Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1046 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1046 By: Weaver of the Senate
7	37
8	38		and
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10		-	Manger ~~and Roe~~ of the House
	40	+	Manger of the House
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15	45		An Act relating to domestic abuse; amending 21 O.S.
16	46		2021, Section 644, which relates to assault and
17	47		battery; making first offense of domestic abuse
18	48		against a pregnant woman a felony; incre asing certain
19	49		term of imprisonment; and declaring an emergency .
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25		-	SUBJECT: Domestic abuse
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	56		SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, is
30	57		amended to read as follows:
31		-
32	58		Section 644. A. Assault shall be punishable by imprisonment in
33	59		a county jail not exceeding thirty (30) days, or by a fine of not
34	60		more than Five Hundred Dollars ($500.00), or by both such fine and
35	61		imprisonment.
36		-
37	62		B. Assault and battery shall b e punishable by imprisonment in a
38	63		county jail not exceeding ninety (90) days, or by a fine of not more
39	64		than One Thousand Dollars ($1,000.00), or by both s uch fine and
40	65		imprisonment.
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42	93		C. Any person who commits any assault and battery against a
43	94		current or former intimate partner or a family or household member
44	95		as defined by Section 60.1 of Title 2 2 of the Oklahoma Statutes
45	96		shall be guilty of domestic abuse. U pon conviction, the defendant
46	97		shall be punished by imprisonment in the county jail for not more
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48		-	ENR. S. B. NO. 1046 Page 2
49	98		than one (1) year, or by a fine not exceeding Five Thousand Dollars
50	99		($5,000.00), or by both such fine and imprisonment. Upon conviction
51	100		for a second or subsequ ent offense, the person shall be punished by
52	101		imprisonment in the custo dy of the Department of Correcti ons for not
53	102		more than four (4) years, or by a fine not exceeding Five Thousand
54	103		Dollars ($5,000.00), or by both such fine and imprisonment. The
55	104		provisions of Section 51.1 of this title shall apply to any second
56	105		or subsequent offense.
57		-
58	106		D. 1. Any person who , with intent to do bodily harm and
59	107		without justifiable or excusable cause, commits any as sault,
60	108		battery, or assault and battery upon an intimate partner or a family
61	109		or household member as defined by Section 60.1 of Title 22 of the
62	110		Oklahoma Statutes with a ny sharp or dangerous weapon, upon
63	111		conviction, is guilty of domestic assault or domestic a ssault and
64	112		battery with a dangerous weapon which shall be a felo ny and
65	113		punishable by imprisonment in the custody of the Department of
66	114		Corrections not exceeding ten (1 0) years, or by imprisonment in a
67	115		county jail not exceeding one (1) year. The provisions of Section
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68	143		51.1 of this title shall apply to any second or subse quent
69	144		conviction for a violation of this paragraph.
70		-
71	145		2. Any person who, without such cause, shoots an intimate
72	146		partner or a family or household member as defined by Section 60.1
73	147		of Title 22 of the Oklahoma Statutes by means of any deadly weapon
74	148		that is likely to produce death shall, upon conviction, be guilty of
75	149		domestic assault and battery with a deadly w eapon which shall be a
76	150		felony punishable by imprisonment in the custody of the Department
77	151		of Corrections not exceeding life. The provisions of Section 51 .1
78	152		of this title shall apply to any second or subsequent conviction fo r
79	153		a violation of this paragraph.
80		-
81	154		E. 1. Any person convicted of domestic abuse committed against
82	155		a pregnant woman with kn owledge of the pregnancy shall be guilty of
83	156		a misdemeanor felony, punishable by imprisonment in the county jail
84	157		custody of the Department of Corrections for not more than one (1)
85	158		year five (5) years.
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87	159		2. Any person convicted of a second or subsequent offen se of
88	160		domestic abuse against a pregnant woman with knowledge of the
89	161		pregnancy shall be guilty of a felony, punishable by imprisonment in
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91		-	ENR. S. B. NO. 1046 Page 3
92	162		the custody of the Department of Corrections for not less than ten
93	163		(10) years.
94		-
95	164		3. Any person convicted of domestic abu se committed against a
96	165		pregnant woman with knowledge of the preg nancy and a miscarriage
97	166		occurs or injury to the unborn child occurs shall be guilty of a
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98	194		felony, punishable by imprisonment in the custody of the Department
99	195		of Corrections for not less than tw enty (20) years.
