensive force is engaged in an
157	166		unlawful activity or is using the dwell ing, residence, occupied
158	167		vehicle, place of business or place of worship to further an
159	168		unlawful activity.
160	169		D. A person who is no t engaged in an unlawful activity and who
161	170		is attacked in any other place where he or she has a right to be has
162		-	no duty to retreat and has the right to stand his or her ground and
163		-	meet force with force, including deadly force, if he or she
164		-	reasonably believes it is necessary to do so to prevent death or
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166		-	ENGR. H. B. NO. 2155 Page 4 1
	172	+	HB2155 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
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	198	+	no duty to retreat and has the right to stand his or her ground and
	199	+	meet force with force, including deadly force, if he or she
	200	+	reasonably believes it is necessary to do so to prevent death or
191	201		great bodily harm to himself or herself or another or to prevent the
192	202		commission of a forcible felony.
193	203		E. A person who unlawfully and b y force enters or attempts to
194	204		enter the dwelling, re sidence, occupied veh icle of another person,
195	205		place of business or place of worship is presumed to be doing so
196	206		with the intent to commit an unlawful a ct involving force or
197	207		violence.
198	208		F. A person who uses defensive force, as permitted pursuant to
199	209		the provisions of subsections A, B, D and E of this section, is
200	210		justified in using such defensive force and is immune from and shall
201	211		not be subject to criminal prosecution and civil action for the use
202	212		of such defensive force. As used in this subsection, t he term
203	213		"criminal prosecution" includes charging or prosecuting the
204	214		defendant.
205	215		1. A defendant who is denied immu nity under the provisions of
206	216		this subsection may appeal the ruling to the Court of Criminal
207	217		Appeals pursuant to Section 1051 of Title 22 of the Oklahoma
208	218		Statutes.
209	219		2. If the district court grants immunity under the provisions
210	220		of this subsection, the state may appeal the ruling to the Court of
211		-	Criminal Appeals pursuant to Se ction 1053 of Title 22 of the
212		-	Oklahoma Statutes.
213		-	G. A law enforcement agency may us e standard procedures for
214		-	investigating the use of defensive force, but th e law enforcement
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216		-	ENGR. H. B. NO. 2155 Page 5 1
	222	+	HB2155 HFLR Page 5
	223	+	BOLD FACE denotes Committee Amendments. 1
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	248	+	Criminal Appeals pursuant to Se ction 1053 of Title 22 of the
	249	+	Oklahoma Statutes.
	250	+	G. A law enforcement agency may us e standard procedures for
	251	+	investigating the use of defensive force, but th e law enforcement
241	252		agency may not arrest the person for using defensi ve force unless it
242	253		determines that there is probable cause that the defensive force
243	254		that was used was unlawful.
244	255		H. The court shall award reasonable attorney fees, court costs,
245	256		compensation for loss of income, and all expenses incurred by the
246	257		defendant in defense of any civil action brought by a plaintiff if
247	258		the court finds that the defendant is immune from and not subject to
248	259		criminal prosecution as provided in subsection F of this section.
249	260		I. The provisions of this section and the provisions of the
250	261		Oklahoma Self-Defense Act shall not be construed to require any
251	262		person using a weapon pursuant to the provisions of this section to
252	263		be licensed in any manner.
253	264		J. A person pointing a weapon at a perpetrator in self -defense
254	265		or in order to thwart, stop or deter a forc ible felony or attempted
255	266		forcible felony shall not be deemed guilty of committing a criminal
256	267		act.
257	268		K. As used in this section:
258	269		1. "Defensive force" includes, but shall not be limited to,
259	270		pointing a weapon at a p erpetrator in self-defense or in order to
260		-	thwart, stop or deter a forcible felony or attempted forcible
261		-	felony;
262		-	2. "Dwelling" means a building or conveya nce of any kind,
263		-	including any attached porch, whether the building or conveyance is
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265		-	ENGR. H. B. NO. 2155 Page 6 1
	272	+	HB2155 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
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	298	+	thwart, stop or deter a forcible felony or attempted forcible
	299	+	felony;
	300	+	2. "Dwelling" means a building or conveya nce of any kind,
	301	+	including any attached porch, whether the building or conveyance is
290	302		temporary or permanent, mobile or immobile, which has a roof over
291	303		it, including a tent, and is designed to be occupied by people;
292	304		3. "Place of worship" means:
293	305		a. any permanent building, struc ture, facility or office
294	306		space owned, leased, rented or borrowed, on a full -
295	307		time basis, when used for worship services, activ ities
296	308		and business of the congregation, which may include,
297	309		but not be limited to, churches, temples, synagogue s
298	310		and mosques, and
299	311		b. any permanent building, structure, facility or office
300	312		space owned, leased, rente d or borrowed for use on a
301	313		temporary basis, when used for worship services,
302	314		activities and business of the congregation including
303	315		which may include, but is not limited to, churches,
304	316		temples, synagogues and mosques;
305	317		4. "Residence" means a dwelling in which a person resides
306	318		either temporarily or perm anently or is visiting as an invited
307	319		guest; and
308	320		5. "Vehicle" means a conveyance of any kind, whether or not
309	321		motorized, which is de signed to transport people or property.
310		-	SECTION 2. This act shall become effective November 1, 2023.
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312		-	ENGR. H. B. NO. 2155 Page 7 1
	323	+	HB2155 HFLR Page 7
	324	+	BOLD FACE denotes Committee Amendments. 1
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337		-	~~Passed the House of Representatives the 21st day of March~~, 2023.
	349	+	SECTION 2. This act shall become effective November 1, 2023.
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339		-
340		-
341		-
342		-	Presiding Officer of the House
343		-	of Representatives
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347		-	Passed the Senate the ____ day of __________, 2023.
348		-
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352		-	Presiding Officer of the Senat e
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	351	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
	352	+	03/01/2023 - DO PASS, As Amended.