OK
Oklahoma House Bill HB2990

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2990 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 59th Legislature (2024)
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3232 HOUSE BILL 2990 By: West,(Josh)
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3838 AS INTRODUCED
3939
4040 An Act relating to domestic abuse; 21 O.S. 2021,
4141 Section 644, as amended by Section 1, Chapter 212,
4242 O.S.L. 2023 (21 O.S. Supp. 2023, Section 644), which
4343 relates to assault and battery; expanding scope of
4444 certain domestic abuse penalties; and providing an
4545 effective date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as
5454 amended by Section 1, Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023,
5555 Section 644), is amended to read as follows:
5656 Section 644. A. Assault shall be punishable by imprison ment in
5757 a county jail not exceeding thirty (30) days, or b y a fine of not
5858 more than Five Hundred Dollars ($500.00), or by both such fine and
5959 imprisonment.
6060 B. Assault and battery shall be punishable by imprisonment in a
6161 county jail not exceeding ninety (90 ) days, or by a fine of not more
6262 than One Thousand Dollars ($1,000.00), or by both such fine and
6363 imprisonment.
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9090 C. Any person who commit s any assault and battery against a
9191 current or former intimate partner or a family or household member
9292 as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
9393 shall be guilty of domestic abuse. Upon conviction, the defendant
9494 shall be punished by i mprisonment in the custody of the Department
9595 of Corrections for not more than two (2 ) years or in the a county
9696 jail for not more than one (1) year, or by a fine not exceeding Fiv e
9797 Thousand Dollars ($5,000. 00), or by both such fine and imprisonment.
9898 Upon conviction for a second or subsequent offense, the person shall
9999 be punished by impriso nment in the custody of the Department of
100100 Corrections for not more than four (4) years, or by a fine not
101101 exceeding Five Thousand Dollars ($5,000.00), or by both such fine
102102 and imprisonment. The provisions of Section 51.1 of this title
103103 shall apply to any se cond or subsequent offense.
104104 D. 1. Any person who, with intent to do bodily harm and
105105 without justifiable or excusable c ause, commits any assault,
106106 battery, or assault and battery upon an intimate partner or a family
107107 or household member as defined by Sectio n 60.1 of Title 22 of the
108108 Oklahoma Statutes with any sharp or dangerous weapon, upon
109109 conviction, is guilty of domestic a ssault or domestic assault and
110110 battery with a dangerous weapon which shall be a felony and
111111 punishable by imprisonment in the custody of the Department of
112112 Corrections not exceeding ten (10) years, or by imprisonment in a
113113 county jail not exceeding one (1) ye ar. The provisions of Section
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140140 51.1 of this title shall apply to any second or subsequent
141141 conviction for a violation of this paragraph.
142142 2. Any person who, without such cause, shoots an intimate
143143 partner or a family or household m ember as defined by Section 60.1
144144 of Title 22 of the Oklahoma Statutes by means of any deadly weapon
145145 that is likely to produ ce death shall, upon conviction, be guil ty of
146146 domestic assault and battery with a deadly weapon which shall be a
147147 felony punishable by imprisonment in the custod y of the Department
148148 of Corrections not exceeding life. The provisions of Section 51.1
149149 of this title shall apply to any second or subseq uent conviction for
150150 a violation of this paragraph.
151151 E. Any person convicted of domestic abuse committed against a
152152 pregnant woman with knowledge of the pregnancy shall be guilty of a
153153 misdemeanor, punishable domestic abuse against a pregnant woman .
154154 Upon conviction, the defendant shall be punished by imprisonment in
155155 the custody of the Department of Corrections for not less than five
156156 (5) years or in a county jail for not more th an one (1) year.
157157 Any person convicted of a second or subsequent offense of
158158 domestic abuse against a pregnant woman with knowledge of the
159159 pregnancy shall be guilty of a felony, punishable by imprisonment in
160160 the custody of the Department of Corrections for n ot less than ten
161161 (10) years.
