Oklahoma 2025 Regular Session

Oklahoma House Bill HB1273 Compare Versions

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3-ENGR. H. B. NO. 1273 Page 1 1
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28-ENGROSSED HOUSE
29-BILL NO. 1273 By: Hasenbeck and Lowe (Jason)
30-of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 60th Legislature (2025)
34+
35+HOUSE BILL 1273 By: Hasenbeck of the House
3136
3237 and
3338
3439 Reinhardt of the Senate
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3944
40-[ domestic violence - penalties for assault and
41-battery - counseling requirement - programs –
42-assessments - alternative batterers ' intervention
43-programs - requirements - review hearing procedures
44-- court - sentencing - effective date ]
45+AS INTRODUCED
46+
47+An Act relating to domestic violence; amend ing 21
48+O.S. 2021, Section 644, as last amended by Section 6,
49+Chapter 452, O.S.L. 2024 (21 O .S. Supp. 2024, Section
50+644), which relates to penalties for assault and
51+battery; deleting certain counseling requirement;
52+specifying programs that may provide certa in
53+assessments; providing for alternative batterers '
54+intervention programs; establishing re quirements of
55+alternative batterers ' intervention programs;
56+updating review hearing procedures; authorizing the
57+court to delay sentencing the defendant; and
58+providing an effective date.
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4963 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5064 SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last
5165 amended by Section 6, Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024,
5266 Section 644), is amended to read as follows:
5367 Section 644. A. Assault shall be punishable by imprisonment in
5468 a county jail not exceeding thirty (30) days, or by a fine of not
55-more than Five Hundred Dollars ( $500.00), or by both such fine and
56-imprisonment.
57-B. Assault and battery shall be punishable by imprisonment in a
58-county jail not exceeding ninety (90) days, or by a fine of not more
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96+more than Five Hundred Dollars ($500.00), or by both such fine and
97+imprisonment.
98+B. Assault and battery shall be punishable by imprisonment in a
99+county jail not exceeding ninety (90) days, or by a fine of not more
85100 than One Thousand Dollars ($1,000.00), or by both such fine and
86101 imprisonment.
87102 C. Any person who commits any assault and battery against a
88103 current or former intimate partner or a family or household member
89104 as defined by Section 60. 1 of Title 22 of the Oklahoma Statutes
90105 shall be guilty of domestic abuse. Upo n conviction, the defendant
91106 shall be punished by imprisonment in the county jail for no t more
92107 than one (1) year, or by a fine not exceeding Five Thousand Dollars
93108 ($5,000.00), or by both such fine and imprisonment. Upon conviction
94109 for a second or subsequent offense, the person shall be punished by
95110 imprisonment in the custody of the Departmen t of Corrections for not
96111 more than four (4) years, or by a fine not exceeding Five Thousand
97112 Dollars ($5,000.00), or by both such fine and imprisonment. The
98113 provisions of Section 51.1 of this title shall apply to any second
99114 or subsequent offense.
100115 D. 1. Any person who, with intent to do bodily harm and
101116 without justifiable or excusable cause, co mmits any assault,
102117 battery, or assault and battery upon an intimate partner or a family
103118 or household member as defined by Section 60.1 of Title 22 of the
104119 Oklahoma Statutes with any sharp or dangerous weapon, upon
105-conviction, is guilty of domestic assault or domestic assault and
106-battery with a dangerous weapon which shall be a felony and
107-punishable by imprisonment in the custody of the Department of
108-Corrections not exceeding ten (10) years, or by imprisonment in a
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147+conviction, is guilty of domestic assault o r domestic assault and
148+battery with a dangerous weapon which shall be a felony and
149+punishable by imprisonment in the custody of the Department of
150+Corrections not exceeding ten (10) years, or by imprisonment in a
135151 county jail not exceeding one (1) year. The provisions of Section
136152 51.1 of this title shall apply to any second or subsequent
137153 conviction for a violation of this paragraph.
138154 2. Any person who, without such caus e, shoots an intimate
139155 partner or a family or household member as defined by Section 60.1
140156 of Title 22 of the Oklahoma Statutes by means of any deadly weapon
141157 that is likely to produce death shall, upon conviction, be guilty of
142158 domestic assault and battery wi th a deadly weapon which shall be a
143159 felony punishable by imprisonment in the custody of the Department
144160 of Corrections not exceeding life. The provisions of Section 51.1
145161 of this title shall apply to any second or subsequent conviction for
146162 a violation of this paragraph.
