Oklahoma 2024 Regular Session

Oklahoma House Bill HB3775 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 3775 Page 1 1
	3	+	HB3775 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3775 By: Duel, Ford, and West (Josh)
30		-	of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Seifried of the Senate
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3775 By: Duel, Ford, and West (Josh)
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	42	+
	43	+	COMMITTEE SUBSTITUTE
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40	45		An Act relating to crimes and punishments; amending
41	46		21 O.S. 2021, Section 644, as amen ded by Section 1,
42	47		Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, Section
43	48		644), which relates to assault and battery; modifying
44	49		penalties for certain unlawful acts ; making certain
45	50		acts unlawful; providing penalties; defining term;
46		-	requiring persons to serve ~~eighty-five~~ percent of
	51	+	requiring persons to serve one hundred percent of
47	52		sentence; prohibiting inmates from receiving earned
48	53		credits; providing alternate split sentence under
49	54		certain circumstances; and providing an effective
50	55		date.
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56	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	62		SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as
58	63		amended by Section 1, Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023,
59	64		Section 644), is amended to read as follows:
60	65		Section 644. A. Assault shall be punishable by imprison ment in
61	66		a county jail not exceeding thirty (30) days, or by a fine of not
62	67		more than Five Hundred Dollars ($500.00), or by both such fine and
63	68		imprisonment.
64		-	B. Assault and battery shall be punishable by imprisonment in a
65		-	county jail not exceeding ninety (90 ) days, or by a fine of not more
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67		-	ENGR. H. B. NO. 3775 Page 2 1
	70	+	HB3775 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	B. Assault and battery shall be punishable by imprisonment in a
	97	+	county jail not exceeding ninety (90 ) days, or by a fine of not more
92	98		than One Thousand Dollars ($1,000.00), or by both such fine and
93	99		imprisonment.
94	100		C. Any person who commit s any assault and battery against a
95	101		current or former intimate partner or a family or hou sehold member
96	102		as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
97	103		shall be guilty of domestic abuse. Upon convicti on, the defendant
98	104		shall be punished by i mprisonment in the county jail for not more
99	105		than one (1) year, or by a fine not exceeding Five Thousand Dollars
100	106		($5,000.00), or by both such fine and imprisonment. Upon conviction
101	107		for a second or subsequent offense, the person shall be punished by
102	108		imprisonment in the custody of the Department of Corrections for a
103	109		period of not more less than four (4) five (5) years, or by a fine
104	110		not exceeding Five Thousand Dollars ($5,000.00), or by both such
105	111		fine and imprisonment nor more than ten (10) years . The provisions
106	112		of Section 51.1 of this title shall ap ply to any second or
107	113		subsequent offense.
108	114		D. 1. Any person who, with intent to do bodily harm and
109	115		without justifiable or excusable c ause, commits any assault,
110	116		battery, or assault and battery upon an intimate partner or a family
111	117		or household member as defi ned by Section 60.1 of Title 22 of the
112	118		Oklahoma Statutes with any sharp or dangerous weapon, up on
113	119		conviction, is guilty of domestic assault or domestic assault and
114		-	battery with a dangerous weapon which shall be a felony and
115		-	punishable by imprisonment in th e custody of the Department of
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117		-	ENGR. H. B. NO. 3775 Page 3 1
	121	+	HB3775 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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	147	+	battery with a dangerous weapon which shall be a felony and
	148	+	punishable by imprisonment in th e custody of the Department of
142	149		Corrections not exceeding for a period of not less than fi ve (5)
143	150		years nor more than ten (10) years, or by imprisonment in a county
144	151		jail not exceeding one (1) ye ar. The provisions of Section 51.1 of
145	152		this title shall apply to any second or subsequent convic tion for a
146	153		violation of this paragraph.
