40 | | - | [ domestic violence - penalties for assault and |
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41 | | - | battery - counseling requirement - programs – |
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42 | | - | assessments - alternative batterers ' intervention |
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43 | | - | programs - requirements - review hearing procedures |
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44 | | - | - court - sentencing - effective date ] |
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| 45 | + | AS INTRODUCED |
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| 46 | + | |
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| 47 | + | An Act relating to domestic violence; amend ing 21 |
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| 48 | + | O.S. 2021, Section 644, as last amended by Section 6, |
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| 49 | + | Chapter 452, O.S.L. 2024 (21 O .S. Supp. 2024, Section |
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| 50 | + | 644), which relates to penalties for assault and |
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| 51 | + | battery; deleting certain counseling requirement; |
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| 52 | + | specifying programs that may provide certa in |
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| 53 | + | assessments; providing for alternative batterers ' |
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| 54 | + | intervention programs; establishing re quirements of |
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| 55 | + | alternative batterers ' intervention programs; |
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| 56 | + | updating review hearing procedures; authorizing the |
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| 57 | + | court to delay sentencing the defendant; and |
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| 58 | + | providing an effective date. |
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45 | 59 | | |
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46 | 60 | | |
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47 | 61 | | |
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48 | 62 | | |
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49 | 63 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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50 | 64 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last |
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51 | 65 | | amended by Section 6, Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024, |
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52 | 66 | | Section 644), is amended to read as follows: |
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53 | 67 | | Section 644. A. Assault shall be punishable by imprisonment in |
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54 | 68 | | a county jail not exceeding thirty (30) days, or by a fine of not |
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85 | 100 | | than One Thousand Dollars ($1,000.00), or by both such fine and |
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86 | 101 | | imprisonment. |
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87 | 102 | | C. Any person who commits any assault and battery against a |
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88 | 103 | | current or former intimate partner or a family or household member |
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89 | 104 | | as defined by Section 60. 1 of Title 22 of the Oklahoma Statutes |
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90 | 105 | | shall be guilty of domestic abuse. Upo n conviction, the defendant |
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91 | 106 | | shall be punished by imprisonment in the county jail for no t more |
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92 | 107 | | than one (1) year, or by a fine not exceeding Five Thousand Dollars |
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93 | 108 | | ($5,000.00), or by both such fine and imprisonment. Upon conviction |
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94 | 109 | | for a second or subsequent offense, the person shall be punished by |
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95 | 110 | | imprisonment in the custody of the Departmen t of Corrections for not |
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96 | 111 | | more than four (4) years, or by a fine not exceeding Five Thousand |
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97 | 112 | | Dollars ($5,000.00), or by both such fine and imprisonment. The |
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98 | 113 | | provisions of Section 51.1 of this title shall apply to any second |
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99 | 114 | | or subsequent offense. |
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100 | 115 | | D. 1. Any person who, with intent to do bodily harm and |
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101 | 116 | | without justifiable or excusable cause, co mmits any assault, |
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102 | 117 | | battery, or assault and battery upon an intimate partner or a family |
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103 | 118 | | or household member as defined by Section 60.1 of Title 22 of the |
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104 | 119 | | Oklahoma Statutes with any sharp or dangerous weapon, upon |
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135 | 151 | | county jail not exceeding one (1) year. The provisions of Section |
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136 | 152 | | 51.1 of this title shall apply to any second or subsequent |
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137 | 153 | | conviction for a violation of this paragraph. |
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138 | 154 | | 2. Any person who, without such caus e, shoots an intimate |
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139 | 155 | | partner or a family or household member as defined by Section 60.1 |
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140 | 156 | | of Title 22 of the Oklahoma Statutes by means of any deadly weapon |
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141 | 157 | | that is likely to produce death shall, upon conviction, be guilty of |
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142 | 158 | | domestic assault and battery wi th a deadly weapon which shall be a |
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143 | 159 | | felony punishable by imprisonment in the custody of the Department |
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144 | 160 | | of Corrections not exceeding life. The provisions of Section 51.1 |
