Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1211 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+2nd Session of the 59th Legislature (2024)
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35+ENGROSSED SENATE
636 BILL NO. 1211 By: Thompson (Kristen) of the
737 Senate
838
939 and
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11- George, Fugate, and Bashore
12-of the House
41+ George of the House
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1847 An Act relating to domestic abuse; amending 21 O.S.
1948 2021, Section 644, as last amended by Section 1,
2049 Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, Secti on
2150 644), which relates to assault and battery ; modifying
2251 range of punishment for certain offense ; updating
2352 statutory language; and providing an effecti ve date.
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29-SUBJECT: Domestic abuse
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3161 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3362 SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last
3463 amended by Section 1, Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023,
3564 Section 644), is amended to read a s follows:
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3765 Section 644. A. Assault shall be punishable by imprison ment in
3866 a county jail not exceeding t hirty (30) days, or by a fine of not
3967 more than Five Hundred Dollars ($500.00), or by both such fine and
4068 imprisonment.
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4296 B. Assault and battery shall be punishable by imprisonment in a
4397 county jail not exceeding ninety ( 90) days, or by a fine of not more
4498 than One Thousand Dollars ($1,000.00), or by both su ch fine and
4599 imprisonment.
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49100 C. Any person who commit s any assault and battery against a
50101 current or former intimate partner or a family or household member
51102 as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
52103 shall be guilty of domestic abuse. Upon convicti on, the defendant
53104 shall be punished by i mprisonment in the county jail for not more
54105 than one (1) year, or by a fine not exceeding Five Thousand Dollars
55106 ($5,000.00), or by both such fi ne and imprisonment. Upon conviction
56107 for a second or subseque nt offense, the person shall be punished by
57108 imprisonment in the custody of the Department of Corrections for not
58109 more than four (4) years, or by a fine not exceeding Five Thousand
59110 Dollars ($5,000.00), or by b oth such fine and imprisonment. The
60111 provisions of Section 51.1 of this title shall apply to any se cond
61112 or subsequent offense.
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63113 D. 1. Any person who, with intent to do bodily harm and
64114 without justifiable or excusable cause, commits any assau lt,
65115 battery, or assault and battery upon an intimate partner o r a family
66116 or household member as defined by Sectio n 60.1 of Title 22 of the
67117 Oklahoma Statutes with any sharp or dangerous weap on, upon
68118 conviction, is guilty of domestic a ssault or domestic assault and
69119 battery with a dangerous weapon which shall be a felony and
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70147 punishable by imprisonment in the custody of the Department of
71148 Corrections not exceeding ten (10) years, or by imprisonment in a
72149 county jail not exceeding one (1) year. The provisions of Section
73150 51.1 of this title shall apply to any second or subseq uent
74151 conviction for a violation of this paragraph.
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76152 2. Any person who, without such cause, shoots an intimate
77153 partner or a family or household member as defined by Section 60.1
78154 of Title 22 of the Oklahoma Sta tutes by means of any deadly weapon
79155 that is likely to produ ce death shall, upon conviction, be guil ty of
80156 domestic assault and battery with a deadly weapon which shall be a
81157 felony punishable by imprisonment in the cust ody of the Department
82158 of Corrections not exceeding life. The provisions of Section 51. 1
83159 of this title shall apply to any second or subseq uent conviction for
84160 a violation of this paragraph.
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86161 E. Any person convicted of domestic abuse committed against a
87162 pregnant woman with knowledge of the pregna ncy shall be guilty of a
88163 misdemeanor, punishable by impriso nment in the county jail for not
89164 more than one (1) year.
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93165 Any person convicted of a second or subsequent offense of
94166 domestic abuse against a pregnant woman wit h knowledge of the
95167 pregnancy shall be guilty of a felony, punishable by imprisonment in
96168 the custody of the Department of Corrections for n ot less than ten
97169 (10) years.
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99197 Any person convicted of domestic abuse committe d against a
100198 pregnant woman with knowledge of the pregnancy and a miscarriage
101199 occurs or injury to the unborn child occurs shall be guilty of a
102200 felony, punishable by imprisonment in the custody of the Department
103201 of Corrections for not less than twenty (20) years.
