Oklahoma 2025 Regular Session

Oklahoma House Bill HB1594 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 1594 Page 1 1
	3	+	HB1594 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1594 By: George 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	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1594 By: George of the House
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31	39		and
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33	41		Weaver of the Senate
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	47	+	COMMITTEE SUBSTITUTE
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40	49		An Act relating to crimes and punishments; amending
41	50		21 O.S. 2021, Section 644, as last amended by Section
42	51		6, Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024,
43	52		Section 644), which relates to assault and battery;
44	53		clarifying scope of certain unlawful act; and
45	54		providing an effective date.
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50	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	60		SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last
52	61		amended by Section 6, Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024,
53	62		Section 644), is amended to read as follows:
54	63		Section 644. A. Assault shall be punishable by imprisonment in
55	64		a county jail not exceeding thirty (30) days, or by a fine of not
56	65		more than Five Hundred Dollars ($500.00), or by both such fine and
57	66		imprisonment.
58		-	B. Assault and battery shall be punishable b y imprisonment in a
59		-	county jail not exceeding ninety (90) days, or by a fine of not more
60		-	than One Thousand Dollars ($1,000.00), or by both such fine and
61		-	imprisonment.
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	94	+	B. Assault and battery sh all be punishable by i mprisonment in a
	95	+	county jail not exceeding ninety (90) days, or by a fine of not more
	96	+	than One Thousand Dollars ($1,000.00), or by both such fine and
	97	+	imprisonment.
88	98		C. Any person who commits any assault and battery against a
89	99		current or former intimate partner or a family or household member
90	100		as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
91	101		shall be guilty of domestic abuse. Upon conviction, the defendant
92	102		shall be punished by imprisonment in the county jail for not more
93	103		than one (1) year, or b y a fine not exceeding Five Thousand Dollars
94	104		($5,000.00), or by both such fine and imprisonment. Upon conviction
95	105		for a second or subsequent offense, the person shall be punished by
96	106		imprisonment in the custody of the Department of Cor rections for not
97	107		more than four (4) years, or by a fine not exceeding Five Thousand
98	108		Dollars ($5,000.00), or by both such fine and imprisonment. The
99	109		provisions of Section 51.1 of this title shall apply to any second
100	110		or subsequent offense.
101	111		D. 1. Any person who, with intent to do bodily harm and
102	112		without justifiable or excusable cause, commits any assault,
103	113		battery, or assault and battery upon an intimate partner or a family
104	114		or household member as defined by Section 60.1 of Title 22 of the
105	115		Oklahoma Statutes with any sharp or dangerous weapon, upon
106	116		conviction, is guilty of domestic assault or domestic assault and
107	117		battery with a dangerous weapon which shall be a felony and
108		-	punishable by imprisonment in the custody of the Department of
109		-	Corrections not exceeding ten (10) years, or b y imprisonment in a
110		-	county jail not exceeding one (1) year. The provisions of Section
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	145	+	punishable by imprisonment in the custody of the Department of
	146	+	Corrections not exceeding t en (10) years, or by i mprisonment in a
	147	+	county jail not exceeding one (1) year. The provisions of Section
137	148		51.1 of this title shall apply to any second or subsequent
138	149		conviction for a violation of this paragraph.
139	150		2. Any person who, without such cause, shoot s an intimate
140	151		partner or a family or household member as defined by Section 60.1
141	152		of Title 22 of the Oklahoma Statutes by means of any kind of
142	153		firearm, deadly weapon that is likely to produce death , air gun,
143		-	conductive energy weapon, or any other means what ~~soever~~, shall, upon
	154	+	conductive energy weapon, or any other means what ever, shall, upon
144	155		conviction, be guilty of domestic assault and battery with a deadly
145	156		weapon which shall be a felony punishable by imprisonment in the
146	157		custody of the Department of Corrections not exceeding life. The
147	158		provisions of Section 51.1 of this titl e shall apply to any second
148	159		or subsequent conviction for a violation of this paragraph.