147	154		2. Any person who, without such cause, shoots an intimate
148	155		partner or a family or household member as defined by Section 60.1
149	156		of Title 22 of the Oklahoma St atutes by means of any deadl y weapon
150	157		that is likely to produ ce death shall, upon conviction, be guil ty of
151	158		domestic assault and battery with a deadly weapon which shall be a
152	159		felony punishable by imprisonment in the custod y of the Department
153	160		of Corrections not exc eeding life. The prov isions of Section 51.1
154	161		of this title shall apply to any second or subseq uent conviction for
155	162		a violation of this paragraph.
156	163		E. Any person convicted of domestic abuse committed against a
157	164		pregnant woman with knowledge of the pregn ancy shall be guilty of a
158	165		misdemeanor felony, punishable by impriso nment in the county jail
159		-	custody of the Department of ~~Corrections~~ for not more than one (1)
	166	+	custody of the Department of Correction for not more than one (1)
160	167		year a period of five (5) years.
161	168		Any person convicted of a second or subsequent offense of
162	169		domestic abuse against a pregnant w oman with knowledge of the
163	170		pregnancy shall be g uilty of a felony, punishable by imprisonment in
164		-	the custody of the Department of Corrections for not less than ten
165		-	(10) years.
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167		-	ENGR. H. B. NO. 3775 Page 4 1
	172	+	HB3775 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
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	198	+	the custody of the Department of Corrections for not less than ten
	199	+	(10) years.
192	200		Any person convicted of domestic abuse committed agai nst a
193	201		pregnant woman with kn owledge of the pregnancy and a miscarriage
194	202		occurs or injury to the unborn child occurs shall be guilty of a
195	203		felony, punishable by imprisonment in the custody of the Department
196	204		of Corrections for not less than twenty (20) years.
197	205		F. Any person convicted of domestic abuse as defined in
198	206		subsection C of this section that results in great bodily injury t o
199	207		the victim shall be guilty of a felony and punished by imprisonment
200	208		in the custody of the Department of Corrections for a period of not
201	209		less than five (5) year s nor more than ten (10) years , or by
202	210		imprisonment in the county jail for not more than one ( 1) year. The
203	211		provisions of Section 51.1 of this title shall apply to any second
204	212		or subsequent conviction of a violation of this subsection.
205	213		G. Any person convicted of domestic abuse as defined in
206	214		subsection C of this section that was committed in the pre sence of a
207	215		child shall be punished by imprisonment in the county jail for not
208	216		less than six (6) months nor more than one (1) year, or by a fine
209	217		not exceeding Five Thousand Dollars ($5,000.00), or by both such
210	218		fine and imprisonment. Any person convicted of a second or
211	219		subsequent domestic abuse as defined in s ubsection C of this section
212	220		that was committed in the presence of a child shall be punished by
213	221		imprisonment in the custody of the Department of Corrections for not
214		-	less than one (1) year nor more than f ive (5) years, or by a fine
215		-	not exceeding Seven Thousand Dollars ($7,000.00), or by both such
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217		-	ENGR. H. B. NO. 3775 Page 5 1
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	224	+	BOLD FACE denotes Committee Amendments. 1
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	249	+	less than one (1) year nor more than f ive (5) years, or by a fine
	250	+	not exceeding Seven Thousand Dollars ($7,000.00), or by both such
242	251		fine and imprisonment. The provisions of Section 51.1 of this title
243	252		shall apply to any second or subsequent offense . For every
244	253		conviction of a domestic abuse cr ime in violation of any provision
245	254		of this section comm itted against an intimate partner or a f amily or
246	255		household member as defined by Section 60.1 of Title 22 of t he
247	256		Oklahoma Statutes, the court shall:
248	257		1. Specifically order as a condition of a suspended o r deferred
249	258		sentence that a defendant participate in counseling or undergo
250	259		treatment to bring a bout the cessation of domestic abuse as
251	260		specified in paragraph 2 of this subsection;
252	261		2. a. The court shall require t he defendant to complete an
253	262		assessment and follow the recommendations of a
254	263		batterers' intervention program certified by the
255	264		Attorney General. If the defendant is ordered to
256	265		participate in a batterers' intervention program, the
257	266		order shall require the defe ndant to attend the
258	267		program for a minimum of f ifty-two (52) weeks,
259	268		complete the program, and be evaluated before and
260	269		after attendance of t he program by program staff.