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105202 F. Any person convicted of domestic abuse as defined in
106203 subsection C of this section that results in great bodily injury t o
107204 the victim shall be guilty of a felony and punish ed by imprisonment
108205 in the custody of the Department of Corrections for not m ore than
109206 ten (10) years, or by imprisonment in the county jail for not more
110207 than one (1) year. The provisions of Section 51.1 of this title
111208 shall apply to any second or subsequent conviction of a violation of
112209 this subsection.
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114210 G. Any person convicted of domestic abuse as defined in
115211 subsection C of this section that was c ommitted in the presence of a
116212 child shall be punished by impri sonment in the county jail for not
117213 less than six (6) months nor more than one (1) year, or by a fine
118214 not exceeding Five Thousan d Dollars ($5,000.00), or by both such
119215 fine and imprisonment. Any person convict ed of a second or
120216 subsequent domestic abuse as defined in s ubsection C of this section
121217 that was committed in the presence of a child shall be punished by
122218 imprisonment in the custody of the Department of Corrections fo r not
123219 less than one (1) year nor more than five (5) years, or by a fine
124220 not exceeding Seven Thousand Dollars ($7,000.00), or by both such
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125248 fine and imprisonment. The provisions of Section 51.1 of this title
126249 shall apply to any second or subsequent offense. F or every
127250 conviction of a domestic abu se crime in violation of any provision
128251 of this section comm itted against an intimate partner or a f amily or
129252 household member as defined by Section 60.1 of Title 22 of the
130253 Oklahoma Statutes, the court shall:
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132254 1. Specifically order as a conditi on of a suspended or deferred
133255 sentence that a defendant partic ipate in counseling or undergo
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136256 treatment to bring a bout the cessation of domestic abuse as
137257 specified in paragraph 2 of this sub section;
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139258 2. a. The court shall require the d efendant to complete an
140259 assessment and follow the recommendations of a
141260 batterers’ intervention program certified by the
142261 Attorney General. If the defendant is ordered to
143262 participate in a batterers’ intervention program, the
144263 order shall require the defend ant to attend the
145264 program for a minimum of fifty-two (52) weeks,
146265 complete the program, and be evaluated before and
147266 after attendance of t he program by program staff.
148267 Three unexcused absences in succession or seven
149268 unexcused absences in a period of fifty -two (52) weeks
150269 from any court-ordered batterers’ intervention program
151270 shall be prima facie evidenc e of the violation of the
152271 conditions of probation for the district attorney to
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153299 seek acceleration or revocation of any probation
154300 entered by the court.
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156301 b. A program for anger management, couples counseling, or
157302 family and marital counseling shall not solely qualify
158303 for the counseling or treatment r equirement for
159304 domestic abuse pursuant to this subsection. The
160305 counseling may be ordered in addition to counseling
161306 specifically for the treatment of domestic abuse or
162307 per evaluation as set forth below. If, after
163308 sufficient evaluation and attendance at re quired
164309 counseling sessions, the domestic violence treatment
165310 program or licensed professional determines that the
166311 defendant does not evaluate as a perpetrator of
167312 domestic violence or does evaluate as a perpet rator of
168313 domestic violence and should complete ot her programs
169314 of treatment simultaneously or prior to domestic
170315 violence treatment, including but not limited to
171316 programs related to the mental health, apparent
172317 substance or alcohol abuse or inability or refusal to
173318 manage anger, the defendant shall be ordere d to
174319 complete the counseling as per the recommendations of
175320 the domestic violence treatment program or licensed
176321 professional;
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180349 3. a. The court shall set a review hearing no more than one
181350 hundred twenty (120) d ays after the defendant is
182351 ordered to participa te in a domestic abuse counseling
183352 program or undergo treatment for domestic abuse to
184353 assure the attendance and compliance of the defendant
185354 with the provisions of this subsection and the
186355 domestic abuse counseling or t reatment requirements.
