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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 831 By: Dahm
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2 021,
Section 1289.25, which relates to th e Oklahoma
Firearms Act of 1971; updating stat utory reference;
clarifying immunity provi sion for persons asserting
claims of self-defense; authorizing defendants to
file motions to dismiss charges under certain
circumstances; granting defendants the right to file
interlocutory appeals after adverse rulings made by
the court; providing p arameters for appeal hearings;
directing judges to enter cer tain order at conclusion
of appeal hearings; providing burden -of-proof
standard when evidence of self -defense is provided in
criminal prosecutions; amending 22 O.S. 2021,
Sections 1053, as amended by Section 2, Chapter 209,
O.S.L. 2022 and 1089.1 (22 O.S. Supp. 2022, Section
1053), which relate to appeals taken by the state or
municipality; authorizing appeals by the state or
municipalities under certain circumstances ; granting
the state the right t o appeal adverse rulings and
orders; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.25, is
amended to read as follows:
Section 1289.25.
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
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A. The Legislature hereby recognizes that the citizens of the
State of Oklahoma have a right to expect absolut e safety within
their own homes, places of business or places of worship and have
the right to establish policies regarding the possession of weapons
on property pursuant to the provisions of Section 1290.22 of this
title.
B. A person, regardless of official capacity or lack of
official capacity, wi thin a place of worship or a person, an owner,
manager or employee of a business is presumed to have held a
reasonable fear of imminent peril of death or great bodily harm t o
himself or herself or another when using defensiv e force that is
intended or likely to cause death or great bodily harm to another
if:
1. a. The person against whom the defensive force was used was
in the process of unlawfully and forcefully entering, or had
unlawfully and forcibly entered, a dwelling, residence, occupied
vehicle, place of business or place of worship, or if that person
had removed or was attempting to remove another against the will of
that person from the dwelling, residence, occupied v ehicle, place of
business or place of worship .;
b.
2. The person who uses defensive for ce knew or had reason to
believe that an unlawful and forcible entry or unlawful and forcible
act was occurring or had occurred; or
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2. 3. The person who uses defensive force knew or had a
reasonable belief that the pe rson against whom the defensive force
was used entered or was attempting to enter into a dwelling,
residence, occupied vehicle, place of business or place of worship
for the purpose of committing a forcible felony, as defined in
Section 733 of this title, and that the defensive force was
necessary to prevent the commission of the forcible felony.
C. The presumption set forth in subsection B of this section
does not apply if:
1. The person against whom the defensive force is used has the
right to be in or is a lawful resident of the dwelling, res idence,
or vehicle, such as an owner, lessee, or titleholder, and there is
not a protective order from domestic violence in effect or a writ ten
pretrial supervision order of no contact against that person;
2. The person or persons sought to be removed are children or
grandchildren, or are otherwise in the lawful custody or under the
lawful guardianship of, the person against whom the defensiv e force
is used; or
3. The person who uses defensive force is engaged in a n
unlawful activity or is using the dwell ing, residence, occupied
vehicle, place of business or place of worship to further an
unlawful activity.
D. A person who is not engaged in an unlawful activity and who
is attacked in any other place where he or she has a right to be,
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has no duty to retreat and has the right to stand his or her ground
and meet force with force, including deadly force, if he or she
reasonably believes it is nece ssary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the
commission of a forcible felony.
E. A person who unlawfully and by force enters or attempts to
enter the dwelling, residence, occupied vehicle of anoth er person,
place of business or place of worship is presumed to be doing s o
with the intent to commit an unlawful a ct involving force or
violence.
F. 1. A person who uses defensive force, as permitted pursuant
to the provisions of subsections A, B, D and E of this section, is
justified in using such defensive force and is immu ne from shall not
be subject to criminal prosecution and civil action for the use of
such defensive force , unless the force is determined to be unlawful .
2. At least ten (10) days prior to the preliminary hearing in a
case where the defendant has been cha rged and is subject to criminal
prosecution for the unlawful use of defensive force, the defendant
may file a motion to dismiss the charges based on a claim that under
the provisions of this section, the defendant is not subject to
criminal prosecution. If the court denies the motion to dismiss,
the defendant shall have the right to file an interlocutory appeal
on the ruling made by the court to the district court judge or
associate district court judge having jurisdiction over the case.
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3. The appeal hearing before the district court judge or
associate district court judge shall address whether the defensiv e
force used by the defendant was unla wful or justified and permitted
pursuant to the provisions of this section.