261	270		Three unexcused absences in succession or seven
262	271		unexcused absences in a period of fifty -two (52) weeks
263	272		from any court-ordered batterers' intervention program
264		-	shall be prima facie evidence of the violation of the
265		-	conditions of probation for the district attorney to
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267		-	ENGR. H. B. NO. 3775 Page 6 1
	274	+	HB3775 HFLR Page 6
	275	+	BOLD FACE denotes Committee Amendments. 1
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	300	+	shall be prima facie evidenc e of the violation of the
	301	+	conditions of probation for the district attorney to
292	302		seek acceleration or revocation of any probation
293	303		entered by the court.
294	304		b. A program for anger management, couples counseling, or
295	305		family and marital counseling shall not solely qualify
296	306		for the counseling or treatment r equirement for
297	307		domestic abuse pursuant to this subsection. The
298	308		counseling may be ordered in addition to counseling
299	309		specifically for the treatment of domestic abuse or
300	310		per evaluation as set forth below. If, after
301	311		sufficient evaluation and attendance at re quired
302	312		counseling sessions, the domestic violence treatment
303	313		program or licensed professional determines that the
304	314		defendant does not evaluate as a perpetrator of
305	315		domestic violence or does evaluate as a perpetrator of
306	316		domestic violence and should complete ot her programs
307	317		of treatment simultaneously or prior to domestic
308	318		violence treatment, including but not limited to
309	319		programs related to the mental health, apparent
310	320		substance or alcohol abuse or inability or refusal to
311	321		manage anger, the defendant shall be ordere d to
312	322		complete the counseling as per the recommendations of
313		-	the domestic violence treatment program or licensed
314		-	professional;
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316		-	ENGR. H. B. NO. 3775 Page 7 1
	324	+	HB3775 HFLR Page 7
	325	+	BOLD FACE denotes Committee Amendments. 1
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	350	+	the domestic violence treatment program or licensed
	351	+	professional;
341	352		3. a. The court shall set a review hear ing no more than one
342	353		hundred twenty (120) days after the defendant is
343	354		ordered to participa te in a domestic abuse counseling
344	355		program or undergo treatment for domest ic abuse to
345	356		assure the attendance and complianc e of the defendant
346	357		with the provisions of this subsection and the
347	358		domestic abuse counseling or t reatment requirements.
348	359		The court may suspend sentencing of the defendant
349	360		until the defendant has presented proof to the court
350	361		of enrollment in a program of tre atment for domestic
351	362		abuse by an individual lic ensed practitioner or a
352	363		domestic abuse treatment program certified by the
353	364		Attorney General and attendance at weekly sessions of
354	365		such program. Such proof shall be presented to the
355	366		court by the defendant no late r than one hundred
356	367		twenty (120) days after the defendant is ordered to
357	368		such counseling or treatm ent. At such time, the court
358	369		may complete sentencing, beginning the period of the
359	370		sentence from the date that pr oof of enrollment is
360	371		presented to the court, an d schedule reviews as
361	372		required by subparagraph s a and b of this paragraph
362	373		and paragraphs 4 and 5 of this subsection. Three
363		-	unexcused absences in succession or seven unexcused
364		-	absences in a period of fifty -two (52) weeks from any
365	374
366		-	ENGR. H. B. NO. 3775 Page 8 1
	375	+	HB3775 HFLR Page 8
	376	+	BOLD FACE denotes Committee Amendments. 1
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	401	+	unexcused absences in succession or seven unexcused
	402	+	absences in a period of fifty -two (52) weeks from any
391	403		court-ordered domestic abu se counseling or treatment
392	404		program shall be prima facie evidence of the violation
393	405		of the conditions of probation for the district
394	406		attorney to seek acceleration or revocation of any
395	407		probation entered by the cou rt.
