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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 537 By: Pugh of the Senate
and
Boles of the House
An Act relating to assault and battery; amendin g 21
O.S. 2021, Section 644, which relate s to domestic
abuse; removing certain in tent stipulation; amending
57 O.S. 2021, Section 571, which relates to
definitions; expanding certain definition ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, is
amended to read as follows:
Section 644. A. Assault shall be punishable by imprison ment in
a county jail not exceeding thirty (30) days, or by a fine of not
more than Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
B. Assault and battery shall be punishable by imprisonment in a
county jail not exceeding ninety (90 ) days, or by a fine of not more
than One Thousand Dollars ($1,000.00), or by bo th such fine and
imprisonment.
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C. Any person who commit s any assault and battery against a
current or former intimate partner or a family or household member
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
shall be guilty of domestic abuse . Upon conviction, the defendant
shall be punished by i mprisonment in the county jail for not more
than one (1) year, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment. Upon conviction
for a second or subsequent offense, the person shall be punished by
imprisonment in the custody of the Department of Corrections for not
more than four (4) years, or by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment. The
provisions of Section 51.1 of this title shall apply to any se cond
or subsequent offense.
D. 1. Any person who, with intent to do bodily harm and
without justifiable or excusable c ause, commits any assault,
battery, or assault and battery upon an intimate part ner or a family
or household member as defined by Sectio n 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weapon, upon
conviction, is guilty of domestic a ssault or domestic assault and
battery with a dangerous weapon which shall be a felony and
punishable by imprisonment in the custody of the Department of
Corrections not exceeding ten (10) years, or by imprisonment in a
county jail not exceeding one (1) ye ar. The provisions of Section
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51.1 of this title shall apply to any second or s ubsequent
conviction for a violation of this paragraph.
2. Any person who, without such cause, shoots an intimate
partner or a family or household member as defined by Section 60.1
of Title 22 of the Oklahoma Statutes by means of any deadly weapon
that is likely to produce death shall, upon conviction, be guil ty of
domestic assault and battery with a deadly weapon which shall be a
felony punishable by imprisonment in the custod y of the Department
of Corrections not exceeding life. The provisions of Sectio n 51.1
of this title shall apply to any second or subseq uent conviction for
a violation of this paragraph.
E. Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy shall be guilty of a
misdemeanor, punishable by imprisonment in the county jail for not
more than one (1) year.
Any person convicted of a second or subsequent offense of
domestic abuse against a pregnant woman with knowledge of the
pregnancy shall be guilty of a felony, punishable by imprisonme nt in
the custody of the Department of Corrections for n ot less than ten
(10) years.
Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy and a miscarriage
occurs or injury to the unborn child occurs sha ll be guilty of a
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felony, punishable by imprisonment in the custody of the Department
of Corrections for not less than twenty (20) years.
F. Any person convicted of domestic a buse as defined in
subsection C of this section that results in great bodily inj ury to
the victim shall be guilty of a felony and punish ed by imprisonment
in the custody of the Department of Corrections for not more than
ten (10) years, or by imprisonment in the county jail for not more
than one (1) year. The provisions of Section 51 .1 of this title
shall apply to any second or subsequent conviction of a violation of
this subsection.
G. Any person convicted of domestic abuse as defined in
subsection C of this section that was committed in the presence of a
child shall be punished by imprisonment in the county jail for not
less than six (6) months nor more than one (1) year, or by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment. Any person convicted of a second or
subsequent domestic abuse as defined in subsection C of this section
that was committed in the presence of a child shall be punished by
imprisonment in the custody of the Department of Corrections for not
less than one (1) year nor more than five (5) years, or by a fine
not exceeding Seven Thousand Dollars ($7,000.00), or by both such
fine and imprisonment. The provisions of Section 51.1 of this title
shall apply to any second or subsequent offense. F or every
conviction of a domestic abuse crime in violation of any provision
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of this section committed against an intimate partner or a f amily or
household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes, the court shall:
1. Specifically order as a condition of a suspended or deferred
sentence that a defendant p articipate in counseling or undergo
treatment to bring a bout the cessation of domestic abuse as
specified in paragraph 2 of this subsection;
2. a. The court shall require the d efendant to complete an
assessment and follow the recommendations of a
batterers’ intervention program certified by the
Attorney General. If the defendan t is ordered to
participate in a batterers’ intervention program, the
order shall require the defendan t to attend the
program for a minimum of fifty -two (52) weeks,
complete the program, and be evaluated before and
after attendance of t he program by progra m staff.
