Oklahoma 2024 Regular Session

Oklahoma House Bill HB2532 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2532 Page 1 1
	3	+	HB2532 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2532 By: Humphrey of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30	30
31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Bullard of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	HOUSE BILL 2532 By: Humphrey
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	39	+	AS INTRODUCED
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38	41		An Act relating to firearms; amending 21 O.S. 2021,
39	42		Section 1289.25, which relates to the use of physical
40	43		or deadly force; adding definition; and providing an
41	44		effective date.
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46	49		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
47	50		SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.25, is
48	51		amended to read as follows:
49	52		Section 1289.25
50	53		PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
51	54		A. The Legislature hereby recognizes that the citizens of the
52	55		State of Oklahoma have a r ight to expect absolute safety within
53	56		their own homes, places of business or places of worship and have
54	57		the right to establish policies regarding the possession of weapons
55	58		on property pursuant to the provisions of Section 1290.22 of this
56	59		title.
57	60		B. A person, regardless of official capacity or lack of
58	61		official capacity, wi thin a place of worship or a person, an o wner,
59	62		manager or employee of a business is presumed to have held a
60		-	reasonable fear of imminent peril of death or great bodily harm to
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62		-	ENGR. H. B. NO. 2532 Page 2 1
	64	+	HB2532 HFLR Page 2
	65	+	BOLD FACE denotes Committee Amendments. 1
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	90	+	reasonable fear of imminent peril of death or great bodily harm to
87	91		himself or herself or another when using defensive force th at is
88	92		intended or likely to cause death or great bodily harm to another
89	93		if:
90	94		1. a. The the person against whom the defensive force was
91	95		used was in the process of unlawfully and forcefully
92	96		entering, or had unlawfully and forcibly entered, a
93	97		dwelling, residence, occupied vehicle, plac e of
94	98		business or place of worship, or if that person had
95	99		removed or was attempt ing to remove another against
96	100		the will of that person from the dwelling, residence,
97	101		occupied vehicle, place of business or place of
98	102		worship., or
99	103		b. The the person who uses defensive for ce knew or had
100	104		reason to believe that an unlawful and forcible entry
101	105		or unlawful and forcible act was occurring or had
102	106		occurred; or
103	107		2. The person who uses defensive force knew or had a reasonable
104	108		belief that the person against whom t he defensive force was used
105	109		entered or was attempti ng to enter into a dwelling, residence,
106	110		occupied vehicle, place of business or place of worship for the
107	111		purpose of committing a forcible felony, as define d in Section 733
108	112		of this title, and that the defens ive force was necessar y to prevent
109	113		the commission of the forcible felony.
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111		-	ENGR. H. B. NO. 2532 Page 3 1
	115	+	HB2532 HFLR Page 3
	116	+	BOLD FACE denotes Committee Amendments. 1
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136	141		C. The presumption set forth in subsection B of this section
137	142		does not apply if:
138	143		1. The person against whom the defensive force is used has the
139	144		right to be in or is a lawful residen t of the dwelling, res idence,
140	145		or vehicle, such as a n owner, lessee, or titleholder, and there is
141	146		not a protective order from domestic violence in effect or a written
142	147		pretrial supervision order of no contac t against that person;
143	148		2. The person or persons so ught to be removed are children or
144	149		grandchildren, or are otherwise in the lawful custody or u nder the
145	150		lawful guardianship of, the person against whom the defensive force
146	151		is used; or
147	152		3. The person who uses defensive force is engaged in an
148	153		unlawful activity or is using the dwell ing, residence, occupied
149	154		vehicle, place of business or place of worship to further an
150	155		unlawful activity.
151	156		D. A person who is not engaged in an unlawful activity and who
152	157		is attacked in any other place where he or she has a right to be has
153	158		no duty to retreat and has the right to stand h is or her ground and
154	159		meet force with force , including deadly force, if he or she
155	160		reasonably believes it is necessary to do so to prevent death or
156	161		great bodily harm to himself or herself or another or to pr event the
157	162		commission of a forcible felony.