149	160		E. 1. Any person convicted of domestic abuse committed against
150	161		a pregnant woman with knowledge of the pregnancy shall be guilty of
151	162		a felony, punishable by imprisonmen t in the custody of th e
152	163		Department of Corrections for not more than five (5) years.
153	164		2. Any person convicted of a second or subsequent offense of
154	165		domestic abuse against a pregnant woman with knowledge of the
155	166		pregnancy shall be guilty of a felony, punishabl e by imprisonment in
156	167		the custody of the Department of Corrections for not less than ten
157	168		(10) years.
158		-	3. Any person convicted of domestic abuse committed ag ainst a
159		-	pregnant woman with knowledge of the pregnancy and a miscarriage
160		-	occurs or injury to the unborn child occurs s hall be guilty of a
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	196	+	3. Any person convicted of domestic abuse committed against a
	197	+	pregnant woman with knowledge of the pregnancy and a miscarriage
	198	+	occurs or injury to the unbo rn child occurs shall be guilty of a
187	199		felony, punishable by imprisonment in the custody of the Department
188	200		of Corrections for not less than twenty (20) years.
189	201		F. Any person convicted of domestic abuse as defined in
190	202		subsection C of this section that results in great bodily injury to
191	203		the victim shall be guilty of a felony and punished by imprisonment
192	204		in the custody of the Department of Corrections for not more than
193	205		ten (10) years, or by imprisonment in the county jail for not more
194	206		than one (1) year. The provi sions of Section 51.1 of this title
195	207		shall apply to any second or subsequent conviction of a violation of
196	208		this subsection.
197	209		G. Any person convicted of domestic abuse as defined in
198	210		subsection C of this section that was committed in the presence of a
199	211		child shall be punished by imprisonment in the county jail for not
200	212		less than six (6) months nor more than one (1) year, or by a fine
201	213		not exceeding Five Thousand Dollars ($5,000.00), or by both such
202	214		fine and imprisonment. Any person convicted of a second or
203	215		subsequent domestic abuse as defined in subsection C of this section
204	216		that was committed in the presence of a child shall be punished by
205	217		imprisonment in the custody of the Department of Corrections for not
206	218		less than one (1) year nor more than five (5) years, or b y a fine
207	219		not exceeding Seven Thousand Dollars ($7,000.00), or by both such
208		-	fine and imprisonment. The provisions of Section 51.1 of this title
209		-	shall apply to any second or subsequent offense. For every
210		-	conviction of a domestic abuse crime in violation of any provision
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	247	+	fine and imprisonment. The provisions of Section 51.1 of this title
	248	+	shall apply to any second or subsequent offense. For every
	249	+	conviction of a domestic abuse crime in violation of any provision
237	250		of this section committed against an intimate partner or a family or
238	251		household member as defined by Section 60.1 of Title 22 of the
239	252		Oklahoma Statutes, the court shall:
240	253		1. Specifically order as a condition of a suspended or deferred
241	254		sentence that a defendant participate in counseling or undergo
242	255		treatment to bring about the cessation of domestic abuse as
243	256		specified in paragraph 2 of this subsection;
244	257		2. a. The court shall require the defendant to complete an
245	258		assessment and follow the recommendat ions of a
246	259		batterers' intervention program certified by the
247	260		Attorney General. If the defendant is ordered to
248	261		participate in a batterers' intervention program, the
249	262		order shall require the defendant to attend the
250	263		program for a minimum of fifty -two (52) weeks,
251	264		complete the program, and be evaluated before and
252	265		after attendance of the program by program staff.
253	266		Three unexcused absences in succession or seven
254	267		unexcused absences in a period of fifty -two (52) weeks
255	268		from any court-ordered batterers' intervention pro gram
256	269		shall be prima facie evidence of the violation of the
257	270		conditions of probation for the district attorney to
258		-	seek acceleration or revocation of any prob ation
259		-	entered by the court.