Three unexcused absences in succession or seven
unexcused absences in a period of fifty -two (52) weeks
from any court-ordered batterers’ intervention program
shall be prima facie evidence of the violation of the
conditions of probation for the di strict attorney to
seek acceleration or revocation of any probation
entered by the court.
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b. A program for anger management, couples counseling, or
family and marital counseling sh all not solely qualify
for the counseling or treatment r equirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or
per evaluation as set forth belo w. If, after
sufficient evaluation and attendance at re quired
counseling sessions, the domestic violence treatment
program or licensed professional determines that the
defendant does not evaluate as a perpetrator of
domestic violence or does evaluate as a perpetrator of
domestic violence and should complete ot her programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limited to
programs related to the mental health, apparent
substance or alcohol abuse or inability o r refusal to
manage anger, the defendant shall be ordere d to
complete the counseling as per the recommendations of
the domestic violence treatment program or licensed
professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participa te in a domestic abuse counseling
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program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements.
The court may suspend sentencing of th e defendant
until the defendant has presented proof to the court
of enrollment in a program of treatme nt for domestic
abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at wee kly sessions of
such program. Such proof shall be presented to the
court by the defendant no later th an one hundred
twenty (120) days after the defendant is ordered to
such counseling or treatment. At such time, the court
may complete sentencing, beginni ng the period of the
sentence from the date that proof of enrollment is
presented to the court, and sc hedule reviews as
required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection. Three
unexcused absences in succession o r seven unexcused
absences in a period of fifty -two (52) weeks from any
court-ordered domestic abuse c ounseling or treatment
program shall be prima facie evidence of the violatio n
of the conditions of probation for the district
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attorney to seek acceleratio n or revocation of any
probation entered by the court.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and th e domestic
abuse counseling or treatment requirements. The court
shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
4. The court may set subsequent or ot her review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requireme nts;
5. At any review hearing, if the defendant is not
satisfactorily attendi ng individual counseling or a domestic abuse
counseling or treatment program or is not in compliance w ith any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, tr eatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, deferred sentence, or p robation pursuant to
Section 991b of Title 22 of the Oklahoma Statutes and s ubject the
defendant to any or all remaining portions of the original sentence ;
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6. At the first review hearing, the court shall require the
defendant to appear in court. Thereaft er, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, d omestic abuse counseli ng, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for re view under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Section s 1-8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.
The defendant may be required to pay all or part of the cost of
the counseling or treat ment, in the discretion of the court.
H. As used in subsection G of this sect ion, “in the presence of
a child” means in the physical presence of a child; or having
knowledge that a child is present and may see or hear an act of
domestic violence. For the purposes of subsections C and G of this
section, “child” may be any child whe ther or not related to the
victim or the defendant.
I. For the purposes of subsections C and G of thi s section, any
conviction for assault and battery against an intimate partne r or a
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family or household member as defined by Section 60.1 of Title 22 of
the Oklahoma Statutes shall constitute a sufficient basis for a
felony charge:
1. If that conviction is rendered in any state, county or
parish court of record of this or any othe r state; or
2. If that conviction is rendered in any mu nicipal court of
record of this or any other state for which any jail time was
served; provided, no conviction in a municipa l court of record
entered prior to November 1, 1997, shall constitute a prio r
conviction for purposes of a felony charge.
J. Any person who commits any a ssault and battery with intent
to cause great bodily harm by strangulation or attempted
strangulation against an intimate partner or a family or household
member as defined by Se ction 60.1 of Title 22 of the Oklahoma
Statutes shall, upon conviction, be gui lty of domestic abuse by
strangulation and shall be punished by imprisonment in the custody
of the Department of Corrections for a period of not less than one
(1) year nor more than three (3) years, or by a fine of not more
than Three Thousand Dollars ($3, 000.00), or by both such fine and
imprisonment. Upon a second or subsequent conviction for a
violation of this section, the defendant shall be punished by
imprisonment in the cu stody of the Department of Corrections for a
period of not less than three (3) years nor more than ten (10)
years, or by a fine of not more than Twenty Thousand Dollars
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($20,000.00), or by both such fine and imprisonment. The provisions
of Section 51.1 of this title shall apply to any second or
subsequent conviction of a violation of this subsection. As used in
this subsection, “strangulation” means any form of asphyxia;
including, but not limited to, asphyxia characterized by closure of
the blood vessels or air passages of the neck as a result of
external pressure on the neck or t he closure of the nostrils or
mouth as a result of external pressure on the head.
