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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 1046 By: Weaver of the Senate
and
Manger of the House
An Act relating to domestic abuse; amending 21 O.S.
2021, Section 644, which relates to assault and
battery; making first offense of domestic abuse
against a pregnant woman a felony; incre asing certain
term of imprisonment; and declaring an emergency .
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 imprisonment 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 b e 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 s uch fine and
imprisonment.
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C. Any person who commits 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 2 2 of the Oklahoma Statutes
shall be guilty of domestic abuse. U pon conviction, the defendant
shall be punished by imprisonment 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 subsequ ent offense, the person shall be punished by
imprisonment in the custo dy of the Department of Correcti ons 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 second
or subsequent offense.
D. 1. Any person who , with intent to do bodily harm and
without justifiable or excusable cause, commits any as sault,
battery, or assault and battery upon an intimate partner or a family
or household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes with a ny sharp or dangerous weapon, upon
conviction, is guilty of domestic assault or domestic a ssault and
battery with a dangerous weapon which shall be a felo ny and
punishable by imprisonment in the custody of the Department of
Corrections not exceeding ten (1 0) years, or by imprisonment in a
county jail not exceeding one (1) year. The provisions of Section
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51.1 of this title shall apply to any second or subse quent
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 guilty of
domestic assault and battery with a deadly w eapon which shall be a
felony punishable by imprisonment in the custody of the Department
of Corrections not exceeding life. The provisions of Section 51 .1
of this title shall apply to any second or subsequent conviction fo r
a violation of this paragraph.
E. 1. Any person convicted of domestic abuse committed against
a pregnant woman with kn owledge of the pregnancy shall be guilty of
a misdemeanor felony, punishable by imprisonment in the county jail
custody of the Department of Corrections for not more than one (1)
year five (5) years.
2. Any person convicted of a second or subsequent offen se 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 not less than ten
(10) years.
3. Any person convicted of domestic abu se committed against a
pregnant woman with knowledge of the preg nancy 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 tw enty (20) years.
F. Any person convicted of domestic abuse as d efined in
subsection C of this section that results in great bodily injury to
the victim shall be guil ty of a felony and punished by imprisonment
in the custody of the Department of Correction s for not more than
ten (10) years, or by imprisonment in the co unty 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 v iolation of
this subsection.
G. Any person convicted of domestic abuse as defined in
subsection C of this sect ion 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 pres ence 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 ti tle
shall apply to any second or subsequent offense. For every
conviction of a domestic abuse crime in violation of any provision
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of this section committed against a n intimate partner or a family or
household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes, the court shall:
1. Specifically orde r as a condition of a suspended or deferred
sentence that a defendant participate in counseling or und ergo
treatment to bring about the cessation of domestic abuse as
specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to complete an
assessment and follow the recommendations of a
batterers’ intervention program certifie d by the
Attorney General. If the defendan t is ordered to
participate in a batterers ’ intervention program, the
order shall require the defendant to atte nd the
program for a minimum of fifty-two (52) weeks,
complete the program, and be evaluated before an d
after attendance of the program by progra m staff.
Three unexcused absences in successio n 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 violatio n of the
conditions of probation for the di strict attorney to
seek acceleration or revocat ion of any probation
entered by the court.
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b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement 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 required
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 other 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 de fendant shall be ordered 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 participate in a domestic abuse counseling
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program or undergo treatment for do mestic abuse to
assure the attendance and compliance of the defe ndant
with the provisions of this subsection and the
domestic abuse counseling or treatment requiremen ts.
The court may suspend sentencing of th e defendant
until the defendant has presented p roof to the court
of enrollment in a program of treatment for do mestic
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 than one hu ndred
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 tha t proof of enrollment is
presented to the court, and schedule re views 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 counseling or treatment
program shall be prima facie evidence of the violation
of the conditions of probation fo r 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 wi th
the provisions of this subsection and th e domestic
abuse counseling or treatment requir ements. 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 other review hearings as the
court determines necessary to assure the d efendant 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 not
satisfactorily attendi ng individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or co ntinue counseling, treatment, or
other necessary services. The court may revoke all or an y part of a
suspended sentence, deferred sentence, or probation 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 sh all require the
defendant to appear in court. Thereafter, for a ny subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseli ng, or
the treatment program. There shall be n o 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 distric t 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 Sections 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 treatment, in the discretion of the cour t.
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 i s 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 defend ant.
I. For the purposes of subsections C and G of this section , any
conviction for assault and battery against an intimate partner or a
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family or household member a s defined by Section 60.1 of Title 22 of
the Oklahoma Statutes shall constitute a sufficie nt 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 municipal court o f record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felo ny charge.
J. Any person who commits any a ssault and battery with intent
to cause great bodily harm by strangulation or attempted
strangulation against a n intimate partner or a family or household
member as defined by Section 60.1 of Title 22 of the Oklah oma
Statutes shall, upon conviction, be gui lty of domestic abuse by
strangulation and shal l 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 o f 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 custody of the Department of Correcti ons 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 seco nd 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 r esult 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 court of thi s 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;
2. Attend counseling or treatment ser vices ordered as part of
any suspended or deferred sentence or probation; and
3. Attend, complete, an d be evaluated before and after
attendance by a treatment program for domestic abusers, ce rtified 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 connection with
the prosecution of a domestic violence, stalkin g, or sexual assault
offense in this state.
M. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
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prosecutor shall provide the court, pr ior to sentencing or any plea
agreement, a local history and any other available history o f past
convictions of the defendant within the last ten (10) yea rs relating
to domestic abuse, stalking, harassment, rape, violation of a
protective order, or any oth er violent misdemeanor or felony
convictions.
N. Any plea of guilty or finding of guilt f or a violation of
subsection C, F, G, I or J of this section sha ll constitute a
conviction of the offense for the purpose of this act or any other
criminal statute under which the existence of a prior convicti on is
relevant for a period of ten (10) years f ollowing the completion of
any court imposed probationary 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 convi ction 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. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTE E ON JUDICIARY - CRIMINAL, dated
04/05/2023 - DO PASS.