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4 | - | An Act | |
5 | - | ENROLLED SENATE | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 2nd Session of the 59th Legislature (2024) | |
34 | + | ||
35 | + | ENGROSSED SENATE | |
6 | 36 | BILL NO. 1211 By: Thompson (Kristen) of the | |
7 | 37 | Senate | |
8 | 38 | ||
9 | 39 | and | |
10 | 40 | ||
11 | - | George, Fugate, and Bashore | |
12 | - | of the House | |
41 | + | George of the House | |
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18 | 47 | An Act relating to domestic abuse; amending 21 O.S. | |
19 | 48 | 2021, Section 644, as last amended by Section 1, | |
20 | 49 | Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, Secti on | |
21 | 50 | 644), which relates to assault and battery ; modifying | |
22 | 51 | range of punishment for certain offense ; updating | |
23 | 52 | statutory language; and providing an effecti ve date. | |
24 | 53 | ||
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29 | - | SUBJECT: Domestic abuse | |
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30 | 60 | ||
31 | 61 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
32 | - | ||
33 | 62 | SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last | |
34 | 63 | amended by Section 1, Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, | |
35 | 64 | Section 644), is amended to read a s follows: | |
36 | - | ||
37 | 65 | Section 644. A. Assault shall be punishable by imprison ment in | |
38 | 66 | a county jail not exceeding t hirty (30) days, or by a fine of not | |
39 | 67 | more than Five Hundred Dollars ($500.00), or by both such fine and | |
40 | 68 | imprisonment. | |
41 | 69 | ||
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42 | 96 | B. Assault and battery shall be punishable by imprisonment in a | |
43 | 97 | county jail not exceeding ninety ( 90) days, or by a fine of not more | |
44 | 98 | than One Thousand Dollars ($1,000.00), or by both su ch fine and | |
45 | 99 | imprisonment. | |
46 | - | ||
47 | - | ||
48 | - | ENR. S. B. NO. 1211 Page 2 | |
49 | 100 | C. Any person who commit s any assault and battery against a | |
50 | 101 | current or former intimate partner or a family or household member | |
51 | 102 | as defined by Section 60.1 of Title 22 of the Oklahoma Statutes | |
52 | 103 | shall be guilty of domestic abuse. Upon convicti on, the defendant | |
53 | 104 | shall be punished by i mprisonment in the county jail for not more | |
54 | 105 | than one (1) year, or by a fine not exceeding Five Thousand Dollars | |
55 | 106 | ($5,000.00), or by both such fi ne and imprisonment. Upon conviction | |
56 | 107 | for a second or subseque nt offense, the person shall be punished by | |
57 | 108 | imprisonment in the custody of the Department of Corrections for not | |
58 | 109 | more than four (4) years, or by a fine not exceeding Five Thousand | |
59 | 110 | Dollars ($5,000.00), or by b oth such fine and imprisonment. The | |
60 | 111 | provisions of Section 51.1 of this title shall apply to any se cond | |
61 | 112 | or subsequent offense. | |
62 | - | ||
63 | 113 | D. 1. Any person who, with intent to do bodily harm and | |
64 | 114 | without justifiable or excusable cause, commits any assau lt, | |
65 | 115 | battery, or assault and battery upon an intimate partner o r a family | |
66 | 116 | or household member as defined by Sectio n 60.1 of Title 22 of the | |
67 | 117 | Oklahoma Statutes with any sharp or dangerous weap on, upon | |
68 | 118 | conviction, is guilty of domestic a ssault or domestic assault and | |
69 | 119 | battery with a dangerous weapon which shall be a felony and | |
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70 | 147 | punishable by imprisonment in the custody of the Department of | |
71 | 148 | Corrections not exceeding ten (10) years, or by imprisonment in a | |
72 | 149 | county jail not exceeding one (1) year. The provisions of Section | |
73 | 150 | 51.1 of this title shall apply to any second or subseq uent | |
74 | 151 | conviction for a violation of this paragraph. | |
75 | - | ||
76 | 152 | 2. Any person who, without such cause, shoots an intimate | |
77 | 153 | partner or a family or household member as defined by Section 60.1 | |
78 | 154 | of Title 22 of the Oklahoma Sta tutes by means of any deadly weapon | |
79 | 155 | that is likely to produ ce death shall, upon conviction, be guil ty of | |
80 | 156 | domestic assault and battery with a deadly weapon which shall be a | |
81 | 157 | felony punishable by imprisonment in the cust ody of the Department | |