K. Any district cou rt of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defend ant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or trea tment services ordered as part of
any suspended or deferred sentence or prob ation; and
3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers, certified by
the Attorney General.
L. There shall be no charge of fees or costs to any victim of
domestic violence, stalking, or sex ual assault in connection with
the prosecution of a dome stic violence, stalkin g, or sexual assault
offense in this state.
M. In the course of prosecuting any charge of domestic ab use,
stalking, harassment, rape, or violation of a protective order, the
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prosecutor shall provide the court, prior to sentencing or any plea
agreement, a local history and any other available history of past
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violatio n of a
protective order, or any other violent misdemeano r or felony
convictions.
N. Any plea of guilty or finding of guilt for a violation of
subsection C, F, G, I or J of this se ction shall constitute a
conviction of the offense for the purpose of this a ct or any other
criminal statute under which the existen ce of a prior convicti on is
relevant for a period of ten (10) years following the completion of
any court imposed probationa ry term; provided, the person has not,
in the meantime, been convicted of a misdemeanor involving moral
turpitude or a felony.
O. For purposes of subsect ion F of this section, “great bodily
injury” means bone fracture, protracted and obvious disfigurement ,
protracted loss or impairment of the function of a body part, organ
or mental faculty, or substantial risk of death.
P. Any pleas of guilty or nolo con tendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.
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SECTION 2. AMENDATORY 57 O.S. 2021, Section 571, is
amended to read as follows:
Section 571. As used in the Oklahoma Statute s, unless another
definition is specified:
1. “Capacity” means the actual available bedspace as certified
by the State Board of Corrections subject to applicable federal and
state laws and the rules and regulations promulgated under such
laws; and
2. “Violent crime” means any of the following felony offenses
and any attempts to commit or conspiracy or solicitat ion to commit
the following crimes:
a. assault, battery, or assault and battery with a
dangerous or deadly weapon, as provided for in
Sections 645 and 652 of Title 21 of the Oklah oma
Statutes,
b. assault, battery, or assault and battery with a deadly
weapon or by other means likely to produce death or
great bodily harm, as provided for in Sectio n 652 of
Title 21 of the Oklahoma Statutes,
c. aggravated assault and battery on a polic e officer,
sheriff, highway patrolman, or any other officer of
the law, as provided for in Section 650 of Title 21 of
the Oklahoma Statutes,
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d. poisoning with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes,
e. shooting with intent to kill, as provided for in
Section 652 of Title 21 of the Oklaho ma Statutes,
f. assault with intent to kill, as provided for in
Section 653 of Title 21 of the Oklahoma Statutes,
g. assault with intent to commit a felony, as provided
for in Section 681 of Title 21 of the Oklahoma
Statutes,
h. assaults with a dangerous w eapon while masked or
disguised, as provided for in Section 1303 of Title 21
of the Oklahoma Statutes,
i. murder in the first degree, as provided f or in Section
701.7 of Title 21 of the Oklahoma Statutes,
j. murder in the second degree, as provided for in
Section 701.8 of Title 21 of the Oklahoma Statutes,
k. manslaughter in the first degree, as provided for in
Section 711 of Title 21 of the Oklahoma Statutes,
l. manslaughter in the second degree, as provided for in
Section 716 of Title 21 of the Oklahoma S tatutes,
m. kidnapping, as provided for in Section 741 of Title 21
of the Oklahoma Statutes ,
n. burglary in the first degree, as provided for in
Section 1431 of Title 21 of the Ok lahoma Statutes,
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o. burglary with explosives, as provided for in Section
1441 of Title 21 of the Oklahoma Statutes,
p. kidnapping for extortion, as provided for in Sect ion
745 of Title 21 of the Oklahoma Statutes,
q. maiming, as provided for in Section 751 of Title 21 of
the Oklahoma Statutes,
r. robbery, as provided for in Section 791 of Title 21 of