100		-
101	196		F. Any person convicted of domestic abuse as d efined in
102	197		subsection C of this section that results in great bodily injury to
103	198		the victim shall be guil ty of a felony and punished by imprisonment
104	199		in the custody of the Department of Correction s for not more than
105	200		ten (10) years, or by imprisonment in the co unty jail for not more
106	201		than one (1) year. The provisions of Section 51.1 of this title
107	202		shall apply to any second or subsequent conviction of a v iolation of
108	203		this subsection.
109		-
110	204		G. Any person convicted of domestic abuse as defined in
111	205		subsection C of this sect ion that was committed in the presence of a
112	206		child shall be punished by imprisonment in the county jail for not
113	207		less than six (6) months nor more than one (1) year, or by a fine
114	208		not exceeding Five Thousand Dollars ($5,000.00), or by both such
115	209		fine and imprisonment. Any person convicted of a second or
116	210		subsequent domestic abuse as defined in subsection C of this section
117	211		that was committed in the pres ence of a child shall be punished by
118	212		imprisonment in the custody of the Department of Corrections for not
119	213		less than one (1) year nor more than five (5) years, or by a fine
120	214		not exceeding Seven Thousand Dollars ($7, 000.00), or by both such
121	215		fine and imprisonment. The provisions of Section 51.1 of this ti tle
122	216		shall apply to any second or subsequent offense. For every
123	217		conviction of a domestic abuse crime in violation of any provision
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124	245		of this section committed against a n intimate partner or a family or
125	246		household member as defined by Section 60.1 of Title 22 of the
126	247		Oklahoma Statutes, the court shall:
127		-
128	248		1. Specifically orde r as a condition of a suspended or deferred
129	249		sentence that a defendant participate in counseling or und ergo
130	250		treatment to bring about the cessation of domestic abuse as
131	251		specified in paragraph 2 of this subsection;
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134		-	ENR. S. B. NO. 1046 Page 4
135	252		2. a. The court shall require the defendant to complete an
136	253		assessment and follow the recommendations of a
137	254		batterers’ intervention program certifie d by the
138	255		Attorney General. If the defendan t is ordered to
139	256		participate in a batterers ’ intervention program, the
140	257		order shall require the defendant to atte nd the
141	258		program for a minimum of fifty-two (52) weeks,
142	259		complete the program, and be evaluated before an d
143	260		after attendance of the program by progra m staff.
144	261		Three unexcused absences in successio n or seven
145	262		unexcused absences in a period of fifty -two (52) weeks
146	263		from any court-ordered batterers’ intervention program
147	264		shall be prima facie evidence of the violatio n of the
148	265		conditions of probation for the di strict attorney to
149	266		seek acceleration or revocat ion of any probation
150	267		entered by the court.
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152	295		b. A program for anger management, couples counseling, or
153	296		family and marital counseling shall not solely qualify
154	297		for the counseling or treatment requirement for
155	298		domestic abuse pursuant to this subsection. The
156	299		counseling may be ordered in addition to counseling
157	300		specifically for the treatment of domestic abuse or
158	301		per evaluation as set forth below. If, after
159	302		sufficient evaluation and attendance at required
160	303		counseling sessions, the domestic violence treatment
161	304		program or licensed professional determines that the
162	305		defendant does not evaluate as a perpetrator of
163	306		domestic violence or does evaluate as a perpetrator of
164	307		domestic violence and should complete other programs
165	308		of treatment simultaneously or prior to domestic
166	309		violence treatment, including but not limited to
167	310		programs related to the mental health, apparent
168	311		substance or alcohol abuse or inability or refusal to
169	312		manage anger, the de fendant shall be ordered to
170	313		complete the counseling as per the recommendations of
171	314		the domestic violence treatment program or licensed
172	315		professional;
173		-
174	316		3. a. The court shall set a review hearing no more than one
175	317		hundred twenty (120) days after the defendant is
176	318		ordered to participate in a domestic abuse counseling
177	319
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179	346		program or undergo treatment for do mestic abuse to
180	347		assure the attendance and compliance of the defe ndant
181	348		with the provisions of this subsection and the
182	349		domestic abuse counseling or treatment requiremen ts.
183	350		The court may suspend sentencing of th e defendant
184	351		until the defendant has presented p roof to the court
185	352		of enrollment in a program of treatment for do mestic
186	353		abuse by an individual licensed practitioner or a
187	354		domestic abuse treatment program certified by the
188	355		Attorney General and attendance at wee kly sessions of
189	356		such program. Such proof shall be presented to the
190	357		court by the defendant no later than one hu ndred
191	358		twenty (120) days after the defendant is ordered to
192	359		such counseling or treatment. At such time, the court
193	360		may complete sentencing, beginni ng the period of the
194	361		sentence from the date tha t proof of enrollment is
195	362		presented to the court, and schedule re views as
196	363		required by subparagraphs a and b of this paragraph
197	364		and paragraphs 4 and 5 of this subsection . Three
198	365		unexcused absences in succession o r seven unexcused
199	366		absences in a period of fifty -two (52) weeks from any
200	367		court-ordered domestic abuse counseling or treatment
201	368		program shall be prima facie evidence of the violation
202	369		of the conditions of probation fo r the district
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203	397		attorney to seek acceleratio n or revocation of any
204	398		probation entered by the court.