158	163		E. A person who unlawfully and by force enters or attempts to
159	164		enter the dwelling, residence, occupied vehicle of another person,
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161		-	ENGR. H. B. NO. 2532 Page 4 1
	166	+	HB2532 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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186	192		place of business or place of w orship is presumed to be doing so
187	193		with the intent to commit an unlawful a ct involving force or
188	194		violence.
189	195		F. A person who uses defensive force, as permitted pursuant to
190	196		the provisions of subsections A, B, D and E of this section, is
191	197		justified in using such defensive force and is immune from criminal
192	198		prosecution and civil action for the use of such defensiv e force.
193	199		As used in this subsection, the term "criminal prosecution " includes
194	200		charging or prosecuting the defendant.
195	201		G. A law enforcement agency may use standard procedures for
196	202		investigating the use of d efensive force, but th e law enforcement
197	203		agency may not arrest the person for using defensive force unless it
198	204		determines that there is probable cause that the defensive force
199	205		that was used was unlawful.
200	206		H. The court shall award reasonable attorney fees, co urt costs,
201	207		compensation for loss of income, and all expenses incurred by the
202	208		defendant in defense of any civil action brought by a plaintiff if
203	209		the court finds that the defendant is immune from prosecution as
204	210		provided in subsection F of this section.
205	211		I. The provisions of this section and the provisions of the
206	212		Oklahoma Self-Defense Act shall not b e construed to require any
207	213		person using a weapon pursuant to the provisions of this section to
208	214		be licensed in any manner.
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210		-	ENGR. H. B. NO. 2532 Page 5 1
	216	+	HB2532 HFLR Page 5
	217	+	BOLD FACE denotes Committee Amendments. 1
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235	242		J. A person pointing a weapon at a perpe trator in self-defense
236	243		or in order to thwart, stop or deter a forcible felony or attempted
237	244		forcible felony shall not be deemed guilty of committing a criminal
238	245		act.
239	246		K. As used in this section:
240	247		1. "Defensive force" includes, but shall not be limited to,
241	248		pointing a weapon at a p erpetrator in self-defense or in order to
242	249		thwart, stop or deter a forci ble felony or attempted forcible
243	250		felony;
244	251		2. "Dwelling" means a building or conveyance of any kind,
245	252		including any attached porch, whether the building or conveyanc e is
246	253		temporary or permanent, mobile or immobile, wh ich has a roof over
247	254		it, including a tent, and is designed to be occupied by people;
248	255		3. "Person" means every natural person, including peace
249	256		officers;
250	257		4. "Place of worship" means:
251	258		a. any permanent buildin g, structure, facility or office
252	259		space owned, leased, rented or borrowed, on a full -
253	260		time basis, when used for worship services, activities
254	261		and business of the congregation, which may include,
255	262		but not be limited to, churches, temples, synagogues
256	263		and mosques, and
257	264		b. any permanent building, structure, facilit y or office
258	265		space owned, leased, rente d or borrowed for use on a
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260		-	ENGR. H. B. NO. 2532 Page 6 1
	267	+	HB2532 HFLR Page 6
	268	+	BOLD FACE denotes Committee Amendments. 1
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285	293		temporary basis, when used for worship services,
286	294		activities and business of the congregat ion including,
287	295		but not limited to, churches, temple s, synagogues and
288	296		mosques;
289	297		4. 5. "Residence" means a dwelling in which a person resides
290	298		either temporarily or permanently or is visiting as an invited
291	299		guest; and
292	300		5. 6. "Vehicle" means a conveyance of any kind, whether or not
293	301		motorized, which is designed to transport people or property.
294	302		SECTION 2. This act shall become effective November 1, 2023.
295		-	Passed the House of Representatives the 21st day of March, 2023.
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300		-	Presiding Officer of the House
301		-	of Representatives
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305		-	Passed the Senate the ____ day of __________, 2023.
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310		-	Presiding Officer of the Senate
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	304	+	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
	305	+	dated 02/16/2023 - DO PASS.