the Oklahoma Statutes,
s. robbery in the first degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
t. robbery in the second de gree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
u. armed robbery, as provided for in Section 801 of Title
21 of the Oklahoma Statutes ,
v. robbery by two or more persons, as provided for in
Section 800 of Title 21 of the O klahoma Statutes,
w. robbery with dangerous weapon or imitation firearm, as
provided for in Section 801 of Title 21 of the
Oklahoma Statutes,
x. child abuse, as provide d for in Section 843.5 of Title
21 of the Oklahoma Statu tes,
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y. wiring any equipment, ve hicle or structure with
explosives, as provided for in Section 849 of Title 2 1
of the Oklahoma Statutes,
z. forcible sodomy, as provided for in Section 888 of
Title 21 of the Oklahoma Statutes,
aa. rape in the first degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
bb. rape in the second degree, as provi ded for in Section
1114 of Title 21 of the Oklahoma Statutes,
cc. rape by instrumentation, as provided for in Section
1111.1 of Title 21 of the Okl ahoma Statutes,
dd. lewd or indecent proposition or lewd or indecent act
with a child under sixteen (16) year s of age, as
provided for in Section 1123 of Title 21 of the
Oklahoma Statutes,
ee. use of a firearm or offensive weapon to commit or
attempt to commit a felony, as provided for i n Section
1287 of Title 21 of the Oklahoma Statutes,
ff. pointing firearms, a s provided for in Section 1289.16
of Title 21 of the Oklahoma Statutes,
gg. rioting, as provided for in Section 1311 of Title 21
of the Oklahoma Statutes,
hh. inciting to riot, as provided for in Section 1320.2 of
Title 21 of the Oklahoma Statutes,
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ii. arson in the first degree, as provided for in Section
1401 of Title 21 of the Oklahoma Statute s,
jj. injuring or burning public buildings, as provided for
in Section 349 of Title 21 of the Oklahoma Statutes,
kk. sabotage, as provided for in Section 1262 of Ti tle 21
of the Oklahoma Statutes,
ll. criminal syndicalism, as provided for in Section 1261
of Title 21 of the Oklahoma Statutes,
mm. extortion, as provided for in Section 1481 of Title 21
of the Oklahoma Statutes,
nn. obtaining signature by extortion, as p rovided for in
Section 1485 of Title 21 of the Oklahoma Statutes,
oo. seizure of a bus, dis charging firearm or hurling
missile at bus, as provided for in Section 1903 of
Title 21 of the Oklahoma Statutes,
pp. mistreatment of a mental patient, as provided f or in
Section 843.1 of Title 21 of the Oklahoma Statutes,
qq. using a vehicle to facilitate the discharge of a
weapon pursuant to Section 652 of Ti tle 21 of the
Oklahoma Statutes,
rr. bombing offenses as defined in Section 1767.1 of Title
21 of the Oklahoma Statutes,
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ss. child pornography or aggravated child pornography as
defined in Section 102 1.2, 1021.3, 1024.1 or 1040.12a
of Title 21 of the Oklah oma Statutes,
tt. child prostitution as defined in Section 1030 of Title
21 of the Oklahoma Statutes,
uu. abuse of a vulnerable adult as defined in Section 10 -
103 of Title 43A of the Oklahoma Statutes ,
vv. aggravated trafficking as provided for in subsecti on C
of Section 2-415 of Title 63 of the Oklahoma Statutes,
ww. aggravated assault and battery upon any perso n
defending another person from assault and battery, as
provided for in Section 646 of Titl e 21 of the
Oklahoma Statutes,
xx. human trafficking, as provided for in Section 748 of
Title 21 of the Oklahoma Statutes,
yy. terrorism crimes as provided in Sectio n 1268 et seq.
of Title 21 of the Oklahoma Statutes,
zz. eluding a peace officer, as provid ed for in subsection
B or C of Section 540A of Title 21 of the Oklahoma
Statutes, or
aaa. domestic abuse by strangulation, domestic assault with
a dangerous weapon, domestic assault and battery with
a dangerous weapon, domestic assault and battery
resulting in great bodily injury, or domestic assault
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and battery with a deadly weapon, as provi ded for in
Section 644 of Title 21 of the Oklahoma Statutes.
Such offenses shall constitute exceptions to nonviolent offenses
pursuant to Article VI, Section 10 of the Oklahoma Constitution.
SECTION 3. This act shall become effective Novem ber 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
04/05/2023 - DO PASS.