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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1105 By: Dahm
AS INTRODUCED
An Act relating to homicide; amending 21 O.S. 2021,
Section 733, which relates to justifiable homicide;
requiring the state to award reimbursement of certain
costs and expenses for persons found not guilty of
murder; authorizing denial or re duction of certain
awards; permitting appeal to certain courts; allowing
for award for certain sustained injury; establishing
criteria for claim of malic ious prosecution;
providing certain criteria for establishing malice;
authorizing personal liability under certain
circumstances; requiring certain reporting ;
clarifying applicability to pending prosecutions;
making language gender neutral; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 733, is
amended to read as follows:
Section 733. A. Homicide is also just ifiable when committed by
any person in any of the following cas es:
1. When resisting a ny attempt to murder such person, or to
commit any felony upon him the person, or upon or in any dwelling
house in which such person is;
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2. When committed in the lawful defense o f such person or of
another, when the person using force reasona bly believes such force
is necessary to prevent death or great bodily harm to himself or
herself or another or to termin ate or prevent the commission of a
forcible felony; or
3. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any f elony committed; or in
lawfully suppressing any riot; or in lawfully keeping and preserving
the peace.
B. When a person is charged with murder but is found not guilty
due to justifiable homicide, the state shall reimburse the defendant
for all reasonable costs including loss of wages, court costs,
attorney fees, and other expenses involved in his or her defense;
provided, such reimbursement shall not be an independent cause of
action. To award reasonable costs, the trier of fact shall find
that the defendant’s claim that the homicide was justified was
sustained by a prepondera nce of the evidence. If the trier of fact
determines that the homicide was justified, the court shall
determine the amount of the award. If the trier of fact find s that
the defendant did not meet his or her burden of proof by a
preponderance of the evidence, the defendant may appeal the finding
to the Court of Criminal Appeals.
C. Notwithstanding a finding that a defendant’s actions were
justified, if the trier o f fact determines that the defendant was
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engaged in criminal conduct substantially related to the events
giving rise to the charges filed against the defendant, the court
may deny or reduce the amount of the award. In determining the
amount of the award, the court shall consider the seriousness of the
initial criminal conduct.
D. When a homicide is dete rmined to be justified and the
defendant establishes that he or she has sustained injury due to
malicious prosecution, then the defendant shall be awarded fair and
just compensation.
E. In order to support a claim of malicious prosecution
pursuant to this sec tion, a claimant shall establish:
1. That a prosecution for homicide was commenced against the
claimant;
2. That the prosecution was malicious;
3. That the prosecution was instituted or instigated by the
prosecutor;
4. That the prosecution was without probable cause;
5. That the prosecution has bee n legally and finally terminated
in favor of the claimant; and
6. That as a result of the criminal prosec ution the claimant
sustained injury.
F. For purposes of this section , malice may be established if
the principal motive of the prosecution was other t han a desire to
bring an offender to justice, or t hat the prosecution was done with
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ill will or hatred or willfully done in a wanton or oppressive
manner, and in conscious disregard of the claimant’s rights.
G. A prosecutor may be held personally liable to a claimant if
malicious prosecution is establish ed pursuant to this section .
H. When a malicious prosecution is established pursuant to this
section, any court that presided over any stage of the prosecution
shall immediately report the finding to the O klahoma Bar Association
for a disciplinary investigation of both the pr osecutor and the
elected district attorney who employs the prosecutor.
I. The provisions of this section shall extend to pending
prosecutions prior to the effective date of this act.
J. As used in this section, “forcible felony” means any felony
which involves the use or threat of physical force or violence
against any person.
SECTION 2. This act shall become effective November 1, 2023.
59-1-893 TEK 1/19/2023 3:08:50 PM