1 STATE OF OKLAHOMA
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2 2nd Session of the 58th Legislature (2022)
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3 SENATE BILL 1120 By: Dahm
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6 AS INTRODUCED
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7 An Act relating to crimes and punishment; creating
7 Kyle's Law; amending 21 O.S. 2021, Section 733, which
8 relates to justifiable homicide; requiring the state
8 to award reimbursement of reasonable costs, fees and
9 other expenses for persons found not guilty of
9 murder; authorizing denial or reduction of awards;
10 permitting appeal to certain courts; allowing for
10 award for certain sustained injury; establishing
11 criteria for claim of malicious prosecution;
11 providing certain criteria for establishing malice;
12 authorizing personal liability; requiring certain
12 reporting; authorizing application to pending
13 prosecutions; providing for noncodification; and
13 providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law not to be
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18 codified in the Oklahoma Statutes reads as follows:
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19 This act shall be known and may be cited as "Kyle's Law".
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20 SECTION 2. AMENDATORY 21 O.S. 2021, Section 733, is
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21 amended to read as follows:
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22 Section 733. A. Homicide is also justifiable when committed by
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23 any person in any of the following cases:
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 1 1. When resisting any attempt to murder such person, or to
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2 commit any felony upon him, or upon or in any dwelling house in
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3 which such person is;
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4 2. When committed in the lawful defense of such person or of
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5 another, when the person using force reasonably believes such force
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6 is necessary to prevent death or great bodily harm to himself or
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7 herself or another or to terminate or prevent the commission of a
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8 forcible felony; or
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9 3. When necessarily committed in attempting, by lawful ways and
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10 means, to apprehend any person for any felony committed; or in
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11 lawfully suppressing any riot; or in lawfully keeping and preserving
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12 the peace.
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13 B. As used in this section, "forcible felony" means any felony
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14 which involves the use or threat of physical force or violence
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15 against any person.
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16 C. When a person is charged with murder but is found not guilty
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17 due to justifiable homicide, this state shall reimburse the
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18 defendant for all reasonable costs including loss of wages, legal
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19 fees incurred, and other expenses involved in his or her defense.
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20 The reimbursement is not an independent cause of action. To award
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21 these reasonable costs the trier of fact must find that the
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22 defendant's claim that the homicide was justified was sustained by a
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23 preponderance of the evidence. If the trier of fact makes a
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24 determination that homicide was justified, the judge shall determine
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 1 the amount of the award. If the trier of fact finds that the
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2 accused did not meet his or her burden of proof by a preponderance
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3 of the evidence, then the accused may appeal the finding to either
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4 the Supreme Court or the Court of Criminal Appeals.
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5 D. Notwithstanding a finding that a defendant's actions were
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6 justified, if the trier of fact also determines that the defendant
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7 was engaged in criminal conduct substantially related to the events
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8 giving rise to the charges filed against the defendant, the judge
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9 may deny or reduce the amount of the award. In determining the
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10 amount of the award, the judge shall also consider the seriousness
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11 of the initial criminal conduct.
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12 E. When a homicide is determined to be justified and the
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13 accused establishes that he or she has sustained injury due to
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14 malicious prosecution, then such person shall be awarded fair and
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15 just compensation.
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16 F. In order to support a claim of malicious prosecution
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17 pursuant to this section, a claimant shall establish:
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18 1. That a prosecution for homicide was commenced against the
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19 claimant;
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20 2. That the prosecution was malicious;
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21 3. That the prosecution was instituted or instigated by the
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22 prosecutor;
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23 4. That the prosecution was without probable cause;
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 1 5. That the prosecution has been legally and finally terminated
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2 in favor of the claimant; and
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3 6. That as a result of the criminal prosecution the claimant
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4 sustained injury.
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5 G. Malice for purposes of this section may be established if
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6 the principal motive of the prosecution was other than a desire to
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7 bring an offender to justice, or that it was done with ill will or
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8 hatred, or willfully done in a wanton or oppressive manner, and in
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9 conscious disregard of the claimant's rights.
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10 H. A prosecutor may be held personally liable to a claimant if
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11 malicious prosecution is established pursuant to this section.
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12 I. When a malicious prosecution is established pursuant to this
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13 section, any judge having presided over any stage of the criminal
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14 prosecution shall immediately report the finding to the Oklahoma Bar
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15 Association for a disciplinary investigation of both the prosecutor
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16 and the elected district attorney who employs the prosecutor.
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17 J. The provisions of this section shall extend to pending
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18 prosecutions prior to the effective date of this act.
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19 SECTION 3. This act shall become effective November 1, 2022.
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21 58-2-2534 PW 11/23/2021 2:59:13 PM
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