147163 E. 1. Any person convicted of domestic abuse committed against
148164 a pregnant woman with knowledge of the pregnancy shall be guilty of
149165 a felony, punishable b y imprisonment in the custody of the
150166 Department of Corrections for not more than five ( 5) years.
151167 2. Any person convicted of a second or subsequent offense of
152168 domestic abuse against a pregnant woman with knowledge of the
153169 pregnancy shall be guilty of a felony, punishable by imprisonment in
154-the custody of the Department of Corrections for not less than ten
155-(10) years.
156-3. Any person convicted of domestic abuse committed against a
157-pregnant woman with knowledge of the pregnancy and a miscarriage
158-occurs or injury to the unborn chil d occurs shall be guilty of a
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197+the custody of the Department of Corrections for not less than ten
198+(10) years.
199+3. Any person convicted of domestic abuse committed against a
200+pregnant woman with knowledge of the pregnancy and a miscarriage
201+occurs or injury to the unborn child occurs shall be guilty of a
185202 felony, punishable by imprisonment in the custody of the Department
186203 of Corrections for not less than twenty (20) years.
187204 F. Any person convicted of domestic abuse as defined in
188205 subsection C of this section that results in great bodily injury to
189206 the victim shall be guilty of a felony and punis hed by imprisonment
190207 in the custody of the Department of Corrections for not more than
191208 ten (10) years, or by imprisonment in the county jail for not more
192209 than one (1) year. The provisions of Section 51.1 of this title
193210 shall apply to any second or subsequen t conviction of a violation of
194211 this subsection.
195212 G. Any person convicted of domestic abuse as defined in
196213 subsection C of this section that was committed in the presence of a
197214 child shall be punished by imprisonment in the county jail for not
198215 less than six (6) months nor more than one (1) year, or by a fine
199216 not exceeding Five Thousand Dollars ($5, 000.00), or by both such
200217 fine and imprisonment. Any person convicted of a sec ond or
201218 subsequent domestic abuse as defined in subsection C of this section
202219 that was committed in the presence of a child shall be punished by
203220 imprisonment in the custody of the Department of Corrections for not
204-less than one (1) year nor more than five (5) years, or by a fin e
205-not exceeding Seven Thousand Dollars ($7,000.00), or by both such
206-fine and imprisonment. The provisions of Section 51.1 of this title
207-shall apply to any second or subsequent offense. For every
208-conviction of a domestic abuse crime in violation of any pr ovision
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248+less than one (1) year nor more than five (5) years, or by a fine
249+not exceeding Seven Thousand Dollars ($7,000.00), or by both such
250+fine and imprisonment. The provisions of Section 51.1 of this title
251+shall apply to any se cond or subsequent offense. For every
252+conviction of a domestic abuse crime in violation of any provision
235253 of this section committed against an intimate partner or a family or
236254 household member as defined by Section 60.1 of Title 22 of the
237255 Oklahoma Statutes, the court shall:
238256 1. Specifically order as a condition of a suspended or deferred
239257 sentence that a defendant participate in counseling or undergo
240258 treatment to bring about the cessation of domestic abuse as
241259 specified in paragraph 2 of this subsection;
242260 2. a. The court shall require the defendant to complete an
243261 assessment and follow the recommendations of a by a
244262 batterers' intervention program as provided in
245263 subparagraph b of this paragraph and certified by the
246264 Office of the Attorney General, to determine if i t is
247265 appropriate for the defendant to undergo treatment
248266 through the certified batterers' intervention program
249267 provided for in subparagraph b of this paragraph or
250268 through an alternative batterer s' intervention program
251269 as provided for in subparagraph c of th is paragraph
252270 certified by the Attorney General and provided by
253-local certified domestic violence o r sexual assault
254-organizations.
255-b. If the defendant is ordered to participate in a
256-batterers' intervention program, the order shall
257-require the defendant to attend the program for a
258-minimum of fifty-two (52) weeks, complete the program,
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298+local certified domestic violence or sexual assault
299+organizations.
300+b. If the defendant is ordered to p articipate in a
301+batterers' intervention program, the order shall
302+require the defendant to a ttend the program for a
303+minimum of fifty-two (52) weeks, complete the program,
285304 and be evaluated before and after attendance of the
286305 program by program staff. Three u nexcused absences in
287306 succession or seven unexcused absences in a period of
288307 fifty-two (52) weeks from any court-ordered batterers'
289308 intervention program shall be prima fac ie evidence of
290309 the violation of the conditions of probation for the
291310 district attorney to seek acceleration or revocation
292311 of any probation entered by the court.