162162 Any person convicted of domestic abuse committed against a
163163 pregnant woman with knowledge of the pregnancy and a miscarriage
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190190 occurs or injury to the unborn child occurs shall be guilty of a
191191 felony, punishable by imprisonment in the custody of the Department
192192 of Corrections for not less than twenty (20) years.
193193 F. Any person convicted of domestic a buse as defined in
194194 subsection C of this section that res ults in great bodily injury to
195195 the victim shall be guilty of a felony and punish ed by imprisonment
196196 in the custody of the Department of Corrections for not more than
197197 ten (10) years, or by imprisonment in the county jail for not more
198198 than one (1) year. The provisions of Section 51.1 of this title
199199 shall apply to any second or subsequent conviction of a violation of
200200 this subsection.
201201 G. Any person convicted of domestic abuse as defined in
202202 subsection C of this section that was committed in the presence of a
203203 child shall be punished by impris onment in the county jail for not
204204 less than six (6) months nor more than one (1) year, or by a fine
205205 not exceeding Five Thousand Dollars ($5,000.00), or by both such
206206 fine and imprisonment. Any person convicted of a second or
207207 subsequent domestic abuse as de fined in subsection C of this section
208208 that was committed in the presence of a child shall be punished by
209209 imprisonment in the custody of the Department of Corrections for not
210210 less than one (1) year nor more than five (5) years, or by a fine
211211 not exceeding Seven Thousand Dollars ($7,000.00), or by both such
212212 fine and imprisonment. The provisions of Section 51.1 of this title
213213 shall apply to any second or subsequent offense. F or every
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240240 conviction of a domestic abuse crime in violati on of any provision
241241 of this section committed against an intimate partner or a f amily or
242242 household member as defined by Section 60.1 of Title 22 of the
243243 Oklahoma Statutes, the court shall:
244244 1. Specifically order as a condition of a suspended or deferred
245245 sentence that a defendant partici pate in counseling or undergo
246246 treatment to bring a bout the cessation of domestic abuse as
247247 specified in paragraph 2 of this subsection;
248248 2. a. The court shall require the d efendant to complete an
249249 assessment and follow the recomm endations of a
250250 batterers' intervention program certified by the
251251 Attorney General. If the defendant is ordered to
252252 participate in a batterers' intervention program, the
253253 order shall require the defendan t to attend the
254254 program for a minimum of fifty -two (52) weeks,
255255 complete the program, a nd be evaluated before and
256256 after attendance of t he program by program staff.
257257 Three unexcused absences in succession or seven
258258 unexcused absences in a period of fifty -two (52) weeks
259259 from any court-ordered batterers' intervention program
260260 shall be prima facie evidence of the violation of the
261261 conditions of probation for the district attorney to
262262 seek acceleration or revocation of any probation
263263 entered by the court.
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290290 b. A program for anger management, couples counseling, or
291291 family and marital counseling shall not solely qualify
292292 for the counseling or treatment r equirement for
293293 domestic abuse pursuant to this subsection. The
294294 counseling may be ordered in addition to counseling
295295 specifically for the treatment of domestic abuse or
296296 per evaluation as set forth below. If, after
297297 sufficient evaluation and attendance at re quired
298298 counseling sessions, the domestic violence treatment
299299 program or licensed professional determines that the
300300 defendant does not evaluate as a perpetrator of
301301 domestic violence or does evaluate as a perpetr ator of
302302 domestic violence and should complete ot her programs
303303 of treatment simultaneously or prior to domestic
304304 violence treatment, including but not limited to
305305 programs related to the mental health, apparent
306306 substance or alcohol abuse or inability or refusa l to
307307 manage anger, the defendant shall be ordere d to
308308 complete the counseling as per the recommendations of
309309 the domestic violence treatment program or licensed
310310 professional;
311311 3. a. The court shall set a review hearing no more th an one
312312 hundred twenty (120) da ys after the defendant is
313313 ordered to participa te in a domestic abuse counseling
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340340 program or undergo treatment for domestic abuse to
341341 assure the attendance and compliance of the defendant
342342 with the provisions of this subsection an d the
343343 domestic abuse counselin g or treatment requirements.