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	298	+	seek acceleration or revocation of any probation
	299	+	entered by the court.
286	300		b. A program for anger management, couples counseling, or
287	301		family and marital counseling shall not solely qualify
288	302		for the counseling or treatment requirement for
289	303		domestic abuse pursuant to this subsection. The
290	304		counseling may be ordered in addition to counseling
291	305		specifically for the treatment of domestic abuse or
292	306		per evaluation as set forth below. I f, after
293	307		sufficient evaluation and attendance at required
294	308		counseling sessions, the domestic violence treatment
295	309		program or licensed professional determines that the
296	310		defendant does not evaluate as a perpetrator of
297	311		domestic violence or d oes evaluate as a perpetrator of
298	312		domestic violence and should complete other programs
299	313		of treatment simultaneously or prior to domestic
300	314		violence treatment, including but not limited to
301	315		programs related to the mental health, apparent
302	316		substance or alcohol abu se or inability or ref usal to
303	317		manage anger, the defendant shall be ordered to
304	318		complete the counseling as per the recommendations of
305	319		the domestic violence treatment program or licensed
306	320		professional;
307		-	3. a. The court shall set a review hearing no more than one
308		-	hundred twenty (120) days after the defendant is
309		-	ordered to participate in a domestic abuse counseling
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	348	+	3. a. The court shall set a review hearing no more than on e
	349	+	hundred twenty (120) days after the defendant is
	350	+	ordered to participate in a domestic abuse counseling
336	351		program or undergo treatment for domestic abuse to
337	352		assure the attendance and compliance of the defendant
338	353		with the provisions of this subsection and the
339	354		domestic abuse counse ling or treatment requirements.
340	355		The court may suspend sentencing of the defendant
341	356		until the defendant has presented proof to the court
342	357		of enrollment in a program of treatment for domestic
343	358		abuse by an individual licensed practitioner or a
344	359		domestic abuse treatment program certified by the
345	360		Attorney General and attendance at weekly sessions of
346	361		such program. Such proof shall be presented to the
347	362		court by the defendant no later than one hundred
348	363		twenty (120) days after the defendant is order ed to
349	364		such counseling or treatment. At such time, the court
350	365		may complete sentencing, beginning the period of the
351	366		sentence from the date that proof of enrollment is
352	367		presented to the court, and schedule reviews as
353	368		required by subparagraphs a and b of this p aragraph
354	369		and paragraphs 4 and 5 of this subsection. Three
355	370		unexcused absences in succession or seven unexcused
356	371		absences in a period of fifty -two (52) weeks from any
357		-	court-ordered domestic abuse counseling or treatment
358		-	program shall be prima facie evidence of the violation
359		-	of the conditions of probation for the district
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	399	+	court-ordered domestic abuse counseling or treatment
	400	+	program shall be prima facie evidence of the violation
	401	+	of the conditions of probation for the district
386	402		attorney to seek acceleration or revocation of any
387	403		probation entered by the court.