396	408		b. The court shall set a second review hear ing after the
397	409		completion of the counseling or treatment to assure
398	410		the attendance and compliance of the defendant with
399	411		the provisions of this subsection and the domestic
400	412		abuse counseling or treatment requiremen ts. The court
401	413		shall retain continuing jurisdic tion over the
402	414		defendant during the course of o rdered counseling
403	415		through the final review hearing ;
404	416		4. The court may set subsequent or o ther review hearings as the
405	417		court determines necessary to assure the defen dant attends and fully
406	418		complies with the provis ions of this subsection and the domestic
407	419		abuse counseling or treatment requirements;
408	420		5. At any review hearing, if the defendant is no t
409	421		satisfactorily attending individual counseling or a domestic abuse
410	422		counseling or treatment program or is not in complian ce with any
411	423		domestic abuse counseling or treat ment requirements, the court may
412	424		order the defendant to further or continue counseling, treatment, or
413		-	other necessary services. The court may revoke all or any pa rt of a
414		-	suspended sentence, deferred sentence, or probation pursuant to
415	425
416		-	ENGR. H. B. NO. 3775 Page 9 1
	426	+	HB3775 HFLR Page 9
	427	+	BOLD FACE denotes Committee Amendments. 1
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	452	+	other necessary services. The court may revoke all or any pa rt of a
	453	+	suspended sentence, deferred sentence, or probation pursuant to
441	454		Section 991b of Title 22 of the Oklahoma Statutes and subject the
442	455		defendant to any or all remaining portions of the original sentence;
443	456		6. At the first review hearing, the court shall require the
444	457		defendant to appear in court. Ther eafter, for any subsequent review
445	458		hearings, the court may accept a report on the progress of the
446	459		defendant from individual counseling , domestic abuse counseling, or
447	460		the treatment program. There shall be no re quirement for the victim
448	461		to attend review heari ngs; and
449	462		7. If funding is available, a refere e may be appointed and
450	463		assigned by the presiding judge of the district court to hear
451	464		designated cases set for review under this subsection. Reasonable
452	465		compensation for the referees shall be fixed by the presid ing judge.
453	466		The referee shall meet the require ments and perform all duties in
454	467		the same manner and procedure as set forth in Section s 1-8-103 and
455	468		2-2-702 of Title 10A of the Oklahoma Statutes pertaining to refe rees
456	469		appointed in juvenile proceedings.
457	470		The defendant may be required to pay all or part of t he cost of
458	471		the counseling or treatment, in the discretion of the court.
459	472		H. As used in subsection G of this section, "in the presence of
460	473		a child" means in the physical presence of a child; or having
461	474		knowledge that a child is present and may see or hear an act of
462	475		domestic violence. For the purposes of sub sections C and G of this
463		-	section, "child" may be any child whether or not related to the
464		-	victim or the defendant.
465	476
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	478	+	BOLD FACE denotes Committee Amendments. 1
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	503	+	section, "child" may be any child whether or not related to the
	504	+	victim or the defendant.
491	505		I. For the purposes of subsections C and G of this section, any
492	506		conviction for assault and battery against an intimate partner or a
493	507		family or household member as defined by S ection 60.1 of Title 22 of
494	508		the Oklahoma Statutes shall constitute a sufficient b asis for a
495	509		felony charge:
496	510		1. If that convictio n is rendered in any state, county or
497	511		parish court of record of this or any other state; or
498	512		2. If that conviction is rendered in any municipal court of
499	513		record of this or any other state for which any jail tim e was
500	514		served; provided, no conviction in a muni cipal court of record
501	515		entered prior to Novembe r 1, 1997, shall constitute a prior
502	516		conviction for purposes of a felony charge.