4. If, after the appeal hearing, the district court judge or
associate district court j udge concludes that the de fensive force
used was justified and permitted u nder the provisions of this
section, the judge shall enter a written order contai ning findings
of fact and conclusions of law that the defendant is not subject to
criminal prosecution and that criminal charges and proceedings shall
be dismissed and shall not be filed unless newly discovered evidence
or evidence not known to the prosecution at the time it is found or
discovered.
5. If, after the appeal hearing the district court judge or
associate district court judge concludes that the de fensive force
used was not justified and was thereby unlawful, the judge shall
enter an order binding the d efendant over for trial.
6. Once prima facie evidence of justified self-defense has been
raised by the defendant, the prosecution shall be required to prove
by clear and convincing evidence that the defens ive force used was
not justified and was thereby unlawful.
7. As used in this subsection, t he term “criminal prosecution ”
includes charging or prosecuting the defendant.
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G. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but th e law enforcement
agency may not arrest the person for using defensi ve force unless it
determines that there is probabl e cause that the defensive force
that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant is immune from not subject to
prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisions of this section to
be licensed in any manner.
J. A person pointing a weapon at a perpetrator in self-defense
or in order to thwart, stop or deter a forcible felo ny or attempted
forcible felony shall not be deemed guilty of committing a criminal
act.
K. As used in this section:
1. “Defensive force” includes, but shall not be limited to,
pointing a weapon at a perpetrator in self-defense or in order to
thwart, stop or deter a forcible felony or attempted forcible
felony;
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2. “Dwelling” means a building or conveyance of any kind,
including any attached porch, whether the building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over
it, including a tent, and is designed to be occupied by people;
3. “Place of worship” means:
a. any permanent building, structure, facility or office
space owned, leased, rented or borrowed, on a full-
time basis, when used for worship services, activities
and business of the congregation, which may include,
but is not be limited to, churches, temples,
synagogues and mosques, and
b. any permanent building, structure, facility or office
space owned, leased, rented or borrowed for use on a
temporary basis, when u sed for worship services,
activities and business o f the congregation including,
which may include, but is not limited to, churches,
temples, synagogues and mosques;
4. “Residence” means a dwelling in which a person resides
either temporarily or permanent ly or is visiting as an invited
guest; and
5. “Vehicle” means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.
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SECTION 2. AMENDATORY 22 O.S. 2021, Section 1053, as
amended by Section 2, Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 1053), is amended to read as follows:
Section 1053. Appeals to the Court of Criminal Appeals may be
taken by the state or a municipality in the fo llowing cases only:
1. Upon judgment for the defendant on quashing or setting aside
an indictment or information;
2. Upon an order of the cou rt arresting the judgment;
3. Upon a question reserved by the state or a municipality;
4. Upon judgment for the defendant on a motion to quash for
insufficient evidence in a felony matter;
5. Upon a pretrial order, decision, or judgment suppressing or
excluding evidence where appell ate review of the issue would be in
the best interests of justice ;
6. Upon a pretrial order, decision or judgment suppressing or
excluding evidence in cases alleg ing violation of any provisions of
Section 13.1 of Title 21 of the Oklahoma Statutes ; and
7. Upon an order, decision or judgment finding that a defendant
is immune from or not subject to criminal prosecution; and
8. Upon a pretrial order, decision, or judgment finding th at a
defendant is not subject to criminal prosecution under the
provisions of Section 1289.25 of Title 21 of the Oklahoma Statutes .
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Priority shall be given to appeals taken pursuant to para graph
5, 6, or 7 of this section, and an order staying proceedings shall
be entered pending the outcome of the appeal.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 1089.1, is
amended to read as follow s:
Section 1089.1. The State of Oklahoma, by and through the
district attorney or Attorney General, shall have the right to
appeal an adverse ru ling or order of a magistrate sustaining:
1. Sustaining a motion to suppress evi dence, quashing;
2. Quashing an information, sustaining;
3. Sustaining a plea to the jurisdiction of the court , failing;
4. Failing to find prosecutive merit in a hearing pursuant to
Section 2-2-403 of Title 10A of the Oklahoma Statutes , sustaining;
5. Sustaining a demurrer to the information , binding;
6. Binding the defendant over for trial on a charge other than
the charge for the original offense , or discharging;
7. Discharging a defendant at the preliminary examination
because of insufficiency of the evidence to establish either that a
crime has been committed or that there is probable cause to believe
that the accused has c ommitted a felony; or
8. Discharging a defendant on a finding that the de fendant is
not subject to criminal prosecution under the provisions of Section
1289.25 of Title 21 of the Oklahoma Statutes .
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Such an appeal shall be taken in accordance with the procedures
provided in this act.
SECTION 4. This act shall become effective No vember 1, 2023.
59-1-1064 JDP 1/19/2023 8:56:14 AM