82 | 158 | of Corrections not exceeding life. The provisions of Section 51. 1 | |
83 | 159 | of this title shall apply to any second or subseq uent conviction for | |
84 | 160 | a violation of this paragraph. | |
85 | - | ||
86 | 161 | E. Any person convicted of domestic abuse committed against a | |
87 | 162 | pregnant woman with knowledge of the pregna ncy shall be guilty of a | |
88 | 163 | misdemeanor, punishable by impriso nment in the county jail for not | |
89 | 164 | more than one (1) year. | |
90 | - | ||
91 | - | ||
92 | - | ENR. S. B. NO. 1211 Page 3 | |
93 | 165 | Any person convicted of a second or subsequent offense of | |
94 | 166 | domestic abuse against a pregnant woman wit h knowledge of the | |
95 | 167 | pregnancy shall be guilty of a felony, punishable by imprisonment in | |
96 | 168 | the custody of the Department of Corrections for n ot less than ten | |
97 | 169 | (10) years. | |
98 | 170 | ||
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99 | 197 | Any person convicted of domestic abuse committe d against a | |
100 | 198 | pregnant woman with knowledge of the pregnancy and a miscarriage | |
101 | 199 | occurs or injury to the unborn child occurs shall be guilty of a | |
102 | 200 | felony, punishable by imprisonment in the custody of the Department | |
103 | 201 | of Corrections for not less than twenty (20) years. | |
104 | - | ||
105 | 202 | F. Any person convicted of domestic abuse as defined in | |
106 | 203 | subsection C of this section that results in great bodily injury t o | |
107 | 204 | the victim shall be guilty of a felony and punish ed by imprisonment | |
108 | 205 | in the custody of the Department of Corrections for not m ore than | |
109 | 206 | ten (10) years, or by imprisonment in the county jail for not more | |
110 | 207 | than one (1) year. The provisions of Section 51.1 of this title | |
111 | 208 | shall apply to any second or subsequent conviction of a violation of | |
112 | 209 | this subsection. | |
113 | - | ||
114 | 210 | G. Any person convicted of domestic abuse as defined in | |
115 | 211 | subsection C of this section that was c ommitted in the presence of a | |
116 | 212 | child shall be punished by impri sonment in the county jail for not | |
117 | 213 | less than six (6) months nor more than one (1) year, or by a fine | |
118 | 214 | not exceeding Five Thousan d Dollars ($5,000.00), or by both such | |
119 | 215 | fine and imprisonment. Any person convict ed of a second or | |
120 | 216 | subsequent domestic abuse as defined in s ubsection C of this section | |
121 | 217 | that was committed in the presence of a child shall be punished by | |
122 | 218 | imprisonment in the custody of the Department of Corrections fo r not | |
123 | 219 | less than one (1) year nor more than five (5) years, or by a fine | |
124 | 220 | not exceeding Seven Thousand Dollars ($7,000.00), or by both such | |
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222 | + | SB1211 HFLR Page 5 | |
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125 | 248 | fine and imprisonment. The provisions of Section 51.1 of this title | |
126 | 249 | shall apply to any second or subsequent offense. F or every | |
127 | 250 | conviction of a domestic abu se crime in violation of any provision | |
128 | 251 | of this section comm itted against an intimate partner or a f amily or | |
129 | 252 | household member as defined by Section 60.1 of Title 22 of the | |
130 | 253 | Oklahoma Statutes, the court shall: | |
131 | - | ||
132 | 254 | 1. Specifically order as a conditi on of a suspended or deferred | |
133 | 255 | sentence that a defendant partic ipate in counseling or undergo | |
134 | - | ||
135 | - | ENR. S. B. NO. 1211 Page 4 | |
136 | 256 | treatment to bring a bout the cessation of domestic abuse as | |
137 | 257 | specified in paragraph 2 of this sub section; | |
138 | - | ||
139 | 258 | 2. a. The court shall require the d efendant to complete an | |
140 | 259 | assessment and follow the recommendations of a | |
141 | 260 | batterers’ intervention program certified by the | |
142 | 261 | Attorney General. If the defendant is ordered to | |
143 | 262 | participate in a batterers’ intervention program, the | |
144 | 263 | order shall require the defend ant to attend the | |
145 | 264 | program for a minimum of fifty-two (52) weeks, | |
146 | 265 | complete the program, and be evaluated before and | |
147 | 266 | after attendance of t he program by program staff. | |
148 | 267 | Three unexcused absences in succession or seven | |