187356 The court may suspend sentencing of the defendant
188357 until the defendant has presented proof to the court
189358 of enrollment in a program of treat ment for domestic
190359 abuse by an individual licensed practitioner or a
191360 domestic abuse treatment program certified by the
192361 Attorney General and attendance at weekly sessions of
193362 such program. Such proof shall be presente d to the
194363 court by the defendant no later th an one hundred
195364 twenty (120) days afte r the defendant is ordered to
196365 such counseling or treatm ent. At such time, the court
197366 may complete sentencing, beginning the period of the
198367 sentence from the date that proof of enrollment is
199368 presented to the court, and schedule reviews as
200369 required by subparagraphs a and b of this paragraph
201370 and paragraphs 4 and 5 of this subsection. Three
202371 unexcused absences in succession or seven unexcused
203372 absences in a period of fifty-two (52) weeks from any
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204400 court-ordered domestic abuse c ounseling or treatment
205401 program shall be prima facie evidence of the violation
206402 of the conditions of probation for the district
207403 attorney to seek acceleration or revocation of any
208404 probation entered by the court.
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210405 b. The court shall set a second review hearin g after the
211406 completion of the counseling or treatment to assure
212407 the attendance and comp liance of the defendant with
213408 the provisions of this subsection and the domestic
214409 abuse counseling or treatment requirements. The court
215410 shall retain continuing jurisdiction over the
216411 defendant during the course of ordered counseling
217412 through the final review hearing ;
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219413 4. The court may set subsequent or o ther review hearings as the
220414 court determines necessary to assure the defendant attends and fully
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223415 complies with the provisio ns of this subsection and the domestic
224416 abuse counseling or treatment requirements;
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226417 5. At any review hearing, if the defendant is no t
227418 satisfactorily attending individual counseling or a domestic abuse
228419 counseling or treatment program or is not in compliance w ith any
229420 domestic abuse counseling or treatment requirements, the court may
230421 order the defendant to further or continue counseling, treatment, or
231422 other necessary services. The court may revoke all or any part of a
232423 suspended sentence, deferred sentence, or probation pursuant to
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233451 Section 991b of Title 22 of the Oklahoma Statutes and subject th e
234452 defendant to any or all remaining portions of the original sentence;
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236453 6. At the first review hearing, the court shall require the
237454 defendant to appear in court. Thereaft er, for any subsequent review
238455 hearings, the court may accept a report on the progress of the
239456 defendant from individual counseling , domestic abuse counseling, or
240457 the treatment program. There shall be no requirement for the victim
241458 to attend review hearing s; and
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243459 7. If funding is available, a referee may be appointed and
244460 assigned by the pres iding judge of the district court to hear
245461 designated cases set for review under this subsection. Reasonable
246462 compensation for the referees shall be fixed by the presiding judge.
247463 The referee shall meet the re quirements and perform all duties in
248464 the same manner and procedure as set forth in Section s 1-8-103 and
249465 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
250466 appointed in juvenile proceedings.
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252467 The defendant may be required to p ay all or part of the cost of
253468 the counseling or treatment, in the discretion of the court.
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255469 H. As used in subsection G of this section, “in the presence of
256470 a child” means in the physical pre sence of a child; or having
257471 knowledge that a child is present and may see or hea r an act of
258472 domestic violence. For the purposes of sub sections C and G of this
259473 section, “child” may be any child whether or not related to the
260474 victim or the defendant.
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262502 I. For the purposes of subsections C and G of t his section, any
263503 conviction for assault and battery against an intimate partner or a
264504 family or household member as defined by S ection 60.1 of Title 22 of
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267505 the Oklahoma Statutes shall constitute a sufficient basis for a
268506 felony charge:
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270507 1. If that conviction is rendered in any state, county or
271508 parish court of record of this or any other state; or
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273509 2. If that conviction is rendered in any municipal court of
274510 record of this or any other state for which any jail time was
275511 served; provided, no conviction in a munici pal court of record
276512 entered prior to November 1, 1997, shall constitute a prior
277513 conviction for purposes of a felony charge.