388	404		b. The court shall set a second review hearing after the
389	405		completion of the counseling or treatment to assure
390	406		the attendance and compliance of the defendant with
391	407		the provisions of this subsection and the domestic
392	408		abuse counseling or treatment requirements. The court
393	409		shall retain continuing jurisdiction over the
394	410		defendant during the course of ordered counseling
395	411		through the final revie w hearing;
396	412		4. The court may set subsequent or other review hearings as the
397	413		court determines necessary to assure the defendant attends and fully
398	414		complies with the provisions of this subsection and the domestic
399	415		abuse counseling or trea tment requirements;
400	416		5. At any review hearing, if the defendant is not
401	417		satisfactorily attending individual counseling or a domestic abuse
402	418		counseling or treatment program or is not in compliance with any
403	419		domestic abuse counseling or treatment requirements, the court may
404	420		order the defendant to further or continue counseling, treatment, or
405	421		other necessary services. The court may revoke all or any part of a
406	422		suspended sentence, deferred sentence, or probation pursuant to
407		-	Section 991b of Title 22 of the Oklahoma Statutes and subject the
408		-	defendant to any or all remaining portions of the original sentence;
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	450	+	Section 991b of Title 22 of the Oklahoma Statutes and subject the
	451	+	defendant to any or all remaining portions of the original sentence;
435	452		6. At the first review hearing, the court shall require the
436	453		defendant to appear in court. Thereafter, for any subsequent review
437	454		hearings, the court may accept a report on the progre ss of the
438	455		defendant from individual counseling, domestic abuse counseling, or
439	456		the treatment program. There shall be no requirement for the victim
440	457		to attend review hearings; and
441	458		7. If funding is available, a referee may be appointed and
442	459		assigned by the presiding judge of the district court to hear
443	460		designated cases set for review under this subsection. Reasonable
444	461		compensation for the referees shall be fixed by the presiding judge.
445	462		The referee shall meet the requirements and perform a ll duties in
446	463		the same manner and procedure as set forth in Sections 1 -8-103 and
447	464		2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
448	465		appointed in juvenile proceedings.
449	466		The defendant may be required to pay all or part of the cost of
450	467		the counseling or treatment, in the discretion of the court.
451	468		H. As used in subsection G of this section, "in the presence of
452	469		a child" means in the physical presence of a child; or having
453	470		knowledge that a child is present and may see or hear an act of
454	471		domestic violence. For the purpos es of subsections C and G of this
455	472		section, "child" may be any child whether or not related to the
456	473		victim or the defendant.
457		-	I. For the purposes of subsections C and G of this section, any
458		-	conviction for assault and battery against an intimate partner or a
459	474
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	501	+	I. For the purposes of subsections C and G of this section, any
	502	+	conviction for assault and battery against an intimate partner or a
485	503		family or household member as defined by Section 60.1 of Title 22 of
486	504		the Oklahoma Statutes shall constitute a sufficient basis for a
487	505		felony charge:
488	506		1. If that conviction is rendered in any state, county or
489	507		parish court of record of t his or any other state ; or
490	508		2. If that conviction is rendered in any municipal court of
491	509		record of this or any other state for which any jail time was
492	510		served; provided, no conviction in a municipal court of record
493	511		entered prior to November 1, 1997, shall co nstitute a prior
494	512		conviction for purposes of a felony charge.
495	513		J. Any person who commits any assault and battery by
496	514		strangulation or attempted strangulation against an intimate partner
497	515		or a family or household member as defined by Section 60.1 of Title
498	516		22 of the Oklahoma Statute s shall, upon conviction, be guilty of
499	517		domestic abuse by strangulation and shall be punished by
500	518		imprisonment in the custody of the Department of Corrections for a
501	519		period of not less than one (1) year nor more than three (3) years,
502	520		or by a fine of not more than Three Thousand Dollars ($3,000.00), or
503	521		by both such fine and imprisonment. Upon a second or subsequent
504	522		conviction for a violation of this section, the defendant shall be
505	523		punished by imprisonment in the custody of the Department of
506	524		Corrections for a period of not less than three (3) years nor more
507		-	than ten (10) years, or by a fine of not more than Twenty Thousand
508		-	Dollars ($20,000.00), or by both such fine and imprisonment. The
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	552	+	than ten (10) years, or by a fine of not more than Twenty Thousand
	553	+	Dollars ($20,000.00), or by both such fine and imprisonment. The
535	554		provisions of Section 51.1 of this title shall apply to any second
536	555		or subsequent conviction of a violation of this subsection. As used
537	556		in this subsection, "strangulation" means any form of asphyxia;
538	557		including, but not limited to, asphyxia characterized by closure of
539	558		the blood vessels or air passages of the neck as a result of
540	559		external pressure on the neck or the closure of the nostrils or
541	560		mouth as a result of external pressure on the head.