293312 b.
294313 c. Alternative batterers' intervention programs, which
295314 the court may require the defendant to complete in
296315 lieu of the batterers ' intervention program provided
297316 for in subparagraph b of this paragraph, shall be
298317 certified through the Office of the Attorney General
299318 and last a minimum of twenty-six (26) weeks. Rules
300319 for alternative batterers ' intervention programs shall
301320 be promulgated by the Attorney General and provide
302321 that the programs shall:
303-(1) prioritize the safety of all victims of
304-battering,
305-(2) ensure that batterers ' intervention programs use
306-appropriate intervention strategies to assist the
307-batterer in fostering the appropriate skills to:
308-(a) stop the violence committed by the batterer,
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349+(1) prioritize the safety of all victims of
350+battering,
351+(2) ensure that batterers ' intervention programs use
352+appropriate intervention strategies to assist the
353+batterer in fostering the appropriate skills to:
354+(a) stop the violence committed by the b atterer,
335355 (b) accept personal accountability for battering
336356 and personal responsibility for t he decision
337357 to stop or not to stop battering, and
338358 (c) change the existing atti tudes and beliefs of
339359 the batterer that support the coercive
340360 behavior of the batterer,
341361 (3) provide that batterers ' intervention programs
342362 address all forms of battering,
343363 (4) provide that batterers' intervention programs are
344364 culturally informed and provide culturally
345365 appropriate services to all participants,
346366 (5) provide that batterers ' intervention programs
347367 provide services that are affordable and
348368 accessible for participants, includi ng
349369 participants with disabilities and limited
350370 English proficiency,
351371 (6) provide a uniform standard for evaluating the
352372 performance of a batterers ' intervention program ,
353-(7) encourage practices, based on consensus of
354-research and proven field experience, that
355-enhance victim safety,
356-(8) foster local and statewide communication and
357-interaction between and among batterers'
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400+(7) encourage practices, based on consensus of
401+research and proven field experience, that
402+enhance victim safety,
403+(8) foster local and statewide communication and
404+interaction between and among batterers'
384405 intervention programs and victim advocacy
385406 programs, and
386407 (9) ensure that batterers ' intervention programs
387408 operate as an integrated part of the wider
388409 community response to battering.
389410 Alternative batterers ' intervention programs may use
390411 evidence-based principles of restorative justice.
391412 d. A program for anger management, couples counseling, or
392413 family and marital counseling shall not solely qualify
393414 for the counseling or treatment requirement for
394415 domestic abuse pursuant to this subsection. The
395416 counseling may be ordered in addition to counseling
396417 specifically for the treatment of domestic abuse or
397418 per evaluation as set forth below. If, after
398419 sufficient evaluation and attendance at required
399420 counseling treatment sessions, the domestic violence
400421 treatment program or licensed professional determines
401422 that the defendant does not evaluate as a perpetrator
402423 of domestic violence or does evaluate as a perpetrator
403-of domestic violence and should complete other
404-programs of treatment simultaneously or prior to or
405-subsequent to domestic violence treatment, including
406-but not limited to programs related to the mental
407-health, apparent substance or alcohol abuse or
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451+of domestic violence and should complete other
452+programs of treatment simultaneously or prior to or
453+subsequent to domestic violence treatment, including
454+but not limited to programs related to the mental
455+health, apparent substance or alcohol abuse or
434456 inability or refusal to manage anger, the defendant
435457 shall be ordered to complete the c ounseling as per the
436458 recommendations of the domestic violence treatment
437459 program or licensed professional;
438460 3. a. The court shall set a review hearing no more than one
439461 hundred twenty (120) days after the defendant is
440462 ordered to participate in a domestic abuse counseling
441463 program or undergo treatment for domestic abuse to
442464 assure the attendance a nd compliance of the defendant
443465 with the provisions of this subsection and the
444466 domestic abuse counseling or treatment requirements .