149 | 268 | unexcused absences in a period of fifty -two (52) weeks | |
150 | 269 | from any court-ordered batterers’ intervention program | |
151 | 270 | shall be prima facie evidenc e of the violation of the | |
152 | 271 | conditions of probation for the district attorney to | |
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153 | 299 | seek acceleration or revocation of any probation | |
154 | 300 | entered by the court. | |
155 | - | ||
156 | 301 | b. A program for anger management, couples counseling, or | |
157 | 302 | family and marital counseling shall not solely qualify | |
158 | 303 | for the counseling or treatment r equirement for | |
159 | 304 | domestic abuse pursuant to this subsection. The | |
160 | 305 | counseling may be ordered in addition to counseling | |
161 | 306 | specifically for the treatment of domestic abuse or | |
162 | 307 | per evaluation as set forth below. If, after | |
163 | 308 | sufficient evaluation and attendance at re quired | |
164 | 309 | counseling sessions, the domestic violence treatment | |
165 | 310 | program or licensed professional determines that the | |
166 | 311 | defendant does not evaluate as a perpetrator of | |
167 | 312 | domestic violence or does evaluate as a perpet rator of | |
168 | 313 | domestic violence and should complete ot her programs | |
169 | 314 | of treatment simultaneously or prior to domestic | |
170 | 315 | violence treatment, including but not limited to | |
171 | 316 | programs related to the mental health, apparent | |
172 | 317 | substance or alcohol abuse or inability or refusal to | |
173 | 318 | manage anger, the defendant shall be ordere d to | |
174 | 319 | complete the counseling as per the recommendations of | |
175 | 320 | the domestic violence treatment program or licensed | |
176 | 321 | professional; | |
177 | 322 | ||
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178 | 348 | ||
179 | - | ENR. S. B. NO. 1211 Page 5 | |
180 | 349 | 3. a. The court shall set a review hearing no more than one | |
181 | 350 | hundred twenty (120) d ays after the defendant is | |
182 | 351 | ordered to participa te in a domestic abuse counseling | |
183 | 352 | program or undergo treatment for domestic abuse to | |
184 | 353 | assure the attendance and compliance of the defendant | |
185 | 354 | with the provisions of this subsection and the | |
186 | 355 | domestic abuse counseling or t reatment requirements. | |
187 | 356 | The court may suspend sentencing of the defendant | |
188 | 357 | until the defendant has presented proof to the court | |
189 | 358 | of enrollment in a program of treat ment for domestic | |
190 | 359 | abuse by an individual licensed practitioner or a | |
191 | 360 | domestic abuse treatment program certified by the | |
192 | 361 | Attorney General and attendance at weekly sessions of | |
193 | 362 | such program. Such proof shall be presente d to the | |
194 | 363 | court by the defendant no later th an one hundred | |
195 | 364 | twenty (120) days afte r the defendant is ordered to | |
196 | 365 | such counseling or treatm ent. At such time, the court | |
197 | 366 | may complete sentencing, beginning the period of the | |
198 | 367 | sentence from the date that proof of enrollment is | |
199 | 368 | presented to the court, and schedule reviews as | |
200 | 369 | required by subparagraphs a and b of this paragraph | |
201 | 370 | and paragraphs 4 and 5 of this subsection. Three | |
202 | 371 | unexcused absences in succession or seven unexcused | |
203 | 372 | absences in a period of fifty-two (52) weeks from any | |
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204 | 400 | court-ordered domestic abuse c ounseling or treatment | |
205 | 401 | program shall be prima facie evidence of the violation | |
206 | 402 | of the conditions of probation for the district | |
207 | 403 | attorney to seek acceleration or revocation of any | |
208 | 404 | probation entered by the court. | |
209 | - | ||
210 | 405 | b. The court shall set a second review hearin g after the | |
211 | 406 | completion of the counseling or treatment to assure | |
212 | 407 | the attendance and comp liance of the defendant with | |
213 | 408 | the provisions of this subsection and the domestic | |
214 | 409 | abuse counseling or treatment requirements. The court | |
215 | 410 | shall retain continuing jurisdiction over the | |
216 | 411 | defendant during the course of ordered counseling | |
217 | 412 | through the final review hearing ; | |
218 | - | ||
219 | 413 | 4. The court may set subsequent or o ther review hearings as the | |