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279514 J. Any person who commits any assault and battery by
280515 strangulation or attempted strangulat ion against an intimate partner
281516 or a family or household member as defined by Se ction 60.1 of Title
282517 22 of the Oklahoma Statute s shall, upon conviction, be gui lty of
283518 domestic abuse by strangulation and shall be punished by
284519 imprisonment in the custody of the Department of Corrections for a
285520 period of not less than one (1) year nor more t han three (3) ten
286521 (10) years, or by a fine of not more than Three Thousand Dollars
287522 ($3,000.00), or by both such fine and imprisonment. Upon a second
288523 or subsequent conviction for a violatio n of this section, the
289524 defendant shall be punished by imprisonment in the custody of the
290525 Department of Corrections for a p eriod of not less than three (3)
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291553 years nor more than ten (10) years, or by a fine of not more than
292554 Twenty Thousand Dollars ($20,000.00), or by both such fine and
293555 imprisonment. The provisions of Sectio n 51.1 of this title shall
294556 apply to any second or subsequent conviction of a violation of this
295557 subsection. As used in this subsection, “strangulation” means any
296558 form of asphyxia; including , but not limited to, asphyxia
297559 characterized by closure of the bloo d vessels or air passages of the
298560 neck as a result of ex ternal pressure on the neck or t he closure of
299561 the nostrils or mouth as a result of external pressure on the head.
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301562 K. Any district court of this state and any judge thereof sh all
302563 be immune from any lia bility or prosecution for issuing an order
303564 that requires a defendant to:
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305565 1. Attend a treatment program for domestic abusers certified by
306566 the Attorney General;
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310567 2. Attend counseling or trea tment services ordered as part of
311568 any suspended or deferred sentenc e or probation; and
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313569 3. Attend, complete, and be ev aluated before and after
314570 attendance by a treatment program for domestic abusers, certified by
315571 the Attorney General.
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317572 L. There shall be no charge of fees or costs to any victim of
318573 domestic violence, stalkin g, or sexual assault in connection with
319574 the prosecution of a domestic violence, stalkin g, or sexual assault
320575 offense in this state.
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322603 M. In the course of prosecuting any charge of domestic ab use,
323604 stalking, harassment, rape, or violation of a protective order , the
324605 prosecutor shall provide the court, prior t o sentencing or any plea
325606 agreement, a local history and any other available history of past
326607 convictions of the defendant within the last ten (10) years relating
327608 to domestic abuse, s talking, harassment, rape, violation of a
328609 protective order, or any other violent misdemeanor or felony
329610 convictions.
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331611 N. Any plea of guilty or finding of guilt for a violation of
332612 subsection C, F, G, I or J of this se ction shall constitute a
333613 conviction of the offense for the purpose of this act or any other
334614 criminal statute under which the existence of a prior convicti on is
335615 relevant for a period of ten (10) years following the completion of
336616 any court imposed probationary term; provided, the person has not,
337617 in the meantime, been convic ted of a misdemeanor involving moral
338618 turpitude or a felony.
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340619 O. For purposes of subsect ion F of this section, “great bodily
341620 injury” means bone fracture, protracted and obvious disfigurement ,
342621 protracted loss or impairment of the function of a body part, org an
343622 or mental faculty, or substantial risk of death.
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345623 P. Any pleas of guilty or nolo con tendere or finding of guilt
346624 to a violation of any provision of this section shall constitute a
347625 conviction of the offense for the purpose of any subsection of this
348626 section under which the existence of a prior conviction is relevant
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349654 for a period of ten (10) years following the completion of any
350655 sentence or court imposed probationary term.
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354656 SECTION 2. This act shall become effective November 1, 2024.
355657
356-Passed the Senate the 20th day of February, 2024.
357-
358-
359-
360- Presiding Officer of the Senate
361-
362-
363-Passed the House of Representatives the 15th day of April, 2024.
364-
365-
366-
367- Presiding Officer of the House
368- of Representatives
369-
370-OFFICE OF THE GOVERNOR
371-Received by the Office of the Governor this _______ _____________
372-day of _________________ __, 20_______, at _______ o'clock _______ M.
373-By: _________________________________
374-Approved by the Governor of the St ate of Oklahoma this _______ __
375-day of _________________ __, 20_______, at _______ o'clock _______ M.
376-
377- _________________________________
378- Governor of the State of Oklahoma
379-
380-
381-OFFICE OF THE SECRETARY OF STATE
382-Received by the Office of the Secretary of State t his __________
383-day of _________________ _, 20 _______, at _______ o'clock _______ M.
384-By: _________________________________
658+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
659+04/03/2024 - DO PASS.