445467 The court may suspend delay sentencing of the
446468 defendant until the defendant has presented proof to
447469 the court of enrollment i n a program of treatment for
448470 domestic abuse by an individual licensed practitioner
449471 or a domestic abuse treatment program certified by the
450472 Attorney General and attendance at weekly sessions of
451473 such program. Such proof shall be presented to the
452474 court by the defendant no later than one hundred
453-twenty (120) days after the defendant is ordered to
454-such counseling or treatment. At such time, the court
455-may complete sentencing, beginning the period of the
456-sentence from the date that proof of enrollment is
457-presented to the court, and schedule reviews as
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502+twenty (120) days after the defendant is ordered to
503+such counseling or treatment. At such time, the court
504+may complete sentencing, beginning the period of the
505+sentence from the date that proof of enrollment is
506+presented to the court, and schedule reviews as
484507 required by subparagraphs a and b of this paragraph
485508 and paragraphs 4 and 5 of this subsection. Three
486509 unexcused absences in succession or seven unexcused
487510 absences in a period of fifty -two (52) weeks from any
488511 court-ordered domestic abuse counseling or treatment
489512 program shall be prima facie evidence of the v iolation
490513 of the conditions of probation for the district
491514 attorney to seek acce leration or revocation of any
492515 probation entered by the court.
493516 b. The court shall set a second review hearing after the
494517 completion of the counseling or treatment to assure
495518 the attendance and compliance of the defendant with
496519 the provisions of this subsection and the domestic
497520 abuse counseling or treatment requirements. The court
498521 shall retain continuing jurisdiction over the
499522 defendant during the course of ordered counseling
500523 through the final review hearing;
501524 4. The court may set subsequent or other review hear ings as the
502525 court determines necessary to assure the defendant attends and fully
503-complies with the provisions of this subsection and the domestic
504-abuse counseling or treatment requirements;
505-5. At any review hearing, if the defendant is not
506-satisfactorily attending individual counseling or a domestic abuse
507-counseling or treatment program or is not in compliance with any
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553+complies with the provisions of this subsection and the domestic
554+abuse counseling or treatment requirements;
555+5. At any review hearing, if the defendant is not
556+satisfactorily attending individual counseling or a domestic abuse
557+counseling or treatment program or is not in compliance with any
534558 domestic abuse counseling or treatment requirements, the cour t may
535559 order the defendant to further or continue counseling, treatment, or
536560 other necessary services. The court may revoke all or any part of a
537561 suspended sentence, d eferred sentence, or probation pursuant to
538562 Section 991b of Title 22 of the Oklahoma Statute s and subject the
539563 defendant to any or all remaining portions of the original sentence;
540564 6. At the first review hearing, the court shall require the
541565 defendant to appear in court. Thereafter, for any subsequent review
542566 hearings, the court may accept a report on the progress of the
543567 defendant from individual counseling, domestic abuse c ounseling, or
544568 the treatment program. There shall be no requirement for the victim
545569 to attend review hearings; and
546570 7. If funding is available, a referee may be appointed and
547571 assigned by the presiding judge of the district court to hear
548572 designated cases set for review under this subsection. Reasonable
549573 compensation for the referees shall be f ixed by the presiding judge.
550574 The referee shall meet the requirements and perform all dutie s in
551575 the same manner and procedure as set forth in Sections 1 -8-103 and
552-2-2-702 of Title 10A of th e Oklahoma Statutes pertaining to referees
553-appointed in juvenile proceedings.
554-The defendant may be required to pay all or part of the cost of
555-the counseling or treatment, in the discretion of the court.
556-H. As used in subsection G of this section, "in the presence of
557-a child" means in the physical presence of a child; or having
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603+2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
604+appointed in juvenile pr oceedings.
605+The defendant may be required to pay all or part of the cost of
606+the counseling or treatment, in the discretion of the court.
607+H. As used in subsection G of this section, "in the presence of
608+a child" means in the physical presence of a child; or having
584609 knowledge that a child is present and may see or hear an act of
585610 domestic violence. For the purposes of subsections C and G of this
586611 section, "child" may be any child whether or not related to the
587612 victim or the defendant.
588613 I. For the purposes of subs ections C and G of this section, any
589614 conviction for assault and battery against an intimate partner or a
590615 family or household member as defined by Section 60.1 of Title 22 of
591616 the Oklahoma Statutes shall constitute a sufficient basis for a
592617 felony charge:
593618 1. If that conviction is rendered in any state, county or
594619 parish court of record of this or a ny other state; or
595620 2. If that conviction is rendered in any municipal court o f
596621 record of this or any other state for which any jail time was
597622 served; provided, no co nviction in a municipal court of record
598623 entered prior to November 1, 1997, shall constitute a prior
599624 conviction for purposes of a felony charge.
