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SENATE FLOOR VERSION
February 13, 2024
SENATE BILL NO. 1211 By: Thompson (Kristen) of the
Senate
and
George of the House
An Act relating to domestic abuse; amending 21 O.S.
2021, Section 644, as last amended by Section 1,
Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, Section
644), which relates to assault and battery ; modifying
range of punishment for certain offense ; updating
statutory language; 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 last
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.
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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 su ch fine and
imprisonment.
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 Oklahoma Statut es
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 imprisonment. Upon conviction
for a second or subseque nt 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 suc h 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 cause, commits any assault,
battery, or assault and battery upon an intimate partner o r a family
or household member as defined by Sectio n 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weap on, upon
conviction, is guilty of domestic a ssault or domestic assault and
battery with a dangerous weapon which shall be a felony and
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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) year. The provisions of Section
51.1 of this title shall apply to any second or subseq uent
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 b y 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 cust ody of the Department
of Corrections not excee ding 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 pregnancy sha ll 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 wit h knowledge of the
pregnancy shall be guilty o f a felony, punishable by imprisonment in
the custody of the Department of Corrections for n ot less than ten
(10) years.
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Any person convicted of domestic abuse committe d 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
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 abuse as defined in
subsection C of this sect ion that results in great bodily injury t o
the victim shall be guilty of a felony and punish ed by imprisonment
in the custody of the Department of Corrections for not m ore 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 the prese nce of a
child shall be punished by impri sonment in the county jail for not
less than six (6) months nor more than one (1) year, or by a fine
not exceeding Five Thousan d Dollars ($5,000.00), or by both such
fine and imprisonment. Any person convicted 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 fo r not
less than one (1) year nor more than fiv e (5) years, or by a fine
not exceeding Seven Thousand Dollars ($7,000.00), or by both such
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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 abuse crim e in violation of any provision
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 suspended or deferred
sentence that a defendant partic ipate in counseling or undergo
treatment to bring a bout the cessation of domestic abuse as
specified in paragraph 2 of this sub section;
2. a. The court shall require the d efendant to complete an
assessment and follo w 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 defend ant to attend the
program for a minimum of fif ty-two (52) weeks,
complete the program, and be evaluated 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
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seek acceleration or revocation of any probation
entered by the court.
b. A program for anger management, couples counseling, o r
family and marital counseling shall not solely qualify
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 o r
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 perpet rator 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;
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3. a. The court shall set a review hearin g no more than one
hundred twenty (120) d ays after the defendant is
ordered to participa te in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this s ubsection 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 treat ment for domestic
abuse by an individual licen sed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presente d to the
court by the defendant no later th an one hundred
twenty (120) days after the d efendant 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 schedule 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
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court-ordered domestic abuse c ounseling or treatment
program shall be prim a facie evidence of the violation
of the conditions of probation for the district
attorney to seek acceleration or revocation of any
probation entered by the court.
b. The court shall set a second review hearin g after the
completion of the counseling or tr eatment to assure
the attendance and comp liance 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 course of ord ered 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 provisio ns 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 treatme nt 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 probation pursuant to
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Section 991b of Title 2 2 of the Oklahoma Statutes and subject th e
defendant to any or all remaining portions of the original sentence;
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 hearing s; and
7. If funding is available, a referee may be appointed and
assigned by the pres iding judge 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 requireme nts 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 part of the cost of
the counseling or treatment, in the discretion of the court.
H. As used in subsection G of this section, “in the presence of
a child” means in the physical pre sence of a child; or having
knowledge that a child is present and may see or hear an ac t 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.
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I. For the purposes of subsections C and G of t his section, any
conviction for assault and ba ttery against an intimate partner or a
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 munici pal court of record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felony charge.
J. Any person who commits any assault and battery by
strangulation or attempted strangulat ion against an intimate partner
or a family or household member as defined by Section 6 0.1 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 Department of Corrections for a
period of not less than one (1) year nor more than three (3) ten
(10) 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 the custody of the
Department of Corrections for a p eriod of not less than three (3)
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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 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 vesse ls or air passages of the
neck as a result of ex ternal 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 this state and any judge ther eof 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 trea tment services ordered as part of
any suspended or deferred sentence or pr obation; 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 vict im of
domestic violence, stalking, or s exual assault in connection with
the prosecution of a domestic violence, stalkin g, or sexual assault
offense in this state.
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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, violat ion of a
protective order, or any other violent 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 convicti on is
relevant for a period of ten (10) years following the completion o f
any court imposed probationary term; provided, the person has n ot,
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 sect ion shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
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for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.
SECTION 2. This act shall become effe ctive November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 13, 2024 - DO PASS