205		-
206	399		b. The court shall set a second review hearing after the
207	400		completion of the counseling or treatment to assure
208	401		the attendance and compliance of the defendant wi th
209	402		the provisions of this subsection and th e domestic
210	403		abuse counseling or treatment requir ements. The court
211	404		shall retain continuing jurisdiction over the
212	405		defendant during the course of ordered counseling
213	406		through the final review hearing;
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215	407		4. The court may set subsequent or other review hearings as the
216	408		court determines necessary to assure the d efendant attends and fully
217	409		complies with the provisions of this subsection and the domestic
218	410		abuse counseling or treatment requirements;
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222	411		5. At any review hearing, if the defendant is not
223	412		satisfactorily attendi ng individual counseling or a domestic abuse
224	413		counseling or treatment program or is not in compliance with any
225	414		domestic abuse counseling or treatment requirements, the court may
226	415		order the defendant to further or co ntinue counseling, treatment, or
227	416		other necessary services. The court may revoke all or an y part of a
228	417		suspended sentence, deferred sentence, or probation pursuant to
229	418		Section 991b of Title 22 of the Oklahoma Statutes and subject the
230	419		defendant to any or all remaining portions of the original sentence ;
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232	447		6. At the first review hearing, the court sh all require the
233	448		defendant to appear in court. Thereafter, for a ny subsequent review
234	449		hearings, the court may accept a report on the progress of the
235	450		defendant from individual counseling, domestic abuse counseli ng, or
236	451		the treatment program. There shall be n o requirement for the victim
237	452		to attend review hearings; and
238		-
239	453		7. If funding is available, a referee may be appointed and
240	454		assigned by the presiding judge of the distric t court to hear
241	455		designated cases set for re view under this subsection. Reasonable
242	456		compensation for the referees shall be fixed by the presiding judge.
243	457		The referee shall meet the requirements and perform all duties in
244	458		the same manner and procedure as set forth in Sections 1-8-103 and
245	459		2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
246	460		appointed in juvenile proceedings.
247		-
248	461		The defendant may be required to pay all or part of the cost of
249	462		the counseling or treatment, in the discretion of the cour t.
250		-
251	463		H. As used in subsection G of this sect ion, “in the presence of
252	464		a child” means in the physical presence of a child; or having
253	465		knowledge that a child i s present and may see or hear an act of
254	466		domestic violence. For the purposes of subsections C and G of this
255	467		section, “child” may be any child whe ther or not related to the
256	468		victim or the defend ant.
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258	469		I. For the purposes of subsections C and G of this section , any
259	470		conviction for assault and battery against an intimate partner or a
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260	498		family or household member a s defined by Section 60.1 of Title 22 of
261	499		the Oklahoma Statutes shall constitute a sufficie nt basis for a
262	500		felony charge:
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266	501		1. If that conviction is rendered in any state, county or
267	502		parish court of record of this or any other state; or
268		-
269	503		2. If that conviction is rendered in any municipal court of
270	504		record of this or any other state for which any jail time was
271	505		served; provided, no conviction in a municipal court o f record
272	506		entered prior to November 1, 1997, shall constitute a prior
273	507		conviction for purposes of a felo ny charge.
274		-
275	508		J. Any person who commits any a ssault and battery with intent
276	509		to cause great bodily harm by strangulation or attempted
277	510		strangulation against a n intimate partner or a family or household
278	511		member as defined by Section 60.1 of Title 22 of the Oklah oma
279	512		Statutes shall, upon conviction, be gui lty of domestic abuse by
280	513		strangulation and shal l be punished by imprisonment in the custody
281	514		of the Department of Corrections for a period of not less than one
282	515		(1) year nor more than three (3) years, or by a fine o f not more
283	516		than Three Thousand Dollars ($3, 000.00), or by both such fine and
284	517		imprisonment. Upon a second or subsequent conviction for a
285	518		violation of this section, the defendant shall be punished by
286	519		imprisonment in the custody of the Department of Correcti ons for a
287	520		period of not less than three (3) years nor more than ten (10)
288	521		years, or by a fine of not more than Twenty Thousand Dollars
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289	549		($20,000.00), or by both such fine and imprisonment. The provisions
290	550		of Section 51.1 of this title shall apply to any seco nd or
291	551		subsequent conviction of a violation of this subsection. As used in
292	552		this subsection, “strangulation” means any form of asphyxia;
293	553		including, but not limited to, asphyxia characterized by closure of
294	554		the blood vessels or air passages of the neck as a r esult of
295	555		external pressure on the neck or t he closure of the nostrils or
296	556		mouth as a result of external pressure on the head.