503	517		J. 1. Any person who commits any assault and battery by
504	518		strangulation or attempte d strangulation against an intimate partner
505	519		or a family or household member as defined by Sec tion 60.1 of Title
506	520		22 of the Oklahoma Statute s shall, upon conviction, be gui lty of
507	521		domestic abuse by strangulation and shall be punished by
508	522		imprisonment in the cu stody of the Department of Corrections for a
509	523		period of not less than one (1) year nor more th an three (3) five
510	524		(5) years, or by a fine of not more than Three Thousand Dollars
511	525		($3,000.00), or by both such fine and imprisonment. Upon a second
512	526		or subsequent conviction for a violatio n of this section, the
513		-	defendant shall be punished by imprisonmen t in the custody of the
514		-	Department of Corrections for a period of not less than three (3)
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541		-	five (5) years nor more than ten (10) years, or by a fine of not
542		-	more than Twenty Thousand Dollars ($20,000.00 ), or by both such fine
543		-	and imprisonment. The provision s of Section 51.1 of this title
544		-	shall apply to any second or subsequent conviction of a violation of
545		-	this subsection. As used in this subsection, "strangulation" means
546		-	any form of asphyxia; including, but not limited to, asphyxia
	554	+	defendant shall be punished by imprisonment in the custody of the
	555	+	Department of Corrections for a p eriod of not less than three (3)
	556	+	five (5) nor more than ten (10) years, or by a fine of not more than
	557	+	Twenty Thousand Dollars ($20,000.00 ), or by both such fine and
	558	+	imprisonment. The provisions of Sectio n 51.1 of this title shall
	559	+	apply to any second or subse quent conviction of a violation of this
	560	+	subsection. As used in this subsection, "strangulation" means any
	561	+	form of asphyxia; including , but not limited to, asphyxia
547	562		characterized by closure of the bloo d vessels or air passages of the
548	563		neck as a result of ex ternal pressure on the neck or t he closure of
549	564		the nostrils or mouth as a result of external pressure on th e head.
550	565		2. Any person who commits the offense of aggravated
551	566		strangulation against an intimate partner or a family or household
552	567		member as defined by Section 60.1 of Ti tle 22 of the Oklahoma
553	568		Statutes shall, upon conviction, be gu ilty of domestic abuse by
554	569		aggravated strangulation and shall be punished by imprisonment in
555	570		the custody of the Dep artment of Corrections for a period of not
556	571		less than five (5) years nor more than ten (10) years, or by a fine
557	572		of not more than Ten Thousand Dollars ($10,000.00), or by both such
558	573		fine and imprisonment. As used in this paragraph, "aggravated
559	574		strangulation" occurs when the victim begins to lose consciousness
560	575		or, in fact, loses consciousness as a result of being strangle d.
561		-	K. Any district cou rt of this state and any judge t hereof shall
562		-	be immune from any liability or pr osecution for issuing an order
563		-	that requires a defendant to:
564	576
565		-	ENGR. H. B. NO. 3775 Page 12 1
	577	+	HB3775 HFLR Page 12
	578	+	BOLD FACE denotes Committee Amendments. 1
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589	602
	603	+	K. Any district cou rt of this state and any judge t hereof shall
	604	+	be immune from any liability or pr osecution for issuing an order
	605	+	that requires a defendant to:
590	606		1. Attend a treatment program for domestic abusers certified by
591	607		the Attorney General;
592	608		2. Attend counseling or trea tment services ordered as part o f
593	609		any suspended or deferred sentence or probati on; and
594	610		3. Attend, complete, and be ev aluated before and after
595	611		attendance by a treatment program for domestic abusers, certified by
596	612		the Attorney General.
597	613		L. There shall be no charge of fees or costs to any v ictim of
598	614		domestic violence, stalking, or sexual assault in connection with
599	615		the prosecution of a domestic violence, stalking, or sexual assault
600	616		offense in this state.
601	617		M. In the course of prosecuting any charge of domestic ab use,
602	618		stalking, harassment, rape, or violation of a protective order, the
603	619		prosecutor shall provide the court, prior t o sentencing or any plea
604	620		agreement, a local history and any other available history of past
605	621		convictions of the defendant within the last ten (10) years relating
606	622		to domestic abuse, stalking, harassment, rape, violation o f a
607	623		protective order, or any other vi olent misdemeanor or felony
608	624		convictions.