600625 J. Any person who commits any assault and battery by
601626 strangulation or attempted strangulation against an intima te partner
602-or a family or household member as defined by Section 60.1 of Title
603-22 of the Oklahoma Statutes shall, upon conviction, be guilty of
604-domestic abuse by strangulation and shall be punished by
605-imprisonment in the custody of the Department of Corrections for a
606-period of not less than one (1) year nor more than three (3) years,
607-or by a fine of not more than Three Thousand Dollars ($3,000.00), or
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654+or a family or household member as defined by Section 60.1 of Title
655+22 of the Oklahoma Statutes shall, upon conviction, be guilty of
656+domestic abuse by strangu lation and shall be punished by
657+imprisonment in the custody of the Department of Correc tions for a
658+period of not less than one (1) year nor more than three (3) years,
659+or by a fine of not more than Three Thousand Dollars ($3,000.00), or
634660 by both such fine and imprisonment. Upon a second or subsequent
635661 conviction for a violation of this section , the defendant shall be
636662 punished by imprisonment in the custody of the Department of
637663 Corrections for a period of not less than three (3) years nor more
638664 than ten (10) years, or by a fine of not more than Twenty Thousand
639665 Dollars ($20,000.00), or by both suc h fine and imprisonment. The
640666 provisions of Section 51.1 of this title shall apply to any s econd
641667 or subsequent conviction of a violation of this subsection. As used
642668 in this subsection, "strangulation" means any form of asphyxia;
643669 including, but not limited to, asphyxia characterized by closure of
644670 the blood vessels or air passages of the neck as a result of
645671 external pressure on the neck or the closure of the nostrils or
646672 mouth as a result of external pressure on the head.
647673 K. Any district court of this state and any judge thereof shall
648674 be immune from any liability or prosecution for issuing an orde r
649675 that requires a defendant to:
650676 1. Attend a treatment program for domestic abusers certified by
651677 the Attorney General;
652-2. Attend counseling or treatment services ordered as part of
653-any suspended or deferred sentence or probation; and
654-3. Attend, complete, and be evaluated before and after
655-attendance by a treatment program for domestic abusers, certifi ed by
656-the Attorney General.
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705+2. Attend counseling or treatment services or dered as part of
706+any suspended or deferred sentence or probation; and
707+3. Attend, complete, and be evaluated before and after
708+attendance by a treatment program for domes tic abusers, certified by
709+the Attorney General.
683710 L. There shall be no charge of fees or costs to any victim of
684711 domestic violence, stalking, or sexual assault in connection with
685712 the prosecution of a domestic violence, stalking, or sexual assault
686713 offense in this state.
687714 M. In the course of prosecuting any charge of domestic abuse,
688715 stalking, harassment, rape, or violation of a protective order, the
689716 prosecutor shall provide the court, prior to sentencing or any plea
690717 agreement, a local history and any other avai lable history of past
691718 convictions of the defendant within the last ten (10) years relat ing
692719 to domestic abuse, stalking, harassment, rape, violation of a
693720 protective order, or any other violent misdemeanor or felony
694721 convictions.
695722 N. Any plea of guilty or finding of guilt for a violation of
696723 subsection C, F, G, I or J of this section shall const itute a
697724 conviction of the offense for the purpose of this act or any other
698725 criminal statute under which the existence of a prior conviction is
699726 relevant for a period of t en (10) years following the completion of
700727 any court imposed probationary term; provided , the person has not,
701-in the meantime, been convicted of a misdemeanor involving moral
702-turpitude or a felony.
703-O. For purposes of subsection F of this section, "great bodily
704-injury" means bone fracture, protracted and obvious disfigurement,
705-protracted loss or impairment of the function of a body part, organ
706-or mental faculty, or substantial risk of death.
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755+in the meantime, been convicted of a misdemeanor involving moral
756+turpitude or a felony.
757+O. For purposes of subsection F of this section, "great bodily
758+injury" means bone fracture, protracted and obvious disfigurement,
759+protracted loss or impairment of the function of a body part, organ
760+or mental faculty, or substantial risk of death.
733761 P. Any pleas of guilty or nolo contendere or finding of guilt
734762 to a violation of any provision of this section shall constitute a
735763 conviction of the offens e for the purpose of any subsection of this
736764 section under which the existence of a prior co nviction is relevant
737765 for a period of ten (10) years following the completion of any
738766 sentence or court imposed probationary term.
739767 SECTION 2. This act shall become effective November 1, 2025.
740-Passed the House of Representatives the 26th day of March, 2025.
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742-
743-
744-
745- Presiding Officer of the House
746- of Representatives
747-
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749-Passed the Senate the ___ day of __________, 2025.
750-
751-
752-
753-
754- Presiding Officer of the Senate
769+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
770+OVERSIGHT, dated 03/04/2025 - DO PASS, As Coauthored.