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145 | 161 | | of this title shall apply to any second or subsequent conviction for |
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146 | 162 | | a violation of this paragraph. |
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147 | 163 | | E. 1. Any person convicted of domestic abuse committed against |
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148 | 164 | | a pregnant woman with knowledge of the pregnancy shall be guilty of |
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149 | 165 | | a felony, punishable b y imprisonment in the custody of the |
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150 | 166 | | Department of Corrections for not more than five ( 5) years. |
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151 | 167 | | 2. Any person convicted of a second or subsequent offense of |
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152 | 168 | | domestic abuse against a pregnant woman with knowledge of the |
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153 | 169 | | pregnancy shall be guilty of a felony, punishable by imprisonment in |
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185 | 202 | | felony, punishable by imprisonment in the custody of the Department |
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186 | 203 | | of Corrections for not less than twenty (20) years. |
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187 | 204 | | F. Any person convicted of domestic abuse as defined in |
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188 | 205 | | subsection C of this section that results in great bodily injury to |
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189 | 206 | | the victim shall be guilty of a felony and punis hed by imprisonment |
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190 | 207 | | in the custody of the Department of Corrections for not more than |
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191 | 208 | | ten (10) years, or by imprisonment in the county jail for not more |
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192 | 209 | | than one (1) year. The provisions of Section 51.1 of this title |
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193 | 210 | | shall apply to any second or subsequen t conviction of a violation of |
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194 | 211 | | this subsection. |
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195 | 212 | | G. Any person convicted of domestic abuse as defined in |
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196 | 213 | | subsection C of this section that was committed in the presence of a |
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197 | 214 | | child shall be punished by imprisonment in the county jail for not |
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198 | 215 | | less than six (6) months nor more than one (1) year, or by a fine |
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199 | 216 | | not exceeding Five Thousand Dollars ($5, 000.00), or by both such |
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200 | 217 | | fine and imprisonment. Any person convicted of a sec ond or |
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201 | 218 | | subsequent domestic abuse as defined in subsection C of this section |
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202 | 219 | | that was committed in the presence of a child shall be punished by |
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203 | 220 | | imprisonment in the custody of the Department of Corrections for not |
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235 | 253 | | of this section committed against an intimate partner or a family or |
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236 | 254 | | household member as defined by Section 60.1 of Title 22 of the |
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237 | 255 | | Oklahoma Statutes, the court shall: |
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238 | 256 | | 1. Specifically order as a condition of a suspended or deferred |
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239 | 257 | | sentence that a defendant participate in counseling or undergo |
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240 | 258 | | treatment to bring about the cessation of domestic abuse as |
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241 | 259 | | specified in paragraph 2 of this subsection; |
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242 | 260 | | 2. a. The court shall require the defendant to complete an |
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243 | 261 | | assessment and follow the recommendations of a by a |
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244 | 262 | | batterers' intervention program as provided in |
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245 | 263 | | subparagraph b of this paragraph and certified by the |
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246 | 264 | | Office of the Attorney General, to determine if i t is |
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247 | 265 | | appropriate for the defendant to undergo treatment |
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248 | 266 | | through the certified batterers' intervention program |
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249 | 267 | | provided for in subparagraph b of this paragraph or |
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250 | 268 | | through an alternative batterer s' intervention program |
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251 | 269 | | as provided for in subparagraph c of th is paragraph |
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252 | 270 | | certified by the Attorney General and provided by |
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285 | 304 | | and be evaluated before and after attendance of the |
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286 | 305 | | program by program staff. Three u nexcused absences in |
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287 | 306 | | succession or seven unexcused absences in a period of |
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288 | 307 | | fifty-two (52) weeks from any court-ordered batterers' |
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289 | 308 | | intervention program shall be prima fac ie evidence of |
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290 | 309 | | the violation of the conditions of probation for the |
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291 | 310 | | district attorney to seek acceleration or revocation |
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292 | 311 | | of any probation entered by the court. |