297		-
298	557		K. Any district court of thi s state and any judge thereof shall
299	558		be immune from any liability or prosecution for issuing an order
300	559		that requires a defendant to:
301		-
302	560		1. Attend a treatment program for domestic abusers certified by
303	561		the Attorney General;
304		-
305	562		2. Attend counseling or treatment ser vices ordered as part of
306	563		any suspended or deferred sentence or probation; and
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310	564		3. Attend, complete, an d be evaluated before and after
311	565		attendance by a treatment program for domestic abusers, ce rtified by
312	566		the Attorney General.
313		-
314	567		L. There shall be no charge of fees or costs to any victim of
315	568		domestic violence, stalking, or sexual assault in connection with
316	569		the prosecution of a domestic violence, stalkin g, or sexual assault
317	570		offense in this state.
318		-
319	571		M. In the course of prosecuting any charge of domestic abuse,
320	572		stalking, harassment, rape, or violation of a protective order, the
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321	600		prosecutor shall provide the court, pr ior to sentencing or any plea
322	601		agreement, a local history and any other available history o f past
323	602		convictions of the defendant within the last ten (10) yea rs relating
324	603		to domestic abuse, stalking, harassment, rape, violation of a
325	604		protective order, or any oth er violent misdemeanor or felony
326	605		convictions.
327		-
328	606		N. Any plea of guilty or finding of guilt f or a violation of
329	607		subsection C, F, G, I or J of this section sha ll constitute a
330	608		conviction of the offense for the purpose of this act or any other
331	609		criminal statute under which the existence of a prior convicti on is
332	610		relevant for a period of ten (10) years f ollowing the completion of
333	611		any court imposed probationary term; provided, the person has not,
334	612		in the meantime, been convicted of a misdemeanor involving moral
335	613		turpitude or a felony.
336		-
337	614		O. For purposes of subsect ion F of this section, “great bodily
338	615		injury” means bone fracture, protracted and obvious disfigurement,
339	616		protracted loss or impairment of the function of a body part, organ
340	617		or mental faculty, or substantial risk of death.
341		-
342	618		P. Any pleas of guilty or nolo con tendere or finding of guilt
343	619		to a violation of any provision of this section shall constitute a
344	620		conviction of the offense for the purpose of any subsection of this
345	621		section under which the existence of a prior convi ction is relevant
346	622		for a period of ten (10) years following the completion of any
347	623		sentence or court imposed probationary term.
348	624
	625	+	SB1046 HFLR Page 13
	626	+	BOLD FACE denotes Committee Amendments. 1
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349	651		SECTION 2. It being immediately necessary for the preservation
350	652		of the public peace, health or safety, an emergency is hereby
351		-
352		-	ENR. S. B. NO. 1046 Page 9
353	653		declared to exist, by reason whereof this act shall take effect and
354	654		be in full force from and after its passage an d approval.
355	655
356		-
357		-	ENR. S. B. NO. 1046 Page 10
358		-	Passed the Senate the 2nd day of March, 2023.
359		-
360		-
361		-
362		-	Presiding Officer of the Senate
363		-
364		-
365		-	Passed the House of Representativ es the 26th day of April, 2023.
366		-
367		-
368		-
369		-	Presiding Officer of the House
370		-	of Representatives
371		-
372		-	OFFICE OF THE GOVERNOR
373		-	Received by the Office of the Governor this _______ _____________
374		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
375		-	By: _______________________________ __
376		-	Approved by the Governor of the State of Oklahoma this _____ ____
377		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
378		-
379		-	_________________________________
380		-	Governor of the State of Oklahoma
381		-
382		-
383		-	OFFICE OF THE SECRETARY OF STATE
384		-	Received by the Office of the Secretary of State this _______ ___
385		-	day of __________________, 20 _______, at _______ o'clock _______ M.
386		-	By: _______________________________ __
	656	+	COMMITTEE REPORT BY: COMMITTE E ON JUDICIARY - CRIMINAL, dated
	657	+	04/05/2023 - DO PASS.