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ENGROSSED HOUSE
BILL NO. 1273 By: Hasenbeck and Lowe (Jason)
of the House
and
Reinhardt of the Senate
[ domestic violence - penalties for assault and
battery - counseling requirement - programs –
assessments - alternative batterers ' intervention
programs - requirements - review hearing procedures
- court - sentencing - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last
amended by Section 6 , Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 644), is amended to read as follows:
Section 644. A. Assault shall be punishable by imprisonment in
a county jail not exceeding thirty (30) days, or by a fine of not
more than Five Hundred Dollars ( $500.00), or by both such fine and
imprisonment.
B. Assault and battery shall be punishable by imprisonment in a
county jail not exceeding ninety (90) days, or by a fine of not more
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than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
C. Any person who commits any assault and battery against a
current or former intimate partner or a family or household member
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
shall be guilty of domestic abuse. Upon conviction, the de fendant
shall be punished by imprisonment in the county jail for not more
than one (1) year, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment. Upon conviction
for a second or subsequent offense, the perso n shall be punished by
imprisonment in the custody of the Department of Corrections for not
more than four (4) years, or by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment. The
provisions of Section 51.1 of th is title shall apply to any second
or subsequent offense.
D. 1. Any person who, with intent to do bodily harm and
without justifiable or excusable cause, commits any assault,
battery, or assault and battery upon an intimate partner or a family
or household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weapon, upon
conviction, is guilty of domestic assault or domestic assault and
battery with a dangerous weapon which shall be a felony and
punishable by imprisonment in the custody of the Department of
Corrections not exceeding ten (10) years, or by imprisonment in a
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county jail not exceeding one (1) year. The provisions of Section
51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph.
2. Any person who, without such cause, shoots an intimate
partner or a family or household member as defined by Section 60.1
of Title 22 of the Oklahoma Statutes by means of any deadly weapon
that is likely to produce death s hall, upon conviction, be guilty of
domestic assault and battery with a deadly weapon which shall be a
felony punishable by imprisonment in the custody of the Department
of Corrections not exceeding life. The provisions of Section 51.1
of this title shall apply to any second or subsequent conviction for
a violation of this paragraph.
E. 1. Any person convicted of domestic abuse committed against
a pregnant woman with knowledge of the pregnancy shall be guilty of
a felony, punishable by imprisonment in th e custody of the
Department of Corrections for not more than five (5) years.
2. Any person convicted of a second or subsequent offense of
domestic abuse against a pregnant woman with knowledge of the
pregnancy shall be guilty of a felony, punishable by im prisonment in
the custody of the Department of Corrections for not less than ten
(10) years.
3. Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy and a miscarriage
occurs or injury to the unborn chil d occurs shall be guilty of a
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felony, punishable by imprisonment in the custody of the Department
of Corrections for not less than twenty (20) years.
F. Any person convicted of domestic abuse as defined in
subsection C of this section that results in grea t bodily injury to
the victim shall be guilty of a felony and punished by imprisonment
in the custody of the Department of Corrections for not more than
ten (10) years, or by imprisonment in the county jail for not more
than one (1) year. The provisions o f Section 51.1 of this title
shall apply to any second or subsequent conviction of a violation of
this subsection.
G. Any person convicted of domestic abuse as defined in
subsection C of this section that was committed in the presence of a
child shall be punished by imprisonment in the county jail for not
less than six (6) months nor more than one (1) year, or by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment. Any person convicted of a second or
subsequent domestic abuse as defined in subsection C of this section
that was committed in the presence of a child shall be punished by
imprisonment in the custody of the Department of Corrections for not
less than one (1) year nor more than five (5) years, or by a fin e
not exceeding Seven Thousand Dollars ($7,000.00), or by both such
fine and imprisonment. The provisions of Section 51.1 of this title
shall apply to any second or subsequent offense. For every
conviction of a domestic abuse crime in violation of any pr ovision
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of this section committed against an intimate partner or a family or
household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes, the court shall:
1. Specifically order as a condition of a suspended or deferred
sentence that a defendant participate in counseling or undergo
treatment to bring about the cessation of domestic abuse as
specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to complete an
assessment and follow the recommendations of a by a
batterers' intervention program as provided in
subparagraph b of this paragraph and certified by the
Office of the Attorney General, to determine if it is
appropriate for the defendant to undergo treatment
through the certified batterers' intervention program
provided for in subparagraph b of this paragraph or
through an alternative batterer s' intervention program
as provided for in subparagraph c of this paragraph
certified by the Attorney General and provided by
local certified domestic violence o r sexual assault
organizations.
b. If the defendant is ordered to participate in a
batterers' intervention program, the order shall
require the defendant to attend the program for a
minimum of fifty-two (52) weeks, complete the program,
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and be evaluated before and after attendance of the
program by program staff. Three unexcused absences in
succession or seven unexcused absences in a period of
fifty-two (52) weeks from any court -ordered batterers'
intervention program shall be prima facie evidence of
the violation of the conditions of probation for the
district attorney to seek acceleration or revocation
of any probation entered by the court.
b.