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293 | 312 | | b. |
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294 | 313 | | c. Alternative batterers' intervention programs, which |
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295 | 314 | | the court may require the defendant to complete in |
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296 | 315 | | lieu of the batterers ' intervention program provided |
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297 | 316 | | for in subparagraph b of this paragraph, shall be |
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298 | 317 | | certified through the Office of the Attorney General |
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299 | 318 | | and last a minimum of twenty-six (26) weeks. Rules |
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300 | 319 | | for alternative batterers ' intervention programs shall |
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301 | 320 | | be promulgated by the Attorney General and provide |
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302 | 321 | | that the programs shall: |
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335 | 355 | | (b) accept personal accountability for battering |
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336 | 356 | | and personal responsibility for t he decision |
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337 | 357 | | to stop or not to stop battering, and |
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338 | 358 | | (c) change the existing atti tudes and beliefs of |
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339 | 359 | | the batterer that support the coercive |
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340 | 360 | | behavior of the batterer, |
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341 | 361 | | (3) provide that batterers ' intervention programs |
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342 | 362 | | address all forms of battering, |
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343 | 363 | | (4) provide that batterers' intervention programs are |
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344 | 364 | | culturally informed and provide culturally |
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345 | 365 | | appropriate services to all participants, |
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346 | 366 | | (5) provide that batterers ' intervention programs |
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347 | 367 | | provide services that are affordable and |
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348 | 368 | | accessible for participants, includi ng |
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349 | 369 | | participants with disabilities and limited |
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350 | 370 | | English proficiency, |
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351 | 371 | | (6) provide a uniform standard for evaluating the |
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352 | 372 | | performance of a batterers ' intervention program , |
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384 | 405 | | intervention programs and victim advocacy |
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385 | 406 | | programs, and |
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386 | 407 | | (9) ensure that batterers ' intervention programs |
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387 | 408 | | operate as an integrated part of the wider |
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388 | 409 | | community response to battering. |
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389 | 410 | | Alternative batterers ' intervention programs may use |
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390 | 411 | | evidence-based principles of restorative justice. |
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391 | 412 | | d. A program for anger management, couples counseling, or |
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392 | 413 | | family and marital counseling shall not solely qualify |
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393 | 414 | | for the counseling or treatment requirement for |
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394 | 415 | | domestic abuse pursuant to this subsection. The |
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395 | 416 | | counseling may be ordered in addition to counseling |
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396 | 417 | | specifically for the treatment of domestic abuse or |
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397 | 418 | | per evaluation as set forth below. If, after |
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398 | 419 | | sufficient evaluation and attendance at required |
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399 | 420 | | counseling treatment sessions, the domestic violence |
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400 | 421 | | treatment program or licensed professional determines |
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401 | 422 | | that the defendant does not evaluate as a perpetrator |
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402 | 423 | | of domestic violence or does evaluate as a perpetrator |
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434 | 456 | | inability or refusal to manage anger, the defendant |
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435 | 457 | | shall be ordered to complete the c ounseling as per the |
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436 | 458 | | recommendations of the domestic violence treatment |
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437 | 459 | | program or licensed professional; |
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438 | 460 | | 3. a. The court shall set a review hearing no more than one |
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439 | 461 | | hundred twenty (120) days after the defendant is |
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440 | 462 | | ordered to participate in a domestic abuse counseling |
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441 | 463 | | program or undergo treatment for domestic abuse to |
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442 | 464 | | assure the attendance a nd compliance of the defendant |
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443 | 465 | | with the provisions of this subsection and the |
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444 | 466 | | domestic abuse counseling or treatment requirements . |
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445 | 467 | | The court may suspend delay sentencing of the |
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446 | 468 | | defendant until the defendant has presented proof to |