220 | 414 | court determines necessary to assure the defendant attends and fully | |
221 | - | ||
222 | - | ENR. S. B. NO. 1211 Page 6 | |
223 | 415 | complies with the provisio ns of this subsection and the domestic | |
224 | 416 | abuse counseling or treatment requirements; | |
225 | - | ||
226 | 417 | 5. At any review hearing, if the defendant is no t | |
227 | 418 | satisfactorily attending individual counseling or a domestic abuse | |
228 | 419 | counseling or treatment program or is not in compliance w ith any | |
229 | 420 | domestic abuse counseling or treatment requirements, the court may | |
230 | 421 | order the defendant to further or continue counseling, treatment, or | |
231 | 422 | other necessary services. The court may revoke all or any part of a | |
232 | 423 | suspended sentence, deferred sentence, or probation pursuant to | |
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233 | 451 | Section 991b of Title 22 of the Oklahoma Statutes and subject th e | |
234 | 452 | defendant to any or all remaining portions of the original sentence; | |
235 | - | ||
236 | 453 | 6. At the first review hearing, the court shall require the | |
237 | 454 | defendant to appear in court. Thereaft er, for any subsequent review | |
238 | 455 | hearings, the court may accept a report on the progress of the | |
239 | 456 | defendant from individual counseling , domestic abuse counseling, or | |
240 | 457 | the treatment program. There shall be no requirement for the victim | |
241 | 458 | to attend review hearing s; and | |
242 | - | ||
243 | 459 | 7. If funding is available, a referee may be appointed and | |
244 | 460 | assigned by the pres iding judge of the district court to hear | |
245 | 461 | designated cases set for review under this subsection. Reasonable | |
246 | 462 | compensation for the referees shall be fixed by the presiding judge. | |
247 | 463 | The referee shall meet the re quirements and perform all duties in | |
248 | 464 | the same manner and procedure as set forth in Section s 1-8-103 and | |
249 | 465 | 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees | |
250 | 466 | appointed in juvenile proceedings. | |
251 | - | ||
252 | 467 | The defendant may be required to p ay all or part of the cost of | |
253 | 468 | the counseling or treatment, in the discretion of the court. | |
254 | - | ||
255 | 469 | H. As used in subsection G of this section, “in the presence of | |
256 | 470 | a child” means in the physical pre sence of a child; or having | |
257 | 471 | knowledge that a child is present and may see or hea r an act of | |
258 | 472 | domestic violence. For the purposes of sub sections C and G of this | |
259 | 473 | section, “child” may be any child whether or not related to the | |
260 | 474 | victim or the defendant. | |
261 | 475 | ||
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262 | 502 | I. For the purposes of subsections C and G of t his section, any | |
263 | 503 | conviction for assault and battery against an intimate partner or a | |
264 | 504 | family or household member as defined by S ection 60.1 of Title 22 of | |
265 | - | ||
266 | - | ENR. S. B. NO. 1211 Page 7 | |
267 | 505 | the Oklahoma Statutes shall constitute a sufficient basis for a | |
268 | 506 | felony charge: | |
269 | - | ||
270 | 507 | 1. If that conviction is rendered in any state, county or | |
271 | 508 | parish court of record of this or any other state; or | |
272 | - | ||
273 | 509 | 2. If that conviction is rendered in any municipal court of | |
274 | 510 | record of this or any other state for which any jail time was | |
275 | 511 | served; provided, no conviction in a munici pal court of record | |
276 | 512 | entered prior to November 1, 1997, shall constitute a prior | |
277 | 513 | conviction for purposes of a felony charge. | |
278 | - | ||
279 | 514 | J. Any person who commits any assault and battery by | |
280 | 515 | strangulation or attempted strangulat ion against an intimate partner | |
281 | 516 | or a family or household member as defined by Se ction 60.1 of Title | |
282 | 517 | 22 of the Oklahoma Statute s shall, upon conviction, be gui lty of | |
283 | 518 | domestic abuse by strangulation and shall be punished by | |
284 | 519 | imprisonment in the custody of the Department of Corrections for a | |
285 | 520 | period of not less than one (1) year nor more t han three (3) ten | |
286 | 521 | (10) years, or by a fine of not more than Three Thousand Dollars | |
287 | 522 | ($3,000.00), or by both such fine and imprisonment. Upon a second | |
288 | 523 | or subsequent conviction for a violatio n of this section, the | |
289 | 524 | defendant shall be punished by imprisonment in the custody of the | |
290 | 525 | Department of Corrections for a p eriod of not less than three (3) | |
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291 | 553 | years nor more than ten (10) years, or by a fine of not more than | |
292 | 554 | Twenty Thousand Dollars ($20,000.00), or by both such fine and | |
293 | 555 | imprisonment. The provisions of Sectio n 51.1 of this title shall | |
294 | 556 | apply to any second or subsequent conviction of a violation of this | |
295 | 557 | subsection. As used in this subsection, “strangulation” means any | |
296 | 558 | form of asphyxia; including , but not limited to, asphyxia | |
297 | 559 | characterized by closure of the bloo d vessels or air passages of the | |
298 | 560 | neck as a result of ex ternal pressure on the neck or t he closure of | |
299 | 561 | the nostrils or mouth as a result of external pressure on the head. | |
300 | - | ||
301 | 562 | K. Any district court of this state and any judge thereof sh all | |
302 | 563 | be immune from any lia bility or prosecution for issuing an order | |
303 | 564 | that requires a defendant to: | |
304 | - | ||
305 | 565 | 1. Attend a treatment program for domestic abusers certified by | |
306 | 566 | the Attorney General; | |
307 | - | ||
308 | - | ||
309 | - | ENR. S. B. NO. 1211 Page 8 | |
310 | 567 | 2. Attend counseling or trea tment services ordered as part of | |
311 | 568 | any suspended or deferred sentenc e or probation; and | |
312 | - | ||
313 | 569 | 3. Attend, complete, and be ev aluated before and after | |
314 | 570 | attendance by a treatment program for domestic abusers, certified by | |
315 | 571 | the Attorney General. | |
316 | - | ||
317 | 572 | L. There shall be no charge of fees or costs to any victim of | |
318 | 573 | domestic violence, stalkin g, or sexual assault in connection with | |
319 | 574 | the prosecution of a domestic violence, stalkin g, or sexual assault | |
320 | 575 | offense in this state. | |
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578 | + | BOLD FACE denotes Committee Amendments. 1 | |
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321 | 602 | ||
322 | 603 | M. In the course of prosecuting any charge of domestic ab use, | |
323 | 604 | stalking, harassment, rape, or violation of a protective order , the | |
324 | 605 | prosecutor shall provide the court, prior t o sentencing or any plea | |
325 | 606 | agreement, a local history and any other available history of past | |
326 | 607 | convictions of the defendant within the last ten (10) years relating | |
327 | 608 | to domestic abuse, s talking, harassment, rape, violation of a | |
328 | 609 | protective order, or any other violent misdemeanor or felony | |
329 | 610 | convictions. | |
330 | - | ||
331 | 611 | N. Any plea of guilty or finding of guilt for a violation of | |
332 | 612 | subsection C, F, G, I or J of this se ction shall constitute a | |
333 | 613 | conviction of the offense for the purpose of this act or any other | |
334 | 614 | criminal statute under which the existence of a prior convicti on is | |
335 | 615 | relevant for a period of ten (10) years following the completion of | |
336 | 616 | any court imposed probationary term; provided, the person has not, | |
337 | 617 | in the meantime, been convic ted of a misdemeanor involving moral | |
338 | 618 | turpitude or a felony. | |
339 | - | ||
340 | 619 | O. For purposes of subsect ion F of this section, “great bodily | |
341 | 620 | injury” means bone fracture, protracted and obvious disfigurement , | |
342 | 621 | protracted loss or impairment of the function of a body part, org an | |
343 | 622 | or mental faculty, or substantial risk of death. | |
344 | - | ||
345 | 623 | P. Any pleas of guilty or nolo con tendere or finding of guilt | |
346 | 624 | to a violation of any provision of this section shall constitute a | |
347 | 625 | conviction of the offense for the purpose of any subsection of this | |
348 | 626 | section under which the existence of a prior conviction is relevant | |
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349 | 654 | for a period of ten (10) years following the completion of any | |
350 | 655 | sentence or court imposed probationary term. | |
351 | - | ||
352 | - | ||
353 | - | ENR. S. B. NO. 1211 Page 9 | |
354 | 656 | SECTION 2. This act shall become effective November 1, 2024. | |
355 | 657 | ||
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. |