344344 The court may suspend sentencing of the defendant
345345 until the defendant has presented proof to the court
346346 of enrollment in a program of treatme nt for domestic
347347 abuse by an individual licensed practiti oner or a
348348 domestic abuse treat ment program certified by the
349349 Attorney General and attendance at weekly sessions of
350350 such program. Such proof shall be presented to the
351351 court by the defendant no later th an one hundred
352352 twenty (120) days after the defendant is ordered to
353353 such counseling or treatment. At such time, the court
354354 may complete sentencing, beginning the period of the
355355 sentence from the date that proof of enrollment is
356356 presented to the court, and sc hedule reviews as
357357 required by subparagraphs a and b of t his paragraph
358358 and paragraphs 4 and 5 of this subsection. Three
359359 unexcused absences in succession or seven unexcused
360360 absences in a period of fifty -two (52) weeks from any
361361 court-ordered domestic abuse c ounseling or treatment
362362 program shall be prima facie evid ence of the violation
363363 of the conditions of probation for the district
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390390 attorney to seek acceleration or revocation of any
391391 probation entered by the court.
392392 b. The court shall set a second review hearing after the
393393 completion of the counseling or treatment to a ssure
394394 the attendance and compl iance of the defendant with
395395 the provisions of this subsection and the domestic
396396 abuse counseling or treatment requirements. The court
397397 shall retain continuing jurisdiction over the
398398 defendant during the course of ordered counsel ing
399399 through the final review h earing;
400400 4. The court may set subsequent or o ther review hearings as the
401401 court determines necessary to assure the defendant attends and fully
402402 complies with the provisions of this subsection and the domestic
403403 abuse counseling or treatment requirements;
404404 5. At any review hearing, if the defendant is no t
405405 satisfactorily attending individual counseling or a domestic abuse
406406 counseling or treatment program or is not in compliance w ith any
407407 domestic abuse counseling or treatment requireme nts, the court may
408408 order the defendant to further or continue counseling, treatment, or
409409 other necessary services. The court may revoke all or any part of a
410410 suspended sentence, deferred sentence, or p robation pursuant to
411411 Section 991b of Title 22 of the Okl ahoma Statutes and subject the
412412 defendant to any or all remaining portions of the original sentence;
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439439 6. At the first review hearing, the court shall require the
440440 defendant to appear in court. Thereaft er, for any subsequent review
441441 hearings, the court may ac cept a report on the progress of the
442442 defendant from individual counseling , domestic abuse counseling, or
443443 the treatment program. There shall be no requirement for the victim
444444 to attend review hearings; and
445445 7. If funding is available, a referee may be appoi nted and
446446 assigned by the presi ding judge of the district court to hear
447447 designated cases set for review under this subsection. Reasonable
448448 compensation for the referees shall be fixed by the presiding judge.
449449 The referee shall meet the requirements and perf orm all duties in
450450 the same manner and procedure as set forth in Section s 1-8-103 and
451451 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
452452 appointed in juvenile proceedings.
453453 The defendant may be required to pay all or part of the cost of
454454 the counseling or treatment, in t he discretion of the court.
455455 H. As used in subsection G of this section, "in the presence of
456456 a child" means in the physical presence of a child; or having
457457 knowledge that a child is present and may see or hear an act of
458458 domestic violence. For the purposes of subsections C and G of this
459459 section, "child" may be any child whether or not related to the
460460 victim or the defendant.
461461 I. For the purposes of subsections C and G of thi s section, any
462462 conviction for assault and battery agains t an intimate partner or a
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489489 family or household member as defined by S ection 60.1 of Title 22 of
490490 the Oklahoma Statutes shall constitute a sufficient basis for a
491491 felony charge:
492492 1. If that conviction is rendered in any state, county or
493493 parish court of record of this or any other state; o r
494494 2. If that conviction is rendered in any municipal court of
495495 record of this or any other state for which any jail time was
496496 served; provided, no conviction in a municipa l court of record
497497 entered prior to November 1, 1997, sha ll constitute a prior
498498 conviction for purposes of a felony charge.