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447 | 469 | | the court of enrollment i n a program of treatment for |
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448 | 470 | | domestic abuse by an individual licensed practitioner |
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449 | 471 | | or a domestic abuse treatment program certified by the |
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450 | 472 | | Attorney General and attendance at weekly sessions of |
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451 | 473 | | such program. Such proof shall be presented to the |
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452 | 474 | | court by the defendant no later than one hundred |
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484 | 507 | | required by subparagraphs a and b of this paragraph |
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485 | 508 | | and paragraphs 4 and 5 of this subsection. Three |
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486 | 509 | | unexcused absences in succession or seven unexcused |
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487 | 510 | | absences in a period of fifty -two (52) weeks from any |
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488 | 511 | | court-ordered domestic abuse counseling or treatment |
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489 | 512 | | program shall be prima facie evidence of the v iolation |
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490 | 513 | | of the conditions of probation for the district |
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491 | 514 | | attorney to seek acce leration or revocation of any |
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492 | 515 | | probation entered by the court. |
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493 | 516 | | b. The court shall set a second review hearing after the |
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494 | 517 | | completion of the counseling or treatment to assure |
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495 | 518 | | the attendance and compliance of the defendant with |
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496 | 519 | | the provisions of this subsection and the domestic |
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497 | 520 | | abuse counseling or treatment requirements. The court |
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498 | 521 | | shall retain continuing jurisdiction over the |
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499 | 522 | | defendant during the course of ordered counseling |
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500 | 523 | | through the final review hearing; |
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501 | 524 | | 4. The court may set subsequent or other review hear ings as the |
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502 | 525 | | court determines necessary to assure the defendant attends and fully |
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534 | 558 | | domestic abuse counseling or treatment requirements, the cour t may |
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535 | 559 | | order the defendant to further or continue counseling, treatment, or |
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536 | 560 | | other necessary services. The court may revoke all or any part of a |
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537 | 561 | | suspended sentence, d eferred sentence, or probation pursuant to |
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538 | 562 | | Section 991b of Title 22 of the Oklahoma Statute s and subject the |
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539 | 563 | | defendant to any or all remaining portions of the original sentence; |
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540 | 564 | | 6. At the first review hearing, the court shall require the |
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541 | 565 | | defendant to appear in court. Thereafter, for any subsequent review |
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542 | 566 | | hearings, the court may accept a report on the progress of the |
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543 | 567 | | defendant from individual counseling, domestic abuse c ounseling, or |
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544 | 568 | | the treatment program. There shall be no requirement for the victim |
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545 | 569 | | to attend review hearings; and |
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546 | 570 | | 7. If funding is available, a referee may be appointed and |
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547 | 571 | | assigned by the presiding judge of the district court to hear |
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548 | 572 | | designated cases set for review under this subsection. Reasonable |
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549 | 573 | | compensation for the referees shall be f ixed by the presiding judge. |
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550 | 574 | | The referee shall meet the requirements and perform all dutie s in |
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551 | 575 | | the same manner and procedure as set forth in Sections 1 -8-103 and |
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584 | 609 | | knowledge that a child is present and may see or hear an act of |
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585 | 610 | | domestic violence. For the purposes of subsections C and G of this |
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586 | 611 | | section, "child" may be any child whether or not related to the |
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587 | 612 | | victim or the defendant. |
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588 | 613 | | I. For the purposes of subs ections C and G of this section, any |
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589 | 614 | | conviction for assault and battery against an intimate partner or a |
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590 | 615 | | family or household member as defined by Section 60.1 of Title 22 of |
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591 | 616 | | the Oklahoma Statutes shall constitute a sufficient basis for a |
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592 | 617 | | felony charge: |
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593 | 618 | | 1. If that conviction is rendered in any state, county or |
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594 | 619 | | parish court of record of this or a ny other state; or |
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595 | 620 | | 2. If that conviction is rendered in any municipal court o f |