542	561		K. Any district court of this state and any judge thereof shall
543	562		be immune from any liability or prosecution for issuing an order
544	563		that requires a defendant to:
545	564		1. Attend a treatment program for domestic abusers certified by
546	565		the Attorney General;
547	566		2. Attend counseling or treatment services ordered as part of
548	567		any suspended or deferred sentence or probation; and
549	568		3. Attend, complete, and be evalua ted before and after
550	569		attendance by a treatment program for domestic abusers, certified by
551	570		the Attorney General.
552	571		L. There shall be no charge of fees or costs to any victim of
553	572		domestic violence, stalking, or sexual assault in connectio n with
554	573		the prosecution of a domestic violence, stalking, or sexual assault
555	574		offense in this state.
556		-	M. In the course of prosecuting any charge of domestic a buse,
557		-	stalking, harassment, rape, or violation of a protective order, the
558		-	prosecutor shall provide the court, prior to sentencing or any plea
559	575
560		-	ENGR. H. B. NO. 1594 Page 12 1
	576	+	HB1594 HFLR Page 12
	577	+	BOLD FACE denotes Committee Amendments. 1
561	578		2
562	579		3
563	580		4
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565	582		6
566	583		7
567	584		8
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580	597		21
581	598		22
582	599		23
583	600		24
584	601
	602	+	M. In the course of prosecuting any charge of domestic abuse,
	603	+	stalking, harassment, rape, or violation of a protective order, the
	604	+	prosecutor shall provide th e court, prior to sent encing or any plea
585	605		agreement, a local history and any other available history of past
586	606		convictions of the defendant within the last ten (10) years relating
587	607		to domestic abuse, stalking, harassment, rape, violation of a
588	608		protective order, or any other violent misdemeanor or felony
589	609		convictions.
590	610		N. Any plea of guilty or finding of guilt for a violation of
591	611		subsection C, F, G, I or J of this section shall constitute a
592	612		conviction of the offense for the purpose of this act or any other
593	613		criminal statute under which t he existence of a prior conviction is
594	614		relevant for a period of ten (10) years following the completion of
595	615		any court imposed probationary term; provided, the person has not,
596	616		in the meantime, been convicted of a misdemeanor involving mo ral
597	617		turpitude or a felony.
598	618		O. For purposes of subsection F of this section, "great bodily
599	619		injury" means bone fracture, protracted and obvious disfigurement,
600	620		protracted loss or impairment of the function of a body part, organ
601	621		or mental faculty, or substant ial risk of death.
602	622		P. Any pleas of guilty or nolo contendere or finding of guilt
603	623		to a violation of any provision of this section shall constitute a
604	624		conviction of the offense for the purpose of any subsection of this
605	625		section under which the existence of a prior conviction is relevant
606		-	for a period of ten (10) years following the completion of any
607		-	sentence or court imposed probationary term.
608	626
609		-
610		-	~~ENGR~~. ~~H. B. NO. 1594 Page 13~~ 1
	627	+	HB1594 HFLR Page 13
	628	+	BOLD FACE denotes Committee Amendments. 1
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615	633		6
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617	635		8
618	636		9
619	637		10
620	638		11
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624	642		15
625	643		16
626	644		17
627	645		18
628	646		19
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633	651		24
634	652
	653	+	for a period of ten (10) years following the completion of any
	654	+	sentence or court imposed probationary term.
635	655		SECTION 2. This act shall become effective November 1, 2025.
636		-	Passed the House of Representatives the 11th day of March, 2025.
637	656
638		-
639		-
640		-
641		-	Presiding Officer of the House
642		-	of Representatives
643		-
644		-
645		-	Passed the Senate the ___ day of __________, 2025.
646		-
647		-
648		-
649		-
650		-	Presiding Officer of the Senate
	657	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
	658	+	OVERSIGHT, dated 02/25/2025 – DO PASS, As Amended.