499499 J. Any person who commits any assault and battery by
500500 strangulation or attempted strangulation against an intimate partner
501501 or a family or household member as defined by Section 60.1 of Ti tle
502502 22 of the Oklahoma Statute s shall, upon conviction, be gui lty of
503503 domestic abuse by strangulation and shall be punished by
504504 imprisonment in the custody of the Dep artment of Corrections for a
505505 period of not less than one (1) year nor more than three (3) ye ars,
506506 or by a fine of not more than Three Thousand Dollars ($3, 000.00), or
507507 by both such fine and imprisonment. Upon a second or subsequent
508508 conviction for a violatio n of this section, the defendant shall be
509509 punished by imprisonment in the custody of the Dep artment of
510510 Corrections for a period of not less than three (3) years nor more
511511 than ten (10) years, or by a fine of not more than Twenty Thousand
512512 Dollars ($20,000.00), or by both such fine and imprisonment. The
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539539 provisions of Section 51.1 of this title shal l apply to any second
540540 or subsequent conviction of a violation of this subsection. As used
541541 in this subsection, "strangulation" means any form of asphyxia;
542542 including, but not limited to, asphyxia characterized by closure of
543543 the blood vessels or air passages of the neck as a result of
544544 external pressure on the neck or t he closure of the nostrils or
545545 mouth as a result of external pressure on the head.
546546 K. Any district cou rt of this state and any judge thereof shall
547547 be immune from any liability or prosecution for issuing an order
548548 that requires a defendant to:
549549 1. Attend a treatment program for domestic abusers certified by
550550 the Attorney General;
551551 2. Attend counseling or trea tment services ordered as part of
552552 any suspended or deferred sentence or probation; and
553553 3. Attend, complete, and be ev aluated before and after
554554 attendance by a treatment program for domestic abusers, certified by
555555 the Attorney General.
556556 L. There shall be no charge of fees or costs to any victim of
557557 domestic violence, stalking, or sexual assault in c onnection with
558558 the prosecution of a domestic violence, stalkin g, or sexual assault
559559 offense in this state.
560560 M. In the course of prosecuting any charge of domestic ab use,
561561 stalking, harassment, rape, or violation of a protective order, the
562562 prosecutor shall provide the court, prior t o sentencing or any plea
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589589 agreement, a local history and any other available history of past
590590 convictions of the defendant within the last ten (10) years relating
591591 to domestic abuse, stalking, harassment, rape, violation of a
592592 protective order, or any other vi olent misdemeanor or felony
593593 convictions.
594594 N. Any plea of guilty or finding of guilt for a violation of
595595 subsection C, F, G, I or J of this se ction shall constitute a
596596 conviction of the offense for the purpose of this act or any other
597597 criminal statute under which the existence of a prior conviction is
598598 relevant for a period of ten (10) years following the completion of
599599 any court imposed probationa ry term; provided, the person has not,
600600 in the meantime, been convicted of a misdemeanor invo lving moral
601601 turpitude or a felony.
602602 O. For purposes of subsection F of this section, "great bodily
603603 injury" means bone fracture, protracted and obvious disfigurement ,
604604 protracted loss or impairment of the function of a body part, organ
605605 or mental faculty, or substantial risk of death.
606606 P. Any pleas of guilty or nolo con tendere or finding of guilt
607607 to a violation of any provision of this section shall constitute a
608608 conviction of the offense for the purpose of any subsection of this
609609 section under which the existen ce of a prior conviction is relevant
610610 for a period of ten (10) years following the completion of any
611611 sentence or court imposed probationary term.
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638638 SECTION 2. This act shall become effective November 1, 2024.
639639
640640 59-2-8606 GRS 01/07/24