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596 | 621 | | record of this or any other state for which any jail time was |
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597 | 622 | | served; provided, no co nviction in a municipal court of record |
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598 | 623 | | entered prior to November 1, 1997, shall constitute a prior |
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599 | 624 | | conviction for purposes of a felony charge. |
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600 | 625 | | J. Any person who commits any assault and battery by |
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601 | 626 | | strangulation or attempted strangulation against an intima te partner |
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602 | | - | or a family or household member as defined by Section 60.1 of Title |
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603 | | - | 22 of the Oklahoma Statutes shall, upon conviction, be guilty of |
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604 | | - | domestic abuse by strangulation and shall be punished by |
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605 | | - | imprisonment in the custody of the Department of Corrections for a |
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606 | | - | period of not less than one (1) year nor more than three (3) years, |
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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 |
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| 655 | + | 22 of the Oklahoma Statutes shall, upon conviction, be guilty of |
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| 656 | + | domestic abuse by strangu lation and shall be punished by |
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| 657 | + | imprisonment in the custody of the Department of Correc tions for a |
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| 658 | + | period of not less than one (1) year nor more than three (3) years, |
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| 659 | + | or by a fine of not more than Three Thousand Dollars ($3,000.00), or |
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634 | 660 | | by both such fine and imprisonment. Upon a second or subsequent |
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635 | 661 | | conviction for a violation of this section , the defendant shall be |
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636 | 662 | | punished by imprisonment in the custody of the Department of |
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637 | 663 | | Corrections for a period of not less than three (3) years nor more |
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638 | 664 | | than ten (10) years, or by a fine of not more than Twenty Thousand |
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639 | 665 | | Dollars ($20,000.00), or by both suc h fine and imprisonment. The |
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640 | 666 | | provisions of Section 51.1 of this title shall apply to any s econd |
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641 | 667 | | or subsequent conviction of a violation of this subsection. As used |
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642 | 668 | | in this subsection, "strangulation" means any form of asphyxia; |
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643 | 669 | | including, but not limited to, asphyxia characterized by closure of |
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644 | 670 | | the blood vessels or air passages of the neck as a result of |
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645 | 671 | | external pressure on the neck or the closure of the nostrils or |
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646 | 672 | | mouth as a result of external pressure on the head. |
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647 | 673 | | K. Any district court of this state and any judge thereof shall |
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648 | 674 | | be immune from any liability or prosecution for issuing an orde r |
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649 | 675 | | that requires a defendant to: |
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650 | 676 | | 1. Attend a treatment program for domestic abusers certified by |
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651 | 677 | | the Attorney General; |
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683 | 710 | | L. There shall be no charge of fees or costs to any victim of |
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684 | 711 | | domestic violence, stalking, or sexual assault in connection with |
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685 | 712 | | the prosecution of a domestic violence, stalking, or sexual assault |
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686 | 713 | | offense in this state. |
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687 | 714 | | M. In the course of prosecuting any charge of domestic abuse, |
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688 | 715 | | stalking, harassment, rape, or violation of a protective order, the |
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689 | 716 | | prosecutor shall provide the court, prior to sentencing or any plea |
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690 | 717 | | agreement, a local history and any other avai lable history of past |
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691 | 718 | | convictions of the defendant within the last ten (10) years relat ing |
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692 | 719 | | to domestic abuse, stalking, harassment, rape, violation of a |
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693 | 720 | | protective order, or any other violent misdemeanor or felony |
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694 | 721 | | convictions. |
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695 | 722 | | N. Any plea of guilty or finding of guilt for a violation of |
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696 | 723 | | subsection C, F, G, I or J of this section shall const itute a |
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697 | 724 | | conviction of the offense for the purpose of this act or any other |
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698 | 725 | | criminal statute under which the existence of a prior conviction is |
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699 | 726 | | relevant for a period of t en (10) years following the completion of |
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700 | 727 | | any court imposed probationary term; provided , the person has not, |
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