609	625		N. Any plea of guilty or finding of guilt for a violation of
610	626		subsection C, F, G, I or J of this se ction shall constitute a
611		-	conviction of the offense for the purpose of this act or any other
612		-	criminal statute under which the existence of a prior conviction is
613		-	relevant for a period of ten (10) years following the completion of
614	627
615		-	ENGR. H. B. NO. 3775 Page 13 1
	628	+	HB3775 HFLR Page 13
	629	+	BOLD FACE denotes Committee Amendments. 1
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639	653
640		-	any court-imposed probationary term; provided, the person ha s not,
	654	+	conviction of the offense for the purpose of this act or any other
	655	+	criminal statute under which the existence of a prior conviction is
	656	+	relevant for a period of ten (10) years following the completion of
	657	+	any court imposed probationa ry term; provided, the person ha s not,
641	658		in the meantime, been convicted of a mis demeanor involving moral
642	659		turpitude or a felony.
643	660		O. For purposes of subsection F of this section, "great bodily
644	661		injury" means bone fracture, protracted and obvious disfigurement ,
645	662		protracted loss or impairment of the function of a body part, organ
646	663		or mental faculty, or substantial risk of death.
647	664		P. Any pleas of guilty or nolo contendere or finding of guilt
648	665		to a violation of any provision of this section shall constitute a
649	666		conviction of the offense for the purpo se of any subsection of this
650	667		section under which the existence of a prior conviction is relevant
651	668		for a period of ten (10) years following the completion of any
652	669		sentence or court-imposed probationary term.
653	670		Q. Persons convicted under the provisions of subsections C, D,
654	671		E, F, and J of this section:
655		-	1. Shall be required to serve not less ~~th an eighty-five~~ percent
656		-	(85%) of any sentence of imprisonment imposed; and
	672	+	1. Shall be required to serve not less than one hund red percent
	673	+	(100%) of any sentence of imprisonment imposed ; and
657	674		2. Shall not be eligible for earned credits o r any other type
658	675		of credits which have the effect of reducing the length of the
659		-	sentence to less than ~~eighty-five~~ percent (85%) of the sentence
	676	+	sentence to less than one hundred percent (100%) of the sentence
660	677		imposed.
661		-	Provided, however, after serving one (1) year of the sentence of
662		-	imprisonment, the person may participate in a batterers'
663		-	intervention program for a minimum of fifty-two (52) weeks. Upon
664	678
665		-	ENGR. H. B. NO. 3775 Page 14 1
	679	+	HB3775 HFLR Page 14
	680	+	BOLD FACE denotes Committee Amendments. 1
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689	704
	705	+	Provided, however, after serving one (1) year of the sentence of
	706	+	imprisonment, the person may participate in a batterers'
	707	+	intervention program for a minimum of fifty-two (52) weeks. Upon
690	708		successful completion of the batterers' intervention program, the
691		-	person shall be eligible for immediate release from incarceration,
	709	+	person shall be eligible for immediate release from incarceration
692	710		and the remainder of his or her sentence, subject to such conditions
693	711		as the court may prescribe, shall be suspended. The court shall
694	712		have the authority to revoke, accelerate, or modify the sentence if
695	713		any condition of the order issued by the court is violated or the
696	714		person is convicted of a felony or misdemeanor offense while serving
697	715		his or her suspended sentence.
698	716		SECTION 2. This act shall become effective November 1, 2024.
699		-	Passed the House of Representa tives the 13th day of March, 2024.
700	717
701		-
702		-
703		-
704		-	Presiding Officer of the House
705		-	of Representatives
706		-
707		-
708		-
709		-	Passed the Senate the ___ day of __________, 2024.
710		-
711		-
712		-
713		-
714		-	Presiding Officer of the Senate
	718	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
	719	+	02/29/2024 - DO PASS, As Amended and Coauthored.