c. Alternative batterers ' intervention programs, which
the court may require the defendant to complete in
lieu of the batterers' intervention program provided
for in subparagraph b of this paragraph, shall be
certified through the Office of the Attorney General
and last a minimum of twenty -six (26) weeks. Rules
for alternative batterers ' intervention programs shall
be promulgated by the Attorney General and provide
that the programs shall:
(1) prioritize the safety of all victims of
battering,
(2) ensure that batterers ' intervention programs use
appropriate intervention strategies to assist the
batterer in fostering the appropriate skills to:
(a) stop the violence committed by the batterer,
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(b) accept personal accountability for battering
and personal responsibility for the decision
to stop or not to stop battering, and
(c) change the existing attitudes and beliefs of
the batterer that support the coercive
behavior of the batterer,
(3) provide that batterers ' intervention programs
address all forms of battering,
(4) provide that batterers ' intervention programs are
culturally informed and provide culturally
appropriate services to all participants,
(5) provide that batterers ' intervention programs
provide services that are affordable and
accessible for participants, including
participants with disabilities and limited
English proficiency,
(6) provide a uniform standard for evaluating the
performance of a batterers ' intervention program,
(7) encourage practices, based on consensus of
research and proven field experience, that
enhance victim safety,
(8) foster local and statewide communication and
interaction between and among batterers'
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intervention programs and victim advocacy
programs, and
(9) ensure that batterers ' intervention programs
operate as an integrated part of the wider
community response to battering.
Alternative batterers ' intervention programs may use
evidence-based principles of restorative justice.
d. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling treatment sessions, the domestic violence
treatment program or licensed professional determines
that the defendant does not evaluate as a perpetrator
of domestic violence or does evaluate as a perpetrator
of domestic violence and should complete other
programs of treatment simultaneously or prior to or
subsequent to domestic violence treatment, including
but not limited to programs related to the mental
health, apparent substance or alcohol abuse or
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inability or refusal to manage anger, the defendant
shall be ordered to complete the counseling as per the
recommendations of the domestic violence treatment
program or licensed professional ;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements .
The court may suspend delay sentencing of the
defendant until the defendant has presented proof to
the court of enrollment in a program of treatment for
domestic abuse by an individual licensed practitioner
or a domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the defendant is ordered to
such counseling or treatment. At such time, the court
may complete sentencing, beginning the period of the
sentence from the date that proof of enrollment is
presented to the court, and schedule reviews as
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required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection. Three
unexcused absences in succession or seven unexc used
absences in a period of fifty -two (52) weeks from any
court-ordered domestic abuse counseling or treatment
program shall be prima facie evidence of the violation
of the conditions of probation for the district
attorney to seek acceleration or revocati on of any
probation entered by the court.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and the domestic
abuse counseling or treatment requirements. The court
shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
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domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, treatment, or
other necessary service s. The court may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of Title 22 of the Oklahoma Statutes and subject the
defendant to any or all remaining portions of the original sentence;
6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review under th is subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1 -8-103 and
2-2-702 of Title 10A of th e Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.
The defendant may be required to pay all or part of the cost of
the counseling or treatment, in the discretion of the court.
H. As used in subsection G of this section, "in the presence of
a child" means in the physical presence of a child; or having
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knowledge that a child is present and may see or hear an act of
domestic violence. For the purposes of subsections C and G of this
section, "child" may be any child whether or not r elated to the
victim or the defendant.
I. For the purposes of subsections C and G of this section, any
conviction for assault and battery against an intimate partner or a
family or household member as defined by Section 60.1 of Title 22 of
the Oklahoma Statutes shall constitute a sufficient basis for a
felony charge:
1. If that conviction is rendered in any state, county or
parish court of record of this or any other state; or
2. If that conviction is rendered in any municipal court of
record of this or any other state for which any jail time was
served; provided, no conviction in a municipal court of record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felony charge.
J. Any person who commits any assault and ba ttery by
strangulation or attempted strangulation against an intimate partner
or a family or household member as defined by Section 60.1 of Title
22 of the Oklahoma Statutes shall, upon conviction, be guilty of
domestic abuse by strangulation and shall be punished by
imprisonment in the custody of the Department of Corrections for a
period of not less than one (1) year nor more than three (3) years,
or by a fine of not more than Three Thousand Dollars ($3,000.00), or
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by both such fine and imprisonment. Upo n a second or subsequent
conviction for a violation of this section, the defendant shall be
punished by imprisonment in the custody of the Department of
Corrections for a period of not less than three (3) years nor more
than ten (10) years, or by a fine of not more than Twenty Thousand
Dollars ($20,000.00), or by both such fine and imprisonment. The
provisions of Section 51.1 of this title shall apply to any second
or subsequent conviction of a violation of this subsection. As used
in this subsection, "strangulation" means any form of asphyxia;
including, but not limited to, asphyxia characterized by closure of
the blood vessels or air passages of the neck as a result of
external pressure on the neck or the closure of the nostrils or
mouth as a result of e xternal pressure on the head.
K. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or treatment services ordered as part of
any suspended or deferred sentence or probation; and
3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers, certifi ed by
the Attorney General.
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L. There shall be no charge of fees or costs to any victim of
domestic violence, stalking, or sexual assault in connection with
the prosecution of a domestic violence, stalking, or sexual assault
offense in this state.
M. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
prosecutor shall provide the court, prior to sentencing or any plea
agreement, a local history and any other available history of pas t
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violation of a
protective order, or any other violent misdemeanor or felony
convictions.
N. Any plea of guilty or finding of guilt for a violation of
subsection C, F, G, I or J of this section shall constitute a
conviction of the offense for the purpose of this act or any other
criminal statute under which the existence of a prior conviction is
relevant for a period of ten (10) years follow ing the completion of
any court imposed probationary term; provided, the person has not,
in the meantime, been convicted of a misdemeanor involving moral
turpitude or a felony.
O. For purposes of subsection F of this section, "great bodily
injury" means bone fracture, protracted and obvious disfigurement,
protracted loss or impairment of the function of a body part, organ
or mental faculty, or substantial risk of death.
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P. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any pr ovision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.
SECTION 2. This act shall become effective November 1, 2025.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate