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STATE OF OKLAHOMA
2nd Session of the 59th Legislature ( 2024)
HOUSE BILL 3775 By: Duel
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 644, as amended by Section 1,
Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, Section
644), which relates to assault and battery; making
certain acts unlawful; pro viding penalties; defining
term; 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, as
amended by Section 1, Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023,
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 both 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 Oklahom a Statutes
shall be guilty of domestic abuse. Upon convicti on, 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 impris onment. 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 partner 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 subsequent
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 St atutes by means of any deadly weapon
that is likely to produ ce 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 Section 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 pregn ancy shall be guilty of a
misdemeanor, punishable by impriso nment 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 imprisonment 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 shall 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 injury 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 t he 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 convic ted of a second or
subsequent domestic abuse as defined in s ubsection 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 Thousa nd 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 ab use crime in violation of any provision
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of this section comm itted 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 suspe nded or deferred
sentence that a defendant participate in co unseling 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 defendant is ordered to
participate in a batterers' intervention program, the
order shall require the defendan t to attend the
program for a minimu m of fifty-two (52) weeks,
complete the program, and be ev aluated before and
after attendance of t he program by program 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 evidenc e of the violation of the
conditions of probation for the district attorney to
seek acceleration or revocation of any probation
entered by the court.
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b. A program for anger management, couples couns eling, or
family and marital counseling shall not solely q ualify
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 below. 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 or 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 revie w hearing no more than one
hundred twenty (120) days aft er 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 o f this subsection and the
domestic abuse counseling or t reatment requirements.
The court may suspend sentencing of the defendant
until the defendant has presented proof to the court
of enrollment in a program of treatme nt for domestic
abuse by an individu al licensed practitioner or a
domestic abuse treatment p rogram certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later th an one hundred
twenty (120) days aft er the defendant is ordered to
such counseling or treatm ent. At such time, the court
may complete sentencing, beginning 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 or 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 violation
of the conditions of probation for the district
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attorney to seek acceleration or revocation of any
probation entered by the court.
b. The court shall set a second review hearing after the
completion of the counseli ng or treatment 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
shall retain continuing jurisdiction over the
defendant during the cours e of ordered counseling
through the final review hearing ;
4. The court may set subsequent or o ther 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 requirements;
5. At any review hearing, if the defendant is no t
satisfactorily attending 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, treatment, 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 subject 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 , domestic abuse counseling, 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 j udge of the district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the r equirements 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 par t of the cost of
the counseling or treatment, in the dis cretion of the court.
H. As used in subsection G of this section, "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 he ar an act of
domestic violence. For the purposes of sub sections C and G of this
section, "child" may be any child whether 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 assaul t and battery against an intimate partner or a
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family or household member as defined by S ection 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 other state; or
2. If that conviction is rendered in any municipal 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 prior
conviction for purposes of a felony charge.
J. 1. Any person who commits any assault and battery by
strangulation or attempted strangulation against an intimate partner
or a family or household member as defined by Section 60.1 of Title
22 of the Oklahoma Statute s shall, upon conviction, be gui lty of
domestic abuse by strangulation and shall be punished by
imprisonment in the custody of the Dep artment of Corrections for a
period of not less than one (1) year nor m ore 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 violatio n of this section, the defendant shall be
punished by imprisonment in t he custody 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 ($20,000.00), or by both such fine and imprisonment. The
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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.
2. Any person who commits the offense of aggravated
strangulation against an intimate part ner or a family or household
member as defined by Section 60.1 of Ti tle 22 of the Oklahoma
Statutes shall, upon conviction, be gui lty of domestic abuse by
aggravated strangulation and shall be punished by imprisonment in
the custody of the Dep artment 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 Ten Thousand Dollars ($10,000.00), or by both such
fine and imprisonment. As used in this paragraph, "aggravated
strangulation" occurs when the victim begins to lose consciousness
or, in fact, loses consciousness as a result of being strangle d.
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 defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
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2. Attend counseling or trea tment services ordered as part of
any suspended or deferred sentence or probation; and
3. Attend, complete, and be ev aluated 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 sexual assault in c onnection with
the prosecution of a domestic violence, stalking, 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
prosecutor shall provide the court, prior t o 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, violation of a
protective order, or any other vi olent misdemeanor 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 act or any other
criminal statute under which the existence of a prior conviction is
relevant for a period of ten (10) years following the completion of
any court imposed probationa ry term; provided, the person has not,
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in the meantime, been convicted of a misdemeanor invo lving moral
turpitude or a felony.
O. For purposes of subsection 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 contendere 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 existen ce of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court-imposed probationary term.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8712 GRS 12/31/23